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12-17-2012-Packet
Page 1 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large Monday, December 17, 2012 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jason Howard, Director of Adult Ministries with StoneCreek Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 12-331) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the December 3, 2012 Regular City Council Meeting Minutes. (Agenda Item No. 12-332) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 17, 2012 Page 2 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the December 10, 2012 Work Session City Council Minutes. (Agenda Item No. 12-333) (Sudie Gordon, City Clerk) 3. Approval of Commercial Card Agreement and Addendum for the Enterprise Spend Platform with SunTrust Bank. (Agenda Item No. 12-334) (Stacey Inglis, Assistant City Manager) 4. Approval of a Construction Services Agreement between the City of Milton and TriScapes, Inc. for the Repair and Maintenance of the Existing Stormwater Quality Facilities in Bell Memorial Park. (Agenda Item No. 12-335) (Carter Lucas, Public Works Director) 5. Approval of Change Order #1 to the Professional Services Agreement with Optech RWM, LLC for Public Works Support Services. (Agenda Item No. 12-336) (Jim Cregge, Interim Parks & Recreation Director) 6. Approval of a Professional Services Agreement with Robert Buscemi, AIA, for the Purpose of Providing Professional Design Services for Selected Development Plans. (Agenda Item No. 12-337) (Kathleen Field, Community Development Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing City of Milton 2012 Firefighter of the Year – Battalion Chief Roth Hutcheson. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION(None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 17, 2012 Page 3 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 1. Consideration of an Ordinance to Amend Chapter 42, Article II, Section 42-35(a) of the City of Milton Ordinances to Create the Requirement for Pawnbrokers to Assign a Sequential Transaction Number to Document Each Transaction. (Agenda Item No. 12-325) (First Presentation at December 3, 2012 Regular Council Meeting) (Deborah Harrell, Chief of Police) 2. Consideration of an Ordinance to Amend Chapter 42, Article III, Section 42-71(b)(1) of the City of Milton Ordinances to Create the Requirement for Precious Metals Dealers to Assign a Sequential Transaction Number to Document Each Transaction. (Agenda Item No. 12-326) (First Presentation at December 3, 2012 Regular Council Meeting) (Deborah Harrell, Chief of Police) 11) NEW BUSINESS 1. Consideration of a Resolution to Adopt the Crabapple Livable Center Initiative (LCI) Study as an Amendment to the City’s 2030 Comprehensive Plan. (Agenda Item No. 12-338) (First Presentation at December 3, 2012 Regular Council Meeting) (Discussed at December 10, 2012 Work Session) (Michele McIntosh-Ross, Principal Planner) 2. Consideration of a Resolution to Adopt the 2013 Rezoning and Use Permit, Planning Commission, Zoning Modification, Board of Zoning Appeals, Historic Preservation Commission and the City of Milton Design Review Board Schedules. (Agenda Item No. 12-339) (Kathleen Field, Community Development Director) 3. Approval of a Professional Services Agreement between the City of Milton and EMS Ventures, Inc. d/b/a Rural/Metro Ambulance to Provide Emergency Medical Services for the City of Milton. (Agenda Item No. 12-340) (Robert Edgar, Fire Chief) 4. Consideration of a Resolution Electing Absent Municipality Status Regarding All Future Lost Proceedings Related to and Triggered by the 2010 Census. (Agenda Item No. 12-328) (Deferred at December 17, 2012 Regular Council Meeting) (Chris Lagerbloom, City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 17, 2012 Page 4 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5. Consideration of a First Amendment to the Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service by Fulton County to Certain Property Located within the City of Milton. (Agenda Item No. 12-341) (Chris Lagerbloom, City Manager) 6. Consideration of an Intergovernmental Agreement (“IGA”) for the Development and Implementation of a Unified Radio System (“System”) by and among the Cities of Alpharetta, Johns Creek, Milton, Roswell and Sandy Springs, Georgia (“Participating Cities”). (Agenda Item No. 12-342) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 12-343) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis Date: Submitted on December 5, 2012 for the December 17, 2012 Regular Council Meeting Agenda Item: Approval of Commercial Card Agreement and Addendum for the Enterprise Spend Platform with SunTrust Bank ____________________________________________________________________________ Department Recommendation: Staff recommends approval of this item. Executive Summary: The agreement and corresponding addendum are for the new purchasing card (p-card) services that will be provided by SunTrust. The agreement itself is for the p-cards and the addendum allows us to utilize their online platform to manage the p-cards. One of the most beneficial features for using the p-card service with SunTrust is the ability to process payments for vendors that would have otherwise been paid with a check. This will allow us to qualify for rebates at the end of the calendar year and helps build our relationships with the vendors since they wouldn’t have to wait for their payments to come in the mail. The efficiencies gained by using the online platform will also allow us to have more control in managing the risks associated with paying vendors. Funding and Fiscal Impact: SunTrust has waived most of the fees associated with the p-card services. If we do incur any setup fees, funding was appropriated in the FY 13 budget for banking services. Alternatives: The alternative is to keep the relationship we have with our current bank or to put it out to bid for other banks to provide a quote. Neither of these alternatives are attractive nor will they provide any additional efficiencies that we could gain from. Legal Review: Jarrard & Davis, LLP – Paul Higbee 12/5/12 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Commercial Card Agreement and Enterprise Spend Platform Addendum 1 317806 (7/12) Page 1 of 14 SunTrust Corporate Forms Commercial Card Agreement City Governments This Commercial Card Agreement (“Agreement”), effective as of November 1, 2012 (“Effective Date”) between SunTrust Bank (“Bank”) and City of Milton, GA (“Company”) located at 13000 Deerfield Parkway, Milton, GA 30004. Recitals A. The Company has applied to the Bank for commercial card account services and associated technology solutions (“Program”) to be established in the name of the Company. B. The Bank agrees to provide the Program to the Company under the terms and conditions stated below, including the Schedules, Exhibits and Addendums attached to this Agreement, which are incorporated herein by this reference. Terms and Conditions 1. Definitions. (a) “Activation Date” means the date the first Card is used by the Company for a purchase transaction. (b) “Affiliate” means any corporation or other entity which controls, is controlled by, or is under common control with, the Company. For purposes of this definition, “control” means direct or indirect ownership of more than 50% of the voting interest or economic interest in a corporation or more than 50% of the equity interests in the case of any other entity, or such other relationship whereby a party controls or has the right to control the Board of Directors or equivalent governing body of a corporation or other entity. (c) “Authorized User” means any person other than a Cardholder, whom the Company or any Cardholder authorizes to use the Card. (d) “Card” or “Cards” means any physical card and/or Card Account issued by the Bank to the Company for its Cardholders. (e) “Card Account” means the account number established for each Card under the Company Account for posting Card transactions and other account activities. (f) “Card Credit Limit” means the credit limit of each Card Account in effect from time to time. (g) “Cardholder” or “Cardholders” mean the individual in whose name a Card is issued or who is designated by the Company as being expressly authorized to use a Card. The Company acknowledges that this definition of a Cardholder is for the purpose of this Agreement only and may not apply with respect to other commercial card services or features including the Network Corporate Liability Waiver or Travel Insurance programs. (h) “Cardholder Agreement” means the agreement between the Bank and a Cardholder governing the use of a Card attached to this Agreement as Schedule D, as may be amended by the Bank from time to time. (i) “Cash Advances” means cash obtained from any financial institution, merchant, or automated teller machine (“ATM”) or money orders, travelers checks or similar cash-like transactions. (j) “Charges” means all purchases and Cash Advances charged to the Company Account or Card Account. (k) “Company” means the Company described above and, if applicable, any of its Affiliates designated by the Company on the attached Schedule C. The Company will have the right to amend Schedule C to (i) delete one or more of its Affiliates upon written notice to the Bank, and (ii) add designated Affiliates upon the prior approval of the Bank. (l) “Company Account” means the account to be established by the Bank in the name of the Company. The Company Account includes one or more Card Accounts each with a specified account number. (m) “Company Credit Line” means the credit limit established for the Company. 317806 (7/12) Page 2 of 14 SunTrust Corporate Forms (n) “Confidential Information” means all non-public information regarding the parties and Personally Identifiable Information and will include all Trade Secrets and Confidential Business Information of the Bank and any third party information that the Bank or Company is obligated to hold in confidence, including, but not limited to, Trade Secrets and Confidential Business Information of any such third party, including Suppliers. As used herein, “Trade Secrets” mean trade secrets as defined under Florida law, as amended from time to time, and will include without limitation and without regard to form, technical or non-technical data, a formula, a pattern, a compilation, a program, a software program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, non-public forecasts, studies, projections, analyses, all customer data of any kind, or a list of actual or potential customers or Suppliers, business and contractual relationships, or any information similar to the foregoing which: (a) derives economic value, either actual or potential, from not being generally known and not being readily ascertainable by proper means to other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. As used herein, “Confidential Business Information” means any valuable, secret business information, other than Trade Secrets, that is either designated or identified as confidential at the time of the disclosure. In accordance with the foregoing, all software that the Bank provides to Company, whether owned by the Bank or any third party provider, will be considered “Confidential Information” pursuant to this Agreement. “Confidential Information” does not include information that (i) is or becomes generally known to the public not as a result of a disclosure by either party, (ii) is rightfully in the possession of the receiving party prior to disclosure by the disclosing party without the obligation of confidentiality, (iii) is received by the receiving party in good faith and without restriction from a third party, not under a confidentiality obligation to the disclosing party and having the right to make such disclosure, (iv) is independently developed by the receiving party without use of or access to the disclosing party’s Confidential Information, or (v) is disclosed with the prior written approval of the disclosing party. (o) “Control Account(s)” means commercial card billing accounts that are billed directly to the Company. Multiple Control Accounts may be associated with the Company Account. Each Control Account may have multiple Card Accounts that are associated with each Control Account. Card transactions that post to Card Accounts that are associated with a Control Account are memo posted to the Card Account and billed to the applicable Control Account. In order for a card transaction to be authorized, there must be sufficient credit available on the Card Account as well as the Control Account. (p) “Fees” mean the fees described on the attached Schedule B. (q) “Network” means MasterCard Incorporated or Visa Inc, as identified on Schedule A. The Network is the payment system through which the Program is processed in accordance with the rules and standards surrounding its use. (r) “Personally Identifiable Information” means the Company’s information obtained by the Bank by virtue of the Bank’s provision of the services requested by the Company under this Agreement including Cardholder names, addresses, telephone numbers, email addresses, Card information, Card numbers, Credit Limits, account information and other personally identifying information. (s) “Program Administrator” means the person(s) the Company designates on Schedule A, in connection with the day-to-day operation and administration of the Program as described in Section 4(b). (t) “Supplier” means the provider from whom the Company, Cardholder or Authorized User procures products and services utilizing a Card as the payment vehicle. (u) “Unauthorized Use” means the use of a Card by a person other than a Cardholder or Authorized User who does not have actual, implied, or apparent authority for such use, and from which the Company, Cardholder and/or an Authorized User received no benefit, directly or indirectly. 2. Services. (a) Establishment of Company Account and Initial Company Credit Line. The Bank will establish a Company Account for the Company under the Program with the initial Company Credit Line and otherwise in the manner described in this Agreement, the Schedules, Exhibits and Addendums. The Bank will have sole discretion over the management, operation, content and features of the Program and, subject to the terms of this Agreement, may from time to time modify any aspect of the Program. (b) Lending to Company Credit Line/Credit Card Limits and Modification of Limits. The Bank will lend money to the Company (and Cardholders) up to the Company Credit Line and Card Credit Limits by way of Charges to the Card Accounts in accordance with this Agreement. The Charges and Fees owed by Company may not exceed the Company Credit Line at any time. Notwithstanding Section 16 of this Agreement, the Bank reserves the right, in its sole discretion, to modify the Company Credit Line and/or the Card Credit Limits at any time, without prior notice. 3. Charges and Fees. (a) Use of Cards. The Company and its Cardholders and Authorized Users may use the Cards to (i) charge the purchase of goods or services; and (ii) receive Cash Advances as indicated on Schedule A. Any such use of a Card, whether or not the Card was presented (such as Internet, mail or telephone order purchases) or the Cardholder’s signature was obtained, or by use of a PIN, results in a Charge to the Card Account. For each Cash Advance, the Bank adds an additional Fee to the Cash Advance balance as described in Schedule B. The amount of the Cash Advance also may include a surcharge imposed by the merchant. 317806 (7/12) Page 3 of 14 SunTrust Corporate Forms (b) Foreign Exchange. The Bank and applicable Network convert any Charge made in a foreign currency into U.S. dollars using the conversion rate in effect on the day the transaction is posted to the Company Account or any Card Account (currently either a wholesale market rate or a government-mandated rate) and adds the Network conversion charge and the Bank’s current conversion charge, not to exceed 2% of the Charge amount (the “Foreign Exchange Fee”). The currency conversion rate and Foreign Exchange Fee may not be the same as existed on the day the Cardholder or Authorized User made the transaction. The Bank and applicable Network will use this procedure if a credit is subsequently given for the transaction. The currency conversion rate on the date of the original transaction may differ from the rate in effect on the date the credit was issued. The Bank will deduct the Foreign Exchange Fee from this credit amount. As a result, the amount of the credit may be different from the amount that was originally charged for the transaction. The amount of the transaction after conversion (including Foreign Exchange Fee) is shown on the statement as either a purchase or cash advance. (c) Late Payment Fees. If the amount due in the periodic statement is not paid in full on or before the stated payment due date, the unpaid portion of the outstanding balance will be shown in subsequent periodic statements as a “past due amount.” If the past due amount is greater than twenty-five dollars ($25.00), the Bank may assess a fixed dollar amount or percentage of the past due amount as described in the attached Schedule B (“Late Payment Fee”) to the Company Account or Card Account in the periodic statement. If the past due amount is not paid, the Bank may assess the Late Payment Fee in each subsequent periodic statement until full payment is made. 4. Company Responsibilities. (a) Use of Program and Cards for Business Purposes only in Accordance with Agreement. By signing this Agreement, the Company is bound by all of the terms and conditions and any subsequent amendments. The Company agrees (and agrees to notify its Cardholders) that the Card may be used for business purposes only and will not be used for personal, family or household purposes, or for any transaction illegal under state or federal law (such as casino gambling on the Internet). Additionally, the Cards and Accounts may not be used to transmit a bet or wager by any means which involves the use, in whole or in part, of the Internet. The Company hereby represents and warrants that any and all transactions involving use of the Cards or Accounts will not violate these prohibitions. The Company will be solely responsible for establishing and monitoring internal procedures or guidelines for its Cardholders’ use of the Cards. The Bank will have no obligation to inquire or verify whether any use of a Card or any Charge to the Card Account complies with such procedures or guidelines, except as may be required by applicable law. (b) Appointment and Duties of Program Administrators. The Company authorizes the Program Administrator(s) (designated on Schedule A) to complete, on behalf of the Company, documentation in connection with the day-to-day operation and administration of the Program (each a “Request”). The Bank may deal with any person who identifies himself/herself as a Program Administrator in all matters relating to the operation and administration of the Program and is entitled to rely on any Request or notice signed by any Program Administrator and on any instructions, authorization or information received from such person. The Bank is not responsible for any Program Administrator that exceeds the limits of their authority. The Company may change the person(s) designated as a Program Administrator by written notice to the Bank and any such change will be effective upon receipt by the Bank of such notice, after the Bank has a reasonable opportunity to act. (c) Encrypted Email. The Company recognizes that unencrypted email is inherently insecure and that all data communications and transfers occur openly and can be monitored, intercepted, rerouted, copied and read by others. If the Company chooses to communicate with the Bank using unencrypted email, the Company assumes the entire risk for its unencrypted electronic communications. (d) Cardholder Identification Information. The Company will provide to the Bank the identification information regarding each Cardholder as described on Schedule A and update this information as requested by the Bank from time to time during the term of this Agreement. The Company is responsible for notifying each Cardholder that such identification information is being provided to the Bank for the purpose of establishing a Card Account. 5. Card Issuance to Cardholders. The Company will send a Request for Cards to be issued to Cardholders with the name and Card Credit Limit (subject to the Bank’s approval) for each designated Cardholder. Upon receipt of a Request, the Bank will issue and send to each Cardholder a Card together with a copy of the Bank’s then current Cardholder Agreement. The Bank may issue renewal, replacement or temporary replacement cards for any Card from time to time. 6. Company and Cardholder Liability/ Payment Procedure. (a) Company Liability for All Charges and Fees. The Company will be liable for all Charges and Fees even if the aggregate of all outstanding Charges and Fees exceeds the Company Credit Line or the Cardholder exceed his or her authority. The Bank will send the Company and each Cardholder periodic statements in a manner agreed upon by the parties detailing the Charges and Fees which are due upon receipt and must be paid in full by the Company on or before the payment due date stated in the periodic statement. (b) Payments. All payments will be made in U.S. dollars which are drawn on a U.S. financial institution. Payments will be made by mail at the address shown on the periodic statements or by other electronic means agreed upon by the parties. Payments will be deemed paid upon receipt and will be credited as of the date of such receipt. If the Bank receives a payment in an amount less than the outstanding balance shown on the periodic statement, the Bank may apply such partial payments to the balance as the Bank elects. 317806 (7/12) Page 4 of 14 SunTrust Corporate Forms 7. Liability for Unauthorized Use. The Company agrees to promptly notify the Bank of any lost or stolen Card, Unauthorized Use of a Card, and/or termination of the employment of any Cardholder (call toll free at 1-800-836-8562). The Company is liable for all extensions of credit obtained through the use of the Company Account by (a) a Cardholder and (b) any Authorized User whether or not (i) the Bank is notified about such Authorized User’s use and/or (ii) the Authorized User exceeds the limit the Company or Cardholder authorized or intended. So long as the Company follows the Disputes and Chargebacks procedures set forth in Section 15, the Company will not be liable for any Unauthorized Use of any Card unless the Unauthorized Use occurs as a result of the Company’s lack of reasonable security precautions and controls regarding the Cards or the Unauthorized Use results in a benefit, directly or indirectly, to the Company. Written notification can be sent to SunTrust Bank at, P.O. Box 598202, Orlando, Florida 32859-8202. 8. Network Corporate Waiver Protection Program. The Company may be eligible for reimbursement under the applicable Network Corporate Waiver Protection Program (“Network Waiver Program”). The type and amount of Charges which qualify for reimbursement will be determined by the applicable Network and the Network may change the terms of the Network Waiver Program at any time. The Bank will provide a copy of the terms and conditions associated with such Network Waiver Program upon request. 9. Termination. (a) Term of Agreement. Unless terminated earlier as provided in this Agreement, the initial term of this Agreement shall be for five (5) years from the date of execution by both parties. After the initial tem, this Agreement shall automatically renew for three (3) consecutive one (1) year periods under the terms and conditions contained herein (as may be amended from time to time); provided, however, either party may terminate this Agreement during the initial term or any renewal term at any time upon at least sixty (60) days prior written notice to the other party. (b) Termination of Agreement by Either Party. Either party may terminate this Agreement effective immediately if the other party: (i) fails to make any payment required under this Agreement when due and such failure continues for thirty (30) days thereafter, (ii) fails to pay any other obligation to the other party or its Affiliates when due and such failure continues for thirty (30) days thereafter, (iii) fails to perform any material term or condition of this Agreement and such failure is not cured within thirty (30) days following receipt of written notice thereof, (iv) breaches any representation or warranty under this Agreement and such breach is not cured within thirty (30) days following receipt of written notice thereof, (v) experiences an insolvency or the filing of bankruptcy proceedings against it, or (vi) experiences a liquidation or dissolution. (c) Termination of Agreement by Bank. The Bank may terminate this Agreement effective immediately if: (i) the Company supplies any credit information that is false, (ii) the Company is sold, merged, dissolved, or otherwise ceases to do business, (iii) garnishment or attachment proceedings are initiated against the Company or its property, (iv) the Bank, using its reasonable and customary credit underwriting criteria, determines that Company’s financial position has deteriorated to the extent that Company has become an unacceptable credit risk: or (v) any other term or condition of this Agreement permits termination by the Bank. (d) Obligations upon Termination of Agreement. Upon termination of this Agreement: (i) all outstanding Cards will be cancelled and all rights or benefits of the Company or any Cardholder with respect to the Cards will be revoked or withdrawn; (ii) the Company will immediately be liable for the aggregate of all Charges and Fees whether or not then posted to the Company Account or any Card Account, including without limitation Charges not yet incurred, accrued Fees and interest accrued or to accrue, and all such sums will immediately be due and payable by the Company; (iii) the Bank has the right to set-off any of the Company’s accounts with the Bank or any of the Bank’s Affiliates in order to pay sums due under this Agreement; and (iv) the Company will pay any and all costs, expenses, and reasonable attorneys’ fees (including allocated costs for in-house counsel expenses) for the collection of sums due and owing under this Agreement. 10. Cards and Cancellation of Cards. (a) Ownership of Cards. All Cards remain at all times the property of the Bank, cannot be transferred and will be destroyed or surrendered to the Bank upon demand. Notwithstanding any other provision in this Agreement, the Bank may cancel or suspend the right to use any Card for any reason without notice. 317806 (7/12) Page 5 of 14 SunTrust Corporate Forms (b) Notification to Terminate Cardholder/Authorized User Usage Rights. In the event a Cardholder’s or Authorized User’s employment or other relationship with the Company is terminated, the Company will immediately notify the Bank and Request cancellation of such Cardholder’s or Authorized User’s Card. Until the Company’s cancellation notice is received by the Bank and the Bank has the reasonable opportunity to act, the Company will be liable for all Charges (including non-Business Charges) and Fees to the Card Account made after such Cardholder’s or Authorized User’s termination. (c) Company Cancelation of Cards and Continued Liability for Charges and Fees. The Company may direct the Bank to cancel any Card at any time for any reason by providing a written Request to the Bank. The Company will be liable for all Charges and Fees to the Card Account made prior to the time the Bank receives the Request and has a reasonable opportunity to act. (d) Liability for Pre-authorized Payments. The Company will be liable for any pre-authorized payments charged to a Card Account, even after the Card is cancelled, unless the Company provided a written cancellation request to the merchant prior to the Charge. If requested, the Company will provide the Bank with a copy of the written cancellation request to the merchant. 11. Issuance of PINs/Liability. (a) Cardholders PINs for ATM Usage. At the Company’s Request and as indicated on Schedule A, the Bank may issue a Cardholder a personal identification number (“PIN”) enabling the Cardholder to use the Card at accessible ATMs to obtain Cash Advances. The Company will instruct each Cardholder not to disclose the Cardholder’s PIN to any other person. Transaction records issued by an ATM are solely for the Company’s convenience and in the event of any dispute as to the accuracy of such records, the Bank’s internal records will be conclusive. (b) Liability for All Charges through use of PIN. In the event a Cardholder’s PIN is disclosed to any unauthorized person, whether by a Cardholder’s failure to maintain confidentiality of the PIN, failure to keep the PIN and the Card separate, or otherwise, the Company will be liable for all Charges through use of the PIN whether or not incurred by the Cardholder. 12. Representations and Warranties. The Company represents and warrants that: (a) it has the requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement, (b) it is duly licensed, authorized or qualified to do business and is in good standing in every jurisdiction in which such authority is required to fulfill its obligations hereunder, and (c) its execution of this Agreement will not violate any other agreement between such party and any third party. The Company’s failure to fulfill the above representations and warranties will be deemed a material default and the Bank will, upon notice to the Company, have the right to terminate this Agreement immediately. In such event, the Company must pay all sums owed hereunder will be immediately. 13. Limitation of Liability/Indemnification re the Program. (a) Limitation of Bank Liability. The Bank is not liable for any claim made or loss or damages suffered by the Company arising directly or indirectly from the Company’s use of the Program except for damages which the Company suffers as a result of the Bank’s gross negligence or willful misconduct related to the terms of this Agreement. The Company agrees to the maximum extent provided by law that the Bank will never be liable for any special, punitive, exemplary, indirect or consequential damages, including but not limited to, lost profits and lost revenues, without regard to the form of the Company’s claim or action or whether the Company’s claim is in contract, tort or otherwise, and even if the Bank knew such losses or damages were possible or likely. Notwithstanding anything to the contrary in this Agreement, in no event shall the Bank be liable to Company for losses or damages of any kind whatsoever incurred during the term, including by way of breach or indemnity, in an amount greater than the amount of Fees paid to Bank by Customer for the three (3) month period prior to the date upon which such liability arises. (b) No Guaranty of Uninterrupted/Error-Free Program. The Bank always attempts to ensure that its Program will be operational, and to respect any available Card Credit Limit or any other available limit requested by the Company. However, the Bank cannot warrant that the Program will be uninterrupted or error-free or that such limits will always be respected in each case, due to limitations of the Bank’s authorization systems, systems management and ordinary stand-in processes, and of the applicable Network commercial card system including merchant set-up features. The Company therefore waives any and all claims that it may have against the Bank arising out of the use and performance of the Program, except for claims for damages referred to in Section 13(a). (c) Disclaimer of Bank Liability for Defective/Poor-Quality Merchandise or Services Acquired via Card. The Bank is not responsible for any defects in or poor quality of the merchandise or services obtained by means of any Card. Any claim or dispute between the Company and a merchant or Supplier, including with respect to the merchant’s or Supplier’s right to compensation, will be the object of a direct settlement among the Company and the merchant or Supplier and any such dispute will not affect the Company’s obligation to pay all Charges in full to the Bank in accordance with the terms of this Agreement. (d) Disclaimer of Bank Liability for Third-Party Actions/Omissions. The Company also acknowledges that some aspects of the Program, benefits or enhancements may be supplied by third-party providers of the Bank, and the Bank is not responsible or liable for anything in connection with those third-party Program aspects, benefits or enhancements. (e) Company Indemnification. The Company will indemnify, defend, protect the Bank and hold the Bank harmless from and against any and all damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, actions, demands, lawsuits, costs, and expenses, including without limitation, reasonable attorneys' fees and expenses, (collectively “Claims”) imposed in any manner upon or accruing against the Bank that arise out of or relate to any and all: 317806 (7/12) Page 6 of 14 SunTrust Corporate Forms (i) Company’s or any Cardholder’s/Authorized User’s/Program Administrator’s breach of this Agreement, including, but not limited to confidentiality and information security breaches and breaches of representations and warranties; (ii) Company’s or any Cardholder’s/Authorized User’s/Program Administrator’s negligence, willful misconduct or fraud; (iii) payments, compensation, damages, or other amounts, however characterized or determined, to a third party (including, without limitation, SunTrust’s providers whose products or services are utilized for Program delivery, suppliers from whom Company, Cardholders or Authorized Users purchase products/services pursuant to the Program, or governmental and other regulatory authorities), which the Bank has reimbursed or may be obligated to pay as a result of any of the foregoing matters described in subsections (i) and (ii) above; (iv) disputes between (i) the Company and any Cardholder/Authorized User (including Claims arising out of the Bank’s use of Cardholder personal information for obtaining credit information); (ii) the Company and any Affiliate (including Claims arising out of actions taken by the Company on an Affiliate’s behalf under this Agreement) unless such Claim is solely the result of Bank’s gross negligence or willful misconduct; and (iii) the Company (including its employees, agents and representatives) and any Supplier. (v) Actions or inactions that the Bank takes or omits based upon the direction or instructions of the Company, any Cardholder, any Program Administrator or any Authorized User. 14. Unassigned Cards. Upon the Company’s Request, the Bank, in its sole discretion, may issue one or more “Unassigned Cards.” “Unassigned Cards” are Cards issued in the name of the Company only without designating a specific Cardholder as authorized to use the Card. Any person using the Card from time to time will be the “Cardholder” of the Card. The Bank is not liable for any refusal to honor the Unassigned Card by any other bank or any seller or lessor of goods or services based upon the absence of the Cardholder’s name and signature/ID of an individual Cardholder. The Bank will not issue a PIN in connection with an Unassigned Card and no Cardholder may obtain Cash Advances. The Bank will provide Card Account statements for each Unassigned Card to the Company. Notwithstanding anything stated herein to the contrary, the Company understands the increased risk involved in using Unassigned Cards and agrees to assume full liability for all Charges and Fees made with the Unassigned Card, whether or not the Charges were authorized or unauthorized. The Company will indemnify the Bank from and against any and all liability, claims, demands, judgments, or other disputes, together with all costs, charges and expenses imposed in any manner upon or accruing against the Bank or arising out of, or in any way relating to the Bank’s issuance of Unassigned Cards. 15. Disputes and Chargebacks. (a) Periodic Statements. The Bank will send the Company and each Cardholder periodic statements detailing the Charges and Fees to the Card Accounts. If the Company (or Cardholder) does not notify the Bank of a dispute with regard to any Charge or Fee within sixty (60) days after the billing cycle date, the Company agrees that the periodic statement will be deemed conclusively to be correct. (b) Notification of Fraudulent/Unauthorized Use Transactions. In the event a transaction is posted to a Card Account involving a fraud, Unauthorized Use or other situation in which a merchant may be liable for such transaction under the applicable Network operating regulations, the Company or Cardholder will notify the Bank immediately. The Company or Cardholder will provide the Bank a written statement specifically describing the circumstances of such transaction. The Bank will attempt to charge the transaction back to the merchant in accordance with the Network operating regulations and any chargeback accepted by the Network will be credited to the Company’s next periodic statement. (c) Bank Decline of Payments Marked “Payment in Full.” The Bank will not accept checks, money orders, or any other items for payment marked “payment in full” (or other similar language) if such payment is less than the full amount due except by a written agreement signed by an authorized officer of the Bank. All communications regarding disputed charges, including checks, money orders, or any other items sent as “payment in full” of a disputed amount must be sent to the SunTrust Bank, P.O. Box 4910, Orlando, Florida 32802-4910. 16. Amendment. Except as otherwise provided by the terms, provisions and conditions of this Agreement and/or any Schedules, Exhibits or Addendums thereto, the terms and conditions of this Agreement and the Company’s right to use the Card may be altered or amended by the Bank at any time at the Bank’s sole discretion by written notice to the Company not less than thirty (30) days prior to the effective date of the amendment. Use of the Card after the effective date of the amendment constitutes acceptance of the alteration or amendment. Any such amendment is effective upon the date stated in the notice. Any other modification, amendment, or waiver of this Agreement by Company, whether in whole or in part must be in writing, signed by both parties. 17. Assignment/Telephone Monitoring/Credit Information. (a) Assignments. The Bank may assign all rights under this Agreement to another bank, company, or an Affiliate of the Bank without prior notice. The Company may not assign or transfer this Agreement or any Card without the Bank’s prior written consent. The merger or consolidation of the Company will be deemed to be an assignment of this Agreement. If transferred or assigned without the Bank’s prior written consent, this Agreement will be deemed terminated. (b) Telephone Call Monitoring. The Bank has the right to monitor telephone calls relating to its performance under this Agreement. Such monitoring will be conducted by the Bank’s employees or agents and all information will remain confidential. (c) Credit Inquiries. The Bank is authorized to make whatever credit inquiries regarding the Company it deems appropriate and to share information regarding the Company Account with the Bank’s Affiliates. 317806 (7/12) Page 7 of 14 SunTrust Corporate Forms 18. Periodic Review/Financial Information. The Company understands and acknowledges that the Bank has provided the Program to the Company on the basis of the Company’s financial condition at the time the Company applied for the Company Account. Upon the Bank’s request, the Company agrees to submit to the Bank from time to time updated financial information. If the Company fails to submit financial information when requested by the Bank or if, based upon review of the submitted financial information, the Bank determines that the Company’s financial condition has adversely changed, this Agreement may be immediately terminated by the Bank. 19. Confidentiality/Privacy. (a) Restrictions. The parties understand and agree that they may be provided or otherwise may obtain the Confidential Information of the other party or third parties of such party, such as, for instance, Suppliers of the Company or third-party providers of the Bank. The parties agree, unless otherwise stated herein, that (i) they will keep all Confidential Information in strict confidence, using such degree of care as appropriate to avoid unauthorized use or disclosure; (ii) they will not, directly or indirectly, disclose any Confidential Information to any third party other than permitted parties (such as third-party providers of the Bank), except with the other party’s prior written consent; and (iii) upon the termination of this Agreement or at any time either party may request, the receiving party will deliver to the disclosing party, or, at the disclosing party’s option, will destroy all Confidential Information that the receiving party possesses or has under its control; provided, however, the Bank has the right to retain a reasonable number of copies of Confidential Information as may be required by applicable law. (b) Permitted Disclosures and Use of Confidential Information. Notwithstanding anything stated herein to the contrary, the parties are permitted to use and/or disclose the Confidential Information as follows: (i) The parties may disclose to their personnel, state and federal regulators, and agents (such as third-party providers of the Bank) having a need to know such Confidential Information in connection with the implementation and operation of the Program in accordance with this Agreement. The parties will instruct all their respective personnel and agents as to their obligations to be bound by the terms and conditions of this Agreement prior to their being given access to the Confidential Information. (ii) The parties may disclose the Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental or law enforcement body having jurisdiction over the receiving party (provided, however, if permitted by applicable law, each party will notify the other party in writing in advance of such disclosure so that the other party may take appropriate action to protect the Confidential Information) or on a confidential basis to the receiving party’s legal, financial, or security advisors. (iii) The Bank (and its third party providers/agents) may use and disclose Personally Identifiable Information as follows, provided that at all times the Bank complies with all applicable laws and regulations: (aa) to process Card transactions and receive, store and transmit associated data, including Confidential Information, and to otherwise maintain and support the Company’s and Affiliates’ Card Accounts; (bb) to communicate with the Company and Affiliates regarding issues relating to Card transactions; (cc) for internal business planning purposes; and (dd) to obtain services from third parties, provided that any such third party is bound by obligations prohibiting use by or disclosure to any third party of such Personally Identifiable Information other than for purposes of performing services as required hereunder. Notwithstanding the above, the Bank will not use or sell the Personally Identifiable Information for the purpose of soliciting Cardholders for services not related to this Agreement; provided, however, the Bank may solicit any Cardholder whose name is obtained through a source other than the Personally Identifiable Information obtained by the Bank under this Agreement. (iv) The Company grants the Bank the right and license to use the Company’s name, trademarks, service marks, copyrights and logos and other textual information in connection with the Program. (v) The parties agree that any data or information, other than Personally Identifiable Information or a party’s Confidential Information, that relates in any manner to Card usage and that is acquired by the Bank in the course of its provision of its services under this Agreement will belong equally to the parties, and nothing in this Agreement will prohibit either party from disclosing or using such data or information in its aggregate form. (c) Remedies. The parties acknowledge that the disclosure of Confidential Information may cause irreparable injury and damages, which damages may be difficult to ascertain. Therefore, upon a disclosure or threatened disclosure of any Confidential Information, the disclosing party will be entitled to injunctive relief (without being required to post bond), including, but not limited to, a preliminary injunction and the receiving party will not object to the entry of an injunction or other equitable relief against it on the basis of an adequate remedy at law, lack of irreparable harm or any other reason. Without limiting the foregoing, each party will advise the other party immediately in the event that it learns or has reason to believe that any person or entity that has had access to Confidential Information, directly or indirectly, through the parties, has violated or intends to violate the terms of this Agreement. This provision will not in any way limit such other remedies as may be available to the parties at law or equity. 20. Enforcement of Rights and Governing Law. This Agreement is binding upon the assigns and successors of the Company. Except to the extent federal law is applicable, the interpretation, effect, and validity of this Agreement will be governed by the laws of the State of Florida. If any portion of this Agreement is declared invalid or unenforceable for any reason, such portion is deemed severed and the remainder of this Agreement will remain fully valid and enforceable. The Bank can delay enforcing its rights under this Agreement without waiving those rights. A waiver of rights in one instance will not be a waiver in other instances. 21. Survival. Sections 3 - 7; 9; 12 - 21; and 23, and all other provisions of this Agreement which may reasonably be interpreted or construed as surviving the termination thereof, will survive the termination of this Agreement. 317806 (7/12) Page 8 of 14 SunTrust Corporate Forms 22. Miscellaneous. The non-performance of a party will be excused for the period of any delay caused by any force majeure event, including act of God, war, terrorism, or any other cause beyond the party’s reasonable control. If any provision of this Agreement is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. Each party to this Agreement is responsible for compliance with the Agreement by its Affiliates and their respective employees and authorized agents. 23. Jury Trial Waiver. THE PARTIES SPECIFICALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY COURT WITH RESPECT TO ANY CONTRACTUAL, TORTIOUS, OR STATUTORY CLAIM, COUNTERCLAIM, OR CROSS-CLAIM AGAINST THE OTHER ARISING OUT OF OR CONNECTED IN ANY WAY TO THIS AGREEMENT, BECAUSE THE PARTIES HERETO, BOTH OF WHOM ARE REPRESENTED BY COUNSEL, BELIEVE THAT THE COMPLEX COMMERCIAL AND PROFESSIONAL ASPECTS OF THEIR DEALINGS WITH ONE ANOTHER MAKE A JURY DETERMINATION NEITHER DESIRABLE NOR APPROPRIATE. 24. Counterpart. This Agreement may be executed in any number of counterparts, each of which will be deemed an original and all of which together will constitute one and the same instrument. 25. Facsimile and Email Delivery. A duplicate or copy of this signed Agreement delivered by facsimile or email attachment will be as effective and enforceable as an original manually signed Agreement. A digital, electronic or photo static image of this signed Agreement maintained in the Bank’s record retention system will be as effective and enforceable as an original manually signed Agreement. 26. Entire Agreement. This Agreement and the incorporated Schedules, Addendums and Exhibits constitute the entire Agreement between the parties. There are no understandings or agreements related hereto other than those which are expressed herein, and all prior negotiations, agreements, and understandings, whether oral or written, are superseded by this Agreement. 27. Bank Secrecy Act Requirements. In order to comply with the reporting requirements of the Bank Secrecy Act and the USA PATRIOT Act, the Bank is required to obtain, verify and record the following information from the Company and its Affiliates prior to establishing a new account: legal entity name, street address, taxpayer identification number and other information that allows the Bank to identify the Company and its Affiliates. 28. Notices. Notices permitted or required under this Agreement related to the following matters, must be in writing and delivered by personal delivery, by certified mail or by overnight carrier mail, return receipt requested: (a) notices of default; (b) notices intended to amend this Agreement, including changes to Company Program Administrator(s) and Company Affiliates; and (c) notices of termination. All other notices may also be delivered by electronic mail and will be deemed given upon personal electronic reply acknowledging receipt. Written notices can be sent to SunTrust Bank at, Mail Code 1044, 200 S. Orange Ave, Orlando, FL 32801, Attn Commercial Card Services, and to the Company at the addresses provided in Schedule A. The parties have caused this Agreement to be executed by their duly authorized representative as of the date set forth below with Effective Date stated in the opening paragraph of this Agreement. Company City of Milton, GA SunTrust Bank By: By: Name: Name: Title: Title: Date: Date: ATTEST: Print Name: 317806 (7/12) Page 9 of 14 SunTrust Corporate Forms Commercial Card Agreement—Schedule A Company (Parent) Company Affiliate (If applicable) City of Milton, GA Attention Stacey Inglis Street Address City State Zip Code 13000 Deerfield Parkway Suite 107G Milton GA 30004 I. Network. MasterCard Visa II. Commercial Card Program. Purchasing Card Corporate Card Executive Corporate Card Central Travel Account III. Cash Advances Shall be permitted Shall not be permitted IV. Fees. Unless otherwise specified on Schedule B, company fees shall be invoiced via: Card Statement Account Analysis: Company payments processed via Company Deposit Account @ SunTrust – DDA “Account Analysis” means the Bank’s billing system used to manage billing for certain Bank products/services. If the Company elects to use Account Analysis for billing and payment of fees due the Bank pursuant to this Agreement, the Company, by listing its Deposit Account number in this Schedule A authorizes the Bank to direct debit such fees to the Company Deposit Account. V. Cardholder Information Requirement. The Company shall provide the following Cardholder information: Name, business address, billing address, telephone number, and the last four digits of the cardholder’s social security number VI. Card Delivery. The Card(s) shall be delivered to: The Company at: Attention Rick Pearce Street Address City State Zip Code 13000 Deerfield Parkway Suite 107G Milton GA 30004 The Individual Cardholder VII. Program Administrators. The Company designates the following individual(s) as an authorized Program Administrator(s) to submit Requests to Bank: Name Signature Title Stacey Inglis Assistant City Manager Email Address Telephone stacey.inglis@cityofmiltonga.us 678-242-2508 Street Address City State Zip Code 13000 Deerfield Pkwy, Suite 107G Milton GA 30004 317806 (7/12) Page 10 of 14 SunTrust Corporate Forms Name Signature Title Rick Pearce Budget & Procurement Manager Email Address Telephone rick.pearce@cityofmiltonga.us 678-242-2511 Street Address City State Zip Code 13000 Deerfield Pkwy, Suite 107G Milton GA 30004 Name Signature Title Chris Lagerbloom City Manager Email Address Telephone chris.lagerbloom@cityofmiltonga.us 678-242-2500 Street Address City State Zip Code 13000 Deerfield Pkwy, Suite 107G Milton GA 30004 Name Signature Title Email Address Telephone Street Address City State Zip Code The Company and each Affiliate may change its designated Program Administrator(s) by delivering a new, signed Schedule A to the Bank. Each subsequent Schedule A Program Administrator designation will supersede any and all prior Schedule A designations previously submitted by the Company or Affiliate. VIII. Company Credit Line. $5,000,000 IX. Account Controls. (A) Card Accounts (not applicable for Card Accounts managed under the Enterprise Spend Platform program): Specific controls regarding Card Accounts are established during the implementation process and may be amended from time to time by the Company or the Bank. Card Account controls may be amended from time to time by the Bank and may be amended by the Company only upon prior written approval of the Bank. (B) Emergency Replacement Cards: In the event any Card is lost, stolen, or damaged and a replacement Card is required during weekends, holidays, or Bank closing hours, the Cardholder may call the Network to obtain a temporary Emergency Replacement Card. The Company understands and acknowledges that Network Emergency Replacement Cards are not controlled by the Company’s account controls set forth on the Implementation Form but, rather, are controlled in accordance with the standard Network operating procedures in effect at the time of replacement. The Network Emergency Replacement Cards are valid for a limited period of time and the Cardholder must immediately contact the Bank for a permanent Card which shall be issued with the Company’s account controls. Company: City of Milton, GA By: Name: Joe Lockwood Title: Mayor Date: 12/17/12 317806 (7/12) Page 11 of 14 SunTrust Corporate Forms Commercial Card Agreement—Schedule B Company: Date: 11-1-12 Fee Schedules Card Fees Item Cost Card Logo Design (one color, standard) Waived Annual Card Fee Waived Annual Executive Card Fee (Corporate Card Only) $100 per card Annual Rewards Fee (Corporate Card Only) $75, per enrolled card Cash Advance Fee 3% ($3 minimum/$30 maximum) Late Fee Central Bill 1% WAIVED Late Fee Individual Bill (Corporate Card Only) $15 Foreign Transaction Fee Pass through from card network (currently 1%) Non-Sufficient Fund Fee $29 each Copy of Sales Slips & Statements $3 each Card Replacement Fee None “Rush” Delivery Fee for Card Replacement $25 Enterprise Spend Platform Technology Fees Item Cost ESP Statement Manager Set-up Fee $0.00 Per Statement Fee $0.00 3rd Party Data Import Set-up Fee (non-SunTrust) $1,000 per 3rd Party 3rd Party Statement Fee $2.00 per active statement (monthly) ESP Transaction Manager Single-level Approval Set-up Fee $1,000 * WAIVED Multi-level Approval Set-up Fee $5,000 * WAIVED ESP Expense Manager Set-up Fee $5,000 Per Expense Report Option Per Expense Report Per Expense Report without SunTrust Card spend (>10% of Reports) $2.00 $3.00 ** ESP Payables Manager Set-up Fee $5,000 WAIVED ESP Requisition Manager Set-up Fee $0.00 Per Requisition with SunTrust Cards spend $0 Per Requisition without SunTrust Cards spend (>10% of Requisitions) $0.15 per Requisition *** Miscellaneous Custom ETI Development Fee Up to $1,000 per custom ETI Imaging Set-Up Fee $1,000 Per Image Fee $0.20 per image ($100 minimum monthly fee) Custom Data Extract File Set-up Fee $1,500 per custom extract Auto Generation of Data Extract File Set-up Fee $1,500 Auto Delivery of Data Extract File Set-up Fee $1,500 Professional Services $100 per hour * (One-time fee for initial set-up of approval workflow, general ledger configuration, and training.) ** (Applies when greater than 10% of the Expense Reports or greater than 10% of the Active Users submit Expense Reports without linked SunTrust Card Spend. Fee will be assessed to each Expense Report or each Active User without linked SunTrust Card Spend.) *** (Applies when greater than 10% of the Requisitions generated are not linked to SunTrust Card Transactions. Fee will be assessed to each Requisition without linked SunTrust Card Spend.) 317806 (7/12) Page 12 of 14 SunTrust Corporate Forms Net-Spend Rebate Program In accordance with the table, below, at the end of each rebate period, the Company shall receive a revenue share of its Net Spend* based upon the following calculation. The Annual Spend* amount shall determine the Rebate Rate. The Net Spend shall be the Annual Spend less “Cash Transactions” (“Cash Transactions” mean transactions from financial institutions such as cash advances, convenience checks, travelers’ checks, gift cards, etc.) and “Large Ticket Transactions” (“Large Ticket Transactions” mean transactions that are processed at the Network’s large transaction interchange rates). At the end of each rebate period, the Net Spend Rebate* shall be the Net Spend for the rebate period, multiplied by the Rebate Rate described below and reduced by charge-offs (which may carry over to subsequent rebate periods). Charge-offs mean all amounts that remain unpaid by the Company or Cardholder for a period of 180 days, including personal charges made by the Cardholder or Authorized User. Rebate periods are yearly (on a 12-month cycle) commencing the month of the Activation Date and shall continue for consecutive yearly periods during the term of the Agreement. Rebate payments shall be paid to the Company by ACH within sixty (60) days after the end of each rebate period. REBATE RATE P-Card P-Card P-Card P-Card P-Card C-Card Monthly Bill Monthly Bill Monthly Bill 2x Monthly Bill Weekly Bill Monthly Bill Annual Spend 7 day pay 18 day pay 25 day pay 10 day pay 5 day pay 25 day pay < $1,000,000 0% 0% 0% 0% 0% 0% $1,000,000 to $25,000,000 1.21% 1.10% 1.03% 1.20% 1.30% 0.85% $25,000,000 to $50,000,000 1.36% 1.25% 1.18% 1.35% 1.45% 0.95% >$50,000,000 1.46% 1.35% 1.28% 1.45% 1.55% 1.05% * Net Spend Rebate = [Net Spend x Rebate Rate] – [Chargeoffs] Net Spend = [Annual Spend] – [Large Ticket Transactions] – [Cash Transactions] Annual Spend = [Purchases] + [Cash Transactions] – [Credits] – [Fees] Rebate Payments The Bank will initiate the rebate to the Company by ACH credit entry to the depository account noted below within sixty (60) days following the established rebate payment time as set forth in this Schedule B. Company also authorizes Bank to initiate ACH debits to the Company’s depository account as necessary to correct errors in Rebate payments. This Authorization will remain in effect until the Company notifies Bank in writing (in accordance with the notice provisions of the Agreement) to revoke this Authorization and the Bank has a reasonable time to implement the revocation. The Bank is authorized to terminate the Authorization at any time by written notice mailed to Company’s last known address. The Bank is authorized to send the Commercial Card Rebate ACH payment to Depository Bank Name SunTrust Bank Transit and Routing Number 061000104 - Account Number 1000137235791 in the name of City of Milton Depository Account (“Company Depository Account”). This Authorization is subject to the terms and conditions of this Agreement, any other account agreements, and applicable State and Federal law and regulations in effect from time to time. Company also agrees to be bound by the NACHA Operating Rules. Visa Large Ticket Rebate Program At the end of each rebate period, the Company shall receive a revenue share of its Visa Large Ticket Transactions based upon the following calculation. The Visa Large Ticket Rebate shall be the sum of the Visa Large Ticket Transactions for the rebate period multiplied by .0035. Rebate periods are yearly (January through December) commencing the month of the Activation Date and shall continue for the term of the Agreement. Rebate payments shall be aggregated with the Net-Spend Rebate Program and paid to the Company by check or ACH within sixty (60) days after the end of the rebate period. 317806 (7/12) Page 13 of 14 SunTrust Corporate Forms Commercial Card Agreement—Schedule C COMPANY’S AFFILIATES 318219 (12/08) Page 1 of 3 SunTrust Corporate Forms Visa Commercial Card Agreement—Schedule D Cardholder Agreement The SunTrust Visa Commercial Card is being issued to you at the request of your Employer. “Card” means the enclosed Visa Card (and all replacements) issued by SunTrust Bank (the “Bank”). “Card Account” means the account established by the Bank in connection with your Card. “Charges” means all purchases and cash advances charged to the Card Account. “Employer” means the Company (or other business sponsor) that authorized the Bank to issue the Card to you as an employee to use for legitimate business purposes. “Fees” means the fees under the Card Account established by your Employer’s program administrator. This cardholder agreement (the “Agreement”) is between the Bank also referred to as “we”, “our”, and “us” and you (also referred to as the Cardholder). You agree to the terms and conditions below. Liability and Use of the Card 1. By accepting, signing or using the Card or the Account you are agreeing to the terms and conditions of this Agreement. 2. You agree that this Card will be used only by you solely for legitimate business purposes as defined by the Employer. You agree not to use the Card for personal, family or household purposes. 3. The Credit Limit for your Card will be established from time to time as requested by the Employer and approved by the Bank. At your Employer’s request, a portion of your Credit Limit may be available for cash advances. You agree not to use your Card in any manner which would cause the aggregate of your Charges and Fees to exceed, at any time, such Credit Limit. The Bank may approve transactions which exceed your Credit Limit, but the Bank is not obligated to do so. The Bank may increase or decrease your Credit Limit or change the portion available for cash advances at any time without prior notice to you. The Bank is not responsible if any merchant, financial institution or other person refuses to honor the Card. 4. You may use the Card to charge purchases to the Card Account and, if permitted by the Employer, to obtain cash advances, either directly from us, through use of an ATM, or through another financial institution honoring the Card; or purchase a money order, travelers check or similar item (each a “cash advance”). Any such use of a Card results in a Charge to the Card Account, whether or not the Card was presented (such as Internet, mail or telephone order purchases), your signature was obtained, or you used a PIN.” 5. We shall record all Charges with respect to your Card, as well as all Fees, service charges, credits and adjustments against the Card Account. 6. You may not return any purchase which you obtained with the Card for a refund, other than by way of a Card Account credit. Upon receipt of a credit issued by a merchant, the Bank shall post the credit to the Card Account. If the Bank does not receive the credit prior to the time the related purchase is included in the Card Account Statement (as defined below), the amount of the related purchase shall be paid by the stated payment due date. 7. We shall not be responsible for any defect in, or the quality of any purchase obtained from a merchant. Any claim or dispute between you and any merchant with respect to any purchase, including any right to set-off or compensation, shall be settled directly between you and the merchant and shall have no effect on your indebtedness to us. We will not be responsible, nor will you seek to hold us responsible, if any merchant refuses to honor the Card, or for any other problems you may have with any merchant. 8. You acknowledge that the Card does not provide you with Visa card benefits or features except for those agreed to by your Employer. Automated Teller Machines (ATM’s) 9. Use of your Card and PIN for transactions on ATM’s will be governed by this Agreement as may be amended from time to time. 10. Transaction records issued through ATM’s are solely for your convenience and, in the event of any dispute as to the accuracy of any such record, our decision based on our internal records shall be conclusive and binding on you. 11. We reserve the right without notice to withdraw and/or cancel your privilege of use of ATM’s. 12. Transactions at ATM’s other than the Bank’s may be subject to separate or additional conditions. 318219 (12/08) Page 2 of 3 SunTrust Corporate Forms Statements; Account Settlement 13. We will send you a periodic statement of account (a “Card Account Statement”) for each month in which Charges have been posted to your Card Account or there is an outstanding balance. You are responsible to pay your Card Account directly to the Bank for all outstanding Charges and Fees by the stated payment due date. Payments that are made by your Employer on your behalf, are for your convenience only. Any amount not paid on or before the payment due date shall be considered past due, and such non-payment shall constitute a default. If you are in default you will be liable for collection costs and for any reasonable attorneys’ fees which are incurred by the Bank, plus the expenses of legal action. Each payment must be made in immediately available funds with a check or draft drawn on a U.S. financial institution. The Bank shall not accept any payments marked with a restrictive endorsement such as “payment in full” (or similar language) if such payment is less than the full amount due except by a written agreement signed by an authorized officer of the Bank. All communications regarding disputed charges sent as “payment in full” of a disputed amount must be sent to the SunTrust Bank, P.O. Box 4910, Orlando, Florida, 32802-4910. 14. Promptly upon receipt, you agree to examine each periodic Card Account Statement. If you do not notify the Bank of an error or omission with regard to any Charge to the Card Account within sixty (60) days after the billing date, you agree that such Card Account Statement shall be deemed conclusively to be correct. 15. The Bank and Visa convert any Charge made in a foreign currency into U.S. dollars using the conversion rate in effect on the day the transaction is posted to the Card Account (currently either a wholesale market rate or a government-mandated rate) and adds a Visa conversion charge and the Bank’s current conversion charge, not to exceed 2% of the Charge amount (the “Foreign Exchange Fee”). The currency conversion rate and Foreign Exchange Fee may not be the same as existed on the day you made the transaction. The Bank and Visa will use this procedure if a credit is subsequently given for the transaction. The currency conversion rate on the date of the original transaction may differ from the rate in effect on the date the credit was issued. The Bank will deduct the Foreign Exchange Fee from this credit amount. As a result, the amount of the credit may be different from the amount that was originally charged to the Card Account for the transaction. The amount of the transaction after conversion (including Foreign Exchange Fee) is shown on the Card Account Statement as either a purchase or cash advance. Lost or Stolen Card; Disclosure of PIN; Liability 16. You agree to promptly notify the Bank of any lost or stolen Card or Unauthorized Use of a Card (call toll free at 1-800-836-8562). There shall be no liability for any Unauthorized Use of any Card unless the Unauthorized Use occurs as a result of the your lack of reasonable security precautions and controls regarding the Cards or the Unauthorized Use results in a benefit, directly or indirectly, to you and/or your Employer. “Unauthorized Use” means the use of a Card by a person other than you or an authorized user who does not have actual, implied, or apparent authority for such use, and from which the Employer, you and/or an authorized user received no benefit, directly or indirectly. Written notification can be sent to SunTrust Bank at, P.O. Box 598202, Orlando, Florida 32859-8202. 17. If your Employer has requested issuance of a personal identification number (“PIN”) to you, you will not disclose the PIN to any person and you will keep your PIN separate from your Card. In the event that the PIN has been stolen, you must notify the Bank immediately (call toll free at 1-800-836-8562). In the event your PIN is disclosed to any unauthorized person, whether by your failure to maintain confidentiality of the PIN, failure to keep the PIN and the Card separate or otherwise, you shall be liable for all transactions through use of the PIN whether or not incurred by you. Cancellation 18. The Card at all times remains our property and we have the right at any time, without notice, to cancel the Card and to revoke or withdraw all your rights or privileges in respect of the Card. The Employer may cancel your Card at any time for any reason. Upon cancellation, you cease to be entitled to use the Card or to be entitled to any benefits or features available with respect to the Card and you shall immediately return the Card to us or surrender it to our agents upon request. Use of the Card or Card Account after notification of its cancellation may be fraudulent and may result in the Bank taking legal action against you. Even after the Card Account is closed, you remain responsible for any Charges according to the terms of this Agreement. 19. We may inform merchants honoring the Card that it has been cancelled or revoked and, if you are asked to surrender an expired or revoked Card by a merchant, you must do so. 318219 (12/08) Page 3 of 3 SunTrust Corporate Forms Credit and Personal Information; Telephone Monitoring 20. Information concerning your use of the Card or Card Account may be furnished by the Bank to the Employer. The Employer has provided us with your personal information for the purpose of establishing your Card Account. Upon request, you agree to promptly give the Bank accurate information about yourself including updated financial and location information. To improve customer service and security, your telephone communications with the Bank may be monitored and recorded. Amendments and Waiver 21. We may amend or modify any of the terms of this Agreement, your Credit Limit and/or any benefits or features available or offered with the Card at any time and the changes can apply to all outstanding indebtedness and to any future Charges on your Card Account. We may replace the Card at any time. We reserve the right to amend or discontinue any benefit or privilege available with respect to the Card. 22. No term or provision of this Agreement will be deemed to have been waived and no breach excused, unless such waiver or consent to breach shall be in writing and signed by the party claimed to have waived or consented. Any express or implied consent to any party to, or waiver of, a breach by the other shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. Miscellaneous 23. If any provision of this Agreement is held to be unenforceable, invalid or void, all other provisions will nevertheless continue in full force and effect. 24. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida and applicable federal law. THE CARDHOLDER IRREVOCABLY SUBMITS TO THE JURISDICTION OF THE COURTS OF THE STATE OF FLORIDA AND THE UNITED STATES OF AMERICA AND VENUE IN ORANGE COUNTY FLORIDA AND AGREES THAT ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT MAY BE COMMENCED IN SUCH COURTS. CARDHOLDER AND THE BANK EACH IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING RELATED TO THIS AGREEMENT. 317763 (08/2011) Page 1 of 3 SunTrust Corporate Forms Commercial Card Agreement Enterprise Spend Platform Addendum Enterprise Spend Platform Terms and Conditions. 1. Request for ESP; Non-Exclusive License; Confidentiality; Sharing of Supplier Information. (A) ESP Description. The Company and/or one or more of its Affiliate(s) (the “Licensee”) desire to use the Bank’s Enterprise Spend Platform (“ESP”), as defined in this section. By signing and dating this section, the Licensee requests that the Bank provide the Licensee to ESP, which allows the Licensee to access ESP through the use of an Internet browser and to manage the Licensee’s Card purchasing processes, administration and any present or future tangential services that Bank may offer to the Licensee from time to time. ESP is an online card management solution with an integrated suite of application modules for managing travel and entertainment, procurement, and payables. The core platform functionality includes card administration, program management, reporting tools, data management, accounting functions, and payables manager. (B) ESP Terms of Use, Utilization of Third-Party Service Providers, and Right to Use. (1) (a) The Licensee’s use of ESP is subject to the terms and conditions set forth in the Agreement, this Addendum, and any other documents described in this Agreement. By signing this Addendum, the Licensee acknowledges receipt of a copy of, and agrees to be bound by, all of those terms and conditions. (b) The Bank agrees to provide ESP to the Company or the Affiliate subject to the terms and conditions contained in the Agreement and this Addendum. Details regarding ESP’s functionality and certain formatting and other technical requirements that are relevant are provided in the ESP Reference Materials (“Materials”), as updated by the Bank from time to time, or as the Bank may separately disclose to the Licensee from time to time via additional documentation. (2) The Bank utilizes one or more third-party service providers, including their licensors and other subcontractors, (“TSPs”) to provide ESP. Company agrees that (a) any reference to the Bank in any provision of the Agreement or this Addendum, which limits the Bank’s liability to Company, protects the Bank’s data, intellectual property or other proprietary rights, or imposes an indemnification obligation on Company will, with respect to ESP, be deemed to include the TSPs and (b) the TSPs are third party beneficiaries of those provisions and may enforce them directly against Company. (C) Limited Use Rights and Restrictions on Use. The Licensee’s rights to ESP are limited to a nonexclusive, revocable license for use solely in connection with ESP for the Licensee’s internal business purposes (not for any third party’s benefit) during the term of the Agreement. The Licensee may not transfer or assign any of its rights with respect to the license, and the license will be automatically revoked if this Addendum and/or the Agreement is terminated. The Licensee may not (i) sublicense, sell, lease, distribute or (except to its employees or agents) provide access to ESP to any third party, (ii) use ESP in a service bureau, time- sharing, outsourcing or similar arrangement, (iii) use ESP in any manner that is not expressly permitted herein, (iv) modify, decompile, reverse engineer, disassemble or create derivative works from ESP or (v) take any actions or engage in any conduct that violates the Bank’s rights (or those of the TSPs) with respect to ESP. All rights not expressly granted hereunder are expressly reserved by the Bank. (D) Use of Confidential Information. Subject to Sections 1 (n) and 19 (Confidentiality) of the Agreement, the parties agree that any Confidential Information other than Personally Identifiable Information related to Card usage through ESP belong equally to each party, and nothing in this Addendum will prohibit either party from disclosing or using such data or information in accordance with the terms of the Agreement and this Addendum. (E) Solicitation of Supplier Consent to Disclose Supplier Confidential Information. The Company acknowledges and agrees that the Company must obtain the consent from any Supplier for the Company and/or the Bank to disclose Supplier Confidential Information to TSPs and other agents, the Bank, or the Company, as applicable. (F) Sharing of Supplier Information. Upon implementation of the Payables Manager module, the Company will provide the Bank, at minimum two times annually, a file that lists the Company’s Suppliers, including Supplier contact information. 2. Security Procedures. (A) End User Passwords. Upon the Licensee’s written request, the Bank will provide passwords to those individuals designated by the Licensee as users of ESP on the Licensee’s behalf (“End Users”). The Licensee and the End Users are solely responsible for all its use of ESP and for maintaining the confidentiality of its passwords, account numbers and other information. The Licensee and End User will immediately notify the Bank in the event a password or account number has been compromised. The Licensee has sole responsibility for any transactions that occur prior to the Bank’s receipt of such notice and thereafter for a reasonable period of time for the Bank to act upon the notice. Passwords may be changed by the Bank upon the Licensee’s or End User’s request. The Licensee agrees that the Bank may give the new password to anyone the Bank believes in good faith is the Licensee’s End User. The Licensee agrees that these security procedures are commercially reasonable. (B) Strict Compliance with ESP Terms of Use. The Licensee will not, and will not permit any employee, agent or other third party to take any action that would interfere with effective operation of ESP or violate the terms of use of ESP or any applicable law or regulation relevant to the Program or the Agreement and this Addendum. 317763 (08/2011) Page 2 of 3 SunTrust Corporate Forms 3. Implementation. Licensee will be implemented on ESP using the Licensee Requirements provided by the Licensee to the Bank. “Licensee Requirements” include the Licensee’s specific approval processes, including, but not limited to, purchasing rules, spending limits, approval routing requirements, and other specifications regarding the Licensee’s account. Licensee is responsible for confirming the accuracy of the Licensee Requirements implemented on ESP. Within ten (10) days after the close of the first billing cycle during which transactions are posted through ESP, Licensee will review the Licensee Requirements and deliver written notice to the Bank either: (a) confirming that the Licensee Requirements are accurately implemented on ESP or (b) specifically describing the Licensee Requirements that are not accurately implemented on ESP. Failure to deliver timely notice will be deemed confirmation that the Licensee Requirements are accurately implemented and accepted by the Licensee. 4. Limited Warranty; Disclaimers; Limitation of Liability; Indemnification re ESP. (A) Limited Warranty. The Bank warrants that, in all material respects, ESP will comply with the functionality and other requirements as described in the Materials, as amended from time to time; provided, however, the Bank will have no responsibility for any defects that result from the Licensee’s own conduct. In the event of any breach of such warranty, Licensee’s sole and exclusive remedy will be for the Bank to bring ESP into compliance with the Materials within a reasonable period of time. If the Bank is not able to bring ESP into compliance within a reasonable period of time, the Licensee has the right to terminate this Addendum as provided herein. (B) Disclaimer. To the maximum extent permitted by law, the Bank disclaims all representations and warranties of any kind, whether express or implied, with respect to ESP, any equipment or software that the Licensee uses in connection with ESP services and any Materials, including the implied warranties of merchantability, fitness for a particular purpose, title and non- infringement. (C) No Guaranty of Uninterrupted/Error-Free ESP. The Bank makes no guarantees and has no responsibility with respect to (i) the operation of ESP, being uninterrupted, error free or free from program limitations, (ii) ESP or the servers that make it available being free of viruses, disabling devices or other harmful components, (iii) any information or reports that are transmitted over the Internet remaining confidential or being accurate, or (iv) any person gaining unauthorized access to the ESP unless the Bank failed to meet its standard of care under this Addendum in giving that person an authorization code. (D) Limitation of Liability. The Bank is not liable for any claim made or losses or damages suffered by the Licensee arising directly or indirectly from the Licensee’s use of ESP, except for losses or damages which the Licensee suffers as a direct result of the Bank’s gross negligence or willful misconduct related to providing ESP, and only if the Licensee has exercised good faith and ordinary care in performing its obligations under this Addendum and the Agreement. In the event the Bank has any liability to the Licensee, then the Licensee agrees to the maximum extent permitted by law that the Bank’s liability to the Company will be limited to any of the Company’s direct monetary losses or damages, up to the amount of the charges on a Card Account to be paid to which the error, omission or other discrepancy relates. Neither party will be liable for any indirect, consequential, special, punitive, exemplary or other indirect losses or damages, (including but not limited to, damages for lost profits, business interruption or delay, loss of data or cost or procurement of substitute goods or services), regardless of the form of the claim or action or whether such claim is in contract, tort or otherwise, and even if the other party knew such losses or damages were possible or likely, provided, however, any amounts that the Bank is required to pay its TSP or other third parties misuse of ESP (including, but not limited to, use not in accordance with the terms of the license grant in this Addendum) as a result of the Licensee, any End User or any other party who accesses ESP via Licensee or other Licensee breach of this Addendum will be considered direct damages, regardless of the nature or characterization of the claim giving rise to such payments. The Licensee agrees that the Bank will not have any liability with respect to any error, delay or failure to perform that is caused by (1) fire, natural disaster, strike, civil unrest, terrorism, failure of computer or communications facilities, (2) the acts or omissions of any third party or (3) any circumstance beyond the Bank’s reasonable control or for which the Bank does not have responsibility under the Agreement and this Addendum. If the Bank reimburses the Licensee for any losses or damages, the Licensee agrees to transfer all of its respective rights relating to the transactions in question to the Bank and to assist the Bank in any efforts or legal actions that the Bank may take to recover those amounts from any third party. (E) Licensee Indemnification. The Licensee will indemnify, protect and hold the Bank harmless from and against any and all losses, damages, liabilities, claims, demands, and judgments (collectively “Claim”), together with all costs, charges, and expenses, imposed in any manner upon or accruing against the Bank relating to the performance of the Bank in connection with and/or the use of ESP by the Licensee (and, if the Licensee is the Company, the use by the Company and all Affiliates,) and End Users or any other parties who access ESP via Company, including, but not limited to (1) Licensee’s breach of Section 3 of this Addendum and (2) any other Licensee breach of this Addendum or the Agreement. Licensee will, at its own expense, defend any action or proceeding brought against the Bank in connection with any such Claim. 5. System Changes. The Bank reserves the right, in its sole discretion, to modify ESP from time to time by enhancing, adding to, and/or removing functionality. 6. Proprietary Rights. The Bank and/or its TSPs retain all ownership and other rights in ESP (and any enhancements, modifications or derivative works, thereto), the Materials and in any related Trade Secrets, copyrights and other intellectual property rights. In addition, the Licensee acknowledges that ESP and the Materials are confidential information that belongs to the Bank and/or to its TSPs. The Licensee will not disclose or otherwise make ESP or the Materials available to any person other than its employees and/or agents that need to use ESP on behalf of Licensee and the Licensee will instruct those employees and agents to keep ESP and the Materials confidential by using the same care and discretion that the Licensee uses with respect to its own confidential information and trade secrets. This Addendum does not provide any proprietary or intellectual property rights to the Licensee. 7. Duration of License. The License to ESP will begin on the “License Effective Date,” which is (a) the Effective Date of the Agreement or (b) first date of use of ESP if ESP Company does not license and utilize ESP upon Effective Date of the Agreement, and will continue until either party gives at least thirty (30) days prior written notice of termination; provided, however, the License 317763 (08/2011) Page 3 of 3 SunTrust Corporate Forms will automatically terminate upon termination of the Agreement. The Bank may suspend or terminate the provision of ESP at any time without notice in the event the Bank reasonably believes that the Licensee has materially breached the Agreement or this Addendum. Company City of Milton SunTrust Bank By: By: Name: Joe Lockwood Name: Title: Mayor Title: Date: 12/17/12 Date: ATTEST: Print Name: UO%I/ SUNTRUST Corporate Resolution and Certificate of Incumbency U1� i R (Commercial Credit Card Account) I, hereby certify that I am the _ and custodian of the records of (legal name of corporation) a corporation duly organized and existing under the laws of ; that the following is a true and correct copy of certain resolutions duly adopted by the Board of Directors of said corporation at a meeting duly held on the day of , at which a quorum was present; and that the following resolutions are in conformity with the charter and by-laws of said corporation and have not since been rescinded or modified. RESOLVED, that this corporation enter into a commercial credit card account ("Card Account") relationship with SunTrust Bank ("Bank"); that any one of the officers of this corporation listed below be and is hereby authorized to enter into, execute and deliver in the name of and on behalf of the corporation the agreements, documents, or other instruments deemed reasonable or necessary to establish and administer the Card Account; and that this corporation shall be bound by the terms and conditions of said agreements, documents, or other instruments as the same may be amended from time to time. RESOLVED FURTHER, that the corporation shall furnish to the Bank a certified copy of these resolutions, which resolutions shall continue in full force and effect until written notice of the rescission or modification of the same has been received by the Bank, and the Bank has had reasonable time to act on such notice, and shall furnish to the Bank the names and specimen signatures of the officer(s) named herein, and those persons from time to time holding such positions. I hereby certify that the following are the names and specimen signatures of the officer(s) designated in the foregoing resolutions and that each presently holds the title indicated therein: Name Title Signature IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said corporation this day of Signature Print Name Title 315093 (7/09) Page 1 of 1 SunTrust Corporate Forms City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on December 4, 2012, 2012 for the December 17, 2012 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Repair and Maintenance of the Existing Stormwater Quality Facilities in Bell Memorial Park ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: The project is to repair curb and gutter, and to provide landscaping improvements for the purpose of refurbishing the Bioswales located in the parking lot islands at Bell Memorial Park. Bioswales serve a valuable environmental function by helping to clean the stormwater runoff from the parking lots. Portions of the curb and gutter have been damaged and are in need of replacement. In addition, the original vegetation planted in the Bioswales is no longer adequate to serve its intended purpose. Maintenance and repair of these facilities is a requirement of our NPDES permit. In accordance with the city procurement procedures , four bids were solicited to secure a qualified contractor to complete this project. Tri Scapes, Inc. was determined to be the lowest reliable bidder. Staff is recommending approval of a Construction Services Agreement with Tri Scapes, Inc. in the amount of $5,445.50. Table 1. Bid Summary Firm Bid Tri Scapes, Inc $ 5,445.50 Strickland Pipeline/Construction $8,990.00 Cook Construction $9,303.75 Blount Construction No bid City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the NPDES capital account. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 11/14/2012 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement City of Milton CONSTRUCTION SERVICES AGREEMENT FOR BIOSWALE IMPROVEMENT PROJECT This Agreement (the "Agreement") to provide intersection pedestrian improvements is made and entered into this day of , 2012, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), TriScapes, Inc. a Georgia corporation with its principal place of business located at 1595 Peachtree Parkway, Suite 204-395, Cumming, Georgia 30041 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued a Request For Bid for the Bioswale Improvement Project at Bell Memorial Park; and WHEREAS, based upon Contractor's bid to repair the bioswales as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement ( 17 Pages); B. Request For Bid RFB (8 Pages), attached hereto as Exhibit "A"; C. Proposal and Bid from Contractor dated (1 Page), attached hereto as Exhibit `B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Plans and specifications, attached hereto collectively as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Save Affidavit, attached hereto as Exhibit "G"; In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Proiect Description This project includes curb/gutter repair and landscaping improvements at two parking lot islands located at Bell Memorial Park in the City of Milton. The project includes removal and installation of curb and gutter, soil enhancements, and landscape planting as described herein. The contractor is responsible for all erosion and sediment control measures. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 21 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section S Contractor's Compensation; Time and Method of Payment Contractor shall be paid in one lump sum for the full agreed -to contract amount of $5,455.50. The City shall pay Contractor upon Final Completion of the Project as such is determined by the City, net thirty (30) days from the date of invoice. No payments will be made for unauthorized work. Upon the City's certification of Final Completion of the Project, an invoice should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand - 2 delivered. Section 6 Work Chany-es A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $2,500, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and 3 professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative Mr. Quinn Martin shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment ofAgreement 4 The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor 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. J. Independent Contractor 5 Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed, the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: 1.1 (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General LiabiliV and Automobile Liability Covera e. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its 7 officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) ClaimN-Made Policies: Contractor shall extend any claimN-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Pa ee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited (1) E -Verify 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 Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years 9 following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "G", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or 10 electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. G. Confidentiality 11 Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. Reserved R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings 12 The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Egta The City shall provide for right of entry for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. City's Reresentative Jim Seeba shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 WarranlK Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section S herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) 13 days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counte arts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared 14 invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: TriScapes, Inc. 1595 Peachtree Industrial Parkway, suite 204-396 Cumming, Georgia 30041 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Head. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any 15 provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 16 [TriScapes, Inc.] Signature Rebecca Martin Print Name CFD Title SIGNED, SEALED, AND DELIVERED In the presence of: Witne%§J. ���1111I0; �tI [AFFIX CORPORATE SEAL] Notary Public %V-.; r - U 'r S [NOTARY SEAL] -- C' : C!) Mho . ssinn rxpirss;. Q: U1111 11 tN MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED. SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Secretary of Owner should attest Give proper title of each person -executing affidavit. Attach seal as required. 17 EXHIBIT "A" BID DOCUMENT Sell Memorial Park RW ---Swale irnproveMent Pro[ect j� BIDS DUE November 8, 2012 BY 3:00 PM General D",gljPti[Qn_of Prolect coag: Contractor to bid on the following stripe (See also attached photos and sketches). Contractor required to visit the site prior to submitting hid to confirm scope. Contractor should assume that the island areas (where new mulch has already been placed) will be planted by others. Existing trees will remain. Performance bonds and payment bonds are not required for this project. The general scope of work will consist of curb repair and parking lot island landscaping at Bell Memorial Park. This project will consist of preparing the existing parking lot island swales ior planting; including removal and replacement of 40 linear feet of (broken or settled) curb and gutter, adding new top soil, and planting these areas. The amount of additional top soil is estimated at 20 cubic yards. The planting requirements are 317 Muhly Grasses (1 gallon size), 20 Gothergilla plants (3 gallon sizes). Plants shall be planted, areas smoothed and raked, with 2 inches or black mutch (match existing mulch) applied in open areas. The contractor shall be responsible for inial watering and watering for first 30 days as needed. Remove damaged curb and gutter (40 1,f.), replace in kind. Prepare existing swale areas for planting (see sketches). This includes clearing areas weeds, debris. Tilling existing soil, and blending 20 cubic yards of topsoil into upper soil layer. Plant $317 Muhiy Grass plants (1 gallon size) in 2 feat spacing as indicated or as directed. Plant #20 Fotherghla plants (3 gallon size) around drainage structures as indicated or as directed. Cover open spaces taetween plants and an islands with 2 inches of black mulch (match existing mulch). The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himselflherself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and rears the Bidding Document and has satisfied himselflherself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be Performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cast and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted LQ contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city. THE BASE HiQ IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED A140 WHICH WILL BE USED TO t]MRMINE THE LOWEST RESPONSIBLE BIDDER. The ;vase bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (e0) days following receipt of the bids. The City of Milton reserves the right to modify the scope of this project at any time. Approprlate compensation for scope changes will be based on a negotiated fee. (Boller Amount pang Nana) 18 1,[i General Condiltione. a) One lane Of traffic shall be open at all fimeg. Laine close rea shall bas fetor iCtad to the hoof` of 9 alrl to 4 pin. b) Construction activity within 1000 feet on an Occupled residence w€It be allowed Mon. -Fri. betwoen the hours of 7;30 AM And '1"34 PM and Sat. between 9:30 AM and 5:130 PM, Construction acdvity more than 1000 feet from an occupied residence will tae allowed Mon_- Frl. between the hours of 7:00 AM and 16:00 PM and Sat. between the hou— of 8.90 AM and 6:00 PM. c} Coritractor most notify the City of Mi€ton (e7a) 242-2500, twonty-four (24) no ufa prior to beginning construction. d) Bu rias of aonstrttotlon materials is not permitted with In the City of tut ilton. API construction matenais and debris within the —wk orae ah all be pro per I diap used of by the contractar- e? The contractor is responaibl4 for any dart agod propes'ty whiclI oC-Y=ul"3 fss a result of thou project. The contractor sh all r pi Moe any do nfaged pro party at his own Ox pensO. f) Unless otherwise stated, the City shetl px lde all necessary permits and Etatementa acsoclateci with thin project prior to issuance of the Notice to Procasd. 2.0 @ila.torialar Equipment and Employwaa a) The contractor shalt, unless otherwise specified, Supply and pay for all labor, transportation, material$, tools, apparatus. lights, power, Ries, sanitary facilities and Incidentais necessary for the Completion of trig work, and shall install' maintain and remove all equipment of the construction, other utensils or tnings, and be rospnnsibie for the safe. proper and lawful construction, maintenance and use of some, and shall const3ri,iot in the best and most workmanlike manner, a complete jots and everything incidental thereto, as shown on the plans, stat,d in the speoificatione, ce rcrasonobly implied there born. oil ire siccYrrdance with the contract doCum §ntti. b) All matefials shall he n an4 of quality speclfie4, except where rectaimcd rnaterlal i% authorized herein and approved for use. Workmanship what€ at all tim,s be of a grade accepted as the befit practice of Hie particular trade lnvcived, and as stipulated in written standards of r cognizad organizations or institutes of the re spec live trades except as exceeded or qualified by the specifications. c) No changoo shall ba mado in the Work ---pt upon wrltt,n approval and ctaanglA order of the city d) Product% are generally specii®d by ASTM or other rsfer,noe standard andlor by manufacturer's name and model number nr trado nanab. When specified Only by reference standard, the Confroctdr may Select any produot meeting this standard, by any manufacturer. When several products or rrsarlssftTC[u rare are specified as being squally accsptobl9, the Contractor has the optic of using any Product and eTYdnutilcturF3r combination )izteo. tipwavar, tram contractor shall h9 ewara Haat the C t -A tlxa mplra ales uvwd only to denote the quality standard of product desired and that they an not restrict bldd,rs to a spec€ — bnond. maka, menufacturer or apeclfic nam,; that May are used only to at forth and convey to bidders the general style, type. character and quality of product damned; and that equivatsnl products W1 11 be Acceptable. Subat€t-djOn of materials, items or equipment of equal ar equivalEnnt design stall be submitted to the architect or engineer for approval or di—ppr—l% sten approves1 or disapproval ShOli be made by the arctlitact Or engineer prior to the Opening of bids. e] if at any time during the can stn uG;ion and completion of the W k covered by tha9a cnnoract documents, the conduct of any yvorkman of the Var€ovs crafts be adjudged a nuisance to the l']wrdr or i1 any workman be considered detrimental to the work, the Contractor sha€i order such parties rcnwv0d imMadiateEy frorxl the sit.. f) The u ntractor'shall designate a fnminanlsupenntendent who shall direct the work 3.0 Ewlon and Sediment Control a} 'visa cent—tor will provide rind sediment control measures so as to prevent sediment from leaving the site. Malntenance of erosion and sediroont control measures is required at all times. 'f he Page 2 Of'5 19 contractorshalt have certified eroslon and sediment control personnel on nitn at all t MAA. All ripf3r'S. 3rf. ' wnd City uF Milton guidelines should be followed - b] Alt erose on And sndimenI control work shall be performed In a—cianue with the standards provided in the C [gla Man uaS for a—.I n 0n4 sediment Canvol Irl Q;eo ia, late%t sJS. c) Provido dou bte raw o7 Type C sift ren ce along the down siv pe side of all dk63xJfbeo areas. Ali barrio ra shall tie In place prior to any land Disturbing a tivltiea- tl) Silt f. nc.s ane nay sP'—Il 1� CPeon-d of reel—J ¢grid—amtoined in functional CPnditinn until perrnanent a orlon control me established. A31 silt fences and other temporary rner&R Uras wt tl tae Mrno er} by the conlraotorld ovnlapnr—hon 1ha bite i5 Stable. ®) Silt fnnoe fabric shall ba comprised of Ga. [Department of Transportation qualifled products Section 471, hrne for %In farce rabric- Type -A" silt fenfA f9brlc and construction may tM &I low" with prior wrktan approva; frram [.tie 3s1s 1¢ Sja.ie/oprr�ant inspector. t) Temporary vsgetatlon andror "a -...Y m."I, will 1>e uded to yW bi l i cC areas. In r>4 case yl'ail a rice be IUft tuft for morn than 4—".On (1.4) days - g) Fda clearing beyond the timkn ofalswrbance shown on the approved plans shall be allowed without approval, h) P—id. matting, tarns—ry find pe—n—t. •"lading of all siopn Facoa- 1) Provid. a ml n l naum of V inch of mulch ipq. to ntporery and permanent seeding of all other disturbed areas 4.0 Earthwork a) The area within the typical grading —bon shall be ctt—d of ell treaar, txush, stumps, loge, gfass roots, vartetablr m�hor, pol9%, stubs, rubbishy, nnfuse dumps, samwd"st picas. and alt Dther rriatf@r relating on or probuding through lhn criginaS grq and surface br appmdng or being piscad on the area within: the typlcat grading section before final acceptance of work. b) Ail depressions bolo— the ground au rface contain Ing water shall bn drained, u au lta ble materiel re Quad and fi Iled with suitab9p matarial and campaoted to the ground ..Mace before trio araban k men propar is begun. Any area do F.rl-v� iu119oicttO ia$ under federal, State or local 3-agutativns shall optain requ Ired app—is or permits prior to any land disturbing activalas in lho.a creas- e] Sub -grad. preparation aeJ-11 be In acxordanc. with[ L30t311' ap..ift-vt4cn. and the.. rag u latio ns. d) IF any scetiona of the sub -grade am CattlpOzed of tomoc 1, orgar0c, or other unauPrabl. Or unmtntal. matnKa l Zch mate real shall be r _—j and replaced with au€tabt. malarial and then thoroughly compacted as ifimd for fill or stab€1 ..d with stone 0, a goo-textite of gad-gfid. e) Flo shall be pieced hor in uniform. ixnntal L9yara not ntuf then 8" thick (louse m r—l)- Moiawfe content &hall ba adjusted as necr§:S�'try to compact rnatariel to Fif14Sb maximum laboratory 01 yden&AC, as de ter"ncd by p.ASHTp me'.thoci T-99, F) Atter the earthwork has been completed, ale storm drainaga, watts, and s annary aayrgr utilities Oay^ 1; An na�lled within the right-of-way as apprpprtete, end the 4ackflll in all such ditches tl"vroughiy compacted, the sub -g rade shall be brought W the lines, grades, and typical raadway Section shown on the plans. gi provisions shall be made by the contractor to ensure adequate a— —90 alld pravant possiblae daf lags to Tile work area. 5 6 litMtiaa a) Thee c..anlrac[ar shall ba req�ifred tsO ..cord in a[e and maetage any fl rid all utility to Bites andVor reko trons within the scop. of this pr jerx. Page 3 of Ci 20 6.0 tset7r�rtnance a) Ali Werk perfbrwnad Shall be m accordance City of Millon Construction Standards. The ccntracla r will edhore La all currant SWIG and Federal construction safety ragulatlons, Inoiuding OSHA regulatkrna- Thft Contractor will GonTarm to ML,F'€'1CD and tnC SfJrlo oY C. orgia ❑apartment of Trenspartation standards for traffic control_ Th! Contractor mus! maintain a gate work Rona rvr th ell e•nployee9. peda9briana, and veL.lqular tra portaliom AH wortr Shall ba inspeGtbd and appr_od by the City of Milton Department PT Pu blit Works (M 0 PW), 7.0 Safety Roquinemernts u) True Contractor shall be roaponsible for the entire site antl rho construction or the same, ane pmvide all the nCeessary prate "ns as required 4y laws or twainances governing gudh cOridilions and as requited by %he c)—r er pr o konel'. He shalt ba respp s1ble JYor any damage bo tho Owners property or that of Wr: em vn the job, oy nim lf, his personnel yr Itis 3ubcon[ractors, and sh.pl rnaKC good such damapgeg. 44. shall ba rompongible for and pay for any cla:i= again aL th" C7wnar ancing from such da ma0r.-8. b) Tho Contractor&hall pro..ide all necessary safety rnna.ures tow !ne pmtocik� of all pgr9ons on Lh- work. Contractor :hall Clearly mark or post signs waening of halm, is existing, and ahWl barricade excayailOna and oirnplar haze rda- Fie ahall protect again:% damage or irtjtiry resulting 33`orn 'falling material. and he shalt rrrax.taln ail prvteuu_ a_i_ no signs tie__GV tlut the piogr of the worn. 8.0 Wotia nda alnd Stream Bluf olnii a) No wcN* shall be parfwrittad Within any designated wet€and 4r stream buffer area without prier approval df lhr City vi mitton, wetland areas And StroFlm Oriffrlrrs rsnall he deal gnated by the City a! Milton prior to thea i .... rlC or a notice to Procaod. 9.o Cgdea, Perm Ftm an4 lrlspeotinn$ a) The Codtractar shall obtain the required perrrets, it r Zuired, giver Y11 fuytwr _ and ply with all iaW , drd inJnnea, codva, f41b5 and rcgula[lpna bearing on Lhfs Ctfndyct of lYle worft untlde trli9 conVacl. If ttTe Contractor observes char the draw{ngs antl Rl�Rrr:hlcatlona arra .tit _= tYaol'r.YWi W, Fse a3�all pror+Y}!ly I+dti>Ey the E>gher k -r writing. if tho Contractor performs any lark Knowing it to be —ntfory to such laws. ordinancaa, dodge. rules and fogulatlo.:, and without .IUGrI rioltGs to fila Owner, rao shall bear all cost arilsing there frorn. y0.d theft Up a) The Contractof %hall keep the sites arrd surmonding area reaaunably free frxlrri ruhbish u! all Brews end 9haii v dobria from the site Trorrl time to �— ser when diract d to do 4o bth y e Owner. Wold tR final an apection 31nd accspTanrwa Of mn profele:l, the CoMrAGtM xhan Ihortlu hly clan. the sites, and Completely prepare the p jct aand site for use by the (swnor. 11.R $ch�dule a) Project shall start within 1 Wank of data of award and bewmpietnd in aatiafactory mann®r, as deemed by MI>F W. within 3 weeks from data of awund, with final inapecllon schaduled WHhin 3 weleku from the data of _ward. 12-0 PatAi V E}rawirrga {So> Attacttod)l Page 4 of G 21 Bio-Swala No. I Bla-SwWa No. Z 22 Pace 6 of,6 Z3 24 25 EXHIBIT "B" BID FROM CONTRACTOR 26 Bell Memorial Park Bio -Swale Improvement Prosect 11 BIDS DUE November 8, 2012 BY 3:00 PM Genaral Description of Project Scope: Contractor to bid on the following scope (See also attached photos and sketches). Contractor required to visit the site prior to submitting bid to confirm scope. Contractor should assume that the island areas (where new mulch has already been placed) will be planted by others. Existing trees will remain. Performance bonds and payment bonds are not required for this project. The general scope of work will consist of curb repair and parking lot Island landscaping at Bell Memorial Park. This project will consist of preparing the existing parking lot island swales for planting; incuding removal and replacement of 40 linear feet of (broken or settled) curb and gutter, adding new top sail, and planting these areas. The amount of additional top soil is estimated at 20 cubic yards. The planting requirements are 317 Muhly Grasses (1 gallon size), 20 Gothergilla plants (3 gallon sixes). Plants shall be planted, areas smoothed and raked, with 2 Inches of black mulch (match existing mulch) applied in open areas. The contractor shall be responsible for initial watering and watering for first 34 days as needed. 1. Remove damaged curb and gutter (40 1.1), replace in kind. 2. Prepare existing swale areas for planting (see sketches). This includes clearing areas weeds, debris. Tilling existing soil, and blending 20 cubic yards of topsoil into upper soil layer. 3. Ptant #317 Muhly Grass plants (1 gallon size) in 2 fact spacing as indicated or as directed. 4. Plant #20 FothergiIla plants (3 gallon size) around drainage structures as indicated or as directed. 5. Cover open spaces between plants and on islands with 2 inches of black mulch (match existing mulch). The undersigned, as bidder, declares and represents that it has examined the site of the work and Informed himseNherself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment The bidder has examined and read the Bidding document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction tabor, materials, equipment, products, transportation, and other facilities and sawjces as necessary andfor required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn to modified, except at the request of the city, for a period of sixty (6 0) days following receipt of the bids. The City of Milton reserves the right to modify the scope of this project at any time. Appropriate compensation for scope changes will be based on a negotiated fee. Base Bid. Amount $ 5,455.50 (Dollar Amount in Numbers) Tri Scapes, Tnc. (CoWanyNa (Sig Ryan E. Hogan (Printed Name) 27 EXHIBIT "C" BONDS Performance Bonds and Payment Bonds are not re aired for this proiect. 28 See bid document. EXHIBIT "D" PLANS AND SPECIFICATIONS 29 EXHIBIT "0' STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and dcadlincs 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 306-10-01-.08 in the form attached hereto as Exhibit "F" Contractor further agrees to maintain records of such compliance and provide a copy of cath such verification to the City of Milton at the time the subeontractor(s) is retained to perform such service. 1236$9 EEV 1 Basic Pilot Program User Identification Number 9Y. Au rized Officer or Agent Date TriScapes, Inc. Project Coordinator Title of Authorized Officer or Agent of Contractor Mitzi Chambers Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN rl►� _q7 -'el"" BEFORE ME ON THIS THE : •. �qti��,, 19th DAY OF November atiF 5 012 Qom: Notary Public My Commission Ey1W sf r �r25,2a.'r46 1CO 1"1U Ha t `,,� 30 STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with TriScapes, Inc. on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A_ § 13-10-91. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Subcontractor Name Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 92012 Notary Public My Commission Expires: 31 STATE OF GEORGIA CITY OF MILTON 11 EXHIBIT " U' SAVE Affidavit By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-35-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) _x I am a United States citizen. 2} I am a legal permanent resident of the United States. 3} f am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that lie 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 -3G -1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: Gear is Drivers License 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. § 16-1 0-20, and Face criminal penalties as allowed by such criminal statute. Executed in Cumntin (city), (jeor {state). Signature of Applicant Rebecca Martin Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 9th— DAY OF November , 20 12 NMXkV PUBLIC My Commission Expires: -r 6 90 ,,titi��Z► j, CFI,g`I,�� 32 to Z OP M*� A eua ca = a(-,w'Ib f��i���U�1T`� ►,���� City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Jim Cregge, Interim Director of Parks and Recreation Date: Submitted on November 29, 2012 for the December 17, 2012 Regular Council Meeting Agenda Item: Approval of Change Order #1 to the Professional Services Agreement with Optech RWM, LLC for Public W orks Support Services ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of change order #1 to the professional services agreement with Optech RWM, LLC for public works support services. Executive Summary: The City of Milton has entered into Intergovernmental Agreements (IGA) with the Fulton County Board of Education for use of field space at 4 locations. These locations are Friendship Community Park in Crabapple, Birmingham Falls Elementary School, Cogburn Woods Elementary School and Hopewell Middle School. As part of these agreements, the City of Milton must provide maintenance services of the properties, including but not limited to trash removal, lawn cutting and turf maintenance. The existing contract with Optec was specifically written in 2010 in anticipation that it would include the maintenance of these properties and extremely favorable pricing has been provided by bundling this additional work. Further, this bundling allows us to continue to operate with the same contractor that is currently providing services at City of Milton owned parks facilities. Funding and Fiscal Impact: Funding for this project is available in the operating budget under the line item of Contracted Parks Mowing and Litter Pickup. Alternatives: The alternative would be to release an RFP to the general public to seek pricing. We believe this would be disadvantageous as it would go against the spirit and the intent of the negotiations that were concluded in July 2010 with Optec. Further it would increase the amount of oversight that would be required by staff in the vendor management of multiple parks services providers. Legal Review: Jarrard & Davis, LLP – Paul Higbee 11/28/2012 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 Concurrent Review: Chris Lagerbloom, City Manager Carter Lucas, Director of Public Works Attachment(s): 1. Agreement Page 1 of 9 CHANGE ORDER # 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH OPTECH RWM, LLC FOR PUBLIC WORKS SUPPORT SERVICES WHEREAS, the City of Milton, Georgia and Optec RWM, LLC have entered into a certain Professional Services Agreement (RFP10-PW3) dated July 7, 2010 (the “AGREEMENT”), incorporated herein by reference, for the provision of professional services; and WHEREAS, the parties desire, pursuant to Section 6 “Work Changes” of the AGREEMENT, to issue this Change Order # 1 to the AGREEMENT in order to modify the Contractor’s compensation and the scope of work, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to change the AGREEMENT as follows: Item 1. The final two (2) sentences of Section 5: Contractor’s Compensation; Time and Method of Payment of the AGREEMENT are hereby modified to read as follows: The total amount paid under this Agreement as compensation for services performed and reimbursement for costs incurred shall not, in any case, exceed $616,177.00 per Agreement year, with each such Agreement year running from October 1 to September 30 of th e following calendar year. Contractor agrees to no more than a 3.0% annual price increase each Agreement year starting on the 1st of October 2013. Page 2 of 9 Item 2. Exhibit “A” to the AGREEMENT is amended by adding the following additional Scope of Services to the Scope of Work: City of Milton – Parks and Recreation Department SCOPE OF SERVICES 1. General. Contractor shall perform the following services: Provide park maintenance services to include mowing, trimming, cleaning, trash removal, mulching, and other services as specified for the City’s four IGA field sites. o Park at Crabapple Crossing Elementary School o Hopewell Middle School o Cogburn Woods Elementary School o Birmingham Falls Elementary School For the purpose of having a mutual understanding of expectations, detailed facility/inspection checklists will be created and agreed upon. The checklists will be living documents and will be subject to change as needed. Facility use schedules will be delivered to contractor at least one week prior to the following work week. Staffing levels may be adjusted as demand dictates. Provide personnel and equipment to complete the tasks as described herein. Provide crew(s) with the proper number of staff and equipment to perform park maintenance identified in the scope and in assigned work orders. Adequate personnel must be provided to meet safety requirements at all times. Some of this work will necessitate after hours call out and/or weekend work. Provide a price for crews available for incidents, emergencies and weather related emergencies on a 24 hour on-call basis with a 2 hour response time. 2. Work Order Priority. Contractor shall perform services in accordance with Work Orders provided by the City and pursuant to an established work order priority schedule. After hours and emergency Page 3 of 9 work orders may be authorized verbally and followed up with a written work order. The following priority identifiers shall have the corresponding meaning: Priority 1: Complete within 24 hours Priority 2: Complete within 72 hours Priority 3: Complete within 10 business days Priority 4: Complete within scheduled maintenance period 3. Equipment. Contractor shall provide equipment and vehicles necessary to complete the tasks as described and within the timeframes specified. Contractor shall maintain equipment in a clean and professional condition. 4. Park Services. Routine Maintenance – Contractor shall visually inspect the assigned area at least 4 days per week, Monday through Sunday. Contractor, utilizing the facility checklist provided, shall evaluate site conditions and identify potential maintenance needs or safety hazards which require immediate attention. Contractor shall identify excessive litter or debris, graffiti, broken or vandalized amenities which may create a safety hazard. Adjustments in the daily schedule shall be made based on the findings of these inspections. Contractor shall notify the City’s Parks and Recreation Director or his designee of maintenance services that are needed. o Preventative Maintenance – Contractor, utilizing the facility checklist provided, shall perform preventative measures to avoid maintenance issues that could become a hazard to park users and result in unnecessary costs. These items include, but are not limited to, winterizing irrigation systems and re-instating them for usage during the growing season. Repairs – Contractor, utilizing the facility checklist provided, shall follow work order procedures and priorities to react to any requests for repairs. Problem areas will be identified through visual inspections of facilities and grounds, bi-annual inspections of facilities and grounds, and emergency reports by the contractor and park users. All issues are to be reported to the City’s Parks and Recreation Director or his designee, who will follow up and schedule repairs as needed. Litter, Debris and Trash/Recycling Removal – Contractor shall: o Inspect trash, recycling, ground litter, and debris at least 4 days per week, Monday through Sunday or as often as needed during the week Page 4 of 9 o Empty trash and recycling containers when they are more than half filled or are attracting bees or other insects at the time of inspections or when park usage indicates that containers may be filled to capacity before the next inspection o Inspect specific areas such as pavilion, bleachers, benches and athletic areas for litter and debris and remove litter and debris prior to scheduled use during normal working schedule o Pick up ground trash and debris in the park while checking the trash containers o Report any debris that is too large to remove to the City’s Parks and Recreation Director or his designee o Provide two 8 cubic yard roll-off containers at a site to be determined in an inconspicuous location for deposit of all trash and recycling from receptacles. The containers will be provided by a responsible vendor and will be emptied as needed. o Check trash and recycling from all containers and collect and deposit trash in the roll - offs as required. Install new plastic bags in all trash containers as requ ired. Restroom Cleaning – Contractor shall: o Inspect portable toilets every time the contractor is onsite at every facility. Any deficiency in the portable toilets will be reported to the City’s Parks and Recreation Director or his designee, who will follow up with the portable toilet service provider. Graffiti Removal – Contractor shall: o Call Milton Police Department for a report o Call the City’s Parks and Recreation Director or his designee o Remove graffiti within 24 – 48 hours from the time it is identified if requested to do so by the City’s Parks and Recreation Director or his designee. o Take pictures for documentation. Vandalism Repairs – Contractor shall: o Call Milton Police Department for a report o Call the City’s Parks and Recreation Director or his designee. o Secure any vandalized area that is creating a public safety hazard immediately upon identification. This may include securing the areas for safety reasons, removing the object or placing a barrier around the area to prevent possible public access o Schedule necessary repairs if requested to do so by the City’s Parks and Recreation Director or his designee. o Take pictures for documentation. Sidewalks and Trails – Contractor shall: (Utilizing provided checklist) o Inspect all sidewalks and trails at least 4 days a week for cleanliness and safety, and report any areas of concern o Blow all sidewalks and trails regularly to remove leaves and debris Page 5 of 9 o Pick up all ground trash prior to blowing o Prune low-hanging limbs to eliminate potential hazards o Remove fallen limbs and debris immediately o Report to the City’s Parks and Recreation Director or his designee dead trees that could fall on the trail o Inspect and repair trail surface as directed Pavilion – Contractor shall: (Utilizing provided checklist) o Blow and clean 4 days a week. o Blow roofs to remove leaves and debris twice a year o Conduct pavilion inspection of area and structure yearly o Coordinate repairs and upgrades with the City’s Parks and Recreation Director or his designee Landscape and Turf – Contractor shall: o During the growing season (April 1 through October 31): o Mow all common turf areas on a weekly basis at the proper levels for each type of turf. o Mow all athletic turf fields to a height of 1-2 inches twice per week, preferably on Tuesday and Friday o String trim all posts, benches, tables, trash containers, fence lines, trees, and buildings as part of the mowing operation o Remove grass clippings from fields when visible o During the off-season (November 1 through March 31): o Mow all common turf areas once every four weeks at the proper levels for each type of turf o Blow hard surfaces to remove debris. o Trim and edge, remove debris (sticks and limbs), and provide weed control outside normal turf areas to prevent encroachment o Maintain embankments as needed, prune plants and tree limbs up to 20 feet in height and less that 6 inches in diameter, and pick up and dispose of trash Edging Curbs, Sidewalks and Pavilion – Contractor shall: o Edge all curbs, sidewalks and pavilions once per week between April 1 through October 31 o Remove all grass clippings and debris from the curbs and sidewalk areas after each edging Aerating Turf – Contractor shall: Page 6 of 9 o Perform core aeration of all athletic field turf at least twice per year, including once in the spring just before fertilization and once in the fall. Perform aeration when the turf is actively growing and not under stress. Space aeration holes between 2 -3 inches (this often requires 3 passes in different directions). Crumble and spread dried soil cores over the turf by using flexible steel mat or by some other means. Use a vibratory tine aerator to a depth of 4-6 inches during the winter months and as needed during the rest of the year to alleviate compaction. o Provide evaluation and recommendations for aeration, turf reseeding and other services that may be required at the athletic fields. Over seeding – Contractor shall: o Over seed turf athletic fields as directed. Apply seed at a rate of 10 to 15 pounds per 1000 square feet depending on the field and its use requirements. Additional replaced applications may be needed if rain and play dictate additional applications. Fertilizing Turf – Contractor shall: o Provide a seven-point chemical program for all athletic turf areas, except embankments and sides of streets. Fertilizer program shall include pre-emergent weed control fertilizations and post-emergent treatments consistent with best management practices. o Treat all areas of the park for fire ants at least once per year prior to the warmer months and additionally as needed. o Conduct soil testing on each athletic field at least once per year o Apply fertilizer as required. Herbicide Use – Contractor shall: o Post areas after spraying to warn park users o Store herbicides in OSHA approved containers o Wear appropriate protective clothing while applying o Use non-selective herbicides, such as Round-up, to kill grass and weeds that are growing in cracks, around posts, around trees, along fence lines, along curb and gutters, or in other identified areas where no vegetation is desired o Use pre-emergent herbicides to control the germination and spread of broadleaf weeds in plant beds and turf areas o Use post-emergent herbicides to control emergent broadleaf weeds that are currently in plant beds or turf areas Sodding – Contractor shall: o Sod bare spots in areas which are located on steep slopes, in drainage areas, and on athletic fields as directed. Sprig or over seed and add hay to other areas as directed o Ensure the soil is slightly moist when sod is transplanted Page 7 of 9 o Add starter fertilizer at a rate of one pound of nitrogen per 1000 square feet of area o Irrigate the new sod frequently enough so that the underlying soil is always moist, but do not saturate o Spot sod areas as required Topdressing Athletic Fields – Contractor shall: o Top dress athletic fields as required. o Add sand mix to turf with thatch problems or in areas with uneven surfaces o Apply less than ½ inch of material during the application o Top dress turf areas after a heavy aeration and incorporate the material by mat dragging Irrigation System Management / Maintenance – Contractor shall: o Test irrigation system before watering season begins. Test each zone for operation, water pressure, head damage, broken lines, etc. o Maintain and repair the irrigation system as directed o Shut off the irrigation system no later than December 1st, shut off the water at the meter and open existing drains and drain the system Flower Bed Maintenance – Contractor shall: o Place pine straw/mulch in landscape islands and around the base of trees planted in turf to a minimum of two foot radius from the tree as directed o Mulch shall not contact/cover the tree trunk. A mulch free area of 6 inches wide at the base of the tree shall be provided to avoid disease and decay. Mulching in shrub and flower beds should be 3-6 inches deep and contained within the border of the bed o Replace pine straw/mulch twice per year in depleted areas o Perform weed control in shrub and flower beds as required from February through October o Remove weeds in excess of 4 inches by pulling or otherwise removing immediately o Restrict use of herbicides to park areas that are not environmentally sensitive Pruning – Contractor shall: o Prune to remove hazardous, broken, diseased or deadwood from a tree or shrub and / or rejuvenate the shape of the plant o Remove diseased or dead trees for disease control and to prevent safety hazards after approval is provided by the City’s Parks and Recreation Director or his designee o Replace dead plants as directed Baseball Field Procedures (Hopewell Middle School) – Contractor shall: o Inspect trash 4 days per week o Inspect turf areas when on site Page 8 of 9 o Check for safety hazards such as holes in the field of play when on site o Blow off concrete surfaces, sidewalks and dugouts when on site o Drag baseball infield for practices and games during the playing season o Rake and maintain bullpen areas for practices and games during the playing season o Weekly monitor irrigation system for watering turf areas o Re-sod worn turf areas as directed o Inspect and repair fences as needed o Inspect and repair batting cages as needed o Top dress grass infields and outfields as required. o Core aerate grass infields and outfields as required. o Actual time to work at the field must be coordinated with the City’s Parks and Recreation Director or his designee. Rectangular Athletic Fields (Hopewell Middle School, Cogburn Woods Elementary, Birmingham Falls Elementary and Park at Crabapple Crossing Elementary) – Contractor shall: o Remove trash 4 days a week o Inspect turf areas when on site o Check for safety hazards such as holes in the field of play when on site o Blow off concrete surface areas around athletic fields when on site o Weekly monitor irrigation system for watering turf areas o Re-sod worn turf areas as directed o Inspect and repair fences as directed o Top dress grass fields twice per year (spring and fall) o Core aerate grass fields twice per year o Winterize irrigation systems o Actual time to work at the field must be coordinated with the City’s Parks and Recreation Director or his designee Facility and Building Maintenance – Contractor shall: o Install, repair or replace, as required, signs stating “No Skate Boarding”, “No Dumping”, “No Loitering”, “Remove All Pet Waste” and “Keep All Pets on a Leash” or other similar signs requested by the City It is further agreed by the parties hereto that all of the other terms and conditions of the AGREEMENT, including all un-amended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order # 1 shall be attached to and form a part of said AGREEMENT. Page 9 of 9 IN WITNESS WHEREOF, the Parties have caused this Change Order # 1 to be executed and sealed as of this, the ____ day of _________________, 2012. CITY OF MILTON, GEORGIA _______________________________ By:_____________________________________ Witness Title:___________________________________ (CITY SEAL) _______________________________ Notary Public My Commission Expires: _______________________________ (NOTARY SEAL) Optech RWM, LLC _______________________________ By:_____________________________________ Witness Title:___________________________________ _______________________________ Notary Public My Commission Expires: _______________________________ (NOTARY SEAL) City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on December 10, 2012 for December 17, 2012 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement with Robert Buscemi, AIA, for the Purpose of Providing Professional Design Services for Selected Development Plans. ____________________________________________________________________________ Department Recommendation: Approve the attached contract providing for professional design services. Executive Summary: The work to be completed under this Agreement (the “Work”) is referenced in the Contract as “Exhibit A”. Key tasks to be completed under this contract include: hold face to face meetings to assist developers interested in using the form based code/transfer of development rights mechanism; provide design review for all major development site plans; provide technical assistance to the Design Review Board and Historic Preservation Commission on an as-need basis; assist with creation of a form based code and Transfer of Development Rights mechanism for the “Regional Activity Center” as identified in the LCI Study entitled “Route 9/Georgia 400 Master Plan”; and, serve on an on-call basis to provide any design services deemed necessary by the Director of Community Development. Funding and Fiscal Impact: $15,000 in FY 2013 Budget Alternatives: N/A Legal Review: Ken Jarrard – Jarrard & Davis (December 5, 2012) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Contract (City of Milton PROFESSIONAL SERVICES AGREEMENT Design Services This Agreement made and entered into this 1st day of January, in the year 2013, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Robert Buscemi, A.LA. ("Consultant") having its principle place of business at 820 Foxhollow Run, Georgia 30004. WHEREAS, the City of Milton will require certain professional design services beginning on January I, 2013; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein by reference, for the compensation described therein. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City'S receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $15,000 (which includes all related travel expenses of Consultant) (the "Contract Price") without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub-consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Term; Termination The term of this Agreement shall begin on Tuesday, January 1,2013 and shall terminate absolutely and without further obligation on the part of the City upon Consultant's completion of the services described herein, but no later than December 31, 2014. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. As the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.CO.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the County on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on 2 January 1 of each subsequent calendar year absent the County's provision of written notice of non-renewal to Consultant at least thirty (30) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by the County. 5.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 6.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 7.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 8.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 9.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 10.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 11.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 12.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 13.0 Sovereign Immunity 3 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 otncial immunities. 14.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Robert Buscemi 820 Foxhollow Run Milton, GA 30004 15.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Approved as to form: City Attorney Robert Buscemi, AlA 4 Signalure: /J ~ printedNamJ Y1-o~ BVSc..M\ SIGNED, SEALED, AND DELIVERED in the presence of: My Commission Expires: CITY OF MILTON: By: Its: [CITY SEAL] 5 SIGNED, SEALED, AND DELIVERED in the presence of: Witness " ~~ Notary Public [NOTARY SEAL] My Commission Expires: 6 EXHIBIT A Scope of Work for Professional Design Services -Milton, Georgia In anticipation of the establishment of a Form Based Code including a section on Transfer of Development Rights, it is important that the Community Development Department have access to professional design services. These services which would be provided on an as need basis, will allow for the professional design review of potential projects, especially those utilizing the Crabapple form based code and transfer of development rights mechanism; assist developers with the new planning tools that would be available for utilization; provide technical services to both the Design Review Board and the Historic Preservation Commission; and, assist from time to time with site plan reviews. Specific services to be provided include: • Hold face to face meetings to assist developers interested in using the form based code/transfer of development rights mechanism; • Provide design review for all major development site plans; • Provide technical assistance to the Design Review Board and Historic Preservation Commission on an as-need basis; • Assist with creation of a form based code and Transfer of Development Rights mechanism for the "Regional Activity Center" as identified in the LCI Study entitled "Route 9/Georgia 400 Master Plan"; • Work with potential developers on a master plan to help implement and best utilize the incentives included within the Crabapple form based code; and, • Serve on an on-call basis to provide any design services deemed necessary by the Director of Community Development. Consultant to provide professional design services on an as-need basis at the rate of $75/hour. 7 COpy OF PERSONAL SECURE AND VERIFIABLE DOCUMENTS HELD IN CITY CLERK'S OFFICE City of Milton 2012 Firefighter of the Year WHEREAS, Battalion Chief Roth Hutcheson has been selected as Firefighter of the Year for the Milton Fire Department for 2012 as nominated by his peers and selected by Command Staff; and WHEREAS, Battalion Chief Hutcheson has performed his duties as a Firefighter in a faithful and loyal manner, working for the safety of Milton citizens and the benefit of the community by putting in numerous days and hours above and beyond the requirements of his assignment, including managing several long-term projects that are essential to maintaining professional firefighting capabilities; and WHEREAS, Battalion Chief Hutcheson has worked beyond expectations in his personal life, exemplifying the type of employee Milton seeks, by taking on responsibility for three small children in their time of need at considerable personal expense of time and resources; and WHEREAS, Battalion Chief Hutcheson displays a professional and commendable demeanor with citizens and victims, and attention to the needs of his shift before his own; Now, therefore, I, the Mayor of the City of Milton, Milton City Council, and citizens of the City of Milton formally recognize Fire Battalion Chief Roth Hutcheson for his performance both as a member of the Milton Fire Department family and for his outstanding humanitarian efforts; and I further call that the City of Milton hereby recognizes the achievements of Battalion Chief Roth Hutcheson and expresses pride in presenting to him the 2012 Firefighter of the Year award. Given under our hand and seal of the City of Milton, Georgia on this 17th Day of December, 2012. ________________________________ (Seal) Joe Lockwood, Mayor City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Chief Deborah Harrell Date: Submitted on November 16, 2012 for the December 3, 2012 Regular Council Meeting (First Presentation) and December 17, 2012 Regular Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance to Amend Chapter 42, Article II, Section 42-35(a) of the City of Milton Ordinances to Create the Requirement for Pawnbrokers to Assign a Sequential Transaction Number to Document Each Transaction ____________________________________________________________________________ Department Recommendation: Approve Ordinance amending Chapter 42, Article II, Section 42-35(a) to require sequential transaction numbers. Executive Summary: The current ordinance does not require transaction numbers to be sequential. This makes it difficult for the police to monitor transactions. Funding and Fiscal Impact: None Alternatives: Maintain Ordinance as it currently exists. Legal Review: Ken Jarrard 11-26-2012 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Proposed Amendment Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 42, ARTICLE II, SECTION 42-35 (a) OF THE CITY OF MILTON ORDINANCES TO CREATE THE REQUIREMENT FOR PAWNBROKERS TO ASSIGN A SEQUENTIAL TRANSACTION NUMBER TO DOCUMENT EACH TRANSACTION BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 17, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Section 42-35(a) of Article II of Chapter 42, in regards to creating the requirement for pawnbrokers to assign a sequential transaction number to document each transaction, 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 December, 2012. _______________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk (SEAL) Page 2 of 2 Part II – Code of Ordinances Chapter 42 – SECONDHAND GOODS ARTICLE II. – PAWNSHOPS AND BROKERS Sec. 42-35. - Records and information to be maintained; display of pawnshop transaction number; identification; digital photographs; fingerprints; records storage. (a) All pawnbrokers shall maintain records documenting accurate descriptions of all property pledged, traded, pawned, exchanged, or sold to the pawnbroker. Such description shall include, to the extent possible, the manufacturer, model, serial number, style, material, kind, color, design, number of stones if jewelry, and all other identifying names, marks, and numbers. Th e pawnbroker shall assign a sequential transaction number which shall follow the previous transaction number one by one with no numbers skipped or omitted,, documenting each transaction, and ensure each item received is tagged with the pawnshop transaction number. (b) A well-focused, properly exposed, color digital photograph of all property sold to the pawnbroker shall be made at the time of acquisition of any article and of the article's serial number, which number shall be clearly visible and readable in the images if imprinted on the article. If the article was never imprinted with any type of serial number, then the image shall show the entire article. All such digital images shall be labeled and stored in such a manner that they are safe from corrupti on, readily identifiable, and readily available for review. (c) The tag bearing the pawnshop transaction number must remain attached to the item until the property is disposed of by sale, trade, or other lawful means. This paragraph does not apply to the purchase of property from licensed wholesale or distributor businesses for the purpose of retail sales; however the pawnbroker shall be required to maintain all purchasing records for property exempted from this paragraph. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Chief Deborah Harrell Date: Submitted on November 16, 2012 for the December 3, 2012 Regular Council Meeting (First Presentation) and December 17, 2012 Regular Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance to Amend Chapter 42, Article III, Section 42- 71(b)(1) of the City of Milton Ordinances to Create the Requirement for Precious Metals Dealers to Assign a Sequential Transaction Number to Document Each Transaction ____________________________________________________________________________ Department Recommendation: Approve Ordinance amending Chapter 42, Article III, Section 42-71(b)(1) to require sequential transaction numbers. Executive Summary: The current ordinance does not require transaction numbers to be sequential. This makes it difficult for the police to monitor transactions. Funding and Fiscal Impact: None Alternatives: Maintain Ordinance as it currently exists. Legal Review: Ken Jarrard 11-26-2012 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Proposed Amendment Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 42, ARTICLE III, SECTION 42-71(b)(1) OF THE CITY OF MILTON ORDINANCES TO CREATE THE REQUIREMENT FOR PRECIOUS METALS DEALERS TO ASSIGN A SEQUENTIAL TRANSACTION NUMBER TO DOCUMENT EACH TRANSACTION BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 17, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Section 42-71(b)(1) of Article III of Chapter 42, in regards to creating the requirement for precious metals dealers to assign a sequential transaction number to document each transaction, 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 December, 2012 _______________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk (Seal) Page 2 of 2 Part II – CODE OF ORDINANCES Chapter 42 – SECONDHAND GOODS ARTICLE III. – PRECIOUS METALS DEALERS Sec. 42-71. - Records and information to be maintained; display of transaction number; identification; digital photographs; fingerprints; records storage. (a) Engaging in the business of buying used or previously owned precious metals within the incorporated areas of Milton is hereby declared to affect the public interest due to the opportunity it affords for the disposal of stolen property. (b) In the public interest and as set forth herein, all precious metals dealers shall maintain records documenting all precious metals transactions as set forth herein. (1) All precious metals dealers shall maintain records documenting accurate descriptions of all property sold to the precious metals dealer. Such description shall include, to the extent possible, the manufacturer, model, serial number, style, material, kind, color, design, number of stones if jewelry, and all other identifying names, marks, and numbers. The precious metals dealers shall assign a sequential transaction number which shall follow the previous transaction number one by one with no numbers skipped or omitted, documenting each transaction, and ensure each item received is tagged with the transaction number. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on December 10, 2012 for the December 17, 2012 Regular Council Meeting Agenda Item: Consideration of a Resolution to Approve the Crabapple Livable Centers Initiative (LCI) Study as an Amendment to the City’s 2030 Comprehensive Plan. ____________________________________________________________________________ Department Recommendation: To approve the Crabapple Livable Centers Initiative (LCI) Study as an amendment to the City’s 2030 Comprehensive Plan. Executive Summary: The City of Milton 2030 Comprehensive Plan identifies the Crabapple Area as one of Milton’s future development areas with an existing master plan. The Comprehensive Plan goes on to specifically recommend that the 2003 Crabapple Crossroads Master Plan should be revised with a new planning study. The Atlanta Regional Commission’s (ARC) Livable Centers Initiative (LCI) program was mentioned as an option to pursue. In March 2011 the Crabapple Visioning Study, led by Lew Oliver, was completed, followed by the form-based code overlay and transfer of development rights (TDR) ordinance adoption in June 2012, led by Tunnel Spangler Walsh (TSW). The adopted form-based zoning overlay codified the land use, design and transportation recommendations of the 2011 Crabapple Visioning Study and serves as a new master plan for the area. The Atlanta Regional Commission’s (ARC) Livable Centers Initiative (LCI) program allows communities with existing master plans to be grandfathered into the program if the Plan meets the LCI criteria and provisions. As part of the professional services agreement with Tunnel Spangler Walsh (TSW), upon the completion of the form-based code overlay, a document combining the various Crabapple studies was formatted as the Crabapple LCI Study and submitted to ARC for consideration. ARC determined that the Crabapple LCI Study adequately reflects the goals and intent of the LCI program and it would accept Crabapple as an LCI community. LCI designation makes Crabapple eligible for implementation money including Transportation Improvement Program (TIP) grants. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 Funding and Fiscal Impact: $5,000 Alternatives: No alternatives Legal Review: Concurrent Review: Chris Lagerbloom, City Manager Kathleen Field, Community Development Director Attachment(s): 2012 Draft Crabapple LCI Study Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE CRABAPPLE AREA MASTER PLAN LIVABLE CENTER INTITATIVE STUDY (LCI) BE IT RESOLVED by the City Council and the Mayor of the City of Milton, GA while in a Regular Meeting on December 17, 2012 at 6:00 p.m. as follows: WHEREAS, the City of Milton 2030 Comprehensive Plan identified the Crabapple Area as a future development area in need of a Plan update; and WHEREAS, in March of 2011 the City completed a visioning study to capture the community’s desires for the area; and WHEREAS, in June of 2012 a form-based zoning overlay was enacted to codify the land use, design and transportation recommendations of the 2011 Crabapple Visioning Study; and WHEREAS, following the adoption of the form-based code overlay and transfer of development rights ordinance, a document that combined the various Crabapple studies was packaged to fit the Atlanta Regional Commission’s (ARC) Livable Center Initiative Study (LCI) format; and WHEREAS, the Atlanta Regional Commission (ARC) offers communities the opportunity to submit existing plans for LCI designation through the grandfathering process; and WHEREAS, ARC determined that the Crabapple LCI Study has all the components required for LCI designation; and WHEREAS, the Planning Commission reviewed the Crabapple LCI Study and on November 27, 2012 at its regular meeting, the Planning Commission recommended approval of the Crabapple LCI Study; and WHEREAS, adoption of the Crabapple LCI Study will amend the 2030 Comprehensive Plan and serve as the small area master plan for the Crabapple Area as defined in the Study. NOW THEREFORE BE IT RESOLVED, that the City Council and the Mayor of the City of Milton does hereby adopt the Crabapple Livable Centers Initiative (LCI) Study as an amendment to the City of Milton 2030 Comprehensive Plan. Page 2 of 2 RESOLVED this 17th day of December 2012. Approved: ____________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie AM Gordon, City Clerk (Seal) CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY CITY OF MILTON Prepared by Tunnell-Spangler-Walsh & Assoc. and Whole Town Solutions 10/5/12 DRAFT - FOR ADOPTION CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 2 10/5/12 DRAFT - FOR ADOPTION ACKNOWLEDGEMENTS Mayor Joe Lockwood City Council Karen Thurman Matt Kunz William C. “Bill” Lusk, P.E. Burt Hewitt Joe Longoria Lance Large Community Development Director Kathleen Field Consultant Team Tunnell-Spangler-Walsh & Associates Whole Town Solutions CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 3 10/5/12 DRAFT - FOR ADOPTION TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Regional Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 LCI Program Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Study Area Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 2030 Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 EXISTING CONDITIONS ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Urban Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Historic Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Environment & Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 PUBLIC OUTREACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 The Charrette Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Crabapple Conceptual Master Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 TRANSPORTATION RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 Thoroughfare Typologies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 “A” Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 “B” Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Rural Viewshed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 Transportation Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 OTHER RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Other Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 ACTION PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Project Maps and Matrices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Zoning and Land Use Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 POPULATION AND EMPLOYMENT CHANGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 CONSISTENCY WITH LCI COMPONENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 APPENDIX A: MARKET STUDY APPENDIX B: TRANSPORTATION STUDY CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 4 10/5/12 DRAFT - FOR ADOPTION This page has been intentionally left blank CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 5 10/5/12 DRAFT - FOR ADOPTION INTRODUCTION The Livable Centers Initiative (LCI) program is intended to promote greater livability, mobility and development alternatives in existing corridors, employment centers, and town centers. The program’s rationale is that focussing mixed-use development into areas with existing infrastructure will benefit the region and minimize sprawling growth patterns. This, in turn, could reduce the amount of vehicle miles traveled and the air pollution associated with those miles. Thus, the LCI program is a vehicle whereby the Atlanta Regional Commission (ARC) can promote a thoughtful relationship between transportation and land use by providing study and implementation dollars. Crabapple embodies many of the elements of the LCI program. The area already features a mixed-use core; walkable, interconnected streets; public facilities; open spaces; and a range of housing types. Furthermore, the 2011 Crabapple Visioning Study calls for enhancing the area’s village character with new bicycle and equestrian facilities, sidewalks, streets, and a mix of uses, and housing types. In this context, this study has been prepared to incorporate recommendations from the Crabapple Visioning Study and other City initiatives into a document suitable for grandfathering as an LCI study. By doing this, the City of Milton will be eligible to apply for LCI implementation funds that can bring the area’s vision closer to reality. Regional Context Crabapple lies in North Fulton County three miles northwest of downtown Alpharetta and 28 miles north of downtown Atlanta. The closest major highway is Georgia 400, which is several miles away via Mid Broadwell Road and Old Milton Parkway. This provides indirect access to the rest of the region, but has also preserved the area’s character by limiting the growth found closer to the highway. LCI Program Goals The goals of the LCI program are to: Encourage a diversity of medium to high- density, mixed-income neighborhoods, employment, shopping and recreation choices at the activity and town center level. Provide access to a range of travel modes including transit, roadways, walking and biking to enable access to all uses within the study area. Encourage integration of uses and land use policies/regulations with transportation investments to maximize the use of alternate modes. Through transportation investments, increase the desirability of redevelopment of land • • • • Integrated planning of transportation and land use is a primary goal of the Livable Centers Initiative Regional context of the study area CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 6 10/5/12 DRAFT - FOR ADOPTION served by existing infrastructure at activity and town centers. Preserve the historic characteristics of activity and town centers and create a community identity. Develop a community-based transportation investment program at the activity and town center level that will identify capital projects, which can be funded in the annual Transpor- tation Improvement Program (TIP). Provide transportation infrastructure incen- tives for jurisdictions to take local actions to implement the resulting activity or town center study goals. Provide for the implementation of the Regional Development Plan (RDP) policies, quality growth initiatives and Best Development Practices in the Study Area, both through local governments and at the regional level. Develop a local planning outreach process that promotes the involvement of all stake- holders, particularly low income, minority and traditionally under-served populations. Provide planning funds for development of activity and town centers that showcase the integration of land use policy and regulation and transportation investments with urban design tools. Study Area Overview The Crabapple LCI study area encompasses 963 acres surrounding the historic crossroads of Birmingham Highway and Crabapple Road, as shown on the following page. Most of the study area lies north of Crabapple Road/Mayfield Road, and includes Crabapple Crossing Elementary School and Northwestern Middle School. The study area also includes the neighborhoods of Arbor North, Braeburn, Crabapple Crossing, Crabapple Crossroads, Crabapple Station, Kensington Farm, Old Place Drive, Six Hills, and Waterside. • • • • • • The study area includes a number of residential developments on both sides of Crabapple Road 2030 Comprehensive Plan Milton’s 2030 Comprehensive Plan designates Crabapple Crossroads as a future development area. It defines general desired aspects of development in the area, including: A village-like core surrounded by lower den- sity rural development. Buildings integrated architecturally with the site and each other. Pedestrian-friendly development. A mix of uses. Trails connecting to the larger community. Protected viewsheds and environmentally sensitive areas; minimal impacts on nearby rural land. • • • • • • The 2030 Comprehensive Plan designates Crabapple as a character area L L 140 372 Crabapple BethanyRdBethanyRdMMaark CC rr a a bba a p p pplBBrrooookkLLnnr PPrruuiitttt DDrr BBrrooookk CC iirr E d e n W ild e D rE d e n W ild e D rCC aarryybbeell ll L L nnSSiinn gg lleettrreeee TTrrcc ee BB aassccoommbb FFaarrmm DD rr S t o n e D rStoneDr AA bbbb ee yy CC tt KK nniigg hh tt ssbbrr ii d d g g ee WWSummerhillDrSummerhillDrSt Michelle Ln StMichelle Ln GardenGatePassGardenGatePassMornin g Dew C irMorningDewCir K n oll C re st C t K n oll C re st C t CelestialWayCelestialWayo v e C toveCt Ar nol dMAr nol dMi FirFir Fire Station #41 CrabappleFire Station #41 Crabapple Crabapple Community HouseCrabapple Community House Milton High SchoolMilton High School Northwestern Middle SchoolNorthwestern Middle School Crabapple Crossing Elementary SchoCrabapple Crossing Elementary Scho he Potter Schoolhe Potter School AAr r nnooll dd MMii ll ll RRddCC rraa bb aa pp pp llee RR dd BethanyRdBethanyRdNewProvidenceRdNewProvidenceRdBroadwellRdBroadwellRddd G r e e n R dGreenRd SScchhoo ooll DDrr McFarlin LnMcFarlinLn Ranchette RdRanchetteRd AArraa bbiiaannAAvvee KKee nn ssiinnggttoonn FFaarrmmss DDrr LLeecc oommaa TT rr cc ee OO ww ee nn ssLLaakkeeRRdd P r u i t t D rPruittDr SS ii mm mm oonnssHHiillllRR dd DDu u n n b b rrooddyyDDrr OO lldd CCeeddaarr LLnn WWaatteerr ss iiddee DD rr PPeett ee rr ss ff oo rrdd WW aa yy T T rr ootttteerr RRuunn WaterhavenLnWaterhavenLnOOww ee nnss FF aa rr mm R R ddOwensBridgeRdOwensBridgeRd BBrraann yyaann TTrrll BrookeiveyLnBrookeiveyLnWhakerCt WhakerCt Arbor North WayArborNorthWay Crabapple Cir Crabapple Cir S p rin gF a llsR d S prin g F a llsR d SixHillsLnSixHillsLnCrabapple HillCrabappleHill EtchisonLnEtchisonLnCr o y t o nTe rCr o y t o nTe r CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 7 10/5/12 DRAFT - FOR ADOPTION Study Area Overview MapStudy Area Overview Map Birmingham HwyBirmingham HwyCrabapple RdCrabapple Rd Broadwell RdBroadwell RdMay field RdMay field Rd M i d B r o a d we ll Rd M i d B r o a d we ll RdArno l d Mill RdArno l d Mill Rd CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 8 10/5/12 DRAFT - FOR ADOPTION EXISTING CONDITIONS ANALYSIS The following provides an overview of existing conditions within the Crabapple study area in a number of functional areas. Land Use Crabapple has a mix of land uses, as shown on the following page. Land at its fringes is rural or made up of large residential lots, while the crossroads itself is a mix of retail, restaurants, small lot residential, and other uses. In general, this pattern is compatible with LCI planning principles in that it provides some daily uses within a short walk of many houses, offers a range of housing types, and provides schools and religious facilities within the larger community fabric. Despite these positive attributes, Crabapple is still a work in progress. The community contains several unbuilt commercial or mixed- use development sites and dozens of vacant home lots. In addition, it fails to provide many neighborhood commercial uses or the housing types necessary to accommodate the needs of aging Milton residents. Zoning In June of 2012 a form-based zoning overlay was enacted for the Crabapple community to codify the land use, design, and transportation recommendations of the Crabapple Visioning Study. This overlay is based on a locally- calibrated SmartCode providing a range of Transect Zones (T-Zones) for areas likely to develop, Special Districts (conventional zoning) for existing neighborhoods, and incentives for open space preservation. The code is tied to a regulating plan that provides the location of T-Zones, open spaces, streets, greenways, and similar location-specific elements. Transportation Crabapple is characterized by two roads, which intersect at the heart of the community. Crabapple Road, which becomes Mayfield Road east of the crossroads, carries an estimated 16,050 vehicles per day according to the Georgia Department of Transportation. Birmingham Highway, which becomes Broadwell Road south of the crossroads, carries and estimated 5,640 vehicles per day south of the crossroads and 9,400 vehicles per day north of the crossroads. These numbers indicate that the crossroads intersection itself may see more than 25,000 vehicles per day, which is a significant amount of traffic for an intersection of two-lane roads, although turning lanes are present. Sidewalks are provided on many streets but are not complete on major roads and do not connect to adjacent areas. The provision of alleys for many residential developments means that sidewalks are not interrupted by driveways and are therefore more continuous and safe. In general, the walking and bicycling environment in the study area is safe, due to the lack of wide, high-speed roads, but improvements could be made to make beginner cyclists, children, and the elderly more comfortable. No dedicated bicycle or equestrian paths existing within the study area. A historic mixed-use node at the Crabapple crossroads forms the heart of the community CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 9 10/5/12 DRAFT - FOR ADOPTION Existing Land Use PatternsExisting Land Use Patterns Birmingham HwyBirmingham HwyCrabapple RdCrabapple Rd Broadwell RdBroadwell RdMay field RdMay field Rd M i d B r o a d w e ll Rd M i d B r o a d w e ll RdArno l d Mill RdArno l d Mill Rd CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 10 10/5/12 DRAFT - FOR ADOPTION Existing ZoningExisting Zoning Birmingham HwyBirmingham HwyCrabapple RdCrabapple Rd Broadwell RdBroadwell RdMay field RdMay field Rd M i d B r o a d w e ll Rd M i d B r o a d w e ll RdArno l d Mill RdArno l d Mill RdAG-1AG-1 R-2R-2 T3T3 T2T2 CUPCUP R-4R-4 T4T4 T4T4 T5T5 T2T2 T2T2 CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 11 10/5/12 DRAFT - FOR ADOPTION The entire study area lies within the MARTA service area, but the nearest bus service is three miles away in downtown Alpharetta, where the 185 and 140 buses take passengers to Roswell and the North Springs rail station. Urban Design The area surrounding Crabapple is made up of large rural blocks of two to five miles in perimeter. This low density intersection is adequate to accommodate rural traffic volumes but could benefit from additional connections. Within the study area, different private developments have worked to build interconnected streets that form a much finer grid that is more appropriate for the more compact, walkable development it serves. This grid also provides additional options for drivers to avoid traffic on the two major roads. The size of lots within the study area varies significantly, from townhouse lots of only 2,000 square feet to rural parcels of four to five acres. While larger parcels on the periphery of the area are expected to retain their rural character, lots closer to the crossroads are likely to be subdivided as development occurs. These overall patterns are consistent with smart growth principles of finer-grained, more intense land uses at nodes. Existing Road and Street NetworkExisting Road and Street Network CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 12 10/5/12 DRAFT - FOR ADOPTION Most buildings in the study area front the street with entrances, windows, porches, and other pedestrian features. Exceptions to this include some automobile oriented businesses near the crossroads, and a number of houses with prominent front garages. Historic Resources Milton takes its name from Milton County, which was named for John Milton, Georgia’s first secretary of state. During the American Revolution, Milton traveled to Charleston, South Carolina, and New Bern, North Carolina before moving to Maryland with the official records of the state while the English occupied Georgia. Campbell and Milton Counties merged with Fulton County in 1932.1 Thirty years before Stephen Long placed a stake at the zero mile post of the Western and Atlantic Railway in the area that today is known as Underground Atlanta, settlers moved into north Fulton County in the area known as Crabapple. The small group of buildings is the oldest town in the area, predating Roswell by some 20 years and Alpharetta by many more. Birmingham, another small town north of Crabapple was also founded about the same time. The two towns sat on a north-south trading path used by the Cherokee. The path followed present-day Birmingham Highway, which runs on a ridge-top between the two villages.1 The preservation of Crabapple’s historic buildings is of the utmost importance, particularly because the historic fabric of the area has not been eroded by automobile-oriented sprawl found in so many American communities. Environment & Open Space There are no public parks within the study area, although all properties include private greenspace. While the historic community rests within a garden-like setting, there is no ceremonial town green, nor is there a 1 Roadside Georgia, “Archives of Fulton County,” 2006, Roadsidegeorgia.com recreational park. Woodlands exist immediately outside of the crossroad, but access is either privatized or is compromised with retention structures. No major bodies of water or wetlands existing within the study areas, and the few streams that exist are minor due to the topography. Public Facilities The only public facilities within the study area are the Crabapple Crossing Elementary School, Northwestern Middle School, and the City of Alpharetta Government Center. Although there are no public parks in Crabapple, a good deal of open space remains that may be suitable for future park use Thanks to a long-standing zoning overlay, recent development has fronted the street in a pedestrian-friendly manner CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 13 10/5/12 DRAFT - FOR ADOPTION PUBLIC OUTREACH Public outreach informing this LCI study occurred at a charrette held on March 14 through 29 of 2011. The charrette was led by Lew Oliver, Inc., a Roswell-based town planner commissioned by the City of Milton to study the Crabapple community, review procedures and plans, and to make recommendations to repair and “complete” the vision for the area. During the charrette a variety of outreach efforts were undertaken. Extensive visual surveys, a series of nine stakeholder meetings, and three public presentations with questions, answers, and written comments were central to these and provided background for new recommendations and plans. The Charrette Process A charrette is an intensive, multi-disciplinary design workshop intended to bring together all parties that have an interest in a particular design problem. In architecture and urban planning, most charrettes are multi-day events held on or near the proposed construction site. Charrettes draw together a variety of professionals, architects, urban planners, developers, city engineers, and county staff to produce a comprehensive master plan that can serve as a blueprint for a revitalized town. Informed by the local business community, civic groups, citizens, and local elected officials, the plan is a cocreation of the community. By including all interested people at this stage of the project, problems can be identified early in the design process and conflicts can be resolved quickly to everyone’s satisfaction. The final product of a charrette is a comprehensive document that serves as a complete guide for the redevelopment effort. The work benefits from as wide an array of individuals as can reasonably be assembled, and the sum of this involvement gives the town the best chance to be a success economically, socially, and aesthetically. Visioning Study Mission Statement During the charrette the consultant worked with stakeholders to establish “big” ideas to guide the process: Do not build for additional com- muter traffic. Doing so will only encourage more. Provide Multi-modal transportation options; pedestrian, equestrian, bicycling, LSMV, and auto are all sound options. Complete the community...the fab- ric. Do so by adding small-scaled retail, and housing for the young and mature alike. The completion should be organic in composition, reflecting the architectural traditions that are particular to the area. Provide for the physically challenged with barrier free streets, trails, and buildings. Provide for those who must live frugally. Build a community for the families of North Fulton. This involves much more than for-profit planning, but can include the developer as a vehicle to accomplish the goal. Transfer of Development and Con- servation Platting are means by which to have more diverse towns and save the countryside from fur- ther suburban sprawl. With these in mind, a consensus-based plan was developed that balances traffic concerns, the need for a complete community, economic gain, civic and green space preservation, future civic building sites, and preservation of the scenic countryside to improve Crabapple’s quality-of-life. A. B. C. D. E. F. CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 14 10/5/12 DRAFT - FOR ADOPTION Crabapple Conceptual Master PlanCrabapple Conceptual Master Plan Crabapple Conceptual Master Plan The wide range of ideas emerging from the Crabapple charrette were synthesized in the Crabapple Conceptual Master Plan, which shows how the existing and new development can seamlessly blend to achieve the community’s vision of a “village center” for Milton. The plan, shown above, is based on achieving a balance of transportation and land use that accommodates new development while still preserving some of Crabapple’s rural character. The plan also shows conceptual layouts for new neighborhoods that would enhance, rather than detract from, Crabapple’s quality of life. Connecting existing and new neighborhoods, civic uses, and proposed parks, a system of multi-use paths, greenways, and new streets is envisioned. CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 15 10/5/12 DRAFT - FOR ADOPTION TRANSPORTATION RECOMMENDATIONS Transportation for the Crabapple community has been conceived of and designed to optimize existing street patterns, repairing and infilling to promote greater movement and choice. Presently, few options exist for circumventing the bottleneck that occurs almost daily at Crabapple Road and Birmingham Highway. Specifically, the community seeks resolutions for the current dysfunction: Facilitate traffic from Crabapple Road to northbound Birmingham Highway. Alleviate school queuing on Birmingham Highway. Enable left turns from Charlotte Drive onto Mayfield Road. Relieve long intersection queues. Provide connectivity. Provide calming, allowing for a “Main Street” to develop. With few exceptions, the community has resisted any notion of road widening; instead, opting for localized relief that includes intersection improvements, expanded alternatives to driving, and the creation of a more comprehensive transportation network. In walkable areas where the design of roadways is balanced with the surrounding land uses, a small amount of traffic congestion or commuter “friction” is generally deemed to be appropriate, particularly if the alternative (i.e. road widenings) could destroy the community’s identity. In Crabapple expanding the transportation network is a key element of the community’s future. Existing and proposed arterials, neighborhood streets, sidewalks, and multi- use paths (green streets) are recommended to improve mobility and accessibility for different users. Two roundabouts are also suggested for A. B. C. D. E. F. The community has resisted any notion of road widening A goal for Crabapple’s future is that it provides a “Main Street” setting that supports many types of transportation Development patterns already support walking in many parts of Crabapple, including along Broadwell Road CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 16 10/5/12 DRAFT - FOR ADOPTION Proposed Thoroughfare NetworkProposed Thoroughfare Network calming traffic and conducting a seamless flow to prevent bottlenecks. Plans and sections detailing the improvements illustrate barrier free systems and connectivity not necessarily related to cars. It is suggested that Milton coordinate with Alpharetta to the Southeast and Roswell to the southwest to tie into these cities’ multi-use path systems, and jointly plan areas that lie in both cities. Green streets are a viable option to relieve congestion, promote outdoor activity, enable mature adults greater freedom, and reduce air pollution. Thoroughfare Typologies In addition to providing new greenways, paths and streets, collectively known as “thoroughfares,” a key part of the Crabapple vision is ensuring that these facilities serve multiple users. Streets should be “complete streets” designed for use by walkers and bicyclists of various abilities, as well as drivers. Similarly, greenways or multi-use paths should consider walkers, bicyclists, horse riders, and even LSMV use. The sections on the following pages illustrate recommendations for how different thoroughfares can meet these needs. CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 17 10/5/12 DRAFT - FOR ADOPTION This section shows creek, required creek setbacks, bridle path in river sand or loose gravel, and multiuse trail in compacted gravel or pavement Greenways could include both bridle paths (left) and multi-use paths in compacted gravel or pavement (right) CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 18 10/5/12 DRAFT - FOR ADOPTION “A” Streets “A” Streets are arterials. They function as commuter routes, or necessary relief for commuter routes, and are therefore non-optional. The construction of them is of the highest priority. The proposed additional arterials provide relief from the congested crossroads of State Route (SR) 372 at Crabapple Road and Charlotte Drive at Mayfield Road. In addition, an extension of Charlotte Drive northward would remove much school queuing from SR 372, transferring it to a non-commuter arterial east of the school locations. Arterials conduct large traffic volumes while also providing the primary forum for retailers. Hence, they must manage all modes of transportation: pedestrian, bicycle, LSMV’s, and automotive. They also must provide for emergency access. The plan and section show the addition of canopy trees within brick sidewalks curbed in granite. This detail will provide vertical structure and a “ceiling” to calm traffic and civilize the space between building facades. Trees suitable for urban locations with an open limb structure include bald cypresses, allee elms, or willow oaks. ‘A’ Street 1 Plan‘A’ Street 1 Plan CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 19 10/5/12 DRAFT - FOR ADOPTION CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 20 10/5/12 DRAFT - FOR ADOPTION The plan above and the sections on the following page show addition of parallel parking and street trees planted within slightly mounded granite cobbles. Bike racks double as protection of tree trunks. ‘A’ Street Plan 2 Plan‘A’ Street Plan 2 Plan CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 21 10/5/12 DRAFT - FOR ADOPTION ‘A’ Street Plan 2 Sections‘A’ Street Plan 2 Sections CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 22 10/5/12 DRAFT - FOR ADOPTION The plan above and sections on the following page show addition of bicycle commute lanes with (2a) and without (2b) the multi-use path. ‘A’ Street 2a Plan‘A’ Street 2a Plan CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 23 10/5/12 DRAFT - FOR ADOPTION ‘A’ Street 2a Sections‘A’ Street 2a Sections ‘A’ Street Plan 2b Section‘A’ Street Plan 2b Section CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 24 10/5/12 DRAFT - FOR ADOPTION “B” Street “B” Streets are conceived as neighborhood connectors, the finer grained street network necessary for easing traffic point loads and for the development of residential neighborhoods and boutique scaled retail. It is a system highly recommended for the creation of a highly interactive and healthy town, but is of lesser priority than construction of the “A” Street system. Plans and details call for two-way auto traffic on no-curb streets, sheet flowing into bio-swales (planted in native water absorbing thickets), with or without on-street gravel parallel parking and bike lanes. Sidewalks tangle from 5 to 8 feet wide and may be executed in compacted granite fines or pavement to match. Where desired, two-way streets may be bifurcated for tree preservation or traffic calming, the added benefit being the ability to maneuver side falling grades. LSMV’s are licensed for use on the “B” Street network and cross “A” Street arterials at designed points only. ‘B’ Street 1 Plan‘B’ Street 1 Plan CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 25 10/5/12 DRAFT - FOR ADOPTION “B” Street 1 and 1a Sections“B” Street 1 and 1a Sections CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 26 10/5/12 DRAFT - FOR ADOPTION “B” Street 2“B” Street 2 CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 27 10/5/12 DRAFT - FOR ADOPTION “B” Street 2 (continued)“B” Street 2 (continued) CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 28 10/5/12 DRAFT - FOR ADOPTION Rural Viewshed The section above provides a multi-modal conduit through the countryside. Pedestrians, LSMV’s, bicycles, and automobiles are accommodated on a system that lowers auto dependency. The three road surfaces are separated by native thickets and rail fences. Ideally, they should be constructed with varying elevations relating to minimal land disturbance. Transportation Projects The following projects support the transportation vision on the previous pages. Each project includes a project number which is shown on the Project Map and in the 5-Year Implementation Matrices. Additionally, projects indicated with an asterisk, come from the City of Milton Comprehensive Transportation Plan (CTP). Northwest Connector (T-1)* This crucial connection, also known as “the bypass” would provide a direct “complete street” for those traveling east on Crabapple Road and desiring to turn north on Birmingham Highway. Northeast Connector (T-2)* This project, actually a series of several interconnecting “complete streets,” would provide an alternate route for those travelling west on Mayfield Road and wishing to turn north on Birmingham Highway. It would also provide additional routes to the elementary and middle schools. Southeast Connector (T-3)* This link between Mayfield Road, Mid Broadwell Road, and Broadwell Road would provide an alternate “complete street” between these roads. School Drive widening (T-4) Widening this existing road from three to four lanes would allow better access to schools and improve connectivity in the broader area. Crabapple Road lane reconfiguration and medians (T-5)* Creating a consistent five-lane “complete street” section for Crabapple Road rather than its current variation between three and five lanes will help traffic flow and enhance aesthetics. A planted median should also be added. Details can be found in the CTP. Rural ViewshedRural Viewshed CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 29 10/5/12 DRAFT - FOR ADOPTION Crabapple crossroads pedestrian improvements (T-6) These improvements along Mayfield Road, Broadwell Road, and Birmingham Highway will make walking safer within the core of Crabapple. Intersection Improvements at Crabapple Road and Birmingham Highway (T-7)* This congested intersection should be improved with the addition of turn lanes. Signal retiming at Crabapple Road and Birmingham Highway (T-8)* This signal handles a large volume of traffic and should be retimed to allocated more time to east- west movement. Pedestrian signals should also activate automatically during each cycle and show the walk symbol for as long as possible. Intersection improvements at McFarlin Lane and Birmingham Highway (T-9)* This project calls for a single-lane roundabout in conjunction with project T-1. Note: The CTP recommended additional turn lanes at this location, but further study has established that a roundabout is superior. In addition McFarlin Lane is referred to as Bentworth Lane in the CTP. Intersection improvements at Mayfield Road and Charlotte Drive (T-10).* This project includes a single lane roundabout built in conjunction with project T-2. Note: The CTP recommended additional turn lanes at this location, but further study has established that a roundabout is superior. Intersection improvements at Itaska Walk and Crabapple Road (T-11)* This intersection should be signalized when warranted and include a southbound left turn lane on Itaska Walk. Operations are expected to improve when project T-1 is built. Intersection improvements at Dunbrody Drive and Broadwell Road (T-12)* This intersection should be signalized when warranted and include additional turn lanes to improve traffic flows. This graphic from the GDOT Concept Report for the SR 372/ Crabapple Intersection Improvements shows projects T-1 (partial), T-7, and T-9 Crabapple Road lane reconfiguration and medians could help traffic flow and aesthetics Birmingham Hwy.Crabapp l e R d. CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 30 10/5/12 DRAFT - FOR ADOPTION Intersection improvements at Crabapple Road and Crabapple Chase Drive (T-13) This project calls for a single-lane roundabout built in conjunction project T-1. Intersection improvements at Charlotte Drive and Mid-Broadwell Road (T-14) Currently Charlotte Drive is stop-controlled while Mid Broadwell is free flow. Because this intersection is located on a curve and there is a heavy through volume on Mid Broadwell (many vehicles make the right turn from Mayfield Road onto Mid Broadwell Road) a traffic analysis for this intersection showed that a multiway stop or a roundabout would improve operations. Supplemental Study of Crabapple Road at Green Road (T-15a) This study will assess multi-modal improvement concepts at this high volume intersection. Both roads carry traffic to and from SR 140, resulting in a location that is problematic for both drivers and non-drivers. Intersection improvements at Crabapple Road and Green Road (T-15b) Implement improvements per the supplemental study. These would likely be a traffic signal, improved turn lanes, and improved pedestrian crossings. New private streets west of Lecoma Trace (T-16) Streets should be constructed with new development to provide additional connectivity for existing and proposed development. Bicycle route signage (T-17) Bike route signage should be installed to indicate desired routes to cyclists and help increase awareness among drivers. Crabapple Road/Mayfield Road golf cart/ pedestrian way (T-18) This project should be constructed parallel to the road to provide alternative transportation options. Birmingham Highway/Broadwell Road golf cart/pedestrian way (T-19) This project should be constructed parallel to the road to provide alternative transportation options. Greenway Trails The following greenways should be constructed per the cross section shown in this plan to provide connectivity to and through Crabapple for those on foot, bicycle, horse, or LSMV. Greenway A: Crabapple Road from near Tensas Trace to Arnold Mill Road (T-20) Greenway B: Northwest Crabapple Green- way (T-21) Greenway C: Birmingham Park Greenway from Crabapple to Birmingham Park (T-22) Greenway D: Six Hills Greenway from NW Crabapple Greenway to northwest (T-23) Greenway E: from Birmingham Highway past Village Green to Dunbrody Drive (T-24) • • • • • Recent development has expanded the roadway and sidewalk network; this trend should continue Greenways will connect adjacent areas to Crabapple and provide an alternative to driving CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 31 10/5/12 DRAFT - FOR ADOPTION Greenway F: Milton High School Greenway (T-25) Greenway G: Freemanville Road (T-26) Greenway H: Village Green/Mayfield Road connector to Alpharetta (T-27) Greenway I: Northwestern Middle School Greenway (T-28) Greenway J: Village Greenway Connector (parallel to Broadwell Road) (T-29) Greenway K: Southeast to Alpharetta (T-30) Greenway L: Southwest to Alpharetta (T-31) Public Parking Grove (T-32). This public parking area should be designed with significant tree canopy and should consider the use of pervious pavement or less strictly delineated parking spaces to create a more informal appearance, while expanding public parking offerings for local businesses. Public Parking Deck (T-33). This project could replace the parking grove above and include 200-250 spaces if additional need for parking were to arise. Its location is to be determined. Safe Routes to School Improvements (T-34) This project includes sidewalks on Birmingham Highway, Broadwell Road, Crabapple Road, and Kensington Farms Drive. It also includes raised intersections on School Drive, improved signage and crossings on Birmingham Highway within the school zone. Mayfield Road sidewalks from Charlotte Drive to Freemanville (T-35) Wayfinding Signs (T-36) Wayfinding signs could direct visitors arriving by car, bicycle, horse, or on-foot to Crabapple’s offerings. They could also provide drivers with awareness of the area’s parking facilities, thereby minimizing the amount of time spent looking for parking. Parking Study (T-37) As Crabapple grows it will be necessary to undertake a comprehensive review of its parking needs. This LCI supplemental study would explore current • • • • • • • A parking grove should include dense shade tree plantings and impervious surface to provide high-quality parking for local businesses (photo © Trees Atlanta) and future parking needs, with attention given to maximizing opportunities for shared parking, public parking, and similar best practices. Green Street and Pedestrian Study (T-38) This supplemental study would refine the green street and pedestrian framework emerging from the Crabapple Visioning Study. It could include an assessment of the feasibility of said streets and how they tie into the area’s pedestrian infrastructure, with special attention given to pedestrian connectivity where new street connections may not be possible. Consideration of pedestrian crossings in proposed intersection projects could also be included. Wayfinding signs could direct visitors to Crabapple’s attractions CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 32 10/5/12 DRAFT - FOR ADOPTION OTHER RECOMMENDATIONS Open Space Expanding open space is also a major component of this plan. The previously designed recreational park between the Elementary School and the High School, the addition of the Village Green and a pond and meadow park, and the enhancement of the pond located in the southwest quadrant would provide needed public green spaces. The Village Green would either be one sided, or would straddle Crabapple Road, depending on the availability of real estate. Located at the crossroad, it presently consists of a fuel station and the Alpharetta Municipal Court Building front yard. Either or both parcels would be optimal for a town center, located at the psychological center of Milton. Milton City Hall could clearly occupy a strategic corner, in the tradition of North Georgia towns such as Dahlonega or Madison. The pond and meadow site, located on Mayfield Road is presently privately owned and is suitable for residential development. Ironically land on the upper side of the same parcel is not served by sewer connections and therefore cannot be built on. Illustrated in the plan is that same unbuildable land transferred to the roadside, where combined with the pond, would make a highly aesthetic rural preservation area suitable for passive recreation and fishing. The new neighborhood could be built with a suitable traffic buffer while enjoying close proximity to the school systems. The pond located on Danesfeld Drive in the southwest quadrant is shared by many including outsiders to the neighborhood. It should be obtained, groomed, and maintained as a City park. Greenways (which include green streets in the village core and multi-use paths in other areas) connect parks to the greater Milton system, and to future tie-ins to Alpharetta, Roswell, Cherokee County, and Forsyth County. With density being transferred out of rural zones, there is the opportunity to form land trusts for the preservation of permanent open spaces for passive uses and equestrian activities. The greenway system would form links to such zones, especially along tributary zones. Roundabouts complete the park system as ceremonial entrances to the crossroad and places for public art. Other Projects New Milton City Hall (O-1) A new Milton City Hall could potentially be located within the study area, at a location to be determined, to serve as an important civic anchor. Village Green (O-2) The Village Green should be constructed where shown on the map above as a public amenity. Pond and Meadow Site (O-3) The pond and meadow site has the potential to be the premier open space in Crabapple, and could be integrated with surrounding development. Elementary School Park (O-4) A new small park adjacent to the existing Crabapple Crossing Elementary School would provide additional recreation opportunities for students and the community. The proposed Village Green could be fronted by a reconstruction of the Milton County Courthouse, destroyed in Alpharetta in the twentieth century CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 33 10/5/12 DRAFT - FOR ADOPTION Recommended Open SpaceRecommended Open Space Crabapple Form Based Code (O-5) A form- based zoning code will guide development in ways consistent with the LCI vision. Historic Design Guidelines (O-6) Guidelines will regulate existing historic structures and new structures in historic districts to ensure that history is preserved and new construction is compatible. Public Art (O-7) The addition of public art to the Crabapple area could enliven the public realm, help create a gathering place, and/or preserve memories of the past. Pocket Parks with Development (O-8) As land continues to develop, pocket parks should be provided for public use. Street Tree Inventory (O-9) Community Gateways (O-10) Milton Library (O-11) The proposed library will serve the entire City of Milton. CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 34 10/5/12 DRAFT - FOR ADOPTION ACTION PLAN Project Maps and Matrices A requirement of the LCI program is the preparation of project matrixes and maps. The action matrices list all proposed projects, along with timelines, responsible parties, and cost estimates. The matrices are intended to serve as a blueprint for achieving the community’s vision for the future. Most recommendations are provided on an aggressive five year timeline, although some may extend beyond this time period if funding is delayed or not available. Projects in the near future represent those addressing areas with the most critical need, or those where public investment can spur private investment. Longer- term projects are less urgent, but equally key to the ultimate success of this plan. Zoning and Land Use Changes The LCI program also requires governments Public investments in Crabapple will support private development consistent with the vision for creating a village center for the City of Milton Other Project 5-Year Implementation MatrixOther Project 5-Year Implementation Matrix ID Description Cost Starting Year Responsible Party Funding Source O-1 New Milton City Hall TBD TBD City City O-2 Village Green $300,000 TBD City City O-3 Pond and Meadow Site $1,966,000 TBD City City O-4 Elementary School Park $174,750 TBD Fulton Co. Board of Ed. Fulton Co. Board of Ed. O-5 Crabapple Form Based Code $25,000 2011 City City O-6 Historic Preservation Guidelines $5,000 2012 City City O-7 Public Art TBD Ongoing City, Private City, Private O-8 Pocket Parks with Development TBD Ongoing Private Private O-9 Street Tree Inventory $20,000 2012 City GA Forestry Commission O-10 Community Gateways $10,000 2012 City Gateway Grant, General Fund O-11 Milton Library $7,000,000 2013 Fulton County Library Fulton County to state whether or not the proposed plan is consistent with the community’s future land use plan and zoning code. In the case of Crabapple, there are no inconsistencies between either element and the vision of this plan. In fact, the recent adoption of the Crabapple Form-Based Code specifically included a regulating plan that codified many elements of this LCI plan. CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 35 10/5/12 DRAFT - FOR ADOPTION Project MapProject Map ¯ Proposed Greenway Proposed Multi-Use Trail Proposed Bicycle Route Existing Thoroughfare Proposed Thoroughfare ;;;;;;Potential Connection to Alpharetta Potential Connection to Alpharetta ;Potential Connection to Alpharetta ;;!T-22 !T-20 !T-16 !T-21 !T-23 !T-21 !T-17 !T-31 !T-30 !T-20 !T-12 !T-29 !T-7 T-8 !T-19 !T-1 !T-2 !T-3 !T-4 !T-5 !T-6 !T-9 !T-10 !T-11!T-13 !T-14!T-15 !T-19 !T-24 !T-25 !T-26 !T-27 !T-28 !T-32 T-33 !T-34 !T-35 !T-19 !O-3 !O-3 !O-2 !O-11Birmingham HwyBirmingham HwyCrabapple RdCrabapple Rd Broadwell RdBroadwell Rd Ma yfield Rd Ma yfield Rd M i d B r o a d w e l M i d B r o a d w e lArno l d Mill RdArno l d Mill Rd CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 36 10/5/12 DRAFT - FOR ADOPTION Transportation Project 5-Year Implementation MatrixTransportation Project 5-Year Implementation Matrix ID Description Type Engineering Year Engineering Costs ROW Year ROW Costs T-1 Northwest Connector: New "complete street" from Crabapple Rd to Birmingham Hwy Rdwy/Gen Purp Cap 2012 $500,000 2013 $1,700,000 T-2 Northeast Connector: New "complete street" Rdwy/Gen Purp Cap 2018 $200,000 2019 $1,000,000 T-2a From Birmingham Hwy to Mayfield Rd Rdwy/Gen Purp Cap T-2b From connector to Bascomb Farm Dr extension Rdwy/Gen Purp Cap 2018 $100,000 2019 $500,000 T-2c Bascomb Farm Dr extension to Kensington Farms Dr Rdwy/Gen Purp Cap 2018 $100,000 2019 $500,000 T-2d From Birmingham Hwy to connector south of Elementary Rdwy/Gen Purp Cap 2018 $100,000 2019 $500,000 T-3 Southeast Connector: New "complete street" from Mayfield Rd to Broadwell Rd Rdwy/Gen Purp Cap 2020 $100,000 2021 $500,000 T-4 School Drive widening: Widening from 3 to 4 lanes Rdwy/Gen Purp Cap 2030 $150,000 2032 $1,848,000 T-5 Crabapple Road Reconfiguration: New 5-lane "complete street" with median Rdwy/Gen Purp Cap 2020 $120,000 2022 $100,000 T-6 Crabapple crossroads pedestrian improvements: Sidewalks along Mayfield Rd, Mid Broadwell Rd, and Birmingham Hwy Last Mile/Ped 2013 $75,000 2014 $50,000 T-7 Intersection Improvements at Crabapple Rd & Birmingham Hwy: Widening Rdwy/Ops & Safety 2012 See T-1 2013 See T-1 T-8 Signal retiming at Crabapple Rd & B'ham Hwy: Retime for more east- west time and longer ped phases Rdwy/Ops & Safety T-9 Intersection Improvements at McFarlin Ln & Birmingham Hwy: Roundabout Rdwy/Ops & Safety T-10 Intersection Improvements at Mayfield Rd & Charlotte Dr: Roundabout Rdwy/Ops & Safety T-11 Intersection improvements at Itaska Walk & Crabapple Rd: New signal and southbound left turn lane Rdwy/Ops & Safety 2030 $100,000 2032 $100,000 T-12 Intersection Improvements at Dunbrody Dr & Broadwell Rd: New signal and turn lane Rdwy/Ops & Safety 2030 $100,000 2032 $100,000 T-13 Intersection improvements at Crabapple Rd & Crabapple Chase: Roundabout Rdwy/Ops & Safety T-14 Intersection improvements at Charlotte Dr & Mid Broadwell Rd Rdwy/Ops & Safety 2016 $100,000 2018 $200,000 T-15a Supplemental study of intersection of Crabapple Rd & Green Rd LCI Supplemental 2014 $0 n/a $0 See T-1 See T-1 See T-2 See T-1 See T-2 This matrix has been formatted for viewing on two pages and continues at right. CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 37 10/5/12 DRAFT - FOR ADOPTION Construction Year Construction Costs Total Project Costs Responsible Party Funding Source 2014 $2,850,000 $5,050,000 GDOT GDOT City $1,010,000 2020 $800,000 $2,000,000 City TIP City $0 2020 $700,000 $1,300,000 City/Private TIP 2020 $900,000 $1,500,000 City/Private TIP 2020 $700,000 $1,300,000 City/Private TIP 2022 $800,000 $1,400,000 City TIP City 2034 $1,250,000 $3,248,000 City/FC Schools City 2024 $1,000,000 $1,220,000 City/GDOT City $420,000 2015 $500,000 $625,000 GDOT GDOT City $125,000 2014 $2,500,000 $3,550,000 GDOT GDOT City $1,550,000 2034 $500,000 $700,000 2034 $500,000 $700,000 2020 $600,000 $900,000 City TIP City $420,000 n/a $75,000 $75,000 City/GDOT TIP General Fund $15,000 See T-1 See T-1 See T-2 Local Source & Match Amount See T-1 See T-2 CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 38 10/5/12 DRAFT - FOR ADOPTION Transportation Project 5-Year Implementation Matrix (continued)Transportation Project 5-Year Implementation Matrix (continued) ID Description Type Engineering Year Engineering Costs ROW Year ROW Costs T-15b Intersection Improvements at Crabapple Rd & Green Rd Rdwy/Ops & Safety 2016 $100,000 2018 $200,000 T-16 New private streets west of Lecoma Tr Rdwy/Gen Purp Cap TBD $49,800 n/a $0 T-17 Bicycle route signage, markings Last Mile/Bike TBD $4,800 n/a $0 T-18 Crabapple Rd/Mayfield Rd golf cart/pedestrian way Last Mile/Path & Trail TBD $96,000 TBD $0 T-19 Birmingham Hwy/Broadwell Rd golf cart/pedestrian way Last Mile/Path & Trail TBD $31,200 TBD $0 T-20 Greenway A: Crabapple Rd from Tensas Tr west to Arnold Mill Rd Last Mile/Path & Trail TBD $115,200 TBD $0 T-21 Greenway B: Northwest Crabapple Greenway Last Mile/Path & Trail TBD $288,000 TBD $0 T-22 Greenway C: Birmingham Park Greenway from new private street Last Mile/Path & Trail TBD $115,200 TBD $0 T-23 Greenway D: Six Hills Greenway from NW Crabapple Greenway to Last Mile/Path & Trail TBD $76,800 TBD $0 T-24 Greenway E: from Birmingham Hwy past Village Green to Dunbrody Dr Last Mile/Path & Trail TBD $228,000 TBD $0 T-25 Greenway F: Milton High School greenway Last Mile/Path & Trail TBD $52,800 TBD $0 T-26 Greenway G: Freemanville Rd Greenway Last Mile/Path & Trail TBD $86,400 TBD $0 T-27 Greenway H: Village Green/Mayfield Rd connector to Alpharetta Last Mile/Path & Trail TBD TBD TBD $0 T-28 Greenway I: Northwestern Middle School greenway Last Mile/Path & Trail TBD $36,000 TBD $0 T-29 Greenway J: Village Greenway connector Last Mile/Path & Trail TBD $62,400 TBD $0 T-30 Greenway K: Southeast connection to Alpharetta Last Mile/Path & Trail TBD TBD TBD $0 T-31 Greenway L: Southwest connection to Alpharetta Last Mile/Path & Trail TBD TBD TBD $0 T-32 Public Parking Grove Other/Misc TBD $72,000 - $180,000 TBD $0 T-33 Public Parking Deck (in lieu of parking grove, 200-250 spaces, Other/Misc TBD $300,000 - $360,000 TBD $0 T-34 Safe Routes to School improvements Last Mile/Ped 2011 $60,000 n/a $0 T-35 Mayfield Rd sidewalks from Charlotte Dr to Freemanville Last Mile/Ped TBD $50,000 TBD $50,000 T-36 Wayfinding signs Other/Misc TBD $0 n/a $0 T-37 Parking study LCI Supplemental TBD $0 n/a $0 T-38 Green street and pedestrian study LCI Supplemental TBD $0 n/a $0 This matrix has been formatted for viewing on two pages and continues at right. CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 39 10/5/12 DRAFT - FOR ADOPTION Construction Year Construction Costs Total Project Costs Responsible Party Funding Source Local Source & Match Amount 2020 $900,000 $1,200,000 City/GDOT TIP City $240,000 TBD $415,000 $464,800 Private Private n/a $0 TBD $40,000 $44,800 City City n/a $0 TBD $800,000 $896,000 City LCI, Private General Fund $256,000 TBD $260,000 $291,200 City LCI, Private General Fund $83,200 TBD $960,000 $1,075,200 City LCI, Private General Fund $307,200 TBD $2,400,000 $2,688,000 City LCI, Private General Fund $768,000 TBD $960,000 $1,075,200 City LCI, Private General Fund $307,200 TBD $640,000 $716,800 City LCI, Private General Fund $204,800 TBD $1,900,000 $2,128,000 City LCI, Private General Fund $608,000 TBD $440,000 $492,800 City LCI, Private General Fund $140,800 TBD $720,000 $806,400 City LCI, Private General Fund $230,400 TBD TBD TBD TBD TBD TBD TBD TBD $300,000 $336,000 City LCI, Private General Fund $96,000 TBD $520,000 $582,400 City LCI, Private General Fund $166,400 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $600,000 - $1.5 million TBD TBD TBD TBD TBD TBD $2.5 million - $3.0 million TBD TBD TBD TBD TBD 2012 $500,000 $560,000 City GDOT n/a $0 TBD $300,000 $400,000 City LCI, City General Fund $80,000 TBD $100,000 $100,000 City LCI General Fund $100,000 n/a $25,000 - $40,000 $25,000 - $40,000 City LCI General Fund $5,000 - $8,000 n/a $30,000 - $60,000 $25,000 - $40,000 City LCI General Fund $6,000 - $12,000 CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 40 10/5/12 DRAFT - FOR ADOPTION POPULATION AND EMPLOYMENT CHANGES It is projected that realization of the Crabapple vision will add population and employment as identified below. These projections were developed with consideration for the following: The build-out of Crabapple Station, Braeburn and Crabapple Crossings; The carrying capacity of the Crabapple Conceptual Master Plan found on page 14; The development permissions of the Crabapple Form-Based Code, including the use of Transfer of Development Rights; and The forecasts prepared by Bleakly Advisory Group for the CTP. An estimate of market support for this plan was based on the 2030 population and employment forecasts prepared for the CTP. Said forecasts are provided by Transportation Analysis Zone (TAZ), of which TAZs 280 and 284 approximate the study area. In addition, the forecasts included development scenarios based on varying growth and land uses factors. Of these, Scenario 2 - Directed Growth best reflects the vision to concentrate growth in Crabapple while preserving other parts of Milton as rural. Under this scenario TAZs 280 and 284 could experience an increase of 1,823 residents and 646 jobs by 2030. Of this, most would occur in Crabapple due to limited land and sewer availability in other areas. As such, these numbers are the approximate limits of 2030 growth assumed by plan. 2022 Population and Employment It is estimated that 2,245 people currently live in the study area and 386 people work there. The recommended land uses could increase the population and jobs as shown below. Initially, most new residents will live in houses constructed on existing unbuilt lots. Longer-term, this will likely expand to include a greater number of townhouses and senior-oriented multifamily. • • • • Population Projections: 2012-2022Population Projections: 2012-2022 Single-Family Townhouses/ Duplexes Multifamily1 Total January 1, 2012 Housing Units 668 37 0 705 Population 2,171 74 0 2,245 Plan - 2017 Estimate Housing Units 768 150 50 968 Total Population 2,491 269 75 2,835 Plan - 2022 Estimate Housing Units 908 275 175 1,358 Total Population 2,932 500 250 3,682 1. Multifamily projection assumes primarily assisted living or senior units. Employment Projections: 2012-2022Employment Projections: 2012-2022 Retail/Restaurant Office Government/ Other Total January 1, 2012 Employees 13 147 226 386 Plan - 2017 Estimate Net New Square Footage 13,000 22,000 25,000 60,000 Net New Employees 14 57 15 86 Total Employees 27 204 241 472 Plan - 2022 Estimate Net New Square Footage 120,000 120,000 50,000 290,000 Net New Employees 127 310 35 472 Total Employees 154 514 276 944 CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 41 10/5/12 DRAFT - FOR ADOPTION 2037 Employment and Population Estimating employment and population growth beyond ten years is difficult on the micro-level. Real estate and economic trends are complex and subject to change. Because the recommended land use plan is based on a 25-year vision, longer-term forecasts can be made based on achieving said vision. Inherent to this is a regional return to economic growth and continuation of market trends favoring walkable, compact, and mixed-use communities. Study area growth projections are shown in tables below. Please note that these are based on the carrying capacity of the area and assume a moderate rate of growth for the study area based on the previously-referenced CTP market research. CCumulative Retail/Restaurant, Office, and Government/Other Growth: 2012-2037 Year Retail/Restaurant Office Government/ Other Total 2012 82,000 sf 55,000 sf 308,000 sf 445,000 sf 2017 95,000 sf 77,000 sf 333,000 sf 505,000 sf 2022 215,000 sf 197,000 sf 383,000 sf 795,000 sf 2027*234,350 sf 222,610 sf 400,000 sf 856,960 sf 2032*255,442 sf 251,549 sf 400,000 sf 906,991 sf 2037 278,431 sf 284,251 sf 400,000 sf 962,682 sf Cumulative Employment: 2012-2037 Year Retail/Restaurant Office Government/ Other Total 2012 13 147 226 386 2017 27 204 241 472 2022 154 514 276 944 2027*160 555 289 1,004 2032*166 599 289 1,055 2037 173 647 289 1,109 Cumulative Total Housing Units: 2012-2037 Year Single-Family Townhouses Multifamily** Total 2012 668 37 0 705 2017 768 150 50 968 2022 908 275 175 1,358 2027*944 297 201 1,443 2032*982 321 231 1,534 2037 1,021 346 266 1,634 Cumulative Population: 2012-2037 Year Single-Family Residents Townhouse Residents Multifamily Residents**Total 2012 2,171 74 0 2,245 2017 2,491 269 75 2,835 2022 2,932 500 250 3,682 2027*3,049 540 288 3,877 2032*3,171 583 331 4,085 2037 3,298 630 380 4,308 *2032 data are supported by growth projections prepared by Bleakly Advisory Group. Figures shown reflect a moderate growth scenario based on development than can be physically accommodated in the land use **Multifamily projection assumes primarily assisted living or senior units. CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 42 10/5/12 DRAFT - FOR ADOPTION CONSISTENCY WITH LCI COMPONENTS This study and its recommendations are consistent with the components of the Livable Centers Initiative program as outlined below. Efficiency/feasibility of land uses and mix appropriate for future growth including new and/or revised land use regulations needed to complete the development program. The vision for Crabapple calls for expanding the range of uses in the area so that it becomes a more walkable, mixed-use village surrounded by residential uses. To support this vision, the Crabapple Form-Based Code was recently adopted. Transportation demand reduction measures. The plan proposes reducing auto-demand by shifting some auto trips to other modes of travel via a multifaceted effort to: locate different land uses within walking distance; improve pedestrian facilities; improve bicycle facilities; establish equestrian trails; and create alternative vehicular facilities. Internal mobility requirements – traffic calming, pedestrian circulation, transit circulation, bicycle circulation including safety and security of pedestrians. Promoting a range of internal mobility requirements is a central part of the Crabapple vision. The plan calls for improved sidewalks, walking paths, multi-use trails, equestrian paths, and appropriately-scaled roadways. It greatly expands the network for all modes beyond what exists today and incorporates “complete street” principles in the design of new roadways. Mixed-income housing, job/housing match and social issues. With the exception of the Deerfield area, the City of Milton provides few options for housing besides large lot single-family houses. Those options that do exists are typically found in Crabapple, where small lot single-family houses and townhouses exist. The plan builds on this current mix and proposes expanding it to include senior housing, accessory dwelling units, and appropriately- scaled and designed multifamily units. Continuity of local streets in the study area and the development of a network of minor roads. As shown on the Project Map and the Proposed Thoroughfare Network Map, this plan will greatly expand the network of both local and regional streets in Crabapple. Need/identification of future transit circulation systems. Crabapple is too small to support future transit circulation within it, but its vision of a walkable, compact village will mike it an ideal stop for future transit service, at such time as a need emerges in surrounding areas. Connectivity of transportation system to other centers. The plan calls for expanded connections to other centers primarily through local and regional greenway links to Alpharetta, Roswell, and existing and future activity centers in Milton. 1. 2. 3. 4. 5. 6. 7. CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 43 10/5/12 DRAFT - FOR ADOPTION Center development organization, management, promotion, and economic restructuring. The sustainable economic growth of Crabapple is a key element of this plan, particularly through the addition of new businesses to the area. As this occurs the existing business association may expand their role to meet needs, but such is not currently anticipated. Stakeholder participation and support. The charrette process used to create this plan was an inherently open and inclusive project. In fact, the recommendations from in this plan directly emerged from said process. As a result, the plan has strong public support. Public and private investment policy. The plan calls for the City of Milton to continue its efforts to direct investment into Crabapple via public improvements such as pedestrian facilities, multi-use paths, new parks, and civic buildings. 8. 9. 10. The Mid Broadwell retire-in-place concept would provide cottage homes, independent living, and assisted living to allow residents in Milton to stay in the community as they age CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY 44 10/5/12 DRAFT - FOR ADOPTION This page has been intentionally left blank for printing CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY A 10/5/12 DRAFT - FOR ADOPTION APPENDIX A: MARKET STUDY CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY B 10/5/12 DRAFT - FOR ADOPTION This page has been intentionally left blank for printing Memorandum To: Faye DiMassimo, Kimley-Horn and Associates, Inc. Cristina Pastore, Kimley-Horn and Associates, Inc. James Fowler, Kimley-Horn and Associates, Inc. From: Ken Bleakly and Amy Gore, Bleakly Advisory Group Date: July 25, 2009 Re: City of Milton Future Land Use Alternatives – Population, Household and Employment Forecasts As part of the City of Milton’s Transportation Plan, Bleakly Advisory Group considered population, household and employment estimates for 2030 by TAZ for the City of Milton for five scenarios: • Scenario 1 – Atlanta Regional Commission Growth Estimates • Scenario 2 – Directed Growth • Scenario 3 – No Growth • Scenario 4 – Slow Growth • Scenario 5 – Slow and Directed Growth These land use scenarios and the methodology for the forecasts are discussed below. Study Area The study area includes 24 Transportation Analysis Zones (TAZs) which are approximately equivalent to the designated project study area, all of which are in Fulton County. The study area is consistent with the area and methodology described in the Baseline Conditions Report. 267 268 269 270 271 272 273 274 276 277 278 279 280 281 284 288 289 290 291 292 293 294 296 297 The Four Land Use Scenarios • Scenario 1 – Atlanta Regional Commission Growth Estimates This scenario assumes that growth continues throughout the City of Milton at rates similar to the 1980s to 2000s and presents ARC growth estimates for population, households and employment for the year 2030. The forecasts for this scenario are presented in Tables 2, 3 and 4. • Scenario 2 – Directed Growth This scenario assumes that the City of Milton will enact land use policies designed to focus future growth in the southern portion of the City. It assumes 75% of the ARC growth estimates are focused on the southern region of the City of Milton while the northern portion of Milton only receives 25% of this growth. City of Milton TAZs 269A 270 271 267 268 274 273 272 278 281A 290 291 279 277 284 276 280 297 289 296 288 293 294 292 281B 269B Calculation 1. The total growth estimated by the ARC for the City of Milton TAZs were calculated. ARC Estimates Total Households Total In order to prepare these forecasts, the total ARC growth estimates for the area were calculated with 75% of this growth distributed among the southern TAZs in proportion with the original ARC growth estimates. The remaining 25% of growth for the 20 year period was then distributed among the northern TAZs in proportion with the original ARC growth estimates. All of the growth in population, households and employment are still contained within the Milton TAZs. The forecasts for this scenario are presented in Tables 5, 6 and 7. • Scenario 3 – No Growth This scenario assumes that there is no population, household or employment growth in the City of Milton and that the population, households and employment in the City of Milton will remain unchanged from 2010 to 2030. The ARC projected growth was redistributed to the TAZs surrounding Milton. The forecasts for this scenario are presented in Tables 8, 9 and 10. • Scenario 4 – Slow Growth This scenario assumes that the City of Milton enacts land use policies designed to slow growth significantly. Forecasted population, households and employment are calculated by applying a 1.1% annual growth rate to the ARC’s 2010 estimates. The 1.1% growth rate is based on the City of Milton’s Comprehensive Plan. The remainder of the ARC projected growth for the Milton TAZs were redistributed to the areas surrounding Milton. The forecasts for this scenario are presented in Tables 11, 12 and 13. The following tables present the population, household and employment forecasts for 2030 for each of the four scenarios. A summary and comparison of the forecasts are presented in Tables 14, 15 and 16. Land Use Considerations The following forecasts were prepared as a demonstration of the potential impact of land use policies on growth in the City of Milton and to provide a basis for transportation modeling of these policies. As demonstrated, land use policies will have a significant effect on the future transportation needs in the City of Milton. As the City of Milton continues to prepare its Transportation Plan, land use policies should be considered, in particular with regard to the following. 1) Atlanta Regional Commission Forecasts vs. City of Milton Comprehensive Plan Both the City of Milton, through their Comprehensive Plan, and the Atlanta Regional Commission have prepared forecasts for the future population of the City of Milton. Forecast Comparison City of Milton Comp Plan* Population 2008 25,422 Population 2028 31,500 Total Growth 6,078 CAGR 1.1% Employment 2000 (?) 9,948 Atlanta Regional Commission** Population 2010 31,425 Population 2030 44,906 Total Growth 13,481 CAGR 1.8% Households 2010 11,699 Households 2030 17,462 Total Growth 5,763 CAGR 2.0% Employment 2010 16,965 Employment 2030 33,702 Total Growth 16,737 CAGR 3.5% * Comp Plan does not have forecasts for households or employment. ** Growth using TAZs does not correspond directly to City boundaries. The Atlanta Regional Commissions higher forecasts are due to three factors: 1) The ARC numbers are based on TAZ geographies, some of which fall outside of the City and include areas outside of Milton, particularly parts of Alpharetta. 2) The ARC forecasts are for later years (2010 vs. 2008 and 2030 vs. 2028). 3) The ARC forecasts assume a faster rate of growth than the City of Milton. Therefore, according to the ARC, the potential for growth in the City of Milton is significantly higher than that discussed in the City of Milton Comprehensive Plan. The City of Milton should analyze their zoning and land use control policies to ensure that the pace and location of growth is in accordance with the goals of the City of Milton and its citizens. 2) Residential Development in the Pipeline It should be noted that according to the City of Milton Planning Department, there are currently 1,468 subdivided lots which could have residential units built in the near-term. This represents 25.5% of the ARC’s projected household growth for the 20 year period. Assuming the households have 2.57 persons per household, these new residential units could increase the population of the City of Milton by 3,775 persons. This growth represents 28.0% of the ARC’s population forecast and 62.1% of the City of Milton’s Comprehensive Plan population forecast for the next 20 years. Due to the current economic and real estate climate, determining the timeframe for actual build out of these residential units is very difficult. However, the City of Milton should keep these units in mind when considering the pace of potential future development, particularly in regard to the “slow growth” and “no growth” land use scenarios. 3) Transportation Impacts of “Slow Growth” and “No Growth” Maintaining the unique rural nature of the City of Milton is an important goal for the City and its citizens. However, it is important to consider that limiting growth within the City of Milton will not prevent transportation problems within the City. The City’s location, with quick access to regional transportation infrastructure and its proximity to employment centers will continue to be a draw for growth. If the City of Milton discourages growth within their borders, this growth will likely occur in the areas directly surrounding Milton and will continue to impact traffic and other transportation issues within the City of Milton. 4) Employment Growth in the City of Milton The ARC’s forecasts for the City of Milton estimate an annual growth rate for employment of 3.5% which is a significantly faster pace than their estimates for household or population growth, at 1.8% and 2.0%, respectively. This indicates that the ARC anticipates that the City of Milton could become an important employment center, increasing from 1.4 jobs per household in 2010 to 1.9 jobs per household in 2030. If the City of Milton’s employment base doubles over the next 20 years, the City will need to accommodate the transportation needs of employees entering the City, both from GA 400 and from areas to northwest of the City. If this employment growth occurs, the City of Milton will no longer be a bedroom community, but an active employment center with different transportation considerations. Conclusion The City of Milton has the potential for strong growth in population, households and employment over the next 20 years. Despite the current economic downturn, long-term market demand will continue to exert development pressure on the City of Milton. In the long-term, growth in the City of Milton will not be limited by market factors but rather by land use policies and regulations. These land use policies have the potential to direct and limit growth in the City of Milton, impacting the future transportation needs of the City. Therefore, investment in transportation improvements within the City needs to be influenced by land use policies and the City’s plan for the location and quantity of future development within their borders. ARC Estimates for 2010 Table 1 ARC Estimates 2010 Summary TAZ Population Households Employment 267 979 322 234 268 994 293 102 269 277 109 104 270 1,544 538 245 271 1,426 572 206 272 2,235 720 160 273 826 279 211 274 1,348 448 297 276 698 260 205 277 745 239 72 278 141 53 371 279 408 136 59 280 480 172 404 281 460 150 46 284 1,081 335 265 288 347 126 1,237 289 2,674 1,004 1,187 290 1,858 672 830 291 3,209 1,091 1,054 292 69 30 368 293 3,449 1,868 955 294 441 226 5,076 296 3,963 1,412 1,428 297 1,773 644 1,849 Total 31,425 11,699 16,965 269A 270 271267 268 274 273 272 278 281A 290291279 277 284 276 280 297289296288293294 292 281B 269B City of Milton TAZs Scenario 1 - ARC Estimated Growth (Population) Table 2 Scenario 1 - ARC Estimated Growth Population Growth 2010 - 2030 Population Growth TAZ Population 2010Population 2030Total Total % CAGR 267 979 1,761 782 79.9% 3.0% 268 994 1,708 714 71.8% 2.7% 269 277 526 249 89.9% 3.3% 270 1,544 2,690 1,146 74.2% 2.8% 271 1,426 2,923 1,497 105.0% 3.7% 272 2,235 3,728 1,493 66.8% 2.6% 273 826 1,423 597 72.3% 2.8% 274 1,348 2,345 997 74.0% 2.8% 276 698 1,243 545 78.1% 2.9% 277 745 1,269 524 70.3% 2.7% 278 141 264 123 87.2% 3.2% 279 408 733 325 79.7% 3.0% 280 480 859 379 79.0% 3.0% 281 460 832 372 80.9% 3.0% 284 1,081 1,832 751 69.5% 2.7% 288 347 495 148 42.7% 1.8% 289 2,674 3,108 434 16.2% 0.8% 290 1,858 2,152 294 15.8% 0.7% 291 3,209 3,679 470 14.6% 0.7% 292 69 127 58 84.1% 3.1% 293 3,449 3,924 475 13.8% 0.6% 294 441 568 127 28.8% 1.3% 296 3,963 4,563 600 15.1% 0.7% 297 1,773 2,154 381 21.5% 1.0% Total 31,425 44,906 13,481 42.9% 1.8% 269A 270 271267 268 274273 272 278 281A 290291 279 277 284 276 280 297289296 288293294 292 281B269B City of Milton TAZs Scenario 1 - ARC Estimated Growth (Households) Table 3 Scenario 1 - ARC Estimated Growth Household Growth 2010 - 2030 Household Growth TAZ Households2010Households2030 Total Total % CAGR 267 322 624 302 93.8% 3.4% 268 293 540 247 84.3% 3.1% 269 109 218 109 100.0% 3.5% 270 538 1,007 469 87.2% 3.2% 271 572 1,251 679 118.7% 4.0% 272 720 1,246 526 73.1% 2.8% 273 279 511 232 83.2% 3.1% 274 448 839 391 87.3% 3.2% 276 260 494 234 90.0% 3.3% 277 239 424 185 77.4% 2.9% 278 53 111 58 109.4% 3.8% 279 136 267 131 96.3% 3.4% 280 172 322 150 87.2% 3.2% 281 150 288 138 92.0% 3.3% 284 335 615 280 83.6% 3.1% 288 126 211 85 67.5% 2.6% 289 1,004 1,225 221 22.0% 1.0% 290 672 815 143 21.3% 1.0% 291 1,091 1,283 192 17.6% 0.8% 292 30 59 29 96.7% 3.4% 293 1,868 2,274 406 21.7% 1.0% 294 226 305 79 35.0% 1.5% 296 1,412 1,703 291 20.6% 0.9% 297 644 830 186 28.9% 1.3% Total 11,699 17,462 5,763 49.3% 2.0% City of Milton TAZs 269A 270 271 267 268 274 273272 278 281A 290291279 277 284 276 280 297 289296 288 293294292281B 269B Scenario 1 - ARC Estimated Growth (Employment) Table 4 Scenario 1 - ARC Estimated Growth Employment Growth 2010 - 2030 Employment Growth TAZ Employment2010Employment2030 Total Total % CAGR 267 234 552 318 135.9% 4.4% 268 102 262 160 156.9% 4.8% 269 104 268 164 157.7% 4.8% 270 245 508 263 107.3% 3.7% 271 206 393 187 90.8% 3.3% 272 160 327 167 104.4% 3.6% 273 211 451 240 113.7% 3.9% 274 297 656 359 120.9% 4.0% 276 205 380 175 85.4% 3.1% 277 72 174 102 141.7% 4.5% 278 371 801 430 115.9% 3.9% 279 59 144 85 144.1% 4.6% 280 404 551 147 36.4% 1.6% 281 46 119 73 158.7% 4.9% 284 265 558 293 110.6% 3.8% 288 1,237 2,602 1,365 110.3% 3.8% 289 1,187 2,669 1,482 124.9% 4.1% 290 830 1,730 900 108.4% 3.7% 291 1,054 2,188 1,134 107.6% 3.7% 292 368 860 492 133.7% 4.3% 293 955 1,934 979 102.5% 3.6% 294 5,076 8,431 3,355 66.1% 2.6% 296 1,428 3,119 1,691 118.4% 4.0% 297 1,849 4,025 2,176 117.7% 4.0% Total16,965 33,702 16,737 98.7% 3.5% City of Milton TAZs 269A 270 271 267 268 274 273 272278 281A 290 291279 277 284 276 280 297 289 296 288293 294 292 281B269B Scenario 2 - Directed Growth (Population) Table 5 Scenario 2 - Directed Growth Population Growth 2010 - 2030 Population Growth TAZ Population 2010Population 2030Total Total % CAGR 267 979 1,368 389 39.7% 1.7% 268 994 1,326 332 33.4% 1.5% 269 277 409 132 47.7% 2.0% 270 1,544 2,090 546 35.4% 1.5% 271 1,426 2,271 845 59.3% 2.4% 272 2,235 2,896 661 29.6% 1.3% 273 826 1,105 279 33.8% 1.5% 274 1,348 1,821 473 35.1% 1.5% 276 698 1,562 864 123.8% 4.1% 277 745 1,595 850 114.1% 3.9% 278 141 205 64 45.4% 1.9% 279 408 921 513 125.7% 4.2% 280 480 1,081 601 125.2% 4.1% 281 460 646 186 40.4% 1.7% 284 1,081 2,303 1,222 113.0% 3.9% 288 347 622 275 79.3% 3.0% 289 2,674 3,907 1,233 46.1% 1.9% 290 1,858 1,672 (186) -10.0% -0.5% 291 3,209 2,858 (351) -10.9% -0.6% 292 69 160 91 131.9% 4.3% 293 3,449 4,932 1,483 43.0% 1.8% 294 441 714 273 61.9% 2.4% 296 3,963 5,735 1,772 44.7% 1.9% 297 1,773 2,707 934 52.7% 2.1% Total 31,425 44,906 13,481 42.9% 1.8% 269A 270 271267 268 274273 272 278 281A 290291 279 277 284 276 280 297289296 288293294 292 281B269B City of Milton TAZs Scenario 2 - Directed Growth (Households) Table 6 Scenario 2 - Directed Growth Household Growth 2010 - 2030 Household Growth TAZ Households2010Households2030 Total Total % CAGR 267 322 467 145 45.0% 1.9% 268 293 411 118 40.3% 1.7% 269 109 170 61 56.0% 2.2% 270 538 751 213 39.6% 1.7% 271 572 941 369 64.5% 2.5% 272 720 967 247 34.3% 1.5% 273 279 389 110 39.4% 1.7% 274 448 650 202 45.1% 1.9% 276 260 599 339 130.4% 4.3% 277 239 539 300 125.5% 4.2% 278 53 87 34 64.2% 2.5% 279 136 340 204 150.0% 4.7% 280 172 412 240 139.5% 4.5% 281 150 226 76 50.7% 2.1% 284 335 767 432 129.0% 4.2% 288 126 255 129 102.4% 3.6% 289 1,004 1,520 516 51.4% 2.1% 290 672 623 (49) -7.3% -0.4% 291 1,091 1,006 (85) -7.8% -0.4% 292 30 72 42 140.0% 4.5% 293 1,868 2,734 866 46.4% 1.9% 294 226 367 141 62.4% 2.5% 296 1,412 2,130 718 50.8% 2.1% 297 644 1,039 395 61.3% 2.4% Total 11,699 17,462 5,763 49.3% 2.0% City of Milton TAZs 269A 270 271 267 268 274 273272 278 281A 290291279 277 284 276 280 297 289296 288 293294292281B 269B Scenario 2 - Directed Growth (Employment) Table 7 Scenario 2 - Directed Growth Employment Growth 2010 - 2030 Employment Growth TAZ Employment2010Employment2030 Total Total % CAGR 267 234 404 170 72.6% 2.8% 268 102 189 87 85.3% 3.1% 269 104 194 90 86.5% 3.2% 270 245 380 135 55.1% 2.2% 271 206 307 101 49.0% 2.0% 272 160 241 81 50.6% 2.1% 273 211 328 117 55.5% 2.2% 274 297 479 182 61.3% 2.4% 276 205 497 292 142.4% 4.5% 277 72 240 168 233.3% 6.2% 278 371 539 168 45.3% 1.9% 279 59 197 138 233.9% 6.2% 280 404 602 198 49.0% 2.0% 281 46 86 40 87.0% 3.2% 284 265 715 450 169.8% 5.1% 288 1,237 2,567 1,330 107.5% 3.7% 289 1,187 2,650 1,463 123.3% 4.1% 290 830 2,179 1,349 162.5% 4.9% 291 1,054 2,719 1,665 158.0% 4.9% 292 368 842 474 128.8% 4.2% 293 955 1,928 973 101.9% 3.6% 294 5,076 8,336 3,260 64.2% 2.5% 296 1,428 3,091 1,663 116.5% 3.9% 297 1,849 3,993 2,144 116.0% 3.9% Total16,965 33,703 16,738 98.7% 3.5% City of Milton TAZs 269A 270 271 267 268 274 273 272278 281A 290 291279 277 284 276 280 297 289 296 288293 294 292 281B269B Scenario 3 - No Growth (Population) Table 8 Scenario 3 - No Growth Population Growth 2010 - 2030 Population Growth TAZ Population 2010Population 2030Total Total % CAGR 267 979 979 - 0.0% 0.0% 268 994 994 - 0.0% 0.0% 269 277 277 - 0.0% 0.0% 270 1,544 1,544 - 0.0% 0.0% 271 1,426 1,426 - 0.0% 0.0% 272 2,235 2,235 - 0.0% 0.0% 273 826 826 - 0.0% 0.0% 274 1,348 1,348 - 0.0% 0.0% 276 698 698 - 0.0% 0.0% 277 745 745 - 0.0% 0.0% 278 141 141 - 0.0% 0.0% 279 408 408 - 0.0% 0.0% 280 480 480 - 0.0% 0.0% 281 460 460 - 0.0% 0.0% 284 1,081 1,081 - 0.0% 0.0% 288 347 347 - 0.0% 0.0% 289 2,674 2,674 - 0.0% 0.0% 290 1,858 1,858 - 0.0% 0.0% 291 3,209 3,209 - 0.0% 0.0% 292 69 69 - 0.0% 0.0% 293 3,449 3,449 - 0.0% 0.0% 294 441 441 - 0.0% 0.0% 296 3,963 3,963 - 0.0% 0.0% 297 1,773 1,773 - 0.0% 0.0% Total 31,425 31,425 - 0.0% 0.0% 269A 270 271267 268 274273 272 278 281A 290291 279 277 284 276 280 297289296 288293294 292 281B269B City of Milton TAZs Scenario 3 - No Growth (Households) Table 9 Scenario 3 - No Growth Household Growth 2010 - 2030 Household Growth TAZ Households2010Households2030 Total Total % CAGR 267 322 322 - 0.0% 0.0% 268 293 293 - 0.0% 0.0% 269 109 109 - 0.0% 0.0% 270 538 538 - 0.0% 0.0% 271 572 572 - 0.0% 0.0% 272 720 720 - 0.0% 0.0% 273 279 279 - 0.0% 0.0% 274 448 448 - 0.0% 0.0% 276 260 260 - 0.0% 0.0% 277 239 239 - 0.0% 0.0% 278 53 53 - 0.0% 0.0% 279 136 136 - 0.0% 0.0% 280 172 172 - 0.0% 0.0% 281 150 150 - 0.0% 0.0% 284 335 335 - 0.0% 0.0% 288 126 126 - 0.0% 0.0% 289 1,004 1,004 - 0.0% 0.0% 290 672 672 - 0.0% 0.0% 291 1,091 1,091 - 0.0% 0.0% 292 30 30 - 0.0% 0.0% 293 1,868 1,868 - 0.0% 0.0% 294 226 226 - 0.0% 0.0% 296 1,412 1,412 - 0.0% 0.0% 297 644 644 - 0.0% 0.0% Total 11,699 11,699 - 0.0% 0.0% City of Milton TAZs 269A 270 271 267 268 274 273272 278 281A 290291279 277 284 276 280 297 289296 288 293294292281B 269B Scenario 3 - No Growth (Employment) Table 10 Scenario 3 - No Growth Employment Growth 2010 - 2030 Employment Growth TAZ Employment2010Employment2030 Total Total % CAGR 267 234 234 - 0.0% 0.0% 268 102 102 - 0.0% 0.0% 269 104 104 - 0.0% 0.0% 270 245 245 - 0.0% 0.0% 271 206 206 - 0.0% 0.0% 272 160 160 - 0.0% 0.0% 273 211 211 - 0.0% 0.0% 274 297 297 - 0.0% 0.0% 276 205 205 - 0.0% 0.0% 277 72 72 - 0.0% 0.0% 278 371 371 - 0.0% 0.0% 279 59 59 - 0.0% 0.0% 280 404 404 - 0.0% 0.0% 281 46 46 - 0.0% 0.0% 284 265 265 - 0.0% 0.0% 288 1,237 1,237 - 0.0% 0.0% 289 1,187 1,187 - 0.0% 0.0% 290 830 830 - 0.0% 0.0% 291 1,054 1,054 - 0.0% 0.0% 292 368 368 - 0.0% 0.0% 293 955 955 - 0.0% 0.0% 294 5,076 5,076 - 0.0% 0.0% 296 1,428 1,428 - 0.0% 0.0% 297 1,849 1,849 - 0.0% 0.0% Total16,965 16,965 - 0.0% 0.0% City of Milton TAZs 269A 270 271 267 268 274 273 272278 281A 290 291279 277 284 276 280 297 289 296 288293 294 292 281B269B Scenario 4 - Slow Growth (Population) Table 11 Scenario 4 - Slow Growth Population Growth 2010 - 2030 Population Growth TAZ Population 2010Population 2030Total Total % CAGR 267 979 1,389 410 41.9% 1.8% 268 994 1,347 353 35.5% 1.5% 269 277 416 139 50.2% 2.1% 270 1,544 2,122 578 37.4% 1.6% 271 1,426 2,305 879 61.6% 2.4% 272 2,235 2,940 705 31.5% 1.4% 273 826 1,122 296 35.8% 1.5% 274 1,348 1,850 502 37.2% 1.6% 276 698 1,190 492 70.5% 2.7% 277 745 1,214 469 63.0% 2.5% 278 141 208 67 47.5% 2.0% 279 408 702 294 72.1% 2.8% 280 480 822 342 71.3% 2.7% 281 460 656 196 42.6% 1.8% 284 1,081 1,754 673 62.3% 2.4% 288 347 474 127 36.6% 1.6% 289 2,674 2,975 301 11.3% 0.5% 290 1,858 1,697 (161) -8.7% -0.5% 291 3,209 2,902 (307) -9.6% -0.5% 292 69 122 53 76.8% 2.9% 293 3,449 3,757 308 8.9% 0.4% 294 441 544 103 23.4% 1.1% 296 3,963 4,368 405 10.2% 0.5% 297 1,773 2,062 289 16.3% 0.8% Total31,425 38,938 7,513 23.9% 1.1% 269A 270 271267 268 274273 272 278 281A 290291 279 277 284 276 280 297289296 288293294 292 281B269B City of Milton TAZs Scenario 4 - Slow Growth (Households) Table 12 Scenario 4 - Slow Growth Household Growth 2010 - 2030 Household Growth TAZ Households2010Households2030 Total Total % CAGR 267 322 464 142 44.1% 1.8% 268 293 402 109 37.2% 1.6% 269 109 162 53 48.6% 2.0% 270 538 752 214 39.8% 1.7% 271 572 932 360 62.9% 2.5% 272 720 928 208 28.9% 1.3% 273 279 382 103 36.9% 1.6% 274 448 624 176 39.3% 1.7% 276 260 451 191 73.5% 2.8% 277 239 387 148 61.9% 2.4% 278 53 81 28 52.8% 2.1% 279 136 245 109 80.1% 3.0% 280 172 294 122 70.9% 2.7% 281 150 213 63 42.0% 1.8% 284 335 563 228 68.1% 2.6% 288 126 195 69 54.8% 2.2% 289 1,004 1,118 114 11.4% 0.5% 290 672 606 (66) -9.8% -0.5% 291 1,091 955 (136) -12.5% -0.7% 292 30 54 24 80.0% 3.0% 293 1,868 2,082 214 11.5% 0.5% 294 226 281 55 24.3% 1.1% 296 1,412 1,563 151 10.7% 0.5% 297 644 762 118 18.3% 0.8% Total 11,699 14,496 2,797 23.9% 1.1% City of Milton TAZs 269A 270 271 267 268 274 273272 278 281A 290291279 277 284 276 280 297 289296 288 293294292281B 269B Scenario 4 - Slow Growth (Employment) Table 13 Scenario 4 - Slow Growth Employment Growth 2010 - 2030 Employment Growth TAZ Employment2010Employment2030 Total Total % CAGR 267 234 319 85 36.3% 1.6% 268 102 152 50 49.0% 2.0% 269 104 157 53 51.0% 2.1% 270 245 295 50 20.4% 0.9% 271 206 227 21 10.2% 0.5% 272 160 189 29 18.1% 0.8% 273 211 263 52 24.6% 1.1% 274 297 378 81 27.3% 1.2% 276 205 243 38 18.5% 0.9% 277 72 110 38 52.8% 2.1% 278 371 464 93 25.1% 1.1% 279 59 92 33 55.9% 2.2% 280 404 352 (52) -12.9% -0.7% 281 46 70 24 52.2% 2.1% 284 265 356 91 34.3% 1.5% 288 1,237 1,662 425 34.4% 1.5% 289 1,187 1,703 516 43.5% 1.8% 290 830 999 169 20.4% 0.9% 291 1,054 1,270 216 20.5% 0.9% 292 368 548 180 48.9% 2.0% 293 955 1,233 278 29.1% 1.3% 294 5,076 5,380 304 6.0% 0.3% 296 1,428 1,991 563 39.4% 1.7% 297 1,849 2,568 719 38.9% 1.7% Total16,965 21,021 4,056 23.9% 1.1% City of Milton TAZs 269A 270 271 267 268 274 273 272278 281A 290 291279 277 284 276 280 297 289 296 288293 294 292 281B269B Summary – Population Growth Table 14 Population Growth 2010-2030 Summary Scenario 1 - ARC Estimated Growth Scenario 2 - ARC Directed Growth Scenario 3 - No Growth Scenario 4 - Slow Growth TAZ Pop 2010 Pop 2030 Total Change Change % CAGR % Pop 2030 Total Change Change % CAGR % Pop 2030 Total Change Change % CAGR % Pop 2030 Total Change Change % CAGR % 267 979 1,761 782 79.9% 3.0% 1,368 389 39.7% 1.7% 979 - 0.0% 0.0% 1,389 410 41.9% 1.8% 268 994 1,708 714 71.8% 2.7% 1,326 332 33.4% 1.5% 994 - 0.0% 0.0% 1,347 353 35.5% 1.5% 269 277 526 249 89.9% 3.3% 409 132 47.7% 2.0% 277 - 0.0% 0.0% 416 139 50.2% 2.1% 270 1,544 2,690 1,146 74.2% 2.8% 2,090 546 35.4% 1.5% 1,544 - 0.0% 0.0% 2,122 578 37.4% 1.6% 271 1,426 2,923 1,497 105.0% 3.7% 2,271 845 59.3% 2.4% 1,426 - 0.0% 0.0% 2,305 879 61.6% 2.4% 272 2,235 3,728 1,493 66.8% 2.6% 2,896 661 29.6% 1.3% 2,235 - 0.0% 0.0% 2,940 705 31.5% 1.4% 273 826 1,423 597 72.3% 2.8% 1,105 279 33.8% 1.5% 826 - 0.0% 0.0% 1,122 296 35.8% 1.5% 274 1,348 2,345 997 74.0% 2.8% 1,821 473 35.1% 1.5% 1,348 - 0.0% 0.0% 1,850 502 37.2% 1.6% 276 698 1,243 545 78.1% 2.9% 1,562 864 123.8% 4.1% 698 - 0.0% 0.0% 1,190 492 70.5% 2.7% 277 745 1,269 524 70.3% 2.7% 1,595 850 114.1% 3.9% 745 - 0.0% 0.0% 1,214 469 63.0% 2.5% 278 141 264 123 87.2% 3.2% 205 64 45.4% 1.9% 141 - 0.0% 0.0% 208 67 47.5% 2.0% 279 408 733 325 79.7% 3.0% 921 513 125.7% 4.2% 408 - 0.0% 0.0% 702 294 72.1% 2.8% 280 480 859 379 79.0% 3.0% 1,081 601 125.2% 4.1% 480 - 0.0% 0.0% 822 342 71.3% 2.7% 281 460 832 372 80.9% 3.0% 646 186 40.4% 1.7% 460 - 0.0% 0.0% 656 196 42.6% 1.8% 284 1,081 1,832 751 69.5% 2.7% 2,303 1,222 113.0% 3.9% 1,081 - 0.0% 0.0% 1,754 673 62.3% 2.4% 288 347 495 148 42.7% 1.8% 622 275 79.3% 3.0% 347 - 0.0% 0.0% 474 127 36.6% 1.6% 289 2,674 3,108 434 16.2% 0.8% 3,907 1,233 46.1% 1.9% 2,674 - 0.0% 0.0% 2,975 301 11.3% 0.5% 290 1,858 2,152 294 15.8% 0.7% 1,672 (186) -10.0% -0.5% 1,858 - 0.0% 0.0% 1,697 (161) -8.7% -0.5% 291 3,209 3,679 470 14.6% 0.7% 2,858 (351) -10.9% -0.6% 3,209 - 0.0% 0.0% 2,902 (307) -9.6% -0.5% 292 69 127 58 84.1% 3.1% 160 91 131.9% 4.3% 69 - 0.0% 0.0% 122 53 76.8% 2.9% 293 3,449 3,924 475 13.8% 0.6% 4,932 1,483 43.0% 1.8% 3,449 - 0.0% 0.0% 3,757 308 8.9% 0.4% 294 441 568 127 28.8% 1.3% 714 273 61.9% 2.4% 441 - 0.0% 0.0% 544 103 23.4% 1.1% 296 3,963 4,563 600 15.1% 0.7% 5,735 1,772 44.7% 1.9% 3,963 - 0.0% 0.0% 4,368 405 10.2% 0.5% 297 1,773 2,154 381 21.5% 1.0% 2,707 934 52.7% 2.1% 1,773 - 0.0% 0.0% 2,062 289 16.3% 0.8% Total 31,425 44,906 13,481 42.9% 1.8% 44,906 13,481 42.9% 1.8% 31,425 - 0.0% 0.0% 38,938 7,513 23.9% 1.1% Summary – Household Growth Table 15 Household Growth 2010-2030 Summary Scenario 1 - ARC Estimated Growth Scenario 2 - ARC Directed Growth Scenario 3 - No Growth Scenario 4 - Slow Growth TAZ HH 2010 HH 2030 Total Change Change % CAGR % HH 2030 Total Change Change % CAGR % HH 2030 Total Change Change % CAGR % HH 2030 Total Change Change % CAGR % 267 322 624 302 93.8% 3.4% 467 145 45.0% 1.9% 322 - 0.0% 0.0% 464 142 44.1% 1.8% 268 293 540 247 84.3% 3.1% 411 118 40.3% 1.7% 293 - 0.0% 0.0% 402 109 37.2% 1.6% 269 109 218 109 100.0% 3.5% 170 61 56.0% 2.2% 109 - 0.0% 0.0% 162 53 48.6% 2.0% 270 538 1,007 469 87.2% 3.2% 751 213 39.6% 1.7% 538 - 0.0% 0.0% 752 214 39.8% 1.7% 271 572 1,251 679 118.7% 4.0% 941 369 64.5% 2.5% 572 - 0.0% 0.0% 932 360 62.9% 2.5% 272 720 1,246 526 73.1% 2.8% 967 247 34.3% 1.5% 720 - 0.0% 0.0% 928 208 28.9% 1.3% 273 279 511 232 83.2% 3.1% 389 110 39.4% 1.7% 279 - 0.0% 0.0% 382 103 36.9% 1.6% 274 448 839 391 87.3% 3.2% 650 202 45.1% 1.9% 448 - 0.0% 0.0% 624 176 39.3% 1.7% 276 260 494 234 90.0% 3.3% 599 339 130.4% 4.3% 260 - 0.0% 0.0% 451 191 73.5% 2.8% 277 239 424 185 77.4% 2.9% 539 300 125.5% 4.2% 239 - 0.0% 0.0% 387 148 61.9% 2.4% 278 53 111 58 109.4% 3.8% 87 34 64.2% 2.5% 53 - 0.0% 0.0% 81 28 52.8% 2.1% 279 136 267 131 96.3% 3.4% 340 204 150.0% 4.7% 136 - 0.0% 0.0% 245 109 80.1% 3.0% 280 172 322 150 87.2% 3.2% 412 240 139.5% 4.5% 172 - 0.0% 0.0% 294 122 70.9% 2.7% 281 150 288 138 92.0% 3.3% 226 76 50.7% 2.1% 150 - 0.0% 0.0% 213 63 42.0% 1.8% 284 335 615 280 83.6% 3.1% 767 432 129.0% 4.2% 335 - 0.0% 0.0% 563 228 68.1% 2.6% 288 126 211 85 67.5% 2.6% 255 129 102.4% 3.6% 126 - 0.0% 0.0% 195 69 54.8% 2.2% 289 1,004 1,225 221 22.0% 1.0% 1,520 516 51.4% 2.1% 1,004 - 0.0% 0.0% 1,118 114 11.4% 0.5% 290 672 815 143 21.3% 1.0% 623 (49) -7.3% -0.4% 672 - 0.0% 0.0% 606 (66) -9.8% -0.5% 291 1,091 1,283 192 17.6% 0.8% 1,006 (85) -7.8% -0.4% 1,091 - 0.0% 0.0% 955 (136) -12.5% -0.7% 292 30 59 29 96.7% 3.4% 72 42 140.0% 4.5% 30 - 0.0% 0.0% 54 24 80.0% 3.0% 293 1,868 2,274 406 21.7% 1.0% 2,734 866 46.4% 1.9% 1,868 - 0.0% 0.0% 2,082 214 11.5% 0.5% 294 226 305 79 35.0% 1.5% 367 141 62.4% 2.5% 226 - 0.0% 0.0% 281 55 24.3% 1.1% 296 1,412 1,703 291 20.6% 0.9% 2,130 718 50.8% 2.1% 1,412 - 0.0% 0.0% 1,563 151 10.7% 0.5% 297 644 830 186 28.9% 1.3% 1,039 395 61.3% 2.4% 644 - 0.0% 0.0% 762 118 18.3% 0.8% Total 11,699 17,462 5,763 49.3% 2.0% 17,462 5,763 49.3% 2.0% 11,699 - 0.0% 0.0% 14,496 2,797 23.9% 1.1% Summary – Employment Growth Table 16 Household Growth 2010-2030 Summary Scenario 1 - ARC Estimated Growth Scenario 2 - ARC Directed Growth Scenario 3 - No Growth Scenario 4 - Slow Growth TAZ Emp 2010 Emp 2030 Total Change Change % CAGR % Emp 2030 Total Change Change % CAGR % Emp 2030 Total Change Change % CAGR % Emp 2030 Total Change Change % CAGR % 267 234 552 318 135.9% 4.4% 404 170 72.6% 2.8% 234 - 0.0% 0.0% 319 85 36.3% 1.6% 268 102 262 160 156.9% 4.8% 189 87 85.3% 3.1% 102 - 0.0% 0.0% 152 50 49.0% 2.0% 269 104 268 164 157.7% 4.8% 194 90 86.5% 3.2% 104 - 0.0% 0.0% 157 53 51.0% 2.1% 270 245 508 263 107.3% 3.7% 380 135 55.1% 2.2% 245 - 0.0% 0.0% 295 50 20.4% 0.9% 271 206 393 187 90.8% 3.3% 307 101 49.0% 2.0% 206 - 0.0% 0.0% 227 21 10.2% 0.5% 272 160 327 167 104.4% 3.6% 241 81 50.6% 2.1% 160 - 0.0% 0.0% 189 29 18.1% 0.8% 273 211 451 240 113.7% 3.9% 328 117 55.5% 2.2% 211 - 0.0% 0.0% 263 52 24.6% 1.1% 274 297 656 359 120.9% 4.0% 479 182 61.3% 2.4% 297 - 0.0% 0.0% 378 81 27.3% 1.2% 276 205 380 175 85.4% 3.1% 497 292 142.4% 4.5% 205 - 0.0% 0.0% 243 38 18.5% 0.9% 277 72 174 102 141.7% 4.5% 240 168 233.3% 6.2% 72 - 0.0% 0.0% 110 38 52.8% 2.1% 278 371 801 430 115.9% 3.9% 539 168 45.3% 1.9% 371 - 0.0% 0.0% 464 93 25.1% 1.1% 279 59 144 85 144.1% 4.6% 197 138 233.9% 6.2% 59 - 0.0% 0.0% 92 33 55.9% 2.2% 280 404 551 147 36.4% 1.6% 602 198 49.0% 2.0% 404 - 0.0% 0.0% 352 (52) -12.9% -0.7% 281 46 119 73 158.7% 4.9% 86 40 87.0% 3.2% 46 - 0.0% 0.0% 70 24 52.2% 2.1% 284 265 558 293 110.6% 3.8% 715 450 169.8% 5.1% 265 - 0.0% 0.0% 356 91 34.3% 1.5% 288 1,237 2,602 1,365 110.3% 3.8% 2,567 1,330 107.5% 3.7% 1,237 - 0.0% 0.0% 1,662 425 34.4% 1.5% 289 1,187 2,669 1,482 124.9% 4.1% 2,650 1,463 123.3% 4.1% 1,187 - 0.0% 0.0% 1,703 516 43.5% 1.8% 290 830 1,730 900 108.4% 3.7% 2,179 1,349 162.5% 4.9% 830 - 0.0% 0.0% 999 169 20.4% 0.9% 291 1,054 2,188 1,134 107.6% 3.7% 2,719 1,665 158.0% 4.9% 1,054 - 0.0% 0.0% 1,270 216 20.5% 0.9% 292 368 860 492 133.7% 4.3% 842 474 128.8% 4.2% 368 - 0.0% 0.0% 548 180 48.9% 2.0% 293 955 1,934 979 102.5% 3.6% 1,928 973 101.9% 3.6% 955 - 0.0% 0.0% 1,233 278 29.1% 1.3% 294 5,076 8,431 3,355 66.1% 2.6% 8,336 3,260 64.2% 2.5% 5,076 - 0.0% 0.0% 5,380 304 6.0% 0.3% 296 1,428 3,119 1,691 118.4% 4.0% 3,091 1,663 116.5% 3.9% 1,428 - 0.0% 0.0% 1,991 563 39.4% 1.7% 297 1,849 4,025 2,176 117.7% 4.0% 3,993 2,144 116.0% 3.9% 1,849 - 0.0% 0.0% 2,568 719 38.9% 1.7% Total 16,965 33,702 16,737 98.7% 3.5% 33,703 16,738 98.7% 3.5% 16,965 - 0.0% 0.0% 21,021 4,056 23.9% 1.1% CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY C 10/5/12 DRAFT - FOR ADOPTION APPENDIX B: TRANSPORTATION STUDY CRABAPPLE LIVABLE CENTERS INITIATIVE STUDY D 10/5/12 DRAFT - FOR ADOPTION This page has been intentionally left blank for printing Transportation Analysis Crabapple Crossroads Milton, Georgia Prepared for: The City of Milton ¤Kimley-Horn and Associates, Inc. January 2009 019031000 This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley- Horn and Associates, Inc. Crabapple Crossroads T:\019031000 i January 2009 Table of Contents Page Executive Summary ............................................................................................................................................................ 1 1.0 Introduction ........................................................................................................................................................... 1 2.0 Study Area .............................................................................................................................................................. 1 2.1 Study Network Determination ................................................................................................................ 1 3.0 Existing Traffic Conditions ................................................................................................................................. 2 3.1 Existing Roadways ................................................................................................................................. 2 3.2 Traffic Data Collection .......................................................................................................................... 3 3.3 Queue Observations ............................................................................................................................... 4 4.0 Zoning Conditions ................................................................................................................................................ 4 5.0 Stakeholder Interviews ......................................................................................................................................... 4 6.0 Existing Conditions Analysis .............................................................................................................................. 5 6.1 Detailed Intersection Analysis ................................................................................................................ 5 6.2 Existing Conditions ................................................................................................................................ 6 7.0 Preliminary Recommendations ........................................................................................................................... 7 7.1 Transportation Recommendations .......................................................................................................... 7 7.2 Urban Design Recommendations ........................................................................................................... 7 Crabapple Crossroads T:\019031000 ii January 2009 LIST OF FIGURES Following Page Figure 1:Aerial ....................................................................................................................................................... 1 Figure 2:Existing 2008 Conditions .................................................................................................................... 6 LIST OF TABLES Page Table 1:Existing Roadway Characteristics ....................................................................................................... 2 Table 2:Intersection Turning Movement Count Summary .......................................................................... 3 Table 3:Average Queue Length ........................................................................................................................ 4 Table 4:Level of Service Criteria ....................................................................................................................... 5 Table 5:Existing 2008 Intersection Levels of Service.................................................................................... 6 Crabapple Crossroads T:\019031000 1 January 2009 Executive Summary The purpose of this report is to summarize the results of the transportation inventory and analysis of a portion of the Crabapple Crossroads Community. The intent of the study was to understand the traffic patterns and operations around the intersection of Crabapple Road/Mayfield Road at Broadwell Road/Birmingham Highway and to make recommendations for improving the area, particularly by adding a more enhanced grid network on the southeast quadrant of the intersection. Traffic counts were collected at eleven intersections, at and around the primary intersection, to capture any potential shifts in traffic patterns that could result from new roadways. Queuing on all legs of the main intersection was observed during the peak periods, and five tube counts were conducted to understand daily fluctuations in volume. Additionally, zoning conditions for related properties were reviewed in conjunction with limited initial stakeholder interviews. The results of the detailed intersection analysis for the existing conditions indicated that the main intersection is currently operating at a Level of Service E in the AM peak hour. Northbound and southbound left-turn lanes or a roundabout are recommended as potential short-term and long-term improvements, respectively. It is unclear at this time if the addition of a grid network on the southeast quadrant of the intersection will alleviate congestion issues at the intersection. The northbound right-turn and westbound left-turn movements (those most impacted by the creation of a grid network) have relatively low volumes; therefore, removing those movements from the intersection would not reduce the intersection delay significantly. 1.0 Introduction Results from the 2007 Crabapple Crossroads Community Plan Update indicated a need for more connectivity and a better grid network in the vicinity of the intersection of Crabapple Road at Broadwell Road on the south side of the City of Milton. According to this study, the enhanced roadway network could provide more vehicular options to drivers and could relieve some of the intersections that are currently over capacity. Kimley-Horn and Associates, Inc. was retained to provide an analysis of the existing traffic operations at the primary Crabapple Crossroads intersection (the intersection of Crabapple Road/Mayfield Road and Broadwell Road/Birmingham Highway) as well as some of the other related intersections. The purpose of the study was also to focus on the southeast quadrant of the intersection in an effort to provide additional roadway connections between existing properties. This quadrant includes Broadwell Road from Mayfield Road to the city limits, Mayfield Road from Broadwell Road to Charlotte Drive, Charlotte Drive, and Mid- Broadwell Road from Mayfield Road to the city limits.Figure 1 shows an aerial view of the study area. This study includes an analysis of the existing conditions surrounding the Crabapple Crossroads intersection, supported by an extensive data collection effort and informed by stakeholder interviews with property owners near the study area. Using that analysis, specific improvements to the intersection are recommended for further study. 2.0 Study Area 2.1 Study Network Determination The study network was selected such that it would capture the effects of any changes in traffic volumes and patterns resulting from changes to the intersection of Crabapple Road/Mayfield Road and Broadwell Road/Birmingham Highway or the creation of new roadways in the southeast quadrant of the Crabapple Crossroads intersection. The following intersections were included in the study network: AerialCrabapple CrossroadsNOT TO SCALE Broadwell RoadBirmingham HighwayFigure1 Crabapple Crossroads T:\019031000 2 January 2009 1.Birmingham Highway at Bentworth Lane (Unsignalized) 2.Birmingham Highway at Branyan Trail (Unsignalized) 3.Broadwell Road/Birmingham Highway at Crabapple Road/Mayfield Road (Signalized) 4.Broadwell Road at Marstrow Drive (Unsignalized) 5.Broadwell Road at Dorsland Way (Unsignalized) 6.Broadwell Road at Dunbrody Drive (Unsignalized) 7.Crabapple Road at Dunbrody Drive (Unsignalized) 8.Crabapple Road at Lecoma Trace/Marstrow Drive (Unsignalized) 9.Mayfield Road at Charlotte Drive (Signalized) 10.Mid-Broadwell Road at Charlotte Drive (Unsignalized) 11.Mayfield Road at Mid-Broadwell Road (Unsignalized) Each of the referenced intersections was analyzed for the 2008 Existing Conditions. 3.0 Existing Traffic Conditions 3.1 Existing Roadways Table 1 summarizes roadways included in the study area of the traffic impact analysis. Only two of the roadways, Broadwell Road/Birmingham Highway and Crabapple Road/Mayfield Road are minor arterials. All other roadways are local roads with fairly limited connectivity. The lack of collectors and arterials in the area does result in the majority of through traffic being located on these two roadways. Table 1 Crabapple Crossroads Existing Roadway Characteristics Roadway Road Type Number of Lanes Posted Speed Limit (MPH) GDOT Functional Classification Broadwell Road / Birmingham Highway Two-Way, Undivided 2 35 Urban Minor Arterial Crabapple Road / Mayfield Road Two-Way, Undivided 2 45 Urban Minor Arterial Bentworth Lane Two-Way, Undivided 2 25 Urban Local Street Branyan Road Two-Way, Undivided 2 25 Urban Local Street Marstrow Drive Two-Way, Undivided 2 25 Urban Local Street Dorsland Way Two-Way, Undivided 2 25 Urban Local Street Dunbrody Drive Two-Way, Undivided 2 25 Urban Local Street Charlotte Drive Two-Way, Undivided 2 35 Urban Local Street Mid-Broadwell Road Two-Way, Undivided 2 35 Urban Local Street Crabapple Crossroads T:\019031000 3 January 2009 3.2 Traffic Data Collection Weekday peak hour turning movement counts were conducted on Tuesday, November 11, 2008 at nine (9) unsignalized intersections and two (2) signalized intersections during the AM and PM peak periods. The AM counts were conducted between 7:00 AM and 9:00 AM, and the PM counts were conducted between 4:30 PM and 6:30 PM. The weekday morning and afternoon peak hours varied between the eleven (11) intersections, and the peak hours for each intersection are listed below in Table 2. Additionally, five daily tube counts were conducted on November 11, 2008. These count stations were located on all five legs of the main Crabapple cluster of intersections: Broadwell Road (1), Birmingham Highway (1), Crabapple Road (1), Mayfield Road (1), and Mid-Broadwell Road (1). Table 2 Crabapple Crossroads Intersection Turning Movement Count Summary Intersection Control AM Peak Hour PM Peak Hour 1 Birmingham Highway at Bentworth Lane Unsignalized 7:30 – 8:30 5:30 – 6:30 2 Birmingham Highway at Branyan Trail Unsignalized 7:30 – 8:30 5:15 – 6:15 3 Broadwell Road/Birmingham Highway at Crabapple Road/Mayfield Road Signalized 7:30 – 8:30 5:00 – 6:00 4 Broadwell Road at Marstrow Drive Unsignalized 7:30 – 8:30 5:00 – 6:00 5 Broadwell Road at Dorsland Way Unsignalized 7:45 – 8:45 5:00 – 6:00 6 Broadwell Road at Dunbrody Drive Unsignalized 7:45 – 8:45 5:00 – 6:00 7 Crabapple Road at Dunbrody Drive Unsignalized 8:00 – 9:00 5:00 – 6:00 8 Crabapple Road at Lecoma Trace/Marstrow Drive Unsignalized 7:15 – 8:15 5:00 – 6:00 9 Mayfield Road at Charlotte Drive Signalized 7:30 – 8:30 5:00 – 6:00 10 Mid-Broadwell Road at Charlotte Drive Unsignalized 7:30 – 8:30 5:00 – 6:00 11 Mayfield Road at Mid-Broadwell Road Unsignalized 7:30 – 8:30 5:00 – 6:00 All raw count data is included in the Appendix. Crabapple Crossroads T:\019031000 4 January 2009 3.3 Queue Observations Queue observations were performed at each approach for the intersection of Crabapple Road/Mayfield Road and Birmingham Highway/Broadwell Road. The observations were conducted during the AM and PM peak periods, from 7:00 – 9:00 AM and from 4:30 – 6:30 PM, respectively. Average queue lengths for each approach were as shown in Table 3: Table 3 Crabapple Crossroads Average Queue Length Approach AM Peak Period PM Peak Period Northbound 8 cars 17 cars Southbound 22 cars 11 cars Eastbound 44 cars 17 cars Westbound 15 cars 35 cars The most significant queues occurred in the southbound and eastbound directions in the morning, while the pattern reversed in the afternoon. In all directions, the lack of left-turn lanes is responsible for much of the queuing because left-turning vehicles block all through traffic while waiting for a gap in the opposing direction. 4.0 Zoning Conditions The City of Milton’s existing zoning conditions were researched within the Crabapple Crossroads study area. The zoning research included review of the current zoning map, existing and future land use maps, zoning cases and their conditions, and the City’s standards and regulations. Zoning cases within the Crabapple Crossroads study area were reviewed to determine if rights-of-way along public roads, easements, or greenspace requirements were placed on properties within the study area that should be considered during the development of concepts for the study network. For each zoning case, a stipulation was included for the property owner to dedicate and reserve right-of-way along the entire property frontage along public roadways as well as construction easements for right-of-way improvements. 5.0 Stakeholder Interviews In support of data collection efforts and existing conditions analysis, Kimley-Horn staff conducted field and telephone interviews with the Crabapple Crossroads residents and businesses. A list of thirty-two persons was provided by the city. Kimley-Horn drafted a letter that the city distributed making the residents aware of the opportunity for input. A total of eight persons responded. Several key themes emerged from these discussions: 1.Desire to maintain the community and historic character of Crabapple Crossroads 2.Traffic problem is with commuters (through-north of the area) and school traffic 3.General opposition to a grid street network through the southeast quadrant Crabapple Crossroads T:\019031000 5 January 2009 Additional stakeholder interviews were delayed until the study resumes as part of the overall transportation plan for the City of Milton. 6.0 Existing Conditions Analysis 6.1 Detailed Intersection Analysis Level of Service (LOS) is used to describe the operating characteristics of a road segment or intersection in relation to its capacity. LOS is defined as a qualitative measure that describes operational conditions and motorists’ perceptions within a traffic stream. The Highway Capacity Manual defines six levels of service, LOS A through LOS F, with A being the best and F being the worst. Table 3 illustrates LOS thresholds for unsignalized and signalized intersections. Level of service analyses were conducted at all intersections within the study network using Synchro Professional, Version 6.0. Table 4 Crabapple Crossroads Level of Service Criteria Unsignalized and Signalized Intersections Unsignalized Intersections Signalized Intersections Level-of- Service Average Control Delay (sec/veh) Level-of- Service Average Control Delay (sec/veh) A 10 A 10 B > 10 and 15 B > 10 and 20 C > 15 and 25 C > 20 and 35 D > 25 and 35 D > 35 and 55 E > 35 and 50 E > 55 and 80 F > 50 F > 80 Source: 2000 Highway Capacity Manual Level of Service for signalized intersections is reported for the intersection as a whole. One or more movements at an intersection may experience a low LOS, while the intersection as a whole may operate at the LOS standard. Level of Service for unsignalized intersections, with stop control on the minor street only, is reported for the side street approach. Low Levels of Service for side street approaches are not uncommon, as vehicles may experience delay in turning onto a major roadway. Crabapple Crossroads T:\019031000 6 January 2009 6.2 Existing Conditions The observed existing peak hour traffic volumes (as well as pedestrian volumes and heavy vehicle factors) were input in Synchro 6.0, along with the existing traffic signal cycle lengths, splits, and offsets, and an Existing Conditions analysis was performed. Existing traffic volumes can be seen in Figure 2. The results are displayed below in Table 5. Table 5 Crabapple Crossroads Existing 2008 Intersection Levels of Service (delay in seconds) Intersection Control AM Peak Hour PM Peak Hour LOS LOS 1 Birmingham Highway at Bentworth Lane EB Stop E D 2 Birmingham Highway at Branyan Trail EB Stop C C 3 Broadwell Road/Birmingham Highway at Crabapple Road/Mayfield Road Signal E (57.9)D (45.3) 4 Broadwell Road at Marstrow Drive EB Stop B B 5 Broadwell Road at Dorsland Way EB Stop B B 6 Broadwell Road at Dunbrody Drive EB Stop B B 7 Crabapple Road at Dunbrody Drive NB Stop B B 8 Crabapple Road at Lecoma Trace/Marstrow Drive NB/SB Stop C / C E / C 9 Mayfield Road at Charlotte Drive Signal B (13.4)B (11.7) 10 Mid-Broadwell Road at Charlotte Drive SB Stop E B 11 Mayfield Road at Mid-Broadwell Road NB Stop B B Most intersections currently operate at LOS D or higher, except for the intersection of Crabapple Road at Broadwell Road and a few side street approaches. The inefficiency of the main intersection is primarily due to the high volume of turning movements that occur on every leg of the intersection as well as the opposing through volumes. In its current configuration, the main intersection has only one turn lane, serving the eastbound right-turn movement. All left-turn movements, from every approach, must wait for a gap in the opposing traffic. The waiting cars then block the intersection, and long queues develop. These queues primarily manifest themselves on the eastbound and southbound approaches in the AM peak period and on the westbound and northbound approaches in the PM peak period. Existing 2008ConditionsCrabapple CrossroadsNOT TO SCALE XX AM Peak Hour Traffic Volumes (XX) PM Peak Hour Traffic Volumes Existing Roadway Laneage LEGEND Existing Traffic Signal(11) 4(0) 1(10) 8(3) 3(488) 420135 (17)440 (331)(76) 66 (1) 0 (43) 7(385) 2317 (4)252 (149)(8) 57 (25) 62 162 (398) 9 (74)1 (3)237 (13)(4) 2 (109) 348(112) 17(271) 205(32) 77121 (80) 341(497) 17 (13)115 (199)237 (105)122 (56)(125) 113 (300) 450 (19) 22 (64) 9465 (592) (265) 264 (103) 345 (0) 0(478) 43132 (36)442 (352)(20) 4 (0) 4 (12) 4(431) 2254 (16)353 (174)(4) 4 (0) 0 (4) 0(429) 2211 (0)343 (176)(2) 3 (1) 616 (15)2 (1)5 (0)1 2 3 11 4 5 6 7 8 9 10 Bentworth Lane Branyan Trail Dorsland Way Dunbrody Drive Birmingham Highway Broadwell Road Marstrow Drive Dunbrody Drive Figure2 Crabapple Crossroads T:\019031000 7 January 2009 Delay at side streets is fairly common in cases where there exists a high volume of traffic along the main line. The situation is exacerbated in this case by the long queues that develop as a result of the inefficiency discussed above. The queues spill across the side street intersections, leaving few gaps for cars entering from the nearby side streets. 7.0 Preliminary Recommendations 7.1 Transportation Recommendations Given the existing conditions, some initial recommendations can be made for the intersection of Crabapple Road at Broadwell Road. Formal recommendations should be made after the addition of background growth in the vicinity of the intersection, especially considering that there is new development occurring on the northwest quadrant of the intersection. This intersection will require careful design as a result of the location of historic properties on both the northeast and southeast quadrants of the intersection. An intermediate solution to the current delay at the intersection is the addition of left-turn lanes on the north and south legs of the intersection. The addition of these left-turn lanes has the potential to improve the Level of Service at the intersection from an LOS E to an LOS C in the AM peak hour. By removing the left- turning traffic from the travel lane, the delay at the intersection could decrease by nearly half. The widening to accommodate these lanes would need to occur on the west side of the intersection in order to not disturb the historic properties on the east. A longer-term solution that can also be considered at this time is the construction of a roundabout. Preliminary analysis indicates that the current volumes could be accommodated in a single-lane roundabout. As previously mentioned, it is necessary to consider future growth in the area before selecting a final recommendation. Geometrically, the roundabout would need to be located slightly west of the existing intersection so as not to disturb the historic properties. Therefore, it is likely that the gas station on the northwest corner would be adversely impacted by the design. Because of the historic developments in the area, the roundabout would fit well with the character of the area and could alleviate the traffic issues simultaneously. At this time, the construction of a grid network on the southeast side of the intersection is not deemed to be necessary. The improvements suggested above have the ability to alleviate the traffic problems at the intersection without the adverse affects of retrofitting new roadways into an existing community. Additionally, it is unclear as to whether or not the proposed grid network would sufficiently remove traffic from the intersection of interest. More detailed formal recommendations for this intersection will be made as part of the City of Milton Transportation Plan that is currently in progress. 7.2 Urban Design Recommendations With the historic preservation of Crabapple along with the present growth of new developments in the town, Crabapple has been divided into two separate experiences, both within close proximity of each other. The historical areas and the new developments currently have no unifying visual characteristics to bring the two together; therefore, the area offers urban design implementation opportunities. Urban design strategies that can be used to unify the two areas of Crabapple are consistent signage, bike lanes connecting old and new, and streetscape improvements (consistent sidewalk patterning, planter strips for rural areas, furniture zones for urban areas, and etc.) By making these improvements in both areas of town and by focusing on pedestrian and bicycle circulation as a complement to vehicular circulation improvements, the two areas will begin to unify and have a positive effect on the community of Crabapple. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on December 3, 2012 for the December 17, 2012 Regular Council Meeting Agenda Item: Consideration of a Resolution to Adopt the 2013 Rezoning and Use Permit, Planning Commission, Zoning Modification, Board of Zoning Appeals, Historic Preservation Commission and the City of Milton Design Review Board Schedules. ____________________________________________________________________________ Department Recommendation: To approve the attached Resolution to adopt the following: 2013 Rezoning and Use Permit, Planning Commission, Zoning Modification, Board of Zoning Appeals, Historic Preservation Commission and the City of Milton Design Review Board Schedules. Executive Summary: To ensure that all the boards and commissions related to the Community Development Department meet regularly throughout the year, new schedules need to be approved by the Mayor and City Council. Funding and Fiscal Impact: There will be no impact on funding or fiscal impact. Alternatives: Approve, Approve with Changes, Deny, Table Legal Review: None required. Concurrent Review: Chris Lagerbloom, City Manager Sudie Gordon, City Clerk City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 Page 2 of 2 Attachment(s): 2013 Rezoning and Use Permit, Planning Commission, Zoning Modification, Board of Zoning Appeals, Historic Preservation Commission and the City of Milton Design Review Board Schedules. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE CITY OF MILTON 2013 REZONING AND USE PERMIT SCHEDULE, PLANNING COMMISSION SCHEDULE, ZONING MODIFICATION SCHEDULE, BOARD OF ZONING APPEALS SCHEDULE, HISTORIC PRESERVATION COMMISSION AND THE DESIGN REVIEW BOARD SCHEDULE The Council of the City of Milton hereby resolves while in regular session on the 17th day of December, 2012 at 6:00 pm: SECTION 1. That the Rezoning and Use Permit Schedule is hereby approved as attached; SECTION 2. That the Planning Commission Schedule is hereby approved as attached; SECTION 3. That the Zoning Modification Schedule is hereby approved as attached; SECTION 4. That the Board of Zoning Appeals Schedule is hereby approved as attached; SECTION 5. That the Historic Preservation Commission Schedule is hereby approved as attached; SECTION 6. That the Design Review Board Schedule is hereby approved as attached; SECTION 7. That this approval be effective December 17th, 2012. RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 17th day of December, 2012. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk 2013 City of Milton Rezoning/Use Permit Schedule Application Filing Deadline (1st Tuesday) Community Zoning Information Meeting (CZIM) 7 P.M. Design Review Board Meeting 6 P.M. Planning Commission Meeting 7 P.M. City Council (Zoning Agenda) 6 P.M. 12/4/12 1/2/13 1/8/13 1/22/13 2/20/13* 1/2/13*** 1/30/13 2/5/13 2/26/13 3/18/13 2/5/13 2/27/13 3/5/13 3/26/13 4/22/13** 3/5/13 3/27/13 4/2/13 4/23/13 5/20/13 4/2/13 4/24/13 5/7/13 5/22/13* 6/17/13 5/7/13 5/29/13 6/4/13 6/25/13 7/15/13 6/4/13 6/26/13 7/2/13 7/23/13 8/19/13 7/2/13 7/24/13 8/6/13 8/27/13 9/16/13 8/6/13 8/28/13 9/3/13 9/24/13 10/21/13 9/3/13 9/25/13 10/1/13 10/22/13 11/18/13 10/1/13 10/23/13 11/5/13 11/20/13* 12/16/13 11/5/13 12/4/13*** 12/3/13 12/18/13* 1/22/14* 12/3/13 1/8/14*** 1/7/14 1/28/14 2/19/14* * Indicates a Wednesday Meeting ** Indicates a 4th Monday based on Spring Break ***Indicates a change in normal schedule based on Holidays 2013 City of Milton Planning Commission Schedule 4th Tuesday of the month unless otherwise indicated 7:00 P.M. Application Filing Deadline (1st Tuesday) Planning Commission Meeting 7 P.M. 12/4/12 1/22/13 1/2/13** 2/26/13 2/5/13 3/26/13 3/5/13 4/23/13 4/2/13 5/22/13*** 5/7/13 6/25/13 6/4/13 7/23/13 7/2/13 8/27/13 8/6/13 9/24/13 9/3/13 10/22/13 10/1/13 11/20/13*** 11/5/13 12/18/13*** 12/3/13 1/28/14 ***Indicates a change in normal schedule based on Holidays 2013 City of Milton Zoning Modification Schedule (City Council Agenda) 3rd Monday of the month unless otherwise indicated 6:00 P.M. Application Filing Deadline 5 P.M. (1st Tuesday) City Council (Zoning Agenda) 6 P.M. 12/4/12 1/23/13* 1/2/13 2/20/13* 2/5/13 3/18/13 3/5/13 4/22/13** 4/2/13 5/20/13 5/7/13 6/17/13 6/4/13 7/15/13 7/2/13 8/19/13 8/6/13 9/16/13 9/3/13 10/21/13 10/1/13 11/18/13 11/5/13 12/16/13 12/3/13 1/22/14* * Indicates a Wednesday Meeting ** Indicates a 4th Monday based on Holidays 2013 City of Milton Board of Zoning Appeals Schedule (3rd 7 P.M. Tuesday) Application Filing Deadline 5 P.M. (1st Design Review Board Tuesday) 6 P.M. Board of Zoning Appeals Meeting 7 P.M. (3rd Tuesday) 12/4/12 1/8/13 1/15/13 1/2/13 2/5/13 2/19/13 2/5/13 3/5/13 3/19/13 3/5/13 4/2/13 4/16/13 4/2/13 5/7/13 5/21/13 5/7/13 6/4/13 6/18/13 6/4/13 7/2/13 7/16/13 7/2/13 8/6/13 8/20/13 8/6/13 9/3/13 9/17/13 9/3/13 10/1/13 10/15/13 10/1/13 11/5/13 11/19/13 11/5/13 12/3/13 12/17/13 12/3/13 1/7/14 1/21/14 2013 City of Milton Historic Preservation Commission Schedule (4th Monday of the Month) 6 P.M. Application Filing Deadline 5 P.M. (3rd Tuesday of Prior Month) Historic Preservation Commission 6 P.M. 12/18/12 1/28/13 1/15/13 2/25/13 2/19/13 3/25/13 3/19/13 4/22/13 4/16/13 5/20/13 5/21/13 6/24/13 6/18/13 7/22/13 7/16/13 8/26/13 8/20/13 9/23/13 9/17/13 10/28/13 10/15/13 11/18/13 11/19/13 12/16/13 2013 City of Milton Design Review Board (1st Tuesday) 6 P.M. Application Filing Deadline 5 P.M. (3rd Tuesday of prior month) City of Milton Design Review Board 6 P.M. 12/18/12 1/8/13* 1/15/13 2/5/13 2/19/13 3/5/13 3/19/13 4/2/13 4/16/13 5/7/13 5/21/13 6/4/13 6/18/13 7/2/13 7/16/13 8/6/13 8/20/13 9/3/13 9/17/13 10/1/13 10/15/13 11/5/13 11/19/13 12/3/13 12/17/13 1/7/14 *Indicates a change in normal schedule based on Holidays City of Milton 13000 Deerfield Parkway Suite 107F Milton, GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on December 6, 2012 for the December 17, 2012 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and EMS Ventures, Inc. d/b/a Rural/Metro Ambulance to Provide Emergency Medical Services for the City of Milton. ____________________________________________________________________________ Department Recommendation: Approve the attached Professional Services Agreement for emergency medical services in the City of Milton for the provision of pre-hospital care to the sick and injured in our community. Executive Summary: The Georgia Department of Human Resources, through the EMS Region III Council, has the ultimate authority and responsibility for providing emergency medical services in Fulton County, Georgia. The State of Georgia Department of Human Resources has approved a Regional Ambulance Zoning Plan which designates Rural/Metro as the 911 EMS providers for North Fulton County (which includes Milton, Alpharetta, Johns Creek, Mountain Park, Roswell and Sandy Springs). Rural/Metro shall respond to requests for service and provide emergency medical care and transportation to local hospitals. Currently, the City is under contract with Rural/Metro for emergency medical services. This new agreement, if approved will replace that agreement effective January 1, 2013. This new agreement includes the elimination of the monthly subsidy ($11,020.83) no later than June 30, 2013. Response times for (B)ravo – (E)cho calls will go from 8 minutes to 12 minutes and (A)lpha level calls will go from 12 minutes to 15 minutes. The letter denotes the degree of seriousness to the incident, A being least and E being the most life threatening. System-wide compliance will be measured at the 90th percentile threshold. Rural/Metro currently provides six ambulances during peak hours and four ambulances during non-peak hours. This new agreement integrates General Transport (GT) units into the 911 system, adding a maximum of nine ambulances during peak hours and a minimum of four ambulances during non-peak hours. This change allows Rural/Metro to utilize 911 ambulances and GT units to conduct inter-facility transport; all inter-facility transports will be suspended once the number of available ambulances goes down to four. City of Milton 13000 Deerfield Parkway Suite 107F Milton, GA 30004 Page 2 of 2 Rural/Metro shall install Mobile Data Terminals (MDTs) in all ambulances, which will identify closer unit response by GPS, resulting in improved response times. Rural/Metro will also develop a mutual aid plan with other private ambulance services and local county fire based EMS systems. After careful consideration and agreement with the leadership of the six North Fulton Fire Departments, Milton Fire-Rescue Department recommends the approval of this agreement. The addition of the GT units into the 911 system and the improvements noted, are all attempts to improve response times and perhaps patient outcomes. Funding and Fiscal Impact Staff is recommending approval of the new Professional Services Agreement with EMS Ventures, INC. d/b/a Rural/Metro Ambulance at an annual savings of $132,250. Alternatives The City may opt to continue with the current agreement, which will continue to lead to extended response times and an additional annual cost of $132,250 per year. Concurrent Review Chris Lagerbloom, City Manager Attachments 1. Professional Services Agreement CONTRACT BETWEEN CITIES OF ALPHARETTA, JOHNS CREEK, MILTON, MOUNTAIN PARK AND ROSWELL AND EMS VENTURES, INC. d/b/a RURAL/METRO AMBULANCE This Agreement is made and entered into by and between EMS Ventures, Inc., a Georgia corporation d/b/a Rural/Metro Ambulance (“Rural/Metro”) and the Cities of Alpharetta, Johns Creek, Milton, Mountain Park and Roswell (“Cities”), each a political subdivision of the State of Georgia, acting by and through its duly elected City Council Members, effective January 1, 2013 (the “Effective Date”). RECITALS: WHEREAS, the Georgia Department of Human Resources has approved a Regional Ambulance Zoning Plan which designates Rural/Metro as the 911 EMS Provider for North Fulton County (which includes Alpharetta, Johns Creek, Milton, Mountain Park, Roswell, and Sandy Springs); WHEREAS, Rural/Metro is the owner and operator of certain emergency medical care vehicles and equipment designed to respond to requests for and provide emergency medical care and transportation and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment and to the provision of emergency medical services; WHEREAS, the Cities and Rural/Metro desire to enter into an agreement for the provision of such services within the City limits of each City at an enhanced level of performance; NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Provision of Services. Rural/Metro agrees to provide the Cities with services in accordance with the description and definitions the parties have mutually agreed upon and detailed in Exhibit A and in accordance with the terms and conditions set forth in this Agreement. 2. Certifications and Licenses. Each party shall maintain all certifications and licenses as required by all Applicable Law to perform its obligations hereunder. 3. Qualifications to Participate in Federal and State Healthcare Programs. Both parties represent and warrant that (i) neither it nor any employee, agent, or independent contractor provided under this Agreement is excluded from participation under any Federal Health Care Program for the provision of items or services for which payment may be made under a Federal Health Care Program; (ii) neither it nor any employee, agent or independent contractor provided under this Agreement has been convicted of a felony relating to health care fraud as defined under 42 U.S.C. §1320a-7(a)(3); and (iii) no final adverse action, as such term is defined under 42 U.S.C. §1320(a)-7(c) has occurred or is pending or threatened against either party or to its knowledge against any employee, agent or independent contra ctor engaged to provide items or ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 2 of 20 services under this Agreement (collectively “Exclusions/Adverse Actions”). During the term of this Agreement, each party agrees to notify the other party in writing of any Exclusions/Adverse Actions within ten (10) days of learning of any such Exclusions/Adverse Actions and provide the basis of the Exclusions/Adverse Actions. Each party acknowledges that the exclusion of any employee, agent or independent contractor from participation in the Federal Health Care Programs shall result in his or her immediate removal from the performance of duties and responsibilities for the other party under the terms of this Agreement. Each party acknowledges and agrees that any Exclusions/Adverse Actions of or against it or any employee, agent or independent contractor utilized, directly or indirectly, in the performance of this Agreement may serve as the basis of an immediate termination of this Agreement by the other party. For purposes of this Agreement, a “Federal Health Care Program” shall mean any plan or program providing health care benefits, whether directly through insurance or otherwise, that is funded directly, in whole or part, by the United States Government (other than the Federal Employees Health Benefits Program), or any State health care program and shall include, by way of example, the Medicare and Medicaid programs. 4. Insurance. Rural/Metro shall maintain at all applicable times, at its own expense, the insurance coverage set forth in Exhibit B. 5. Ownership of Records and Confidential Information. In addition to protected health information, as defined in 45 CFR § 164.504, or individually identifiable health information, as defined in 42 U.S.C. § 1320d (“Protected Health Information”), during the course of performing this Agreement, each party may from time to time receive confidential information about the other including but not limited to information about the party’s customers, patients, practices, procedures, strategies, organization, financial and other related information. Neither party shall use or disclose any such confidential information for any purpose other than the limited purpose of performing its obligations under this Agreement, without the prior express written permission of the supplying party. All documents and records prepared, maintained, handled or otherwise related to Rural/Metro’s performance of services hereunder are and shall be the property of Rural/Metro. Rural/Metro’s copyrighted materials and procedures shall be and remain the sole property of Rural/Metro. If a party is served with a subpoena or other legal process concerning confidential information of the other party, that party shall immediately (not more than 48 hours after the receipt) notify the supplying party and shall cooperate with it in any lawful effort to contest the legal validity of such process the supplying party may wish to pursue. 6. Availability of Information. During the term of this Agreement and pursuant to any record retention law or regulation the parties are subject to, each party shall make available upon written request of the other, to the Secretary of the Department of Health and Human Services, or to the Comptroller General of the United States, or of any duly authorized representatives of any government agency, this Agreement and the books, documents and records of the party that are necessary to certify the nature and extent of the costs of this Agreement and/or compliance with the law. 7. Warranties and Representations. a) Rural/Metro warrants and represents (i) that it shall perform its services in accordance with industry standards; (ii) that to the best of its knowledge all goods and services ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 3 of 20 reflected in its billing have been furnished to Customer; and, (iii) it shall perform all its obligations and maintain all records and patient information used for the performance of services under this Agreement in compliance with all applicable law including but not limited to the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1601 et seq., as amended, any applicable state Consumer Protection laws, as amended, the Bankruptcy Code, 11 U.S.C. §§ 101 et. seq., as amended, and the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §§ 1320d through d-8, as amended (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009, 45 CFR Parts 142, 160, 162 and 164 (the “HITECH Act”).. b) Each party represents and warrants to the other that (i) it has the right to enter into this Agreement, to grant the rights granted in this Agreement and to perform fully all of the services and obligations contemplated by this Agreement; (ii) all necessary laws, consents, resolutions, and corporate/political actions have duly authorized the execution and performance of this Agreement, and this Agreement constitutes a valid and enforceable obligation of each of the parties; (iii) the person entering into this Agreement is authorized to sign this Agreement on behalf of the party; and (iv) the parties have reviewed this Agreement with their respective legal counsel to the party’s satisfaction or voluntarily waived their right to do so. The parties acknowledge that HIPAA and the HITECH Act, and the regulations promulgated thereunder apply to the activities described in this Agreement, and that both parties are "covered entities" as that term is used in HIPAA and the HITECH Act. In that regard, the parties acknowledge and warrant to each other that their respective activities undertaken pursuant to this Agreement shall conform to HIPAA and the HITECH Act no later than the effective date of each such requirement. c) The Cities warrant and represent that (i) all information supplied to and all representations made to Rural/Metro shall be true, accurate and complete and in the event such information or representation (s) made herein become inaccurate ; incomplete, the Cities will promptly notify Rural/Metro in writing of such occurrence; (ii) the Cities shall perform all its obligations and maintain all records and patient information used for the performance of services under this Agreement in compliance with all applicable law. including but not limited to the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1601 et seq., as amended, any applicable state Consumer Protection laws, as amended, the Bankruptcy Code, 11 U.S.C. §§ 101 et. seq., as amended, and HIPAA and the HITECH Act. The Cities acknowledges that they have received copies of Rural/Metro’s Code of Ethics and Business Conduct and Rural/Metro’s Anti-Kickback Policy. 8. Data Collection and Reporting Required. Rural/Metro’s data collection and reporting systems shall meet mutually agreed upon reasonable standards, which reports shall be furnished to the Cities upon written request. Rural/Metro agrees to meet with representative of the Cities on a regular basis, at mutually acceptable times, to review policies, procedures, and quality issues. 9. Rate Adjustments. Rural/Metro may adjust its rates and charges for services from time to time at its sole discretion, but shall not amend the terms of this Agreement without consent of all parties. Rural/Metro agrees to provide the Cities with a notice of its intent to adjust its rates at least forty five (45) days prior to implementing the new rates. ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 4 of 20 10. Fair Market Value. This Agreement has been negotiated at arms length and in good faith by the parties. Nothing contained in this Agreement, including any compensation paid or payable, is intended or shall be construed: (i) to require, influence or otherwise induce or solicit either party regarding referrals of business or patients, or the recommending the ordering of any items or services of any kind whatsoever to the other party or any of its affiliates, or to any other person, or otherwise generate business between the parties to be reimbursed in whole or in part by any Federal Health Care Program; or (ii) to interfere with a patient’s right to choose his or her own health care provider. 11. Indemnification. Each party, its officers, directors, and employees (“Indemnitor”) shall to the extent allowed by law indemnify and hold harmless the other, its officers, directors, and employees, (“Indemnitee”) for, from and against all costs, claims, losses, liabilities, penalties, fines, citations, expenses, forfeitures or other damages, including but not limited to settlements, defense costs, judgments, court costs, expert(s) fees and reasonable fees of attorneys, incident to, and which it may incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of Applicable Law, to the extent that such damage was caused by, in whole or in part, incident to or arose out of this Agreement and the Indemnitor’s: (i) breach of this Agreement; or (ii) negligent or willful act(s) or omission(s); or (iii) violation of Applicable Law; or (iv) any employment, workers’ compensation or other related claim by Indemnitor's employees, agents or subcontractors. Nothing in this section shall limit any right to contribution or other allocation of fault between the parties as determined by a court of competent jurisdiction and as permitted by all Applicable Law. 12. Term of Agreement and Renewal Provisions. This Agreement shall commence on the Effective Date of this Agreement and continue for a period of one (1) year unless either party provides the other party with thirty (30) days’ notice of its intent to not renew the term.. Absent termination as provided for in this Agreement, the Agreement shall automatically be renewed for successive one year terms. 13. Termination for Default. The Cities may terminate this Agreement upon a default of Rural/Metro. A “default” is one that is of urgent public necessity, i.e.: (i) Rural/Metro materially breaches the Agreement resulting in a complete system failure, and/or an actual, continuing material adverse impact and endangerment to the health and welfare, safety and quality of care to the citizens of the Cities; and (ii) Cities have been provided sixty (60) days written notice of such default to Rural/Metro and Rural/Metro does not cure such default in a reasonable period of time. Likewise, Rural/Metro shall have the right to terminate or cancel this Agreement or to pursue any appropriate legal remedy in the event the Cities materially breach the Agreement and fail· to correct or cure such default within sixty (60) days following the written notice by Rural/Metro specifying the default or defaults complained of and the date of intended termination. If the Agreement is terminated pursuant to this paragraph, Rural/Metro shall be entitled to compensation for services provided up to and including the date of termination stated in the termination notice. 14. Regulatory Changes. Rural/Metro reserves the right to modify this Agreement with consent of all parties, upon thirty (30) days’ notice to the Cities in the event any Applicable Law, ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 5 of 20 government policy or program change is passed or adopted effecting Rural/Metro’s rates, provisions of services and/or obligations. 15. Compliance with Anti-Kickback Statute. Each party shall comply with the Federal Health Care Programs’ Anti-Kickback Statute (42 U.S.C. § 1320a-7b) and any applicable regulations promulgated thereunder. The parties further recognize that this Agreement shall be subject to the amendments of the Anti-Kickback Statute or any of its applicable regulations. In the event any applicable provisions of the Anti-Kickback Statute or its regulations invalidate, or are otherwise inconsistent with the terms of this Agreement, or would cause one or both of the parties to be in violation of the law, the parties shall exercise their best efforts to accommodate the terms and intent of this Agreement to the greatest extent possible consistent with the requirements of the Statute and its applicable regulations. 16. Compliance with Applicable Law. Both parties agree to be in full compliance with all Applicable Law and shall immediately notify the non-breaching party in the event it has failed to comply with this Section. In such an event, the non-breaching party may immediately terminate this Agreement. 17. EXCLUSION OF CERTAIN DAMAGES. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR LOST PROFITS, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE BASIS OF THE CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 18. Independent Contractor. Rural/Metro is an independent contractor and nothing in this Agreement shall be construed as creating an employment relationship, agency, partnership, or joint venture between the parties. Each party shall control and direct the methods by which it performs its responsibilities hereunder. Except as provided herein, neither party is authorized to act on behalf of the other in any other matter whatsoever. In the event of medical necessity, the Cities’ personnel may be requested to assist Rural/Metro in the continued medical care of the patient by accompanying the patient during Rural/Metro transportation. Under no circumstances shall the Cities’ employee be considered an employee of Rural/Metro. 19. Waivers. The failure by either party to insist on strict performance by the other party of any provision of this Agreement shall not be a waiver of any subsequent breach or default of any provision of this Agreement. 20. Governing Law. This Agreement shall be subject to and governed according to the laws of the State of Georgia, regardless of whether either party is or may become a resident of another state. The parties agree that the venue and jurisdiction shall be exclusively in the state and federal courts located in the County of Fulton in the State of Georgia. 21. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns or other legal representatives. ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 6 of 20 22. Assignment. Neither party may assign its rights or obligations under this Agreement to a third party without the prior written consent of the other party, which shall not be unreasonably withheld, and any attempted assignment without such consent shall be null and void. Notwithstanding the above, Rural/Metro may assign or subcontract its obligations under this Agreement with approval of all parties. This Agreement shall be binding upon and for the sole benefit of the parties hereto and their respective successors and permitted assigns. 23. Severability. If any portion or portions of this Agreement shall be for any reason invalid or unenforceable, the remaining portion(s) shall be valid and enforceable and carried into effect unless to do so would clearly violate the present legal and valid intention of the parties hereto. 24. Headings. The headings used in this Agreement are for convenience only and do not limit the contents of this Agreement. 25. Variations of Pronouns. All pronouns and variations thereof will be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of a person, persons, or entity may require. 26. Survival. Any provisions of this Agreement creating obligations extending beyond the term of this Agreement shall survive the expiration or termination of this Agreement, regardless of the reason for such termination. 27. Authorization for Agreement. All necessary laws, resolutions, and corporate actions have duly authorized the execution and performance of this Agreement and this Agreement constitutes the valid and enforceable obligations of the parties in accordance with its terms. 28. Force Majeure. Either party shall be excused for failures and delays in performance of its respective obligations under this Agreement due to any cause beyond its control and without fault, including without limitation, any act of God, war, riot or insurrection, law or regulation, strike, flood, fire, terrorism, explosion or inability due to any of the aforementioned causes to obtain labor, materials, roadways or facilities. In addition to the above, Rural/Metro shall be excused for failures and delays in performance of its obligations under this Agreement due to adverse weather conditions, natural physical barriers, such as mountains, hills or washes, traffic conditions, natural disasters and/or other limitations of access to the person requiring Services. Such conditions may impede or effect or block Rural/Metro’s efforts to provide Services and/or ability to utilize some or all of its Services’ equipment. Nevertheless, each party shall use its best efforts to avoid or remove such causes and to continue performance whenever such causes are removed, and shall notify the other party of the problem. 29. Notices. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and deposited with the United States Postal Service, postage pre-paid, registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, addressed as follows: To Rural/Metro: To Cities: Rural/Metro Corporation See signature page ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 7 of 20 9221 E. Via de Ventura Scottsdale, Arizona 85258 Attn: General Counsel With a copy to: Rural/Metro Ambulance 250 Hembree Park Drive, Suite 112 Roswell, Georgia 30076 Attn: Division General Manager Either party may change the notification addresses listed above with proper written notice. 30. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any previous agreements or understandings, whether oral or written. 31. Amendments. Any amendments to this Agreement shall be effective only if in writing and signed by authorized representatives of both parties. 32. Execution by Facsimile; Delivery of Original Signed Agreement. This Agreement may be executed by facsimile, and shall be deemed effectively executed upon the receipt by both parties of the last page of this Agreement duly executed by the other party. Each party to this Agreement agrees to deliver two original, inked and signed Agreements within two days of faxing the executed last page hereof. 33. Legal Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, or to enforce the Dispute Resolution section, the prevailing party shall be entitled to receive from the ot her party reasonable attorneys’ fees, costs, and expenses. 34. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 35. No Third Party Beneficiary. Neither party intends in any manner whatsoever to create an interest or beneficiary in a third party. 36. Exhibits. All Exhibits referenced herein are incorporated into this Agreement in their entirety. Agreement when used throughout this Agreement shall include all referenced Exhibits. 37. Publicity Provision. Neither party shall use any trademarks, service marks, visual product representations, trade names, logos or other commercial or product designations of the other party, or disclose such without said party’s express prior written consent. In particular, neither party shall identify or make reference to the other party in any advertising or other promotional modality regardless of its form without explicit prior written consent from said party. 38. IP Provision. Nothing in this Agreement is intended to grant a license or any rights of any nature whatsoever to Rural/Metro’s intellectual property which may include but is not limited ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 8 of 20 to its any of its patents, mask work rights, trademarks, trade names, service marks, logos, copyrights, derivatives, software or any other intellectual property rights of Rural/Metro. 39. FCC Compliance. Rural/Metro acknowledges that the FCC license is held by the Cities and that any shared transmitter use under this Agreement and pursuant to Section 90.179 of the FCC’s Rules shall be subject to the Cities control. 40. Dispute Resolution. In the event of a dispute, the parties will consider the use of mediation and/or arbitration to resolve the dispute instead of litigation except for actions involving equity or injunctive relief and/or the Cities failure to pay Rural/Metro any amounts due. 41. Continuing Participation of Cities. In the event that any City terminates its participation under this Agreement, Rural/Metro and the remaining Cities shall continue to be bound by this Agreement and may adjust the Priority Posting Plan to the extent necessary to account for the termination of the participation of the City. 42. Rural/Metro shall comply with all State and Federal laws regarding i mmigration including E- Verify and SAVE. Separate Execution by Cities: This Contract may be executed in counterparts by each City. (SIGNATURES FOR EACH CITY ON NEXT PAGES) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. ATTEST: EMS Ventures, Inc. d/b/a Rural/Metro Ambulance By: _______________________________ Michael P. DiMino, President ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 9 of 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. ATTEST: EMS Ventures, Inc. d/b/a Rural/Metro Ambulance By: _______________________________ Michael P. DiMino, President ATTEST: City of Alpharetta, Georgia _____________________________ By: _______________________________ City Clerk Mayor City of Alpharetta City of Alpharetta APPROVED AS TO FORM: _____________________________ City Attorney Notice to City shall be sent to: Mayor City of Alpharetta Two South Main Street Alpharetta, GA 30004 ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 10 of 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. ATTEST: EMS Ventures, Inc. d/b/a Rural/Metro Ambulance BY: ______________________________ Michael P. DiMino, President ATTEST: City of Johns Creek, Georgia _____________________________ By: _______________________________ City Clerk Mayor City of Johns Creek City of Johns Creek APPROVED AS TO FORM: _____________________________ City Attorney Notice to City shall be sent to: Mayor City of Johns Creek 12000 Findley Road, Suite 400 Johns Creek, GA 30097 ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 11 of 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. ATTEST: EMS Ventures, Inc. d/b/a Rural/Metro Ambulance BY: ______________________________ Michael P. DiMino, President ATTEST: City of Milton, Georgia _____________________________ By: _______________________________ City Clerk Mayor City of Milton City of Milton APPROVED AS TO FORM: _____________________________ City Attorney Notice to City shall be sent to: Mayor City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 12 of 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. ATTEST: EMS Ventures, Inc. d/b/a Rural/Metro Ambulance BY: ______________________________ Michael P. DiMino, President ATTEST: City of Mountain Park, Georgia _____________________________ By: _______________________________ City Clerk Mayor City of Mountain Park City of Mountain Park APPROVED AS TO FORM: _____________________________ City Attorney Notice to City shall be sent to: Mayor City of Mountain Park 118 Lakeshore Drive Mountain Park, GA 30075 ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 13 of 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. ATTEST: EMS Ventures, Inc. d/b/a Rural/Metro Ambulance BY: ______________________________ Michael P. DiMino, President ATTEST: City of Roswell, Georgia _____________________________ By: _______________________________ City Clerk Mayor City of Roswell City of Roswell APPROVED AS TO FORM: _____________________________ City Attorney Notice to City shall be sent to: Mayor City of Roswell 38 Hill Street Roswell, GA 30075 ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 14 of 20 EXHIBIT A Description of Services includes but is not limited to: Response Time Standards: Implement a system-wide twelve (12) minute response time for Emergency Medical Responses (Bravo - Echo), and a system-wide fifteen (15) minute response time for Emergency Alpha-Level Responses. System-wide compliance will be measured at the 90th percentile threshold. Response time starts when Rural Metro is notified of the call for service. Priority Posting Plan: Implement the Priority Posting Plan Model, attached hereto and incorporated herein to this Exhibit A as Attachment 1. The Priority Posting Plan incorporates the integration of two separate Emergency Medical Response systems - General Transport (“GT”) and 911. The Priority Posting Plan will safeguard the 911 Emergency Medical Response System while allowing each ambulance to respond to either 911 or GT requests, thus providing an increase in the number of available ambulances and maximizing efficiencies. Minimum/Maximum Deployment Level: Implement the maximum deployment of nine (9) Advanced Life Support (“ALS”) ambulances during peak hours and a minimum deployment of four (4) ALS ambulances during non-peak hours. Additional units will be added to the system as the demand for 911 and/or GT services increases. Peak and non-peak hours will be determined monthly by comparing the demand for services of the previous twenty (20) weeks on an hour by hour basis. Rural/Metro agrees to notify the Cities of any changes to its deployment model. GT Threshold Level: GT transports will be suspended when the available North Fulton ambulances reach Level 4. No GT transports will be performed with the North Fulton ambulances unless at least five (5) ambulances are available in the system. Common Radio Frequency: Rural/Metro shall maintain voice and data communications on the Cities’ public safety radio system. MDT Installation: Rural/Metro shall install MDT’s in its North Fulton ambulances at its own expense to allow for direct communications between the EMS vehicles and the Rural/Metro Communication Center/Public Safety Answering Point for 911 calls (“PSAP’s”). Such installation shall be phased in on an incremental basis; however, all installations shall be completed within six (6) months of the execution of this Agreement. Estimated Cost: $300,000 Dispatch Consolidation/CAD Interface: Rural/Metro will consolidate the North Fulton Dispatch Operations currently based in the ChatCom, Rowell and Alpharetta PSAP’s and will base the operations at the Rural/Metro Roswell Headquarters Facility. Rural/Metro shall fund the cost of the CAD interfaces necessary to accommodate this consolidation. Estimated Cost: $100,000 Funding is for the necessary CAD interfaces between the ChatCom, Roswell and Alpharetta PSAP’s and the Rural/Metro Communications Center. ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 15 of 20 Subsidy Considerations: The subsidy requirements in place prior to the execution of this Agreement will remain in effect; however, the parties agree to eliminate the subsidy requirements within six (6) months of the execution of this Agreement to allow for the following: 1. Evaluation period for the new response plan; and 2. Capitalization of the CAD interface and MDT projects. The subsidy requirements for each City are listed in Exhibit A, Attachment 2, attached hereto and incorporated herein. The current subsidy payments will end on June 30, 2013 or before. PSAP Records: The Cities shall provide Rural/Metro reasonable access to computer records, audiotapes, document/tape retention and destruction policies, and any other documents pertaining to the PSAP’s dispatching of Rural/Metro. The Cities shall designate a representative to facilitate Rural/Metro’s request for access and information. Rural/Metro shall also provide the Cities with the same information as listed above. Response Time Measurement: For purposes of measuring response time performance, response time shall be measured as the elapsed time between the time the PSAP notifies Rural/Metro of an incident and the time a Rural/Metro ambulance arrives on the scene. Compliance shall be measured as a system as opposed to measuring compliance within the boundaries of the individual Cities. Response time calculations will be based upon whole minutes. (a) In case of a multiple response incident, (i.e., where more than one (1) ambulance is sent to the same incident), only the response time of the first arriving ambulance shall be counted. (b) In situations when the ambulance has responded to a location other than the scene (i.e., staging area), the on scene time shall be the time when the ambulance arrives at the designated staging location. (c) If a run priority is upgraded to a higher response while the ambulance is enroute, the applicable priority for compliance purposes shall be the upgraded priority. However, the response time shall be measured from the moment of the upgrade. (d) If a run priority is downgraded to a lower priority while the ambulance is enroute, the applicable priority for compliance purposes shall be the downgraded priority. However, the response time shall be measured from the original dispatch time, not the time of the downgraded response. Calls Exempted from Response Time Compliance Calculation : For purposes of measuring response time compliance, a response time for a 911 call may be excluded upon mutual agreement from an official from the City where the delay occurred when good cause is shown to grant such exclusion. Response Time Exception Requests: Rural/Metro shall provide the Cities with a list of all calls it believes should be exempted from calculation of response time compliance on a monthly basis. Participation in EMROC: Rural/Metro and the Cities agree to actively participate in all meetings as established by EMROC. ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 16 of 20 Response Area Exclusivity: So long as Rural/Metro is the designated zone ambulance service provider, no City shall attempt to provide ambulance services themselves, nor shall any City enter into an agreement with any other provider for ground ambulance response to 911 requests for ambulance and emergency medical services within the City’s jurisdiction. Mutual-Aid Plan: Rural/Metro will maintain a Mutual-Aid plan with local area State Certified Ambulance Services to handle overload of EMS Calls. The list of Mutual-Aid providers will be available to the Cities and updated as needed to ensure response times are maintained per this agreement. Equipment Exchange and Replacement: Rural/Metro shall participate in a program for timely exchange of expendable equipment and/or supplies with licensed first responders in the Cities. Staffing Requirements: Each Advanced Life Support ambulance used for response to 911 requests shall be staffed by at least one (1) Georgia certified paramedic. Medical Supervision: Rural/Metro will have a locally based Medical Director who shall comply with all Georgia Department of Human Resources (DHR) requirements for Medical Directors of ambulance services. External Communications: The Cities and Rural/Metro agree to notify and coordinate with each other regarding public statements, press releases, and press inquiries regarding matters covered by this Agreement. Reimbursement for Employee Leasing: Rural/Metro agrees to reimburse the Cities for the labor costs of the Cities’ employees who are leased to staff a Rural/Metro ambulance to the extent permitted by law. Applicable Law: Shall include all federal, state and local laws, statutes, regulations, codes, ordinances, rules and/or Executive Orders, as amended, applicable to the services and/or obligations of the parties hereunder. Fire Station House Dues: Rural/Metro will have the permission to utilize the fire stations of the Cities. Housing of the personnel and apparatus will be at the discretion of the Fire Chief for the city assigned and Rural/Metro will compensate the fund considered “House Dues” in the amount of $1,800.00 annually, payable to the fund assigned by each fire station in the month of January of each calendar year in full. Transporting Public Safety Personnel: Rural/Metro will transport sick and injured, on duty Public Safety personnel to the nearest Medical Care Facility as professional courtesy. All Cities with transporting capabilities will be allowed to transport employees when the need arises and Rural/Metro is at low levels. ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 17 of 20 EXHIBIT A Attachment 1 Priority Posting Plan ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 18 of 20 EXHIBIT A Attachment 2 Current EMS Subsidy Rates ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 19 of 20 EXHIBIT B Insurance 1. Insurance. Prior to the commencement of services performed hereunder and during the term of this Agreement, including any extension(s) thereof, Rural/Metro shall obtain and provide the following insurance: a. Automobile Liability. Automobile Liability Insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 for each occurrence with respect to Rural/Metro’s owned, hired and non-owned vehicles utilized in the performance of its services. Uninsured motorist coverage, underinsured motorist coverage and personal injury protection or “no fault” insurance coverage shall not be required under this Agreement, except where required by specific state law and, then, only at the statutory minimum required. Note: Rural/Metro does not purchase underinsured/uninsured motorist coverage as allowed by law. Any requirement to provide such coverage, which is not otherwise required by law, is an uninsured liability to Rural/Metro and must be rejected. b. Commercial General Liability. Commercial General Liability Insurance covering bodily injury and property damage, with a limit of not less than $1,000,000 for each occurrence and a $5,000,000 aggregate limit. c. Professional Liability. Rural/Metro shall maintain Professional Liability Insurance covering bodily injury, with a limit of not less than $1,000,000 for each occurrence and a $5,000,000 aggregate limit. d. Worker’s Compensation. Rural/Metro shall carry Workers’ Compensation Insurance to cover obligations imposed by federal and state statutes; and Employer’s Liability Insurance with a limit of not less than $1,000,000. 2. Primary Insurance. Rural/Metro’s insurance shall respond first as it relates to bodily injury or property damage caused by Rural/Metro in the performance of its services hereunder. 3. Certificates of Insurance. Upon request, Rural/Metro shall furnish to Customer Certificate(s) of Insurance issued by Rural/Metro’s insurer as evidence that the coverage: (1) is placed with reasonably acceptable insurers; (2) is detailed on the Certificate(s) as specified in this Agreement; and (3) is in full force and effect on the commencement date of services. Upon request, or as required by this Agreement, Rural/Metro shall furnish to Customer updated Certificate(s) as policies are renewed. Note: Rural/Metro will not provide copies of insurance policies and/or endorsements as these documents are drafted specifically to Rural/Metro’s business and contain confidential and proprietary business information which might not otherwise be available to the general public. ______________________________________________________________________________________________________________ North Fulton County 5 Cities 911 Agreement 11-20-12 Page 20 of 20 4. Insurance Company Rating. Insurance policies required under this Agreement shall have been issued by an insurance company having a financial rating of B plus X or better according to the A.M. Best Rating Guide as of the commencement of this Agreement. 5. Notice of Cancellation. Rural/Metro shall endeavor to notify the Customer of cancellation of any required insurance coverage. 6. Supplemental Insurance. During the term of this Agreement, Customer, in its reasonable discretion, may require Rural/Metro to obtain additional coverage or increase the amount of any insurance Rural/Metro carries to the extent the coverage is reasonably and commercially available to Rural/Metro (“Supplemental Coverage”). In such event, Customer shall pay to Rural/Metro the extra cost of the Supplemental Coverage. Such appropriation and payment of funds shall be a condition precedent to Rural/Metro’s duty to obtain such Supplemental Coverage. Customer shall allow reasonable time for Rural/Metro’s broker to research the market availability of such required Supplemental Coverage. 7. Claims Made. In the event Rural/Metro elects to obtain insurance required under this Agreement on a “claims made” basis, then such coverage shall extend for two (2) years past the completion of the services rendered by Rural/Metro to Customer and Rural/Metro shall, upon request, provide Customer a Certificate of Insurance evidencing such extended coverage. 8. Market Fluctuations. The Customer acknowledges that, from time to time, insurance market fluctuations may increase the premiums Rural/Metro must pay in order to secure the coverage required under this Agreement. In the event that the premiums increase during the term of this Agreement, the Customer agrees to consider in good faith Rural/Metro’s request for an equitable adjustment in Rural/Metro rates to cover the increased cost. Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ELECTING ABSENT MUNICIPALITY STATUS REGARDING ALL FUTURE LOST PROCEEDINGS RELATED TO AND TRIGGERED BY THE 2010 CENSUS WHEREAS, Fulton County, Georgia and all of the municipalities located therein , including the City of Milton, are currently in the process of trying to reach amicable resolution with respect to each respective jurisdictions Local Option Sales Tax distribution, in accord with O.C.G.A. 48-8-80, et.seq.; and WHEREAS, in the absence of such amicable resolution, it may be necessary for either Fulton County or any of the qualified municipalities to petition the Fulton County Superior Court seeking court assisted resolution of all those issues remaining in dispute (“Baseball Arbitration”) (O.C.G.A. 48-8-89 (d)(4)(A)); and WHEREAS, this Baseball Arbitration procedure contemplates that both the County and those qualified municipalities representing no less than fifty percent of the aggregate municipal population of all qualified municipalities within the County shall ‘separately’ submit to the judge and the other parties a written best and final offer specifying the distribution the tax proceeds (O.C.G.A. 48-8-89 (d)(4)(B)); and WHEREAS, in addition, any qualified municipality that is not a party to the offer contemplated in O.C.G.A. 48-8-89(d)(4)(B), and who represent at least one half of the aggregate municipal population of all remaining qualified municipalities, is authorized to separately submit to the judge a written best and final offer (O.C.G.A. 48-8-89(d)(4)(C)); and WHEREAS, any offer contemplated in either O.C.G.A. 48-8-89(d)(4)(B) and (C) “shall take into account” the allocation required for any absent municipality (O.C.G.A. 48-8- 89(d)(4)(D)); and WHEREAS, O.C.G.A. 48-8-89(b), provides that an absent municipality shall be entitled to a percentage of that portion of the remaining proceeds which each such municipality shall receive, which percentage shall not be less than that proportion which each absentee municipality’s population bears to the total population of all qualified municipalities within the special district multiplied by that portion of the remaining proceeds which are received by all qualified municipalities within the special district; and WHEREAS, as noted by the Georgia Attorney General, an absent municipality cannot be forced under O.C.G.A. 48-8-89 to accept a smaller percentage of the LOST proceeds distributed to all the qualified municipalities in the county than the percentage that the absent municipality’s population is of the total population of all such qualified municipalities, regardless of whether that distribution is pursuant to a negotiated certificate or is based instead on an order by a superior court judge when the necessary parties are unable to agree. (See, May 10, 2012 Unofficial Opinion of the State Attorney General, attached hereto as Exhibit A); and Page 2 of 2 WHEREAS, based upon the City of Milton’s population percentage of the entire total population of all qualified municipalities within Fulton County, the City Council believes that there is no practical or legal advantage to the City of Milton assuming any posture other than that of an absentee municipality; and WHEREAS, the Mayor and City Council desire for and hereby elect to become an “absent municipality” for purposes of future LOST proceedings, including Baseball Arbitration, related to and triggered by the 2010 census. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MILTON, GEORGIA, that the City elects to be an “absent municipality” for purposes of future LOST proceedings, including Baseball Arbitration, related to and triggered by the 2010 census; and BE IT FURTHER RESOLVED, that the City Clerk is directed to provide copies of this Resolution to the mayor of each municipality located within Fulton County, to the Fulton County Board of Commissioners, and to the Georgia Department of Revenue. RESOLVED this _____ day of ____________, 2012. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk SAMUEL S. OLENS ATTORNEY GENERAL David B. Davidson, Esq. City Attorney 38 Hill Street Roswell, Georgia. 30075 GEORGIA DEPARTMENT OF LAW 40 CAPITOL SQUARE SW ATLANTA, GA 30334-1300 UNOFFICIAL OPINION l'1 Yl, Ie'd mt) _ It 146-3Lf www.law.ga.gov (404)656-3300 Re: An absent municipality cannot be forced under O. C. G.A. § 48-8-89 to accept a smaller percentage of the local option sales and use tax proceeds distributed to all qualified municipalities in the county than the percentage the absent municipality's population is of the total population of all such qualified municipalities. Dear Mr. Davidson: As the City of Roswell's attorney, you have asked for this office's opinion about how to calculate the minimum share of local option sales and use tax ("LOST") proceeds to which an absent qualified municipality is entitled under O.C.G.A. § 48-8-89. Your question has been prompted by upcoming, statutorily -mandated negotiations between Fulton County and its qualified municipalities regarding those distributions. See O.C.G.A. § 48-8-89(d)(1) ("A certificate providing for the distribution of [LOST monies] shall expire on December 31 of the second year following the year in which [a] decennial census is conducted. No later than December 30 of [such] second year ... , a new distribution certificate meeting the requirements for certificates specified by subsection (b) of this Code section shall be filed with ... the [Revenue] commissioner.") For the reasons discussed below, it is my unofficial opinion that an absent municipality cannot be forced under O.C.G.A. § 48-8-89 to accept a smaller percentage of the LOST proceeds distributed to all the qualified municipalities in the county than the percentage that the absent municipality's population is of the total population of all such qualified municipalities, regardless of whether that distribution is pursuant to a negotiated certificate or is based instead on an order by a superior court judge when the necessary parties are unable to agree. The State Revenue Commissioner administers and collects LOSTs, which are levied pursuant to Article 2 of Chapter 8 of Title 48, for the use and benefit of the county and each qualified municipality located wholly or partially therein. O.C.G.A. § 48-8-87. See generally O.C.G.A. § 48-8-80 (defining "qualified municipality"). "One percent of the amount collected [by the Commissioner is] paid into the general fund of the state treasury in order to defray the costs of administration," O.C.G.A. § 48-8-89(a)(1), and "the remaining proceeds ... [are] distributed to ... each qualified municipality ... and ... the county[.]" O.C.G.A. § 48-8-89(a)(2). The Commissioner makes those distributions "in accordance with a certificate ... executed [on] David B. Davidson, Esq. Page 2 behalf of each [affected city and county] ... and which ... specif[ies] by percentage that portion of the remaining proceeds ... each such political subdivision shall receive." O.C.G.A. § 48-8-89(b). However, not every qualified municipality has to agree to a LOST distribution certificate in order for that certificate to be effective. [I]f the combined total of the populations of all such absent municipalities is less than one-half of the aggregate population of all qualified municipalities .... the submitting political subdivisions shall, [on] behalf of the absent municipalities, specify a percentage of that portion of the remaining proceeds which each such municipality shall receive, which percentage shall not be less than that proportion which each absent municipality's population bears to the total population of all qualified municipalities ... multiplied by that portion of the remaining proceeds which are received by all qualified municipalities[.]" O.C.G.A. § 48-8-89(b). See generally City of Winder v. Collins, 259 Ga. 570, 571 (1989) ("[T]he act ... protects the majority from a possible minority holdout .... The act also protects the qualified minority municipalities by guaranteeing them a proportional share of the proceeds of the local taxes which their citizens approved and will be forced to pay even if the minority municipalities cannot reach an agreement with the majority.") As previously noted, a LOST distribution certificate must be renegotiated by a county and its qualified municipalities following a decennial census. "The eligible political subdivisions shall commence [those] renegotiations at the call of the county governing authority before July 1 of the second year following the year in which the census is conducted." O.C.G.A. § 48-8-89(d)(2). See also id. ("If the county governing authority does not issue the call by that date, any eligible municipality may[.]"). If the respective governing authorities are unable to reach an agreement within 60 days after renegotiations begin, the parties must "submit the dispute to nonbinding arbitration, mediation, or ... other means of resolving conflicts." O.C.G.A. § 48-8-89(d)(3). Should those efforts not produce an agreement within another 60 days, any party "may file a petition in superior court of the county seeking resolution of the items remaining in dispute." O.C.G.A. § 48-8-89(d)(4)(A). Once in superior court, "the county and qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities ... shall separately submit to the judge ... a written best and final offer specifying the distribution of the tax proceeds." O.C.G.A. § 48-8-89(d)(4)(B).1 Each such offer "shall take into account the allocation required for any absent municipalities in accordance with subsection (b) of [Code Section 48-8-89]." O.C.G.A. § 48-8-89(d)(4)(D). The judge is required 1 "[Q]ualified municipalities that are not represented in the offer from the qualified munici-palities representing at least one-half of the aggregate municipal population" may elect to join with the county in making an offer. O.C.G.A. § 48-8-89(d)(4)(B). In addition, "[a]ny qualified municipality or municipalities ... who are not a party to [another] offer ... , and who represent at least one-half of the aggregate municipal population of all qualified municipalities who are not a parry to [another] offer ... , shall be authorized to separately submit [their own offer] to the judge." O.C.G.A. § 48-8-89(d)(4)(C). UNOFFICIAL OPINION David B. Davidson, Esq. Page 3 to "adopt the best and final offer of one of the parties," enter a final order containing,the new distribution certificate, and transmit a copy of it to the Revenue Commissioner. Id. Under the statutes cited above, an absent municipality cannot be forced under O.C.G.A. § 48-8-89 to accept a smaller percentage of the LOST proceeds distributed to all the qualified municipalities in the county than the percentage that the absent municipality's population is of the total population of all such qualified municipalities, regardless of whether that distribution is pursuant to a negotiated certificate or is based instead on an order by a superior court judge when the necessary parties are unable to agree. See generally City of Atlanta v. Collins, 262 Ga. 261, 263-64 (1992) ("[O]nly the portion of a city's population that resides within the special tax district is included when calculating a municipality's pro rata share of the local option sales tax proceeds in that district.") To illustrate how O.C.G.A. § 48-8-89 works in practice, consider the following example, where City A, Absent City B, and Absent City C are all the municipalities in the county in which a LOST is imposed and each is a "qualified municipality": Political Subdivision % of Coun1y Papulation County 20% (unincorporated) City A 42% Absent City B 15% Absent City C 23% Because the population of City A is more than 50% of the population of all the qualified municipalities in the county, City A and the county are allowed by O.C.G.A. § 48-8-89 to execute a certificate for distributing LOST proceeds on behalf of all the affected jurisdictions. Assume City A and the county are proposing that the county receive 35% of the proceeds remaining after the Revenue Commissioner subtracts his portion. In that case all the qualified municipalities would share 65% of those remaining LOST proceeds. Absent City B's population is 18.75% (i.e., 15% - 80%) of the population of all the qualified municipalities, so that city's percentage of the remaining LOST proceeds cannot be less than 12.1875% (i.e., 18.75% x 65%). Similarly, Absent City C's percentage of the remaining LOST proceeds must be at least 18.6875% (i.e., [23% - 80%] x 65%). That would leave City A with 34.125% of the remaining LOST proceeds (i.e., 100% - 35% - 12.1875% - 18.6875%, which also equals [42% - 80%] x 65%). To put dollar amounts with this example, assume that in a particular year there will be $100 million in LOST proceeds remaining after the Revenue Commissioner's share is taken out. If the distribution certificate uses the percentages set out above, Absent City B's share of the $100 million would be 12.1875%, or $12,187,500. (Looked at differently, Absent City B would be entitled to 18.75% of the $65 million that all the qualified municipalities would share, which also equals $12,187,500.) For their part, City A and Absent City C would receive $34,125,000 and $18,687,500, respectively, and the county would get the rest (i.e., $35 million). UNOFFICIAL OPINION David B. Davidson, Esq. Page 4 Therefore, it is my unofficial opinion that an absent municipality cannot be forced under O.C.G.A. § 48-8-89 to accept a smaller percentage of the local option sales and use tax proceeds distributed to all qualified municipalities in the county than the percentage the absent municipality's population is of the total population of all such qualified municipalities. Issued this Ir.. day of 2012. G� Sincerely, 4- c SAMUEL S. GLENS Attorney General Prepared by: Warren R. Calvert Senior Assistant Attorney General UNOFFICIAL OPINION FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR THE EXTRATERRITORIAL PROVISION OF SEWER SERVICE BY FULTON COUNTY TO CERTAIN PROPERTY LOCATED WITHIN THE CITY OF MILTON THIS FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT, by and between the CITY OF MILTON, GEORGIA, a political subdivision of the State of Georgia acting by and through its City Council (“CITY OF MILTON”), and FULTON COUNTY, GEORGIA, a political subdivision of the State of Georgia acting by and through its Board of Commissioners (“FULTON COUNTY”), with FULTON COUNTY and CITY OF MILTON hereinafter collectively referred to as the “Parties,” modifying FULTON COUNTY’s authority to provide Sewer Service to certain parcels within the municipal limits of the CITY OF MILTON, is effective as of this _________ day of _______, 2012 (the “Effective Date”). W I T N E S S E T H: WHEREAS, on December 3, 2012, the CITY OF MILTON and FULTON COUNTY entered into an Intergovernmental Agreement (“IGA”) regarding the provision of wastewater distribution, collection, and treatment services (“Sewer Service”) to certain parcels of land located within the municipal boundary of the CITY OF MILTON; WHEREAS, it is the intention of the Parties hereto to ratify and reconfirm that IGA in all particulars, save for a modification to the Sewer Map attached thereto; NOW THEREFORE, in consideration of the mutual promises of the Parties and the mutual benefits flowing from each Party to the other, and other good and valuable consideration exchanged, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 2 1. The Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service by Fulton County to Certain Property Located within the City of Milton approved between Fulton County and Milton on December 3, 2012, and attached hereto and incorporated herein as Exhibit A, is hereby ratified and reaffirmed in its totality subject only to this single amendment: a. The Sewer Service Map attached to Exhibit A is hereby superseded in its entirety and replaced with the Sewer Service Map attached hereto as Exhibit B. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. CITY OF MILTON, GEORGIA ATTESTED: By: Sudie Gordon, City Clerk Joe Lockwood, Mayor FULTON COUNTY, GEORGIA ATTESTED: By: Clerk to the Commission John H. Eaves, Ph.D., Chairman Fulton County Board of Commissioners EXHIBIT A INTERGOVERNMENTAL AGREEMENT FOR THE EXTRATERRITORIAL PROVISION OF SEWER SERVICE BY FULTON COUNTY TO CERTAIN PROPERTY LOCATED WITHIN THE CITY OF MILTON THIS INTERGOVERNMENTAL AGREEMENT, by and between the CITY OF MILTON, GEORGIA, a political subdivision of the State of Georgia acting by and through its City Council (“CITY OF MILTON”), and FULTON COUNTY, GEORGIA, a political subdivision of the State of Georgia acting by and through its Board of Commissioners (“FULTON COUNTY”), with FULTON COUNTY and CITY OF MILTON hereinafter collectively referred to as the “Parties,” granting FULTON COUNTY the authority to provide Sewer Service to certain parcels within the municipal limits of the CITY OF MILTON, is effective as of this _________ day of _______, 2012 (the “Effective Date”). W I T N E S S E T H: WHEREAS, both prior to the creation of the CITY OF MILTON in December 2006 and since that time, FULTON COUNTY has provided wastewater distribution, collection, and treatment services (“Sewer Service”) to certain parcels of land located within the municipal boundary of the CITY OF MILTON; WHEREAS, pursuant to Article IX, Section II, Paragraph III(a)(6) and (7) of the Georgia Constitution, FULTON COUNTY may not provide Sewer Service inside the boundary of the CITY OF MILTON except as otherwise provided by law or by contract with the CITY OF MILTON granting FULTON COUNTY the authority to do so; WHEREAS, in December of 2006, the Parties entered into an Intergovernmental Agreement for the Provision of Water and Wastewater Services (the “2006 Agreement”), which has remained in effect until adoption by Fulton County and the City of Milton of this 2 Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service (the “Agreement”); WHEREAS, the Parties desire to enter into the Agreement to (1) continue Fulton County’s authorization to provide new Sewer Service in the City of Milton to certain parcels located in the Big Creek Service Area and in the Little River Service Area and (2) to authorize Fulton County to continue to provide Sewer Service, to include maintenance and repair, to those developments where development is completed and Sewer Service is presently provided. NOW THEREFORE, in consideration of the mutual promises of the Parties and the mutual benefits flowing from each Party to the other, and other good and valuable consideration exchanged, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Section 1. Term and Termination of the Agreement. The Term of this Agreement shall commence as of the Effective Date (defined above) and shall have a duration of fifty (50) years, as allowed by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, or until otherwise amended, modified and/or terminated by and between the Parties. The CITY OF MILTON and FULTON COUNTY agree that either Party may terminate this Agreement for convenience upon one hundred eighty (180) days written not ice provided to the other party; provided, however, that the Parties acknowledge and agree that termination shall have no effect on existing installed infrastructure or Fulton County’s authority to provide Sewer Service to existing customers and otherwise own, maintain and repair all installed sewer infrastructure as of and after the date of termination. 3 Section 2. Grant of Sewer Service Area to FULTON COUNTY. The CITY OF MILTON hereby acknowledges and agrees to authorize the continuation of Sewer Service, to include ownership, repair and maintenance of existing sewer infrastructure, in those areas of the CITY OF MILTON depicted in orange on the Sewer Service map attached hereto as Exhibit “A” wherein said Sewer Service infrastructure was fully installed prior to the date of this Agreement. This recognition shall not be construed as allowing new sewer connections within those areas and new sewer service shall not be authorized within such areas. The CITY OF MILTON hereby grants to FULTON COUNTY the authority to provide new Sewer Service to those parcels (including any future subdivision of those existing parcels) depicted on the Sewer Service map colored blue cross-hatched . New Sewer Service shall not be authorized within those parcels colored green. Any lot, unit, development, construction, subdivision, building, phase or assemblage of land, however titled or identified, seeking new Sewer Service must be located entirely and exclusively within an area of Exhibit “A” colored blue cross-hatched, and only properties that satisfy this requirement are eligible to obtain new Sewer Service from Fulton County. Furthermore, the installation of new Sewer Service into an area colored blue cross-hatched shall not serve as a basis or rationale to extend Sewer Service into an area that is not so colored, irrespective of the convenience, access, practicality, or nominal cost associated with such extension, it being the intent of the parties that the blue cross- hatched areas shall serve as a fixed and definitive boundary for new Sewer Service in the CITY OF MILTON. The area of Exhibit “A” color coded orange and blue cross-hatched shall collectively be referred to as the “Sewer Service Area.” Section 3. Agreement to Provide Sewer Service to Sewer Service Area. 4 FULTON COUNTY hereby agrees to provide Sewer Service within the Sewer Service Area, as described in Section 2 above, at such rates as are determined by FULTON COUNTY from time to time and to submit invoices related to such service directly to the recipients thereof. FULTON COUNTY shall be responsible for all costs and liability related to providing Sewer Service, as authorized herein, and the CITY OF MILTON shall be responsible for no cost or liability related to providing such service. All infrastructure and interests in land directly and exclusively associated with the provision of Sewer Service in the Sewer Service Area shall remain the property of FULTON COUNTY. Section 4. Termination of Earlier IGA or Approved Map. With respect to the establishment of the Sewer Service Area within the mun icipal boundary of the City of Milton, the terms of this Agreement, in conjunction with the map attached as Exhibit “A”, shall supersede the terms of any Intergovernmental Agreement (including, but not limited to, all or any portion of the 2006 Agreement that pertained to the provision of wastewater or sanitary sewer services) or previously approved map, which are hereby terminated and repealed with respect to the boundary for sewer service within the municipal boundary of the City of Milton. This Agreement is not intended to terminate any portions of the 2006 Agreement that relate to potable/drinking water services. Section 5. Fulton County Sewer Availability Limited to Sewer Service Area. FULTON COUNTY agrees that no sewer permit(s) or any other representation concerning the availability or existence of Sewer Service for a particular parcel of property located within the municipal boundary of the CITY OF MILTON shall be made by FULTON COUNTY unless the entirety of such parcel is located within the Sewer Service Area as set forth in Section 2, and no representation shall be made as to the availability of new Sewer Service 5 shall be made unless the property is located entirely within a parcel colored blue cross-hatched on Exhibit “A.” Section 6. General Provisions. A. Enforcement; Waiver. The failure on the part of any Party to enforce any provision of this Agreement shall not be construed as a waiver of that Party’s rights to enforce such provisions in the future. A waiver of any term of this Agreement on the part of any Party in one case shall not be construed as a waiver in any other and shall not affect any other term of this Agreement. B. Assignment. This Agreement shall not be assigned by either Party without the prior written consent of the other. C. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the CITY OF MILTON’s and FULTON COUNTY’s respective successors, heirs and assigns. D. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto and supersedes all previous or contemporaneous oral or written communications, representations, or agreements pertaining to the subjects addressed herein. E. Recordkeeping. Both parties agree that the public shall have access, at all reasonable times, to all documents and information pertaining to the services provided hereunder, subject to the provision of O.C.G.A. § 50-18-70, et seq., and FULTON COUNTY agrees to require any independent contractor providing services hereunder to allow access by the CITY OF MILTON and the public to all documents subject to disclosure under applicable law. FULTON COUNTY further agrees to require any 6 independent contractor providing services hereunder to retain all public records in accordance with applicable records retention and disposal requirements, including but not limited to O.C.G.A. § 50-18-90, et. seq., and the Georgia Administrative Code. F. Notices. All notices given pursuant to the terms of this Agreement shall be in writing and delivered in person or transmitted by certified mail, return receipt requested, postage prepaid, or by utilizing the services of a nationally recognized overnight courier service with signed verification of delivery. Notices shall be deemed given only when actually received at the address first given below with respect to each Party. Notices required to be given to the CITY OF MILTON pursuant to this Agreement shall be addressed as follows: Mayor City of Milton 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 With copies to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 Notices required to be given to FULTON COUNTY pursuant to this Agreement shall be addressed as follows: Chairman Fulton County Board of Commissioners 141 Pryor Street, S.W., 10th Floor Atlanta, Georgia 30303 With copies to: 7 Director Fulton County Department of Water Resources 141 Pryor Street, Suite 6001 Atlanta, Georgia 30303 Future changes in address shall be effective only upon written notice being given by the CITY OF MILTON to FULTON COUNTY or by FULTON COUNTY to the CITY OF MILTON via one of the delivery methods described in this Section. G. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of Georgia, and proper venue for any actions arising out of this Agreement shall be in the State or Superior Court of Fulton County. H. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third-parties with any remedy, claim, liability, reimbursement, cause of action, or other right. I. Uncontrollable Circumstances. The performance or non-performance of any term or provision of this Agreement shall be excused if the Party is reasonably precluded from such performance by the occurrence of an uncontrollable circumstance. Such excuse of performance or non-performance shall be only to the minimum extent reasonably forced on such Party by such event, and that Party shall continue to perform all other duties and responsibilities hereunder. A Party relying on the occurrence of an uncontrollable circumstance as an excuse for non-performance of a duty required by this Agreement shall, as soon as is reasonably possible upon becoming aware of such an event and its consequences, notify the other Party of same and shall take all reasonable efforts to eliminate the cause of such non-performance and to resume full performance in accordance with this Agreement. 8 J. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which together shall constitute but one and the same instrument. It shall not be necessary that each signatory sign the same counterpart, provided, however, that each has signed an identical counterpart. K. Authority to Enter Agreement. Each individual who executes this Agreement on behalf of his or her respective Party agrees and represents that he or she is authorized to do so and further agrees and represents that this Agreement has been duly passed upon by the required governmental agency or board in accordance with all applicable laws and spread upon the minutes thereof. The Parties hereto agree that this Agreement is an intergovernmental contract, and is entered into pursuant to Article IX, Article III, Paragraph I of the Constitution of the State of Georgia of 1983. L. Amendment. This Agreement may be modified at any time upon mutual written consent by resolutions of the CITY OF MILTON’S City Council and FULTON COUNTY’S Board of Commissioners. M. Severability. If a court of competent jurisdiction renders any provision of this Agreement (or any portion of a provision) to be illegal, invalid, or otherwise unenforceable, that provision or portion of the provision will be severed, and the remainder of this Agreement shall continue in full force and effect as if the invalid provision or portion were not part of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [signatures on following age] CITY OF MILTON, GEORGIA 9 ATTESTED: By: Sudie Gordon, City Clerk Joe Lockwood, Mayor FULTON COUNTY, GEORGIA ATTESTED: By: Clerk to the Commission John H. Eaves, Ph.D., Chairman Fulton County Board of Commissioners APPROVED AS TO FORM: ______________________________ Office of the Fulton County Attorney Page is too large to OCR. EXHIBIT B 0000PH I ~ & ~ I I C;U !gPIJ 11 • ·a;········ki·F'5 -·· h.., \J-l-d~ "", ~J d~ cu. :::! Q C'tG \ 'a I I\~ ~Gd .....I. ~"'"h,M-~ ~ City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Christopher J. Lagerbloom, City Manager Date: Submitted on December 7, 2012 for the December 17, 2012 Regular Council Meeting Agenda Item: Consideration of an Intergovernmental Agreement (“IGA”) for the Development and Implementation of a Unified Radio System (“System”) by and among the Cities of Alpharetta, Johns Creek, Milton, Roswell and Sandy Springs (“Participating Cities”). ____________________________________________________________________________ Department Recommendation: The City Manager recommends that the City Council approve the attached IGA. Executive Summary: The Participating Cities and their public safety departments are currently using the Fulton County radio system (“Fulton County System”) by agreement. The Fulton County System has become outdated and partially technologically obsolete for the needs of the Cities and has failed on several occasions. Failure of a radio communications system could result in significant liability; therefore, the Participating Cities desire jointly to develop and operate the System to insure continuity in radio communications capabilities throughout North Fulton County to mitigate the risk of system failure. Development of the System would include, but not be limited to, erection of a radio tower or towers, implementation of equipment in existing locations, and maintenance and upgrade of radio equipment and facilities for use by the Participating Cities to meet their respective needs. The Participating Cities desire to create an authority to operate the System; however, there is not yet the appropriate vehicle under Georgia law to do so. It is anticipated that the Georgia General Assembly will consider and pass legislation to create an authority during its next session. Until an authority is created, however, Participating Cities have agreed to enter into the IGA to move forward with this radio communications system project which is critical to the public safety of all North Fulton cities. After it is created, title to the System will be transferred to the authority. The System will be governed by a Board of Managers, the members of which will be the City Managers of the Participating Cities and subsequent contributing subscribers. An Operations Advisory Committee will perform services and oversight and supervision of the System as authorized by the Board of Managers and will serve in an advisory capacity. The Operations Advisory Committee is tasked with building consensus among its members regarding the review and recommendations regarding direction of the System. The Operations Advisory Committee membership will consist of two (2) representatives from each Participating City, who in our case would be the Police Chief and the Fire Chief. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 Sandy Springs is taking the lead on this project and will be responsible for procurement and auditing. It is anticipated that Sandy Springs will utilize statewide contracts administered by the Georgia Department of Administrative Services to purchase the bulk of the equipment needed to implement the System. Local governments are authorized by Georgia law to take advantage of these contracts which are the result of the State’s procurement processes. This results in significant savings to local governments who do not have to expend the time, funds and energy to conduct their own procurements. It is further anticipated that what is not obtained through statewide contracts will be procured through the Sandy Springs bid process. Funding and Fiscal Impact: Pursuant to the IGA, the initial capitalization of the System will be in an amount not to exceed $16,000,000. Each Participating City is obligated to contribute a Weighted Share, as described in the IGA, and will be the initial subscribers to the System. The Participating Cities anticipate that, subsequent to the execution of the IGA, Fulton County and/or additional municipalities may desire to become subscribers in the System and the services offered by the System. In that event, such county or municipalities may join by making a capital contribution and agreeing to accept the terms of the IGA and its obligations. The Participating Cities also anticipate there may be subsequent subscribers who desire to join without making a capital contribution, but otherwise agreeing to accept the terms of the IGA and its obligations. Such non-contributing subsequent subscribers will share in the cost of maintaining the System, but will not be represented on the board governing the System. Alternatives: Not approve the attached IGA Legal Review: Ken Jarrard, Esq. – approved December 6, 2012 Concurrent Review: Chris Lagerbloom, City Manager Deborah Harrell, Police Chief Robert Edgar, Fire Chief Attachment(s): IGA INTERGOVERNMENTAL AGREEMENT FOR THE DEVELOPMENT AND IMPLEMENTATION OF A UNIFIED RADIO SYSTEM BY AND AMONG THE CITIES OF ALPHARETTA, JOHNS CREEK, MILTON, ROSWELL AND SANDY SPRINGS, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”), is entered into by and among the cities of Alpharetta, Johns Creek, Milton, Roswell and Sandy Springs, Georgia (collectively, the “Cities”), this ________ day of ______________, 2012. WHEREAS, the Cities are all municipal corporations duly created under provisions of Georgia law; and WHEREAS, the Cities, including their respective police, fire, public works and other departments, are presently users of the Fulton County radio system (“Fulton County System”) by agreement; and WHEREAS, the Fulton County System has become outdated and partially technologically obsolete for the needs of the Cities; and WHEREAS, the Cities desire to create, own, and place into operation a new, unified radio system (the “System”) including, but not limited to, erection of a radio tower or towers, implementation of equipment in existing locations, and maintenance and upgrade of radio equipment and facilities for use by the Cities to meet their respective public needs; and WHEREAS, the Georgia Constitution, Article IX, § 2, ¶ 3, except as otherwise provided by law, encourages cities and counties to exercise governmental authority within each other’s boundaries by intergovernmental agreement; and WHEREAS, the Cities each desire to assume and exercise all municipal powers with respect to the System within their respective corporate boundaries and have determined that it is in their best interests to provide the System as a joint effort; and WHEREAS, the Cities, each contributing a Weighted Share, as described in this Agreement, shall be the initial subscribers to the System (“Initial Subscribers”); and WHEREAS, each of the undersigned anticipate that, subsequent to the execution of this Agreement by the Initial Subscribers, Fulton County and/or additional municipalities may desire to become subscribers in the System and the services offered by the System, making a capital contribution and agreeing to accept the terms of the Agreement and its obligations (the “Subsequent Subscribers”) (the Initial Subscribers and the Subsequent Subscribers are sometimes herein referred to collectively as “Contributing Subscribers”); and WHEREAS, the Initial Subscribers anticipate that, subsequent to the execution of this Agreement, Fulton County and/or additional municipalities may desire to become subscribers in the System and the services offered by the System, without making a capital contribution, but otherwise agreeing to accept the terms of the Agreement and its obligations (the “Non- Contributing Subscribers”) (the Contributing Subscribers and the Non-Contributing Subscribers are sometimes herein referred to collectively as the “Subscribers”); and WHEREAS, the Initial Subscribers desire to maintain a mutually beneficial, efficient and cooperative relationship that will serve the public needs of all participating jurisdictions; and 2 WHEREAS, the Subscribers have authorized the execution of this Agreement through appropriate resolutions adopted by their respective governing bodies; NOW, THEREFORE, in consideration of the following mutual obligations, the Subscribers hereby agree as follows: ARTICLE 1 PURPOSE AND INTENT The purpose of this Agreement is to establish the intent of the Contributing Subscribers to create, own, and place into operation the System including, but not limited to, erection of a radio tower or towers, implementation of equipment in existing places, maintenance and upgrade of radio equipment and facilities for use by the Subscribers for the protection of their respective citizens. The System will operate as a joint project to serve, initially, the Initial Subscribers and, subsequently, all Subscribers. All Subscribers shall become a party to this Agreement, accepting all terms, conditions and obligations hereinafter set forth, and shall abide by all rules and regulations established by the Board of Managers for the governance of the System. All Contributing Subscribers shall contribute to the capitalization of the System and all Subscribers shall contribute to the ongoing maintenance of the System as hereinafter described. ARTICLE 2 CAPITALIZATION, MAINTENANCE, AND PAYMENT 1. Capitalization. Initial capitalization of the System shall be in an amount not to exceed the sum of Sixteen Million Dollars ($16,000,000.00). Each of the Initial Subscribers shall contribute its weighted share (“Weighted Share”) to the initial capitalization of the System in the percentage and amounts set forth in Exhibit A. Each Subsequent Subscriber shall likewise contribute its Weighted Share to the capital of the System; and, to the extent such contribution is for capital costs fully paid, then each Initial Subscriber shall be entitled to an equivalent refund in the same percentage as each Initial Subscriber’s Weighted Share. It is the intention of the parties hereto to establish a joint and apportioned undivided ownership interest in the assets of the System as determined by the Board of Managers. As there is currently no specific entity to hold an ownership interest, assets of the System shall be held in the name of the City of Sandy Springs on behalf of and for the benefit of all Cities of the System. The City of Sandy Springs shall be responsible for setting up a Unified Radio System Fund to account for all assets, revenues and expenditures associated with the System and for all reporting and an annual audit. In the event the System shall need additional capital, the Board of Managers (as defined in Article 4) shall submit verification of need to the governing bodies of all Contributing Subscribers and obtain approval for any additional capital by resolution from all governing bodies. Any additional capital approved by all governing bodies shall be contributed by the Contributing Subscribers in their Weighted Share in such form as determined by the Board of Managers to be in the best interest of the System. 2. Maintenance. All maintenance, upgrade or other fees incurred in connection with operating of the System, including but not limited to fees associated with acquisition or leasing of land for communications towers, shall be paid by the Contributing Subscribers in accordance 3 with their Weighted Share and by the Non-Contributing Subscribers as shall be determined by the Board of Managers. Periodically the Board of Managers shall re-evaluate portioning of Subscriber contributions to maintenance, upgrade and ongoing fees incurred in connection with System operations. Contributing Subscriber contributions shall be re-evaluated according to Weighted Shares, and Non-Contributing Subscriber contributions shall be re-evaluated in an equitable manner determined by the Board of Managers to be in the best interest of the System. 3. Payment. As the Contributing Subscriber with responsibility to account for all assets, revenues and expenditures associated with the System, Sandy Springs shall be responsible for collecting payments from Subscribers for capitalization, purchases, maintenance and other obligations of the System and for expending such payments to satisfy such obligations. As obligations are incurred or to be incurred for the System, the City of Sandy Springs shall submit an invoice to each Subscriber with a request for payment of its Weighted Share (“Request”). The Subscriber shall review the invoice and acknowledge the obligation to be paid pursuant to the invoice and shall make payment to the City of Sandy Springs at such time and as directed in the Request. In the event payment is not received from a Subscriber in accordance with the Request (“Delinquent Portion”), the non-paying Subscriber shall incur a late fee in the amount of five percent (5%) of t he Delinquent Portion, and the remaining Subscribers shall contribute, in a timely manner to avoid additional cost and late penalties, the Delinquent Portion in accordance with their Weighted Shares. Subscribers paying the Delinquent Portion shall be entitled to reimbursement from the non-paying Subscriber within fourteen (14) days of the date the Subscriber shall have paid its Weighted Share of the Delinquent Portion. Reimbursement payments not made by the non-paying Subscriber within fourteen (14) days as hereinabove provided shall incur interest at the rate of six percent (6%) per annum. ARTICLE 3 ADDITIONAL SUBSCRIBERS Additional governmental units may subscribe for use of the System subsequent to the execution of this Agreement by unanimous approval of the existing Subscribers. These additional Subscribers may be Contributing Subscribers or Non-Contributing Subscribers. Subsequent Subscribers who subscribe to use the System following execution of this Agreement by the Initial Subscribers shall make capital contributions based on their Weighted Shares, as described in Article 2, and shall agree to accept the terms of the Agreement and its obligations. Subsequent Subscribers shall be required to pay their Weighted Share of any and all fees associated with maintenance and upgrade of the System as described in Article 2. Subsequent Subscribers shall be represented on the Board of Managers, with the City Manager or City Administrator of the Subsequent Subscriber seated as a Manager. Non-Contributing Subscribers shall subscribe to use the System without making a capital contribution and shall agree to accept the terms of the Agreement and its obligations. Non- Contributing Subscribers shall be required to pay fees associated with maintenance and upgrade of the System as described in Article 2. Non-Contributing Subscribers shall not be represented on the Board of Managers. In the event additional Subscribers accept the terms and become a party to this Agreement in order to be served by the System, they may do so by action of the Board of Managers and resolutions of the governing bodies of all then-existing Subscribers. 4 ARTICLE 4 GOVERNANCE OF OPERATION OF SYSTEM All matters relating to construction of the radio tower(s), acquisition of equipment and facilities and the operation of the System shall be determined by a board of managers (“Board of Managers”). Control and management of the System operations shall be vested in the Board of Managers, whose members (the “Managers”) shall be the City Managers or City Administrators of the respective Contributing Subscribers, or designees. Non-Contributing Subscribers shall not be represented on the Board of Managers. The Managers shall receive no compensation for their services. The Board of Managers shall establish rules and regulations for the governing of the System operations and may delegate to one (1) or more of the officers, agents, and employees of a Contributing Subscriber, subject to ratification by such Contributing Subscriber, such powers and duties as may be deemed necessary and proper. In the event such delegation results in a Contributing Subscriber’s employee being subject to enhanced job duties, the pertinent Contributing Subscriber shall be responsible for any necessary compensation adjustment. Governance documents shall be subject to the mutual review and approval of the governing bodies of all Contributing Subscribers. The Board of Managers shall elect a Chairman, Vice Chairman, Secretary (who is not required to be a member of the Board of Managers) and such other officers as deemed appropriate. The initial Chairman of the Board of Managers is the City Manager of Sandy Springs, who, by his signature affixed to this Agreement, accepts the appointment. The Board of Managers shall be subject to and fully comply with the Open Meetings Act, O.C.G.A. 50-14-1, et.seq. All new licenses required by the Federal Communications Commission (“FCC”) shall be held in the name of the City of Sandy Springs on behalf of and for the benefit of the System. ARTICLE 5 MANAGEMENT OFFICERS The Board of Managers may designate individual Managers to exercise such offices and with such responsibilities as the Board of Managers deem appropriate for the System. A Manager so designated may hold two (2) or more offices. Any such Manager shall either be an employee of a Contributing Subscriber who is willing to assume such duties or a contract employee retained by a Contributing Subscriber to assume such duties. In the event that a Contributing Subscriber expends funds to either (1) supplement the pay of an existing employee to serve as a Manager, (2) hires a new full or part time employee to serve as a Manager, or (3) retains a contract employee to serve as a Manager, such expenditure of funds shall be recognized as a maintenance expense for the operation of the System and the Contributing Subscriber responsible for such expenditure of funds shall be entitled to reimbursement for same in accordance with the maintenance contribution obligations of Subscribers set forth in Article 2, Paragraph 2 of this Agreement. The Secretary shall be responsible for preparing minutes of the meetings of the Managers, and authenticating the records of the System, and attesting to the position and authority of the officers acting on behalf of the Board of Managers. 5 ARTICLE 6 LIMITATION ON THE POWERS OF MANAGERS The authority of the Managers under this Agreement is limited by the following: (A) The Managers have no authority to: (i) Do any act in contravention of federal, state or local law or this Agreement, as each may be amended from time to time. (ii) Do any act that would make it impossible to carry on the ordinary business of the System, provided that the resignation by a Manager upon written notice to all other Managers is not restricted. (iii) Possess property of the System, or assign any rights in specific property of the System for other than a System purpose. (B) The Managers have no authority to sell all or substantially all of the assets of the System in a single transaction, unless consented to by all of the Managers and in no event may the assets of the System be sold or conveyed absent the unanimous ratification of the governing authorities of each Contributing Subscriber. (C) The Managers have no authority to borrow funds on behalf of the System except as provided under federal, state or local law or this Agreement, as each may be amended from time to time. ARTICLE 7 CONTRACTS, DEEDS AND LOANS All contracts, deeds, mortgages, pledges, promissory notes, transfers and other written instruments binding upon the System are to be executed on behalf of the System by the Chairman of the Board of Managers and must be ratified by the governing authorities of each Contributing Subscriber. The Chairman shall be authorized to execute such instruments only upon approval of the Board of Managers and ratification by each Contributing Subscriber, pursuant to authority granted by this Agreement, or by such other persons or agents as the Board of Managers may designate from time to time. ARTICLE 8 PROCUREMENT Sandy Springs shall be the procurement agent on behalf of the System until such time as an Authority, as contemplated in Article 9, is created. Procurement of the radio components shall, to the fullest extent available, be secured under State of Georgia procurement contracts and pricing and otherwise in full accord with the purchasing policies of Sandy Springs. Any radio components for which State contracts and pricing is not available shall be purchased in compliance with Sandy Springs purchasing policies. Any public works construction necessary for creation of the System shall be undertaken in full conformance with Georgia’s public works procurement law. It is anticipated by the parties hereto that Requests for Proposal (“RFP”) shall be issued on behalf of the System that will solicit vendor feedback regarding opportunities for private parties to construct certain components of the System infrastructure at no or reduced cost to the Contributing Subscribers and that a RFP will also be tendered seeking feedback for 6 the Contributing Subscribers to fully fund and construct the System infrastructure that will maximize leased space on System-owned towers in order to reimburse Subscribers according to their respective weighted contributions. ARTICLE 9 AUTHORITY CREATION The parties hereto agree that it is their mutual expectation and preference that, at the earliest available opportunity, a duly authorized Authority be created to which title to the System shall be conveyed, and which shall ultimately be responsible for all aspects of the System, including but not limited to holding title to System property and operating, maintaining, and upgrading of the System. The parties acknowledge and agree that the creation of such an Authority is a power vested with the General Assembly of the State of Georgia; however, the parties will use their respective best efforts to facilitate the creation of such as soon as practicable. ARTICLE 10 OTHER PARTICIPANTS No municipality or county may utilize or access the System unless and until that municipality or county has become a Subscriber, or until that municipality or county has entered into a Memorandum of Operation or Intergovernmental Agreement with the governing authorities of each Subscriber authorizing such utilization or access. ARTICLE 11 INCOME INTO THE SYSTEM The Board of Managers shall be responsible for identifying and taking steps to implement opportunities to derive income from the System. Any potential income opportunities (i.e., co-locations with private entities, etc.) shall be returned to the governing authority of each Contributing Subscriber for ratification prior to such becoming binding on the System. Any income derived from the System shall be returned to the Contributing Subscribers in a percentage that is no less than the Contributing Subscribers’ Weighted Share contribution to the System, though a Contributing Subscriber may be entitled to a market rate land lease payment to account for greater initial contributions to the System by providing land to the System. In the event of such a special circumstance, the Board of Managers shall make a recommendation to the governing authorities of each Contributing Subscriber that a Contributing Subscriber should realize more than its weighted contribution as described above. ARTICLE 12 AUDIT Any Contributing Subscriber shall have the right to request an annual audit of all expenditures and income related to the System. Costs for such audit shall be borne by the Subscribers in the same percentage for which maintenance costs are apportioned. ARTICLE 13 SIGNATURES ON CHECKS, DRAFTS Checks and drafts drawn on the credit or accounts maintained for the benefit of the System shall be signed by such Managers, Officers, or such other employees or persons as the 7 Board of Managers may designate from time to time. An account for such financial transactions may be opened for the benefit of the System, but must be established and overseen by the governing authority of a Contributing Subscriber. ARTICLE 14 RETAINED POWERS OF GOVERNMENTAL UNITS Each Subscriber shall retain responsibility and authority for its operational departments and for such equipment and services as are required at its place of operation to interconnect to the System’s operations. ARTICLE 15 OPERATIONS ADVISORY COMMITTEE There is hereby created an Operations Advisory Committee for the System. The Operations Advisory Committee shall perform services of oversight and supervision of the System as authorized by the Board of Managers and shall serve in an advisory capacity. The Operations Advisory Committee is tasked with building consensus among its members regarding the review and recommendations regarding direction of the System. The Board of Managers shall consider the Committee’s recommendations and advice, but shall be under no obligation to take action consistent with such recommendations and advice. The Operations Advisory Committee membership shall consist of two (2) representatives from each Contributing Subscriber, who are the Police Chief or Public Safety Director and the Fire Chief of each Contributing Subscriber. In the event a Contributing Subscriber does not have a Fire Chief, the City Manager or City Administrator of such Contributing Subscriber shall designate a second representative to the Operations Advisory Committee for the Contributing Subscriber. The Operations Advisory Committee shall play a vital role with all Subscribers because its members have contributed to and understand the goals, objectives and work plan activities for the System to be a success. The Committee may, among other things, establish subcommittees to consider technology solutions and related issues to assist the Committee in forming a consensus, making decisions, and providing appropriate direction to the Board of Managers. The Operations Advisory Committee shall be subject to and fully comply with the Open Meetings Act, O.C.G.A. 50-14-1, et seq. ARTICLE 16 TERM OF AGREEMENT The initial term of this Agreement is for (1) twenty (20) years, commencing ___________________, 20__ and ending on ___________________, 20__, or (2) within twelve (12) months following the creation of an Authority by the General Assembly of the State of Georgia, whose purpose is to operate the System, or (3) or immediately upon conveyance of all System assets to such created Authority, whichever occurs earlier. The Subscribers understand and agree that this Agreement may be terminated only by unanimous consent of all Subscribers. This Agreement may be renewed by the Subscribers in additional terms of twenty (20) years each upon resolutions of the governing bodies of each Subscriber. 8 Should any Initial Subscriber desire to terminate its participation in the System, such Initial Subscriber shall be responsible for all costs associated with its removal from the System and for all capital and operating costs associated with the remaining Subscribers continuing to operate the System without degradation of capability through the end of the current fiscal year, subject to appropriations by the governing body of the withdrawing Initial Subscriber. Further, all System frequencies shall remain part of the System unless otherwise authorized by the licensing authority. ARTICLE 17 NON-ASSIGNABILITY Subscribers shall not assign any of the obligations or benefits of this Agreement. ARTICLE 18 ENTIRE AGREEMENT The Subscribers acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the Subscribers regarding the subject matter of the Agreement, and supersedes all prior oral or written agreements or understandings. No representation, oral or written, not incorporated in this Agreement shall be binding on any of the Subscribers. All Subscribers must agree to and execute any subsequent changes to this Agreement. ARTICLE 19 AMENDMENT This Agreement may be modified at any time upon mutual written consent by resolutions of the governing bodies of all Subscribers. ARTICLE 20 NOTICES All notices, statements, modifications, amendments, demands, requests, consents, approvals, or authorizations hereunder given by any Subscriber to the others shall be in writing and sent by registered or certified mail, postage prepaid. The Subscribers each agree to give the other Subscribers duplicate e-mail notice. Notices shall be addressed as follows: If to the City of Alpharetta: Bob Regus, City Administrator 2 South Main Street Alpharetta, Georgia 30009 Telephone: 678-297-6010 E-Mail: bregus@alpharetta.ga.us With a copy to: C. Sam Thomas, City Attorney 200 Ashford Center North, Suite 500 Atlanta, Georgia 30338 Telephone: 770-391-9100 E-Mail: cst@boviskyle.com 9 If to the City of Johns Creek: John Kachmar, City Manager 12000 Findley Road, Suite 400 Johns Creek, Georgia 30097 Telephone: 678-512-3327 E-Mail: john.kachmar@johnscreekga.gov With a copy to: William F. Riley/Scott Hastey, City Attorney 12000 Findley Road, Suite 400 Johns Creek, Georgia 30097 Telephone: 678-280-4964 E-Mail: briley@rileymclendon.com shastey@rileymclendon.com If to the City of Milton: Christopher J. Lagerbloom, City Manager 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 Telephone: 678-242-2488 E-Mail: chris.lagerbloom@cityofmiltonga.us With a copy to: Kenneth Edward Jarrard, City Attorney 105 Pilgrim Village Drive, Suite 200 Cumming, Georgia 30040 Telephone: 678-455-7150 E-Mail: kjarrard@jarrard-davis.com If to the City of Roswell: Kay G. Love, City Administrator 38 Hill Street Roswell, Georgia 30075 Telephone: 770-641-3727 E-Mail: klove@roswellgov.com With a copy to: David B. Davidson, City Attorney 38 Hill Street, Suite 110 Roswell, Georgia 30075 Telephone: 770-594-6183 E-Mail: ddavidson@roswellgov.com If to the City of Sandy Springs: John McDonough, City Manager 7840 Roswell Road, Building 500 Sandy Springs, Georgia 30350 Telephone: 770-206-1414 E-Mail: jmcdonough@sandyspringsga.gov With a copy to: Wendell K. Willard, City Attorney 7840 Roswell Road, Building 300, Suite 330 Sandy Springs, Georgia 30350 Telephone: 770-481-7110 E-Mail: wkwillard@wendellwillard.com 10 ARTICLE 21 SEVERABILITY, VENUE AND ENFORCEABILITY If a court of competent jurisdiction renders any provision of this Agreement (or any portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion were not part of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia and should any Subscriber institute suit concerning this Agreement, venue shall be in the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one Subscriber by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all Initial Subscribers have participated in the preparation hereof. ARTICLE 22 BINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the respective Subscribers’ successors, heirs and assigns. ARTICLE 23 E-VERIFY To the extent any portion of this Agreement is interpreted as a public works agreement or an agreement regarding the physical performance of services, each respective jurisdiction agrees to provide the necessary affidavits and any other documentation to establish E-Verify compliance. ARTICLE 24 COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the Initial Subscribers have executed this Agreement through their duly authorized officers on the day and year first above written. [Signatures on following pages] 11 CITY OF ALPHARETTA ATTEST: ___________________________________ _________________________________ David Belle Isle, Mayor City Clerk (SEAL) Approved as to form: ___________________________________ _________________________________ C. Sam Thomas, City Attorney Bob Regus, City Administrator [Signatures continued on following pages] 12 CITY OF JOHNS CREEK, GEORGIA ATTEST: ___________________________________ _________________________________ Michael E. Bodker, Mayor City Clerk (SEAL) Approved as to form: ___________________________________ _________________________________ William F. Riley, City Attorney John Kachmar, City Manager [Signatures continued on following pages] 13 CITY OF MILTON ATTEST: ___________________________________ _________________________________ Joe Lockwood, Mayor City Clerk (SEAL) Approved as to form: ___________________________________ _________________________________ Kenneth Edward Jarrard, City Attorney Christopher J. Lagerbloom, City Manager [Signatures continued on following pages] 14 CITY OF ROSWELL ATTEST: ___________________________________ _________________________________ Jere Wood, Mayor City Clerk (SEAL) Approved as to form: ___________________________________ _________________________________ David B. Davidson, City Attorney Kay G. Love, City Administrator [Signatures continued on following pages] 15 CITY OF SANDY SPRINGS, GEORGIA ATTEST: ___________________________________ _________________________________ Eva Galambos, Mayor City Clerk (SEAL) Approved as to form: ___________________________________ _________________________________ Wendell K. Willard, City Attorney John McDonough, City Manager EXHIBIT A INITIAL SUBSCRIBERS WEIGHTED SHARES Population City Population % Alpharetta 57,551 16.48% Milton 32,661 9.35% Johns Creek 76,728 21.98% Roswell 88,346 25.30% Sandy Springs 93,853 26.88% Total 349,139 100.00% Land Mass Square Miles % Alpharetta 26.91 15.42% Milton 38.52 22.07% Johns Creek 30.73 17.61% Roswell 40.72 23.33% Sandy Springs 37.64 21.57% Total 174.52 100.00% Subscriber Radios Radios % Alpharetta 409 25.92% Milton 95 6.02% Johns Creek 191 12.10% Roswell 489 30.99% Sandy Springs 394 24.97% Total 1578 100.00% Weighted Initial Subscriber Weighted Share (Percentage) Capital Contribution based on Initial Capitalization of $16,000,000 Alpharetta 19.274% $ 3,083,840 Milton 12.482% $ 1,997,120 Johns Creek 17.230% $ 2,756,800 Roswell 26.542% $ 4,246,720 Sandy Springs 24.472% $ 3,915,520 Total 100.00% $16,000,000