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10-21-2013-Packet
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, October 21, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Brent Deakins, Reach One Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-241) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the October 7, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-242) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 21 , 2013 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of an Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Use of Northwestern Middle School. (Agenda Item No. 13-243) (Jim Cregge, Parks & Recreation Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf North Atlanta, LLC dba Atlanta National Golf Club, Located at 350 Tournament Players Drive, Milton, Georgia 30004. The Applicant is Robin Spradlin – Consumption on Premises Wine, Malt Beverages and Distilled Spirits. (Agenda Item No. 13-244) (Stacey Inglis, Assistant City Manager) 2. Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf North Atlanta, LLC dba White Columns Country Club, Located at 300 Clubhouse Drive, Milton, Georgia 30004. The Applicant is Robin Spradlin – Consumption on Premises Wine, Malt Beverages and Distilled Spirits. (Agenda Item No. 13-245) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA 1. Consideration of U13-02/VC13-03 – Deerfield Parkway (West Side), Crescent Communities, LLC. for a Use Permit to Allow the Construction of 256 Multi-family Residential Units and Related Accessory Uses (Sec. 64-1839) and a 2-part Concurrent Variance to 1) Provide 100% of the Site for Apartments (Chapter 64, Division 5.A, 4.6.6.a.ii) and 2) to Delete the Requirement to Provide a Minimum of 300 Cubic Feet of Separate Contiguous Storage Space Shall be Provided to Each Dwelling Unit. (Agenda Item No. 13-231) (First Presentation at October 7, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 21 , 2013 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 2, Article VI, Administration-Financial Management Program Section 2-626(a)(2) to Provide for Piggybacking from Contracts of Other Public Entities. (Agenda Item No. 13-232) (First Presentation at October 7, 2013 Regular Council Meeting) (Stacey Inglis, Assistant City Manager) 11) NEW BUSINESS 1. Consideration of a Resolution of the City Council of Milton, Georgia; to Adopt an Urban Redevelopment Plan for Areas Within Milton, Georgia, Pursuant to the Provisions of the Urban Development Law, O.C.G.A. Section 36-61-1 et seq.; to Approve an Application for an Opportunity Zone for all or Part of the Area Encompassed by such Redevelopment Plan Pursuant to O.C.G.A. Section 48-7-40.1; to Promote the Public Health, Safety and Welfare, and for Other Purposes. (Agenda Item No. 13-246) (Discussed at October 14, 2013 Work Session) (Bill O’Connor, Economic Development Manager) 2. Consideration of a Resolution Adopting the Master Plan for Bell Memorial Park. (Agenda Item No. 13-247) (Discussed at October 14, 2013 Work Session) (Jim Cregge, Parks and Recreation Director) 3. Approval of Change Order #2 to the Professional Services Agreement between the City of Milton and Foresite Group, Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. (Agenda Item No. 13-248) (Jim Cregge, Parks & Recreation Director) 4. Consideration of a Waiver of Conflict Affirmatively Waiving any Actual, Potential or Apparent Conflict of Interest Arising from or Attributable to Jarrard & Davis, LLP’s Simultaneous Representation of Milton and Cherokee in the Preparation of an Automatic Aid and Mutual Aid Agreement between the City of Milton and Cherokee County to Provide Supplemental Fire Suppression and Emergency Services for the City of Milton and Cherokee County. (Agenda Item No. 13-249) (Ken Jarrard, City Attorney) 5. Consideration of an Automatic Aid and Mutual Aid Agreement between the City of Milton and Cherokee County to Provide Supplemental Fire Suppression and Emergency Services for the City of Milton and Cherokee County. (Agenda Item No. 13-250) (Bob Edgar, Fire Chief) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 21 , 2013 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6. Consideration of a Third Amendment to an Intergovernmental Agreement between the City of Milton, Georgia and the City of Johns Creek, Georgia for the Provision of Information Technology Services. (Agenda Item No. 13-251) (Chris Lagerbloom, City Manager) 7. Consideration of a Sublease and Option to Purchase between the City of Milton, Georgia and Fulton County for the Northwest Fulton Fire Station located at 750 Hickory Flat Road, Milton, Georgia. (Agenda Item No. 13-252) (Chris Lagerbloom, City Manager) 8. Consideration of a Conflict Waiver regarding Jarrard & Davis, LLP’s Representation of the City of Milton in Relation to the Second Amendment to an IGA and Sublease Agreement. (Agenda Item No. 13-253) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-254) The minutes were provided electronically M HOME OF' al tiLTON% FSTAi3LISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: October 10, 2013 FROM: City Manager AGENDA ITEM: Approval of an Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Use of Northwestern Middle School. MEETING DATE: Monday, October 21, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( YES () NO CI TY ATTORNEY REVIEW REQUIRED: (y YES () NO APPROVAL BY CITY ATTORNEY (APPROVED ONOTAPPROVED PLACED ON AGENDA FOR: 107-113 REMARKS MYour ,i.— * * * PHONE: 578.242.2500 I FAX: 678.242.2499 -,Green 'W ; C nifWd i Community fmi into@cityoltonga.us J www.cityofmiltonga.us „ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 rfp.,"E° BRONZt p Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on October 9, 2013 for the October 21, 2013 Regular Council Meeting Agenda Item: Approval of an Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Use of Northwestern Middle School ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of an Intergovernmental Agreement between the City of Milton and Fulton County Board of Education (“FCBoE”) for the Use of Northwestern Middle School. Executive Summary: The City of Milton has been utilizing the multi-purpose athletic field and the gymnasium at Northwestern Middle school for over two years operating under the terms of a rental agreement. During that time, the Parks and Recreation Department, in conjunction with our programming partners EagleStix and North Georgia Recreation, has built a very successful girls’ lacrosse program (200+ participants) and a growing youth basketball program (175+ participants). In addition, we support the non-city affiliated Milton Junior Eagles Feeder Basketball program by providing gymnasium space for them. Typically, FCBoE limits a rental agreement to six months. This IGA initially began in 2011 and became delayed by the departure of two Department Directors. This agreement formalizes the existing partnership between the City and FCBoE for this space and also allows the City to secure the facilities used by these recreation programs. This is a standard FCBoE IGA with a five year term. This agreement also provides the City access to additional facilities at the school for new programs and other opportunities as they develop. Funding and Fiscal Impact: The IGA commits the City to maintain the multi-purpose field, pay the water bill for irrigation and contribute $12,000 per year in improvements to the school. EagleStix Lacrosse has agreed to fund these costs and, in fact, has been maintaining the field for the past 16 months. There is no net payment by the City to meet the contract requirements. Page 2 of 2 Alternatives: We are not able to continue in a rental situation as this is not compliant with FCBoE policies. If we do not enter into this agreement, we will need to identify an alternate location for the lacrosse and basketball programs and we will no longer be able to support the Milton Junior Eagles Basketball Program. Legal Review: Paul Higbee – Jarrard & Davis August 20, 2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Intergovernmental Agreement between the City of Milton and Fulton County Board of Education ~on Cou nty School s Where Students Come First BOARD OF ED UCAT IO N Linda Schultz , President Linda McCain , Vi ce President Julia C . Bernath • Linda P. Bryant • Gail Dean Catherine Maddox • Katie Reeves Robert M . Avossa , Ed .D., Superintendent Northwestern Middle School INTERGOVERNMENTAL AGREEMENT THIS LEASE AGREEMENT (the "Agreement"), made and entered into as of this __ day of , 2013, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as "City" or "Lessee") and the FULTON COUNTY BOARD OF EDUCATION, a political subdivision of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as "FCBE" or "Lessor"). Background Information A FCBE owns certain real property located at 12805 Birmingham Highway, Milton , Ga 30004 (the "Middle School Property"), on which Northwestern Middle School (the "Middle School ") is located. The Middle School Property is hereinafter referred to as the "School Property." The Middle School is also referred to herein as a "School." B. A multipurpose field is located on the Middle School Property . The Middle School Facilities hereinafter referred to as the "School Facilities," as identified on Exhibit A C. FCBE and City desire to enter into this Agreement to provide for the joint use of the School Facilities by FCBE and City . Agreement Now , therefore, in consideration of the premises and mutual promises and covenants contained herein, and for other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged, City and FCBE hereby agree as follows: 1. Use of School Facilities by City . FCBE hereby grants the City the right to use the School Facilities on the following terms and conditions : a. FCBE expressly reserves priority to use the School Facilities for school activities , including extracurricular activities, from 7:00 a.m. until 5:30 p.m., Monday through Friday, during each Academic Year during the Term of the Agreement. FCBE and City expressly agree that during such times, the School Facilities may be used for the activities of any Fulton County School. As used herein, the term "Academic Year" shall be defined by FCBE on an annual basis . LAND MANAGEMENT 5270 Northfield Boulevard , College Park , GA 30349-3 179 • 404-669-89 80 • www.fultonschools.org b. City shall have no right to use the School Facilities during Regular School Hours unless the principal (the "Principal") of the School on which such School Facilities are located or his or her designee consents to such use in such Principal's sole and absolute discretion. As used herein, the term "Regular School Hours" shall mean the periods from 7:00 a.m. through 3:00 p.m., Monday through Friday, throughout each Academic Year during the Term of the Agreement. c. City may request the use of the School Facilities after Regular School Hours when FCBE has priority to use such School Facilities (i.e., from 3:00 p.m. until 5:30 p.m., Monday through Friday, throughout each Academic Year during the Term of the Agreement) by notifying the Principal of the School on which such School Facilities are located in writing not less than one week prior to the date City desires to use such School Facilities. Such Principal shall use reasonable efforts to accommodate such request. d. During each Academic Year, City shall have first priority use of the School Facilities Monday through Friday from 5:30 p.m. until dark. The City shall have first priority use of the School Facilities on Saturdays from 9:00 a.m. until 5:00 p.m., and on Sundays from 12:00 p.m. until 5:00 p.m. City shall also have first priority use of the School Facilities during the Non-Academic Year, defined as the time between the end of each Academic Year and the beginning of the next Academic Year. The times for use of the School Facilities during the Non-Academic Year shall be the same as times for use during the Academic Year. The City may request additional time for the use of the School Facilities during the Non-Academic Year through the School's Principal. The Principal shall use reasonable efforts to accommodate such request. Notwithstanding, City acknowledges that the Principal may schedule special events to be held during the Academic Year and Non-Academic Year while City has first priority use, whereas City will accommodate such scheduled events as long as proper notice of 30 days is given by the Principal to the City. FCBE and the City shall determine a mutually agreed upon period of rest for the Multipurpose Field for a period of no less than thirty (30) days during the Non-Academic Year in order to maintain the quality of the turf. e. Notwithstanding subsection 1.d. above, FCBE may request the use of the School Facilities during times when City has first priority to use such School Facilities as described above by notifying City in writing not less than one week prior to the date FCBE desires such School Facilities. City shall use reasonable efforts to accommodate such requests. FCBE and City expressly agree that during such times, the School Facilities may be used for the activities of any Fulton County School. f. City and FCBE acknowledge that non-City sponsored groups may, from time to time, request the use of the School Facilities or have the right to request the use of the School Facilities. Such groups may be permitted to use the School Facilities provided that (a) such groups qualify, in FCBE's or its representative's sole discretion, to use the School Facilities under FCBE's policy governing use of the School Facilities; (b) both FCBE and City deem the proposed activity to be an appropriate use of the School Facilities; (c) the use does not interfere in any way with the conduct of school activities, including but not limited to, after-school athletic and other extracurricular activities of whatever nature of any Fulton County School; (d) the use does not interfere in any way with the conduct of City's recreational activities; (e) the activity does not conflict with any previously scheduled activities of City or FCBE; (f) reasonable periods of rest are observed in order to maintain the quality of any turf located on any of the School Facilities, and (g) such non-City sponsored groups agree in writing to the following: (g.1 ) provide supervisory and security personnel to properly maintain the order and discipline when the School Facilities are being used by such groups; (g.2) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; (g.3) if applicable, secure and lock the School Facilities upon the completion of each practice, game or other activity thereon; (g.4) maintain the exterior School Facilities during the period of use; and (g.5) pay the required "usage" fees, if any, as referenced in Exhibit C. When non-City sponsored groups request the use of the School Facilities during the times when City has the priority to use the School Facilities, City will use reasonable efforts to accommodate such requests and will be responsible for scheduling such activities, and City will promptly notify the Principal of the School on which such activities will occur of each such request. The Principal will coordinate such scheduling when non-City sponsored groups request to use the School Facilities during all times when City does not have the exclusive right to use the School Facilities. The principal shall use reasonable efforts to accommodate such request. g. City shall (i) provide supervisory and security personnel to properly maintain order and discipline when the School Facilities are being used by City; (ii) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; and (iii) if applicable, secure and lock the School Facilities upon completion of each practice, game or other activity thereon. h. City shall keep all motorized vehicles off grassed areas at subject schools and parking shall be limited to designated areas only. i. City's use of the School Facilities is expressly subject to and conditional upon City's compliance with the current version of Fulton County Board of Education Policy KG and Procedure KG. Policy and Procedure KG, as currently in effect, are hereby incorporated into this Agreement as referenced in Exhibit D. Updates to Policy and Procedure KG are available on the FCBE website, www.fultonschools.org. In the event of any conflict between the terms of this Agreement and Policy KG and Procedure KG, the Policy and Procedure shall control. j. No food or drink with the exception of water shall be allowed in the interior School Facilities. 2. Term of Agreement. This agreement shall be for a term commencing on the 1st day of June 2013 and ending on the 31st day of May 2018, provided that the Board of Education may cancel this agreement if City fails to timely remedy any non-compliance with this Agreement within thirty days of written notice of FCBE's intention to cancel the Lease Agreement, notwithstanding the terms of Sections 9, 11 and 14(b) of this Agreement. 3. Consideration and Expenses. The parties agree that the mutual use of the School Facilities and the improvements described herein by the City is the consideration for the entry into this Agreement by both parties and that no rent shall be payable for the use of the exterior School Facilities by either FCBE or City; however, rent shall be payable by the City for the use of the interior School Facilities. Notwithstanding the foregoing, the City agrees that it shall make the initial improvements as described in Exhibit B. The said initial improvements shall be made by the City within the first year of the initial term, more specifically during the period recognized as the Non-Academic Year and the said initial improvements shall be completed prior to the next Academic year. No other improvements may be made by the City without the written consent of FCBE's designee. The City shall pay for all usage fees associated for the use of any interior School Facilities. The usage fees shall be assessed on the basis of the Facility Use Fee Schedule, as referenced in Exhibit C. The City acknowledges from time to time on a periodic basis FCBE may change the Facility Use Fee Schedule which the City will abide to such changes. In addition, if FCBE incurs direct costs or expenses (other than maintenance costs, which shall be governed by Section 4 below) solely as a result of the use of FCBE's School Facilities by the City (not including maintenance or utility expenses resulting from the reasonable use of such School Facilities) upon FCBE being made aware of such costs or expenses, FCBE shall notify the City of such costs or expense prior to the City's continued use of such School Facilities, and the City shall be required to reimburse FCBE for such costs or expenses within thirty (30) days of the request. 4. Maintenance of Facilities. a. In addition to the obligations contained in subsection 1.g. above, during the Academic Year, each party shall, at such party's expense, maintain the School Facilities in good condition and repair in relation to each party's use of the School Facilities, including without limitation the provision of routine custodial services and landscape maintenance services and the repair and replacement of all equipment and improvements located on the School Facilities. City agrees that it will maintain and repair the irrigation system for the School Facilities at its own cost, which repairs and maintenance shall conform to Lessor's specifications for such irrigation system, and agrees to keep it in good working order and in compliance with all local codes. In addition, City shall pay for all water used for the irrigation system for the School Facilities during the term of this Agreement and any renewal terms. Such payment shall be due within 60 days of receipt of invoice based upon an estimate of annual water costs to be provided by Lessor or its designee with a final accounting (and payment or refund) once the actual cost has been determined. Periodic inspections of the field improvement may be performed by Lessor or its agents or employees, with any problems (and origin thereof, if identifiable) to be reported to the offices of the FCBE. Lessee shall maintain, at Lessee's sole expense, the School Facilities in a good and safe condition. Maintenance shall include, but not be limited to, mowing the field on a routine basis, fertilizing, re-seeding, and making such improvements as may be necessary or reasonably requested by Lessor subject to those conditions noted in Paragraph 2. As used herein, the term "routine custodial services" shall include without limitation, the collection of litter and debris from the School Facilities; weekly removal of the contents of trash receptacles and weekly removal of hazardous items from areas utilized or accessible to staff, students, or visitors. The City shall maintain an adequate level of sanitary supplies as mutually agreed upon by the City and Principal. b. Notwithstanding the terms of subsection 5.a. above, during the Term of the Agreement, the City shall maintain the School Facilities during the period of the Non- Academic Year. The City shall also maintain the School Facilities, in relation to its use of such Facilities, during the Non-Academic Year. c. The City shall not have the right to construct or demolish any improvements on FCBE's property without FCBE's written consent, which may be withheld in FCBE's sole discretion. City acknowledges and agrees that FCBE may alter or demolish any of the facilities located on FCBE's property, as well as construct new improvements, without the consent of the City. 5. Utilities. The City shall pay all water and electricity charges for the maintenance of the exterior School Facilities. 6. Insurance. The City shall maintain a minimum of $1 million commercial general liability (including bodily injury, property damage and fire legal liability) insurance with a $2 million general aggregate, shall maintain a minimum of $1 million automobile liability insurance (CSL), and provide statutory Workers Compensation coverage with a minimum Employers Liability of $100,000 per accident, $500,000 policy limit. Any third party using the School Facilities with the express, written consent of the City shall maintain a minimum of $1 million commercial general liability(including bodily injury and property damage) and automobile liability insurance coverage, with minimum policy limit of $1 million per occurrence (CSL), and name FCBE and City as additional insureds. For purposes of this Agreement, the phrase "third party using the School Facilities" shall mean an entity, group, or individual other than an agent, employee, or elected or appointed official of the City or the FCBE that receives written permission from the FCBE or City to use the School Facilities for a function , event or program in a manner substantively more intense than general public use, it being understood and agreed that 'use of the School Facilities' by the general public for general recreational purposes shall not require acquisition of the insurance referenced immediately above. Any third party performing building, construction, or public improvement projects on the School Facilities with the express written consent of FCBE shall be required to maintain a minimum of $2 million commercial general liability (including bodily injury and property damage) insurance, shall maintain a minimum of $1 million automobile liability insurance (CSL) naming both FBCE and City as additional insureds and provide statutory Workers Compensation coverage with a minimum Employers Liability of $100,000 per accident, $500,000 policy limit. Any third party performing building, construction or public improvement projects on the School Facilities shall submit proof of insurance by submitting a certificate of insurance prior to performing such work. 7. Liability. City shall be responsible for the acts and omissions of City and its agents, contractors or employees. FCBE shall be responsible for the acts and omissions of FCBE and its agents, contractors, or employees. Any third party using the Facilities shall be required to defend, indemnify and hold harmless FCBE, the Fulton County School District, the City, and each party's current, past, and future agents and employees against all costs, damages, or claims, whether for personal injury or property damage, arising out of any act or omission of such third party in connection with its use of the School Facilities. 8. Casualty. If any of the School Facilities are damaged or destroyed during the Term of the Agreement by a casualty loss, the party that owns such School Facilities may elect to rebuild or restore same. If such damage or destruction is due to the acts or omission of the other party, then the owner may elect to rebuild or restore the damaged or destroyed School Facilities subject to reimbursement by the other party pursuant to the terms of Section 7 above. 9. Condemnation. In the event all or any portion of the School Property is condemned by any legally constituted authority for any public use or purpose, or sold under threat of condemnation, then all condemnation awards or sales proceeds shall belong to the owner of such condemned or sold property, and this Agreement shall terminate as to such property on the date of such condemnation or sale. If a portion of the School Property that contains all of the School Facilities is so condemned or sold then this Agreement shall terminate on the date of such condemnation or sale. 10. Liens. No encumbrances, charges or liens against the School Facilities shall exist because of any action or inaction by either party or such party's independent contractors. Each party shall discharge by bond or otherwise within ten (1 0) days of notice of existence of any lien, encumbrance or other charge arising because of the actions of such party. 11. Termination. (a) Either party shall have the right to terminate this Agreement without cause upon ninety (90) days prior written notice. In the event of termination, FCBE shall have no obligation to compensate City, including any compensation for any remaining value of any improvements, and all improvements made by City or on City's behalf shall remain with the School Facilities. (b) In the event either party defaults in the performance of any of its obligations under this Agreement, the non-defaulting party shall, in addition to all other rights and remedies available to such non-defaulting party at law or in equity, have the right to (i) provide written notice to the defaulting party of the intention to terminate this Agreement within (30) days of the written notice if such default is not remedied within the 30 days, or (ii) cure such default at the expense of the defaulting party. The defaulting party, within ten ( 1 0) days of the receipt of a statement for reimbursement, shall reimburse the other party for any amount paid and any expense or contractual liability so incurred. Notwithstanding the foregoing, if (i) such default is of such nature that it cannot reasonably be remedied within such thirty (30) day period, (ii) the defaulting party has commenced its efforts to remedy such default within such thirty (30) day period and is diligently and in good faith pursuing such efforts, and (iii) actually remedies such breach within sixty (60) days from the date it first receives notice of default from the non- defaulting party, the non-defaulting party shall not have the right to terminate this Agreement, expect pursuant to 11 a above. 12. Expiration of Term. a. Upon the expiration of the Term of the Agreement, all fixed and permanent improvements upon the School Property shall remain the property of FCBE, free and clear of all liens and encumbrances. Either party may remove portable improvements made by such party. A listing of all portable improvements shall be prepared by such party and approved by the other party prior to the removal of said improvements. Except in connection with agreed upon repairs or replacements, the City covenants not to destroy or remove any improvements constructed (other than portable improvements) or equipment placed upon FCBE's property, pursuant to this Agreement or otherwise, without the written consent of FCBE. b. Upon the expiration of the Term, each party agrees to promptly vacate all parts of the other party's Property. All keys held by a party for the Facilities located on the other party's Property shall be returned to the other party within a reasonable time. 13. Notice. Any notice or consent required to be given by or on behalf of any party hereto to any other party shall be in writing and sent by (i) certified mail, return receipt required or (ii) delivered personally, including by courier or expedited mail service, address as follows (or at such address as may be specified from time to time in writing): If to FCBE: Superintendent Fulton County Board of Education 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315 With a copy to: David Knotts, Director of Land Management Fulton County Board of Education 5270 Northfield Boulevard College Park, Georgia 30349 If to City: Jim Cregge Director of Parks and Recreation City of Milton 13000 Deerfield Parkway, Suite 107 A Milton, Ga 30004 All such notices hereunder shall be deemed to have been given on the date of delivery or the date marked on the return receipt unless delivery is refused or cannot be made because of any incorrect address provided by the addressee, in which case the date of postmark shall be deemed notice has been given. 14. Miscellaneous. a. This Agreement shall be construed as an intergovernmental contract, and no estate shall pass out of FCBE or City. Neither party shall, without the prior written consent of the other party, which consent may be withheld in the other party's sole discretion, assign its interest in this Agreement or any interest hereunder. Consent to any assignment shall not destroy this provision and any later assignments shall be made likewise only upon the prior written consent of the other party. Any assignee of either party, at the option of the party, shall become directly liable to the other party for all obligations of the assigning party hereunder, but no assignment by either party shall relieve such party of any liability hereunder to the other party. b. If either party is delayed, hindered or prevented from performing any act or thing required hereunder by reason of strikes, lock-outs, labor troubles, casualties, inability to procure labor, materials or financing, failure or lack of utilities, governmental laws and regulations, riots, insurrection, war, acts of God, inclement weather, or other causes beyond the reasonable control of either party ("Force Majeure"), the delayed party shall not be liable, and the period of performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides written notice of such occurrence to the other party within ten (1 0) days of such occurrence. The foregoing is inapplicable to the payment of money unless such delay is due to an act arising after a party's mailing which affects the physical delivery of the payment. c. THE CITY WILL NOT ALLOW ALCOHOLIC BEVERAGES OR THE USE OF TOBACCO PRODUCTS ON FCBE'S SCHOOL FACILITIES AT ANY TIME. d. This Agreement constitutes the sole and entire agreement between the parties hereto as of the date hereof, and no modification of this Agreement shall be binding unless attached hereto and signed by City and FCBE. No representation, promise, or inducement not included in this Agreement shall be binding upon any party hereto. e. Time is of the essence for each and every provision and stipulation of this Agreement. f. Each party acknowledges that this Agreement has been freely negotiated by both parties, and that, in any controversy, dispute or contest over the meaning, interpretation, validity or enforceability of this Agreement or any of its terms or conditions, there shall be no inference, presumption, or conclusion drawn whatsoever against either party by virtue of that party having drafted this Agreement or any portion thereof. g. No action or failure to act by any party hereto shall constitute a waiver of any right or duty afforded, to such party under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach of this Agreement except as may be specifically agreed in writing. h. This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall together constitute one and the same instrument. i. Lessee who wishes to use District facilities during non-instructional hours will be required to affirmatively agree to consult with the school leadership/building administrator about compliance with the existing school/building safety plan as a part of their Facility Use application. IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal the day and year first above written. CITY OF MIL TON By: _____________ _ Name: -------------- Title: ____________ _ FULTON COUNTY BOARD OF EDUCATION By: _________ _ Name: Patrick Burke Date Title: Deputy Superintendent of Operations By: _________ _ Name: Robert M. Avossa, Ed.D. Title: Superintendent Exhibit A Exhibit B Exhibit C Exhibit D Date Date Notary Public Notary Public Notary Public Exhibit A Multipurpose Field Northwestern MS - Exhibit B The parties agree and consent to the following initial improvements to take place during the term of this Agreement: Year 1 (2013-2014)-value of improvements $12,000 Year 2 (2014-2015)-value of improvements $12,000 Year 3 (2015-2016) -value of improvements $12,000 Year 4 (2016-2017)-value of improvements $12,000 Year 5 (2017 -2018) -value of improvements $12,000 BOARD OF EDUCATION Linda Schultz, President Linda McCain, Vice President ~on County Schools Where Students Come First Julia C. Bernath· Linda P. Bryant· Gail Dean Catherine Maddox · Katie Reeves Robert M. Avossa, Ed.D.,Superintendent Exhibit C Rules Governing Use of Facilities by Outside Organizations Outside Organizations shall follow these additional rules governing use of school facilities I. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual's race, religion, creed, sex, national origin or disability. 2. A school custodian, and/or other System employee as designated by the principal, must be present during the activity or event. School employees are not permitted to give their building keys to an outside organization. 3. General Liability Insurance in the amount of$1 million (minimum) combined single limit coverage is required. $500,000 (minimum) Auto Liability coverage is required. \Yorker's Compensation coverage is required, if applicable. A Certificate oflnsurance must be provided at the time the contract is signed. Fulton County Board ofEducation must be listed as an "Additional Insured" on the policy. 4. Lease fees are to be paid in advance to the Rental Oftice, 5270 Northfield Boule\'nrd, College Park, Georgia 30349. Check should be made payable to FULTON COUNTY BOARD OF EDUCATION. Facilities will not be available until payment and the proper documents are received by this office. Phone number (404) 76S. 7157; fax number (404) 305-2235. 5. Signs, banners, permits, etc., may not be erected on school property unless the permission of the Principal or designee is obtained in advance and only if such displays do not deface school property. 6. Adequate supervision, as approved by the Principal, must be present for activities involving children. 7. Parking is permitted only in designated areas. 8. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes. 9. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing. I 0. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments. 11. All activities must be orderly and lawful, and must comply with all federal, state and local laws. 12. Use oflighted athletic fields must end by 10:00 p.m. 13. Overnight use (sleepovers) of school facilities is permitted only with the explicit permission of the Principal and written approval from the Fire Marshall. 14. Food and beverages are allowed inside of cafetorium only. Request for authorization must be made in the application and approved in the use agreement. The organization is responsible for cleanup for all areas used. 15. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property. 16. The use of tobacco products is prohibited in school facilities and on school property. 17. School facilities that are available for use by outside organizations are: PE buildings, media centers, parking lots, gymnasiums, cafeterias/cafetorium, kitchens (System cafeteria staff must be utilized), playing fields, athletic fields. Request to use auditoriums, theaters, concession facilities, media centers, conference rooms, and common areas will be considered on a case-by-case basis by the Rental Office, in consultation with the school Principal. Use of System personnel may be required at the Principal's option. Classrooms, laboratories and stadiums are available under special arrangement only, approved on a case-by-case basis. 18. Outside organizations may use tables and chairs if requested in advance. A set-up fee \viii be charged. Requests to use public address systems or audio visual equipment wilt be considered on a case by case basis by the Rental Office in consultation with the school principal. A fee will be charged and System personnel must be used. The following types of equipment may not be used by outside organizations: musical instruments, athletic equipment, computers, technical or laboratory equipment. 19. Requests to use teaching museums, staff development centers or other System facilities \viii be considered on a case-by-case basis by the Rental Oft1ce, in consultation with the building supervisor. 20. Outside groups may not make any modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the electrical, heating, cooling, ventilation or plumbing systems, or to the structure or grounds of the facility. 21. Outside organizations may not sublease school facilities to other organizations or individuals, or transfer or assign their use agreement to anyone. 22. Individuals are not eligible to apply for use of school facilities. 23. School facilities shall not be used for anything other than use(s) approved in the Use Agreement. 24. The use of said areas shall not in any way interfere \vith school activities. Facilities will be left in as good conditio.n as found. 25. \Vhen schools are closed because of inclement weather, all facilities use is canceled. The undersigned further agrees to pay all applicable fees at least three working days prior to use. Revised 12/16/11 Engage • Improve • Excel FACILITIES SERVICES 5270 Northfield Boulevard, College Park, Georgia 30349-3179 • 404-765-7157 • 'MVW.fultonschools.org FULTON COUNTY PUBLIC SCHOOLS USE AGREEMENT/APPLICATION FOR USE OF SCHOOL FACILITIES Application must be filed in the Rental Office not less than 10 working days before intended use. All information must be furnished before the application can be processed. Fees must be paid three working days prior to scheduled event Make check or money order payable to Fulton County Board of Education. Phone number-(404) 765-7157; fax number-(404) 305-2235 1. NameofOrganization _______________________________________ _ 2. Responsible Representative _______ ~---~-c--,-~-~----c----------=~-------- Print name of authorized agent/representative Title Address~------------~~---------------~-------------------------Phone(W) ___________ (H) _____________ Fax ___________ _ Email Address-------------------------------------- 3. School Requested (name) ____________________ Type of Activity/Purpose--------------------------- 4. Date (s) and Time Requested------------------------___ a.m. ___ p.m. UNTIL __ a.m. ___ p.m. Areas to be Leased-------------~ _____________ . ------------~ ------------------ 5. Number of persons expected to attend----------------------------------------------------- 6. Organization's Policy Number_--;=o;-;;=-----;~~Policy Limit (minimum $1 million General Liability coverage)$. ________ _ Auto Liability Coverage (minimum $500,000 coverage)$ . \Yorker's Compensation, if applicable$ ___________ _ 7. Do you want to charge an admission fee? If yes, in what amount? Adult$ ~ ____ C.hild $, _______ Other$, _____________ _ NOTE: Prior approval of Rental Ofilce is required in order to charge admission. 8. \Viii this activity be a fundraiser? ___ If yes, must be section 501 C (3) tax exempt organization and must attach copy of IRS determination letter to application. 9. Do you want to serve refreshments? _____ NOTE: Prior approval of the Rental Ofilce is required in order to serve refreshments. Food and beverages are not allowed in school buildings except in the cafeteria. A clean-up fee/deposit may be charged if food and/or beverages are served. 10. The Organization's Representative(s) has/have read and agrees to the facility use terms and conditions on the back of this agreement. Initial __ _ II. Specifically for"AFTER SCHOOL ENRICHMENT PROGRAMS"-Custodial fees are waived between the hours of2:30 p.m. and 6 p.m. FEE SCHEDULE OTHER NOT-FOR-PROFIT YOUTH Mark Minimum Hourly Rate Minimum Hourly Rate LEASED AREAS Leased Fee above Fee above Area (2hours) Minimum (2 hours) Minimum with X Gymnasium, Elementary School $32.00 $16.00 $16.00 $8.00 Gymnasium, Middle School $46.00 $23.00 $24.00 $12.00 Gymnasium, High School Auxiliary $32.00 $16.00 $16.00 $8.00 Gymnasium, Hioh School Main $62.00 $31.00 $32.00 $16.00 PE Multi-Purpose Room $32.00 $16.00 $16.00 $8.00 Cafeteria, Elementary $32.00 $16.00 $16.00 $8.00 Cafeteria, Middle School $46.00 $23.00 $24.00 $12.00 Cafeteria, Hioh School $46.00 $23.00 $24.00 $12.00 Kitchen staff fee also required) $46.00 $23.00 $24.00 $12.00 Theater/ Auditorium $62.00 $31.00 $32.00 $16.00 f..·fedia Center, Elementary School $32.00 $16.00 $16.00 $8.00 Media Center, MS or HS $46.00 $23.00 $24.00 $12.00 Classroom $16.00 $8.00 $8.00 $4.00 Concession Stands $16.00 $8.00 $8.00 $4.00 Non-Stadium Field, no Jioht use $24.00 $12.00 $12.00 $6.00 Non-Stadium Field Liohtinu adder $16.00 $8.00 $8.00 $4.00 Stadium Field, no light use $32.00 $16.00 $16.00 $8.00 Stadium Lightino adder $52.00 $26.00 $26.00 $13.00 Track, Asphalt MS, ES $16.00 $8.00 $8.00 $4.00 Track, Hioh School $32.00 $16.00 $16.00 $8.00 Tennis Court (per Court) $8.00 $4.00 $4.00 $2.00 Parking Lot $16.00 $8.00 $8.00 $4.00 Teaching Museum $62.00 $31.00 $32.00 $16.00 STAFFING FEE (TO BE DETER~ liNED BY PRINCIPAL) -when additional stafling is necessary and/or required including setup and cleanup. To be Completed by School: Custodial Time required? Yes ___ No___ Custodial Time= $35 per hour (includes fringe benefits). Total Custodial Costs~ Hours worked __ x $35/Hr ~ $ _____ . (Teacher/Coach)~ $28 per hour (includes fringe benefits). Technician (for Theatre)= $28 per hour (includes fringe benefits). Security Personnel= $40 per hour (includes fringe benefits). ADDITIONAL CHARGES may be applicable (to be determined by the Rental Oftice in consultation with Principal on a case-by-case basis) such as deposit, extraordinary utility use, and maintenance charge. School Bathroom Products utilized (paper towels, toilet tissue, soap, etc). Total Bathroom Products Fee$. __________ _ CHARGE FOR USE: Facility Fees$ + Stafling Fees$ +Additional Charges$ ~ TOTAL CHARGES$ .,-""""~=---;c- The undersigned agrees to abide by current FCBE Policy/ Administrative Procedure KG (Use of School Facilities) and the requirements for users of school facilities listed above and on the reverse side of this application form. 1l1e undersigned shall be financially responsible for any and all claim of loss, injury or damage to person or property resulting from the organization's use of School property and shall indemnify the School Board and its employees and agents against any liability resulting from the organization's use of School Board property. The undersigned further agrees to pay all applicable fees at least three working days prior to use. The undersigned hereby covenants and agrees to hold harmless as a result of any damage or injury to the school facilities and to indemnify FCBE against any liability whatsoever resulting from the use of the premises by the undersigned, whether servants or agents or independent contractors guest or otherwise. The undersigned does not intend to and does not hereby create any right of remedy in any third person. Organization Representative's Signature Reason for Denial: (If Applicable) *Time Conflict *Unsatisfactory previous experience w/group __ _ Date *No employee available for security, custodial, etc. ___ _ *Purpose use incompatible with facility ______ _ Principal's Signature Date FULTON COUNTY BOARD OF EDUCATION Rental Office/Land Management Coordinator Date Make check payable to Fulton County Board of Education in the amount of $__per (check one) __ Day; __ Week; ___ Month; ___ Year -; BoardDocs® Policy: KG Use of School Facilities Book District Policy Exhibit "D" ~lton . County Schools Where Students Come First Section K -General Public Relations Title Use of School Facilities Number KG Status Active Page 1 of 1 Legal O .C.G.A., 20-2-520 , Op. Att'y Gen . 1945-47, p. 206; 1963-1965, p. 401; 1960-61, p . 172, 1958-59, p . 98 Adopted July 1, 1986 Last Revised November 21, 2008 Last Reviewed May 21, 2009 The primary purpose of our school facilities is to provide a suitable setting in which to educate the students of Fulton County. Therefore, a school's curricular and extracurricular needs and other school-sponsored activities, as determined by the principal, shall have first priority for the use of school facilities. School-related support groups, such as PTAs, booster clubs, employee organizations, etc ., shall have second priority. At the same time, the Board of Education recognizes that school facilities represent a significant investment on the part of the District's residents. Therefore, the Board encourages community use of school facilities when such use will not interfere with the School System's educational mission. The following outside organizations shall be eligible to app ly for use of school facilities: (1) business partners of the System's schools; (2) non-profit organizations that are based in the District and whose members are mostly District residents; (3) governmental agencies located in the District or serving District residents; (4) businesses located in the District, but only for non-commercial, community oriented purposes ; and (5) organizations that are currently approved by the Georgia State Board of Education to serve as Supplemental Educational Services providers to System students and are currently under contract with the System to provide Supplemental Educational Services to eligible System students, but only for the purpose of providing Supplemental Educational Services to eligible System students. Individuals are not eligible to apply for use of school facilities. The facilities department shall process applications and administer requests for use of school facilities by outside organizations. Any use of school facilities by outside organizations must be consistent with the Board's policies and administrative procedures, must not involve unlawful conduct, and must be acceptable to the principal. To comply with Georgia law, the Superintendent or designee shall establish a fee sche dule that enables the System to recoup the costs involve d in the use of school facilities by outside organizations. Use of school facilities shall not be denied on the basis of an organization's religious, political or philosophical views or expressive activity. Organizations granted permission to use school facilities shall not unlawfully restrict participation in the activity or event because of an individual's race, religion, sex, creed, national origin or disability. Cross References : KG -Use Of School Facilities Procedure http:/ /www.boarddocs.com/ga/fcss/Board.nsf/goto ?open&id=9D6C 19C35307925C8525705... 9/5/2012 BoardDocs® Policy: KG Use of School Facilities Book District Procedure ()7:: _7r[I:l,1~on t. County Schools Where Students Come first Section K -General Public Relations Title Use of School Facilities Number KG Status Active Page 1 of6 Legal O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-65, p. 401; 1960-61, p. 172; 1958-59, p. 98 Adopted July 1, 1986 Last Revised May 21, 2009 Last Reviewed May 21, 2009 As used in this administrative procedure. "School facilities" means buildings, grounds, athletic facilities, fields and parking lots at a System school or other System site. A. Allowable Uses of School Facilities 1. School-Sponsored Activities "School-sponsored activities" means a school's curricular and extracurricular programs and any other activity undertaken by and in the name of the school. The primary purpose of our school facilities is to provide a suitable setting in which to educate Fulton County students. Therefore, school-sponsored activities shall always take priority over any other use of school facilities. Other groups may be denied use of school facilities or have their permission for use revoked when the principal concludes that the group's use would interfere with school- sponsored activities. The school principal is responsible for approving and scheduling school-sponsored activities. 2. School-Related Support Groups and Employee Organizations "School-related support groups" means organizations devoted exclusively to the support of the school and school -sponsored activities, such as PTAs, booster clubs, etc. "Employee organizations" means recognized professional or employee organizations whose membership is limited to Fulton County School System personnel. School-related support groups and employee organizations make significant contributions to our students and our schools. Therefore, they have second priority for the use of school facilities. All meetings or other activities of school-related support groups or employee organizations must be approved in advance by the school principaL School-related support groups and employee organizations are not required to apply to the facilities department or pay a fee for meetings and non-fundraising activities that have the principal's advance approval. 3. System-sponsored Activities In order to be accessible to all areas of the community, schools are occasionally requested to host school system events. Schools will be reimbursed for expenses associated with such events. 4. Outside Organizations "Outside organizations" means those organizations other than the System's schools, school-related support http://www.boarddocs.com/ga/fcss/Board.nsf/goto?open&id=9D6C19C35307925C8525705... 9/5/2012 BoardDocs® Policy: KG Use of School Facilities Page 2 of6 groups and employee organizations that are eligible under Board policy to request use of school facilities. These organizations are: (1) business partners ofthe System's schools as defined in Item 5t (2) non-profit organizations that are based in the System and whose members are mostly System residents; (e.g. recreational sports organizations including developmental teams) (3) governmental agencies located in the System or serving residents; (4) businesses located in the System, but only for non-commercial, community oriented purposes; and (5) organizations that are currently approved by the Georgia State Board of Education to serve as Supplemental Educational Services providers to System students and are currently under contract with the System to provide Supplemental Educational Services to eligible System students, but only for the purpose of providing Supplemental Educational Services to eligible System students. Outside organizations are welcome to use school facilities when such use is consistent with the Board's policies and administrative procedures and does not interfere with the activities of our schools or school-related support groups, as determined by the principal. Outside youth organizations or groups whose members are mostly students who reside in the System shall have first priority (over other outside organizations) for use of school facilities. Outside organizations should apply through the facilities services department. Business partners should obtain approval of the school principal prior to submitting an application to the facilities services department. Outside organizations seeking a one-time use of school facilities may not reserve a school facility more than three months in advance. 5. Business Partners "Business partners" means businesses, agencies, colleges, hospitals, non-profit, scout troops, civic, social and other organizations that enter into a support relationship with one or more Fulton County schools that is beneficial to the System. The School System values its relationship with its business partners and encourages other organizations to show their support of public education by becoming business partners of our schools. Business partnerships must be formalized through a partnership agreement that must be on file with the communications department and must be consistent with established partnership guidelines. A school and its business partner(s) may cooperate in sponsoring activities that benefit the school and its students. Although these activities are school-sponsored they still require approval from the facilities services department when they involve use of school facilities. When a business partner requests use of school facilities, the business partner must submit an application to the facilities services department for approval in the manner described below. The application must include the signature of the school principal. Depending on the intended use, the business partner may be allowed to use the facility at a reduced fee, to be determined by the facilities services department. 6. Governmental Agencies Governmental agencies wishing to establish an inter-governmental agreement involving shared resources which will be of benefit to Fulton County residents should submit their proposal to the Superintendent. Proposals approved by the Superintendent will be recommended to the Board with a summary of the proposed terms. Examples of programs that would benefit residents include sports activities, summer camp, senior citizen activities and educational programs. In reviewing proposals, priority will be given to programs for youth. Governmental agencies wishing to use school facilities for other purposes should apply through the facilities services department. If the Governmental Agency provides goods, services, facilities, and equipment that are beneficial to Fulton County Schools, the governmental agency may be exempt from payment of some or all of the customary fees. B. Applying for Use of School Facilities With the exception of Governmental agencies wishing to establish inter-governmental agreements involving shared resources, outside organizations wishing to use school facilities must apply to the facilities services department at least ten (10) business days prior to the requested use date. Application forms may be obtained at the school or the facilities services department website. The application must be signed by the representative of the organization who will be responsible for the activity or event. Applications from business partners must include the signature of the school principal. In all other cases, the facilities service department shall consult with the principal or building supervisor about the requested use before approving or denying an application. Requests to use teaching museums, professional learning centers or other System facilities will be considered on a case by case basis by the facilities services department, in consultation with the building supervisor. http://www. boarddocs.com/ga/fcss/Board.nsf/goto ?open&id=9D6C 19C35307925C8525705... 9/5/2012 BoardDocs® Policy: KG Use of School Facilities Page 3 of6 The following factors will be considered in reviewing an application: 1. the type of activity or event; 2. its potential impact on the facility; 3. the duration and frequency of the activity or event; 4. the availability of adequate System personnel to oversee the facility during the activity or event; 5. the number of participants expected; 6. safety and security concerns; 7. previous experience with the organization; 8. potential interference with other activities at the facility; 9. the need for a rest period for the facility or grounds; and 10. other needs or interests of the school or the System. If an outside organization wants to charge an admission fee, they must state the amount of the fee in the application and obtain prior approval, which will be reflected in the use agreement. C. Use Agreement 1. If the outside organization's application is approved, an authorized representative of the organization must sign a use agreement before any preparations or activities may take place at the school facility. 2. The use agreement must state that at least one authorized representative of the organization will be present during the activity or event. 3. The organization must agree to indemnify the System for any claim of loss, injury or damage resulting from the organization's use of the school facility. 4. Except for use agreements involving substantial improvements to school property (see item L), the maximum term of a use agreement is one year. D. Renewal of Use Agreement Renewal requests must be submitted to the facilities department at least ten (10) business days prior to the expiration of the use agreement. Renewal is not automatic. The same factors that apply to an initial application will be considered in connection with a request for renewal. In addition, any violations of a previous use agreement or other problems with the organization will be taken into consideration. E. Cancellation of Use Agreement The System reserves the right to deny an outside organization's application or cancel the organization's use agreement when it deems such action to be in the best interest of the System or a school. The outside organization is responsible for providing timely notification to its members or other participants of a cancellation. When schools are closed because of hazardous weather or other emergencies, all use of school facilities is canceled. F. Fees for Outside Organizations 1. To comply with Georgia law, outside organizations must pay all costs resulting from their use of school facilities, including utilities, security, supervision, clean-up, maintenance, depreciation, overtime and any other costs to the System. Anticipated excessive demands on utilities must be disclosed on the application so that an appropriate fee can be charged. The fee schedule can be obtained from the facilities department. Fees may be http://www. boarddocs.com/ga/fcss/Board.nsf/ goto?open&id=9D6C 19C35307925C8525705... 9/5/2012 BoardDocs® Policy: KG Use of School Facilities Page 4 of6 changed from time to time to reflect current costs. 2. If fees are not paid in full at least three (3) business days in advance of the activity or event, permission to use the school facility may be withdrawn or a ten (10) percent penalty fee may be added. 3. Payment should be made to the [facilities department]. At the discretion ofthe facilities department, payment may be requested in the form of a cashier's check or money order. 4. A clean-up fee will be assessed if the organization does not leave the facility and grounds clean. 5. The facilities department, in consultation with the principal may require the organization to pay for or to provide police protection or security personnel. 6. Fees paid for the use of school facilities must be posted to a System account, not an individual school account. Schools will be reimbursed for any costs paid from the local school budget and 25% of the remaining fee collected. 7. If an activity is canceled at least two business days in advance of the activity or event, any prepaid user fee will be refunded, less any costs the System has incurred. G. Insurance In order to protect the School System, outside organizations are required to obtain liability insurance covering the event or activity. H. Deposits 1. At the discretion of the facilities department, outside organizations may be required to pay a deposit for activities involving large groups or activities that may result in damage to school property. Failure to pay a required deposit may result in the cancellation of the use agreement. 2. If school facilities are used on an ongoing basis (monthly, weekly, etc.), a deposit of not less than one month's fee may be required in advance along with the fee for the first month. The deposit will be held by the facilities department and will be returned at the end of the approved use period, less any deductions for damage, unpaid fees or other costs resulting from the use. I. Fundraising by Outside Organizations 1. The only outside organizations that may conduct fund-raising activities at school facilities are non-profit organizations recognized as tax-exempt under section 50l(c)(3). 2. Tax-exempt organizations must provide a copy of their IRS determination letter and establish their legitimacy to the satisfaction of the facilities-department before any fundraiser will be allowed. 3. Outside organizations may not use school facilities for any fund-raiser that includes gambling or games of chance. J. Concessions Arrangements for the sale of concessions by outside organizations must be made through the local school principal. K. Political Meetings "Town hall meetings" and political forums held on school property must comply with Board policy and administrative procedure KIA · "Political Campaign Activities" in addition to this procedure. L. Use of Athletic Fields or Facilities Prior to approval of a use agreement allowing repeated use of an athletic field or facility by an outside http://www.boarddocs.com/ga/fcss/Board.nsf/goto?open&id=9D6C19C35307925C8525705... 9/5/2012 BoardDocs® Policy: KG Use of School Facilities Page 5 of6 organization, the Area Superintendent must sign the agreement indicating that all principals in the school's feeder pattern approve the request. Athletic fields may be subject to a use agreement of up to five years when the requesting organization expends substantial resources to improve the field. Examples include installing lights, irrigation systems or scoreboards. The arrangement will be reviewed periodically and discontinued if the school's athletic facilities are being harmed. At least 60 days in advance of the spring, fall and summer athletic programs, athletic directors from each high school and the school system will determine the needs for athletic fields and facilities. Contracts with outside organizations will be reviewed in light of these needs. M. Additional Rules Governing Use of School Facilities by Outside Organizations Outside organizations shall follow these additional rules governing use of school facilities. 1. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual's race, religion, creed, sex, national origin or disability. 2. A school custodian and/or other System employee, as designated by the principal, must be present during the activity or event. School employees are not permitted to give their building keys to an outside organization. 3. Signs, banners, pennants, etc. may not be erected on school property unless the permission of the principal or designee is obtained in advance and only if such displays do not deface school property. 4. Adequate supervision, as approved by the facilities department in consultation with the principal, must be present for activities involving children. 5. Parking is permitted only in designated parking areas. 6. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes. 7. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing. 8. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments. 9. All activities must be orderly and lawful and must comply with all federal, state and local laws. 10. Use oflighted athletic fields must end by 10:00 p.m. 11. Overnight use of school facilities is permitted only with the explicit written permission of the principal and if it is allowable under local fire codes. 12. Food and beverages are allowed inside school buildings only if requested in the application and approved in the use agreement. The organization is responsible for clean-up of all areas used. 13. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property. 14. The use of tobacco products is prohibited in school facilities and on school property. 15. School facilities that are available for use by outside organizations are: gymnasiums, cafeterias/cafetoriums, kitchens (provided System cafeteria staff is used with the approved use of kitchen equipment), playing fields and athletic fields. Requests to use auditoriums, theaters, concession facilities, media centers, conference rooms and common areas will be considered on a case by case basis by the facilities department, in consultation with the school principal. The school principal may use his/her discretion to determine whether classrooms may be used by outside organizations during the school day. 16. Outside organizations may use tables and chairs if requested in advance. A set-up fee will be charged. Requests to use public address systems or audio visual equipment will be considered on a case by case basis by the facilities-department, in consultation with the school principal. A fee will be charged and System personnel must be used. The following types of System equipment may not be used by outside organizations: musical http://www.boarddocs.com/ga/fcss/Board.nsf/ go to ?open&id=9D6C 19C35307925C8525705... 9/5/2012 BoardDocs® Policy: KG Use of School Facilities Page 6 of6 instruments, athletic equipment, computers, technical or laboratory equipment. 17. Outside groups may not m a ke any modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the electrical, heating, cooling, ventilation or plumbing systems or to the structure or grounds of the facility. 18. Outside organizations may not sublease school facilities to other organizations or individuals or transfer or assign their use agreement to anyone. 19. Individuals are not eligible to apply for use of school facilities. 20 . School facilities shall not be used for anything other than the use(s) approved in the use agreement. Cross References : KG -Use Of School Facilities Policy Link to Policy http ://www.boarddocs.com/ga/fcss/Board.nsf/goto ?open&id=9D6C 19C35307925C8525705 ... 9/5/20 12 im HOME OF' MILTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf North Atlanta, LLC dba Atlanta National Golf Club, Located at 350 Tournament Players Drive, Milton, Georgia 30004. The Applicant is Robin Spradlin — Consumption on Premises Wine, Malt Beverages and Distilled Spirits. MEETING DATE: Monday, October 21, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED {) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED.- YES ) NO CITY ATTORNEY REVIEW REQUIRED: () YES !� NO APPROVAL BY CITY ATTORNEY () APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: REMARKS �OZr�3 © Your — PHONE: 678.242.25001 FAX: 678.242.2499 r w -Green -,p ; Certified ; info4cityofmiitonga.us I www.cityofrniRonga.us Community i6;; 13000 DeerfFeld Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on September 19, 2013 for the October 21, 2013 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf North Atlanta, LLC dba Atlanta National Golf Club, Located at 350 Tournament Players Dr ive, Milton, GA 30004. ____________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Sequoia Golf North Atlanta, LLC dba Atlanta National Golf Club for consumption on premises of wine, malt beverages, and distilled spirits. This is a change of ownership. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Sequoia Golf North Atlanta, LLC dba Atlanta National Golf Club Contact Name: Robin Spradlin Business Address: 350 Tournament Players Dr., Milton, GA 30004 Type of License: Consumption on Premises – Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathy Field, Director of Community Development Attachment(s): None. A HOME OF' ESTAIiLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: October 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of the issuance of an Alcohol Beverage License to Sequoia Golf North Atlanta, LLC dba White Columns Country Club, Located at 300 Clubhouse Drive, Milton, Georgia 30004. The Applicant is Robin Spradlin - Consumption on Premises Wine, Malt Beverages and Distilled Spirits. MEETING DATE: Monday, October 21, 2013 Regular City Council Meeting. BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES 0 NO CITY ATTORNEY REVIEW REQUIRED: () YES k NO APPROVAL SY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: /0? -1/1 REMARKS ®. Youtm PHONE: 678.242.25001 FAX: 678.242.2499rrc� w�.E „Green '�' Cectefied * ra,5oa info@cityofmiltonga.us i www.cityofmiltonga.us of Community �y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30044 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on September 19, 2013 for the October 21, 2013 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf North Atlanta, LLC dba White Columns Country Club, Located at 300 Clubhouse Dr ive, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Sequoia Golf North Atlanta, LLC dba White Columns Country Club for consumption on premises of wine, malt beverages, and distilled spirits. This is a change of ownership. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Sequoia Golf North Atlanta, LLC dba White Columns Country Club Contact Name: Robin Spradlin Business Address: 300 Clubhouse Dr., Milton, GA 30004 Type of License: Consumption on Premises – Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathy Field, Director of Community Development Attachment(s): None. n HOME OF ' A/t I LION, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: October 10, 2013 AGENDA ITEM: Consideration of U13-021VC13-03 — Deerfield Parkway (West Side), Crescent Communities, LLC. for a Use Permit to Allow the Construction of 256 Multi -family Residential Units and Related Accessory Uses (Sec. 64-1839) and a 2 -part Concurrent Variance to 1) Provide 100% of the Site for Apartments (Chapter 64, Division 5.A, 4.6.6.a.ii) and 2) to Delete the Requirement to Provide a Minimum of 300 Cubic Feet of Separate Contiguous Storage Space Shall be Provided to Each Dwelling Unit. MEETING DATE: Monday; October 21, 2013 Regular City Council Meeting, BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES kNO CITY ATTORNEY REVIEW REQUIRED: O YES M NO APPROVAL BY CITY ATTORNEY ()APPROVED O NOT APPROVED PLACED ON AGENDA FOR: laz��3 REMARKS q4 Youin � ------------ _ -. PHONE: 678.242.2500 J FAX: 678.242.2499 -,Gf en 45F Ceife d kCammunit infoCcityofmilfonga.us i www.cityofmiltonga.us :_y&h, rop ioa - 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ORDINANCE NO._______ PETITION NO. U13-02/VC13-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1839) FOR A 256 UNIT DEVELOPMENT AT AN OVERALL DENSITY OF 12 UNITS PER ACRE LOCATED ON THE WEST SIDE OF DEERFIELD PARKWAY HAVING A FRONTAGE OF 1,599 FEET (22-5280-1047-026-2) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on October 21, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located on the west side of Deerfield Parkway with a frontage of 1,599 feet, consisting of a total of approximately 21.368 acres as described in the attached legal description, a Use Permit for Apartments with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1114, 1047, 1113 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit for Apartments listed in the attached conditions of approval, be approved under the provisions of Chapter 64, Article IX, Division 5, Section 64-1839 of the Zoning Ordinance of the City of Milton with the approved concurrent variances; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 21st day of October, 2013. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for Apartments CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) No more than 256 total dwelling units at a maximum density of 12 units per acre based on the total acreage zoned, whichever is less. b) Unit size shall be 128 one bedrooms and 128 two bedrooms. c) The entire development shall be developed with apartments. (VC13-03 – Part 1) 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on October 2, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To provide two bus shelters at MARTA bus stops without signage as approved by the City of Milton Design Review Board. b) To construct the buildings as depicted in the elevations and renderings dated September 17, 2013. c) To delete the requirement to provide a minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit. (VC13-03 – Part 2) d) Internal multi-use trails shall be a minimum of 10 feet wide or as approved by the Public Works Department. i. Internal multi-use trails shall be constructed of pervious materials as approved by the Community Development Department. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 12 feet of right-of-way from the back of curb of all abutting road improvements or 1 foot from the back of sidewalk, whichever is greater, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. ii. Installation/modification of the following transportation infrastructure to be installed in accordance with Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. SB Right Turn Lanes on Deerfield Pkwy at all site driveways a. Any existing sidewalk or utilities in conflict with new turn lane location shall be relocated. b) Any new required entrances shall meet the City of Milton Code of Ordinances and AASHTO guidelines as approved by Milton Public Works and shall conform to the following: i. The Deerfield Pkwy driveways shall provide a minimum of 100 feet or the 95% queue length, whichever is greater, of uninterrupted access. This distance shall be measured from the edge of the thru lane on Deerfield Pkwy to the edge of any interior drive aisle or parking space. ii. Provide two full access drives and one right-in, right-out access on Deerfield Parkway. c) At the time of development of the property to the south (N/F Devender & Muralidhar Reddy), a 50-foot access easement is required along the southern driveway from Deerfield Pkwy right of way to the location on the south property line where inter-parcel access will be provided to the property to the south. i. Location of access to shared drive shall be at a minimum distance of the 95th percentile queue for the combined condition with future development or one hundred feet, whichever is greater. d) Provide a 50-foot access easement free of any structures or utilities for vehicular and pedestrian inter-parcel access on the northwest property line (N/F First Town, L.P.) as coordinated with property owner to the north and as approved by Milton Public Works. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall comply with the City of Milton stormwater requirements and shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or as may be approved by the Director of Community Development. REVISED SITE PLAN SUBMITTED ON OCTOBER 2, 2013 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 1 of 29 PETITION NUMBERS U13-02/VC13-03 Crescent Deerfield ADDRESS Deerfield Parkway West Side for approximately 1,599 feet DISTRICT, LAND LOT 2/2, 1113, 1114, 1047 OVERLAY DISTRICT Deerfield/SR 9 EXISTING ZONING Transect Zone – T6 PROPOSED USE PERMIT Apartments (Sec 64-1839) ACRES 21.368 EXISTING USE Undeveloped PROPOSED USE 256 unit multi-family development OWNER/PETITIONER Crescent Communities, LLC – Jay Curren ADDRESS 3340 Peachtree Road NE Suite 1460 Atlanta, GA 30305 REPRESENTATIVE Nathan V. Hendricks III ADDRESS 6085 Lake Forrest Drive, Suite 200 Atlanta, GA 30328 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U13-02 – DENIAL VC13-03, PARTS 1 AND 2 – DENIAL To request a Use Permit to develop a total of 256 residential units at an overall density of 12 units per acre. The applicant is also requesting the following two part concurrent variance, 1) To provide 100% of the site for apartments (Chapter 64, Division 5.A. 4.6.6.a .i) and 2) To delete the requirement to provide a minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit (Sec 64-1839(8.). Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 2 of 29 PLANNING COMMISSION RECOMMENDATION – SEPTEMBER 25, 2013 U13-02 – DENIAL – 6-0 VC13-03, PARTS 1 AND 2 – DENIAL – 6-0 The Planning Commission made the following comments regarding their final vote to recommend denial of the Use Permit and two-part concurrent variance: 1) The proposed development doesn’t meet the requirement of the Form Based Code for mixed use and goes against all the work that the community has contributed to the Form Based Code. 2) Even though there is a high demand for apartments, the City’s vision is truly mixed use. Just because apartments are economically viable, we don’t want to give up the vision of the City. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 3 of 29 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 4 of 29 Hwy 9/GA 400 Master Plan, Livable Centers Initiative (LCI) Study. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 5 of 29 Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 6 of 29 SITE PLAN SUBMITTED– AUGUST 6, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 7 of 29 REVISED SITE PLAN SUBMITTED– SEPTEMBER 18, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 8 of 29 REVISED SITE PLAN SUBMITTED– OCTOBER 2, 2013 (REVISED PARKING CALCULATIONS) Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 9 of 29 Subject Site Looking north on Deerfield Pkwy Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 10 of 29 Subject Site Looking From Deerfield Parkway Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 11 of 29 SUBJECT SITE: A 21.368 acre site currently zoned T6 as depicted on the Regulating Plan for the Deerfield/Hwy 9 Overlay District Form Based Code which was approved by the Mayor and City Council on April 22, 2013. Staff notes that the Deerfield/Hwy 9 Form Based Code requires the following when an applicant requests to develop apartments: 4.6.6 – Specific to zones T4-Open, T5, T6 a. Apartments shall only be permitted subject to a use permit as follows: i. In buildings where the entire first Story is used for non- Residential Functions or residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving the Residential Function, or ii. On sites where more than 50% of the total floor area is dedicated to Office, Retail, or Lodging Functions. The site is currently undeveloped, wooded and contains an unnamed creek which flows along the northeastern property line, eventually draining into Lake Deerfield. There are two small areas of wetlands: one on the southwest property line and the other on the east property line both of which are not being disturbed. The site plan provides the appropriate state and city buffers. The property is part of the planned development of Deerfield, and is subject to the covenants of the development. The property is within the Regional Activity Center, Hwy 9/GA 400 Master Plan, Livable Centers Initiative (LCI) Study, approved on April 23, 2012. The applicant is requesting a Use Permit to develop 256 multi-family units consisting of 128 one bedroom units and 128 two bedroom units. In addition, the applicant has incorporated into the design the ability to locate and operate a community farmer’s market on the property. Previous Action on the Subject Site The applicant, Crescent Resources LLC (the current petition, U13-02/VC13-03 is filed under Crescent Communities LLC), previously requested to rezone from C-1 (Community Business) and O-I (Office-Institutional) to A (Medium Density Apartments). This request was denied by the Mayor and City Council on September 6, 2012. The applicant exercised their right to appeal the decision of the Mayor and City Council to the Fulton County Superior Court. On May 20, 2013, the Fulton County Superior Court ordered that the plaintiff’s application be remanded to the City of Milton to process a new application for a Use Permit for Apartments and other variances or warrants under the new Deerfield/Hwy 9 Form Based Code within 60 days of the said order. This is the reason that the applicant’s request has been filed for the same request on the subject site. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 12 of 29 SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on October 2, 2013, Staff offers the following considerations: Deerfield/Hwy 9 Form Based Code Standards (Chapter 64, Division 5.A) Based on detailed review of the revised site plan and architectural elevations by City Staff, including the City Architect, the proposed 256 unit apartment development as shown on the site plan submitted to the Community Development Department on October 2, 2013 meets all the standards except for the item discussed below in VC13-03 – Part 1. It is Staff’s opinion that the site and architectural plans have accomplished the overall goal of “form based” development by meeting the multiple standards of the Code. Staff has included the architectural elevations at the end of the report. In addition, a condition has been included referencing the elevations if the Mayor and Council choose to approve the Use Permit. Staff will discuss parking and pedestrian inter-connectivity in more detail below. VC13-03 – Part 1 – To provide 100% of the site for Apartments The applicant is requesting a concurrent variance to Chapter 64, Division 5.A.4.6.6.a.i that requires the following: a. Apartments shall only be permitted subject to a use permit as follows: i. In buildings where the entire first Story is used for non-Residential Functions or residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving the Residential Function, or ii. On sites where more than 50% of the total floor area is dedicated to Office, Retail, or Lodging Functions. The applicant proposes the entire development be developed as Apartments. It is Staff’s opinion that the appl icant has not demonstrated that: 1) Relief if granted, would not offend the spirit or intent of this zoning ordinance. It is the intent for this area of Deerfield to be developed with higher densities so that a mix of uses can be provided for the use of current and future residents and employees. Within the Deerfield/Hwy 9 Form Based Code, the Intent states: “That the Deerfield Hwy 9 area is the focal point for high-quality, mixed- use development in the City of Milton as established in the Hwy 9/Georgia Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 13 of 29 400 Master Plan Livable Centers Initiative and the City of Milton 2030 Comprehensive Plan” and additionally, “That within the Deerfield/Highway 9 area, ordinary activities of daily life should be able to occur within walking or bicycling distance of most dwellings.” 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The applicant states in the letter of intent that to meet the requirement stated above, that: “In order to provide such accessory nonresidential uses, such building space would be required to be developed at an economic loss, which would have the effect of having the development costs exceed the income that could be generated from any proposed development of the Property…..Finally, a hardship arises in providing for 50% of the total floor area as retail, office or lodging functions because there does not exist a market for such functions at this location.” It is Staff’s opinion that economic hardships do not meet the standard of the variance consideration outlined above. 3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. By not implementing the requirement of mixed use for the site, it negates the Plan’s intent to ensure that ordinary activities of daily life should be able to occur within walking or bicycling distance of most dwellings and provide an overall cohesive development for live and work for the community. Thus, the requirement for the mixed use component when developing Apartments is required. Therefore, Staff recommends DENIAL of VC13-03 – Part 1. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 14 of 29 Apartment Development Standards for Use Permit (Section 64-1839) Required Standard Meets the Standard (1) Required off-street parking spaces shall be no greater than 400 feet away, as measured along a pedestrian walkway, from the door of the unit they serve. Yes 2) Apartment developments shall incorporate outdoor amenity spaces for the use of occupants, provided on the lot and available as passive or active recreational space by occupants, subject to the following: a. Outdoor amenity space shall be provided in the ratio of 75 square feet per dwelling unit. b. Outdoor amenity space may be met in one c ontiguous open area or in multiple open areas on the lot. To receive credit the area must be at least ten feet in both length and depth. c. Outdoor amenity space may be located at or above grade. d. Outdoor amenity space may be roofed but cannot be enclosed. e. Outdoor amenity space cannot be parked or driven upon, except for emergency access. f. In calculating the minimum outdoor amenity space requirement, the following can be included: swimming pools, paved surfaces and structures when they are a part of approved features such as gazebos, fountains, and plazas (but excluding any parking areas serving such approved features), ground-level active and passive recreational facilities, roof decks, and roof top gardens. g. In calculating the minimum outdoor amenity space requirement, civic spaces counting towards the minimum requirements of the applicable zoning district may not be included. 104 sq.ft/unit Yes Yes Yes Yes Yes Yes Yes 3) All outdoor amenity spaces and other landscaped areas shall be maintained by a professional landscaper. Yes 4) A minimum of 50 percent of dwelling units above the first -floor shall have balconies with a minimum floor dimension of six feet by ten feet. Yes 5) Adequate provision for the disposal of refuse shall be made within each apartment building, or such refuse shall be conveyed to a central point or points to facilitate collection. Disposal arrangements shall be the responsibility of the apartment building owner. Yes 6) Each dwelling unit shall have central heating and cooling facilities. Yes 7) Adequate laundry facilities consisting of automatic washing and clothes-drying machines in a common laundry room shall be provided, or a washer and dryer hook-up shall be installed in each dwelling unit. Yes 8) A minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit. No- See VC13- 03, Part 2 – see below Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 15 of 29 VC13-03 – Part 2 - To delete the requirement to provide a minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit The applicant is requesting to delete the above required storage space for each dwelling unit. I t is Staff’s opinion that the applicant has not demonstrated that: 1) Relief if granted, would not offend the spirit or intent of this zoning ordinance. The Use Permit development standards for Apartments require a minimum of 300 cubic feet of separate storage space. The request does in fact offend the intent of the requirement by requesting that all of the storage space be deleted for each unit. 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. It is Staff’s opinion that the number of units can be decreased to accommodate the additional square footage required by the requirement of providing 300 cubic feet of separate storage. 3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. It is Staff’s opinion that this development standard facilitates an adequate storage area so that the storage of belongings will not occur on porches or balconies which would cause a negative impact on nearby occupants and properties. Thus, the development standard for providing storage space is required. Therefore, Staff recommends DENIAL of VC13-03 – Part 2. Pedestrian Circulation The proposed site plan indicates a comprehensive internal pedestrian network throughout the development via required sidewalks adjacent to the proposed roads and within the natural area to the north. Staff recommends that the paths within the natural area be constructed of pervious materials and be a minimum of 10 feet wide. In addition, there are sidewalks that provide connections with the pedestrian sidewalk on Deerfield Parkway where there are two existing MARTA bus stops available to residents and visitors. Staff will require that the applicant provide bus stop shelters without any signage to be installed at the designated MARTA bus stops along Deerfield Parkway. The pedestrian network Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 16 of 29 and bus stop shelters will assist in meeting the vision of improved pedestrian inter- connectivity stated in the Hwy 9/Georgia 400 Master Plan Livable Centers Initiative. These additional requirements will be reflected in the Recommended Conditions. City Arborist Comments: The site appears to have been selectively timbered within the past 15 years or so. There are some nice mature hardwoods on the site but few of specimen size. There is a nice diversity of trees on site and with strong natural re-vegetation occurring on site with a mix of oaks, maples, sweet gums, tulip poplars, hickories, sourwoods and dogwoods. The plan shows preserving some of the mature trees in the northern part of the project. Per the revised site plan, the applicant indicates approximately ten specimen trees are proposed to be removed equating to 128.1 tree density units to be recompensed. Recompense required will be 183 – four inch caliper hardwood/canopy trees. Please see Page 2 of the site plan for details. Specimen trees removed or preserved may vary. Final count will be done during the Land Disturbance Permit process. A springhead is located near the southwestern property line. This 75 foot stream buffer will not be impacted, nor will another stream buffer located at the northeastern property line. Public Works Department – Transportation The results of the traffic study indicate that for both existing and future conditions, the intersection of Morris Rd at Deerfield Pkwy does not operate at an acceptable level of service in the peak hour. A project currently under construction by City of Milton for this intersection will improve the overall operations in the base and design years. This project was identified in the Milton Comprehensive Transportation Plan and the schedule progressed with the opening of the extension of Westside Pkwy. The City of Alpharetta is currently re- constructing the intersection of Windward Pkwy at Deerfield Pkwy as part of the Westside Pkwy extension volumes. The applicant updated the Traffic Study and there have been no significant changes in the results since the original study in 2012. Environmental Site Analysis The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The site does not contain floodplains, steep slopes, historical sites or sensitive plant and animal species. The site does contain a perennial stream and wetlands. The proposed development will not have any impact on the stream and wetlands. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 17 of 29 Fulton County Board of Education Staff has received an updated and more detailed report from the Fulton County Board of Education Planning Department as shown below. Fiscal Impact Model Below is the result of the Fiscal Impact Model specifically for the proposed project. The assumptions included that the first year of permit revenue was approximately $150,000 which included both building permit and land disturbance permit fees for the entire project. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 18 of 29 Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 19 of 29 Public Involvement Community Zoning Information Meeting On August 27, 2013 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. Ten people signed the sign in sheet. Attendees questioned why the development was back when it was denied last year. Staff addressed that concern. In addition, there were concerns about increased traffic, reduction in their home values, public safety, and required inter-connectivity to the Frys development. City of Milton Design Review Board Meeting Courtesy Review – September 9, 2013 The following comments were made at the meeting: 1. Delete interconnectivity requirement to the adjoining lot to the west (Fry’s) for pedestrian safety. 2. Update traffic study for Deerfield and consider adding a bike lane. 3. Preference for a flat roof in lieu of a low pitched roof (current roof pitch proposed 4:12). 4. Architectural character should replicate the Crabapple area vernacular. 5. Milton has established different development nodes, this site plan does a good job of representing the new block structure of T6 transect zone as outlined in the FBC. 6. Integrate some commercial uses on the ground floor – these uses should be placed in the entry block at a minimum. Suggested uses, Starbucks, laundry mat, deli, etc. These commercial/retail uses should be opened to the general public to help support their longevity. 7. Future re-use of the buildings must be considered; ground floor levels must be designed with bay sizes and column grids that would accommodate future conversion to commercial /retail applications. This includes the floor to floor height and exterior appearance, window placement awnings etc. 8. The cubic space storage requirement should be maintained as it offsets the problem of occupants utilizing the balconies for storage. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant submitted the first Plan Report on September 11, 2013 and an update will be required 7 days prior to the Mayor and City Council meeting. The Public Participation Meeting was held on September 9, 2013 at 6:00 p.m. There were four members of the community in attendance. Attached at the end of the report are the comments and responses from the applicant. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 20 of 29 USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The Hwy 9/Georgia 400 Master Plan identifies the subject site and surrounding area as a Regional Activity Center. This area is bounded by GA 400 to the east, Webb Road to the north, and the properties adjacent to Deerfield Parkway and Windward Parkway to the west and south. The intent of the Plan is to facilitate development with higher densities in the Regional Activity Area. This includes higher densities for residential, office, and commercial developed in a vertical mixed use development. The proposed development of 256 units, at 12 units per acre, with no other type of non-residential development is inconsistent with this plan for the area. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The applicant is requesting a 256 unit, multi-family development at a density of 12 units per acre. As indicated below, the adjacent and nearby zonings are inconsistent with the proposed development. Staff notes that there are townhomes to the northeast but at a lower density of 7.39 units per acre which is incompatible with the requested 12 units per acre. The nearest multi-family development is on the north side of Webb Road and west of Deerfield Parkway. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 21 of 29 Existing uses and zoning of nearby property (See table below and following map) Location Parcel / Zoning Petition Zoning / Development Name Approved Density (sq ft per acre)/ Max Square Feet of Bldg/Height North 1 Z74-48 U98-39 (to exceed height) C-1 (Community Business) Portion of Deerfield Professional Offices and Bright Horizons Day Care None Stated U98-39 for 4 stories Northeast 2 Z74-47 U96-72 (to exceed height) O-I (Office-Institutional) Portion of Deerfield Professional Offices None Stated U96-72 for 6 stories East 3 Z03-08 TR (Townhouse Residential) Lake Deerfield 116 units / 7.39 units per acre Southeast 4 Z97-098 O-I (Office-Institutional) Verizon Wireless office buildings 11,500/437,000 South 5 Z97-123/96U-68 (to exceed height) O-I (Office-Institutional) Developed with offices and hotel 13,000/282,000 6 stories South 6 RZ07-19/U07-10 O-I (Office-Institutional) Undeveloped 7,565/23,000 70 feet with 3 stories above grade and one story below grade West 7 Z73-001 C-1 (Community Business) Wal-Mart / Fry’s Electronics None Stated Further West 8 RZ06-49 C-2 (Commercial) Cactus Car Wash 5,406/6,000 Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 22 of 29 EXISTING USES MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 23 of 29 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use is in violation of the Use Permit development standard that requires storage areas and in violation of the Deerfield/Hwy 9 Form Based Code that requires the development to provide a minimum of 50% of other uses other than apartments or the first floor to be non-residential. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: It is Staff’s opinion that the proposed use may cause an increased burden on the streets and transportation facilities, utilities, and schools. However, the increase should be mitigated with the Recommended Conditions that provides for inter-connectivity between uses. 5. The location and number of off-street parking spaces; The following chart illustrates the parking required by Section 64-1410 of the City of Milton Zoning Ordinance for the proposed uses: Bedroom Size/ Use Ratio Number Spaces Required 1 bedroom (128 units) 1.4/unit 180 2 bedroom (128 units) 2.0/unit 256 Amenity/Pool 6 per pool plus 1 per 15 dwelling units beyond 60 served 20 456 required 456 provided The table above indicates a total of 456 parking spaces required and provided in the revised site plan submitted on October 2, 2013. Staff notes that the revised site plan dated September18, 2013, presented at the Planning Commission reflected a total of 404 spaces on the site plan utilizing the allowable administrative reduction in parking spaces. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 24 of 29 6. The amount and location of open space: The proposed development meets the required amount and location of open space as listed in the development standards of the Use Permit for Apartments as well as the requirements of the Deerfield/Hwy 9 Form Based Code. 7. Protective screening: The proposed development meets the required amount and location of protective screening as required by the Deerfield/Hwy 9 Form Based Code. 8. Hours and manner of operation: The proposed development is a use that is utilized twenty-four hours a day. The applicant has stated that they will work with the City regarding the proposed farmer’s market and the specifics of how it would if operate if approved. 9. Outdoor lighting: In the applicant’s letter of intent, the applicant states that the development will be in strict compliance with the outdoor lighting standards contained in the Deerfield/Hwy 9 Form Based Code. 10. Ingress and egress to the property. The proposed development shows two entrances where the existing full accesses are located on Deerfield Parkway: one on the southern end of the property and one in the central area of the property. In addition, there is an additional right-in/right-out access on the northern end of the development. These entrances further the goal of inter-connectivity and discourage dead-end streets. The site plan provides an inter-parcel connection with the northwestern property line adjacent to the Fry’s Electronics parking lot. This type of connection is recommended and illustrated in the Hwy 9/GA 400 Master Plan and the Deerfield/Hwy 9 Form Based Code. The intent is to decrease the size of the “super block” to encourage vehicular inter-connectivity and enhance utilization of excess parking lots. In addition, the site plan indicates inter-parcel access along the southern property line to the undeveloped office property (RZ07-19). Pursuant to RZ07-19, inter-parcel access is required to the subject site. In addition, the latest request for the Zoning Modification pursuant to ZM10-03, Staff also included a condition requiring inter-parcel access for the proposed data center to the adjoining property to the south (RZ07-19). These access Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 25 of 29 requirements will be reflected in the Recommended Conditions if the Mayor and City Council choose to approve this petition. CONCLUSION The proposed 256 multi-family development is inconsistent with the policies and intent of the City of Milton Hwy 9/GA 400 Master Plan and previous City Council action on the subject site. Therefore, Staff recommends DENIAL of U13-02. In addition, Staff recommends DENIAL for VC13-03, Parts 1 and 2. If the Mayor and City Council choose to approve these requests, a set of Recommended Conditions is provided. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 26 of 29 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for Apartments CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) No more than 256 total dwelling units at a maximum density of 12 units per acre based on the total acreage zoned, whichever is less. b) Unit size shall be 128 one bedrooms and 128 two bedrooms. c) The entire development shall be developed with apartments. (VC13-03 – Part 1) 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on October 2, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To provide two bus shelters at MARTA bus stops without signage as approved by the City of Milton Design Review Board. b) To construct the buildings as depicted in the elevations and renderings dated September 17, 2013. c) To delete the requirement to provide a minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit. (VC13-03 – Part 2) Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 27 of 29 d) Internal multi-use trails shall be a minimum of 10 feet wide or as approved by the Public Works Department. i. Internal multi-use trails shall be constructed of pervious materials as approved by the Community Development Department. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 12 feet of right-of-way from the back of curb of all abutting road improvements or 1 foot from the back of sidewalk, whichever is greater, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. ii. Installation/modification of the following transportation infrastructure to be installed in accordance with Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. SB Right Turn Lanes on Deerfield Pkwy at all site driveways a. Any existing sidewalk or utilities in conflict with new turn lane location shall be relocated. b) Any new required entrances shall meet the City of Milton Code of Ordinances and AASHTO guidelines as approved by Milton Public Works and shall conform to the following: i. The Deerfield Pkwy driveways shall provide a minimum of 100 feet or the 95% queue length, whichever is greater, of uninterrupted access. This distance shall be measured from the edge of the thru lane on Deerfield Pkwy to the edge of any interior drive aisle or parking space. ii. Provide two full access drives and one right-in, right-out access on Deerfield Parkway. c) At the time of development of the property to the south (N/F Devender & Muralidhar Reddy), a 50-foot access easement is required along the southern driveway from Deerfield Pkwy right of way to the location on the south property line where inter-parcel access will be provided to the property to the south. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 28 of 29 i. Location of access to shared drive shall be at a minimum distance of the 95th percentile queue for the combined condition with future development or one hundred feet, whichever is greater. d) Provide a 50-foot access easement free of any structures or utilities for vehicular and pedestrian inter-parcel access on the northwest property line (N/F First Town, L.P.) as coordinated with property owner to the north and as approved by Milton Public Works. 5) To the owner’s agreement to abide by the following: a) The stormwater management facilities shall comply with the City of Milton stormwater requirements and shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or as may be approved by the Director of Community Development. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 29 of 29 WILSON BRICK & IRBY, L.L.C. OVERLOOK I, SUITE 700 2849 PACES FERRY ROAD ATLANTA, GEORGIA 30339 WWW.WB1LEGAL.COM �i3-o2� yei3 03 Via Hand Delivery ATTORNEYS AT LAW STEPHEN ROTHMAN SR0THMANff_ W BiLEGAL. COM_ DIRECT DIAL: (770) 803-3731 Mayor and City Council City of Milton c/o Kathleen Fields, Director Community Development Department 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 October 1, 2013 RE: Petition Numbers U13-02NC13-03 Honorable Mayor and Member of Council: TELEPHONE {4041853.5050 FACSIMILE 1404} 853-1812 R"L-cj�'/Vleo ocr 0�, Zo 13 caM�UN r O'�� ��L TQ �V ELS 41E/V7. This firm represents Crescent Resources, LLC, now known as Crescent Communities, LLC, the owner and applicant of the application for the above -referenced Petitions. This submittal is to provide supplemental information and materials to respond to concerns and issues raised in the staff s analysis of the Application. The enclosed materials include the following: • Land Use Planning Study and Analysis prepared in August and September, 2013 regarding the Application prepared by Bill G. Huff, Jr. A1CP, CREA, GPA; and • Marketing and Development Analysis dated September 9, 2013 prepared by John A. Heagy, Ill, Senior Managing Director of Hines; and • Development and Financing Report dated September 25, 2013, prepared by John McRae, Managing Director, of CNL Financial Group; and • A history of the marketing efforts for the property which is the subject of the Application (the "Property") prepared by John S. Bell of Crescent Communities; Correspondence from Lamar Lambert, Engineering Administrator, Water Services Division, Fulton County, Georgia to Jared McKinnon dated May 31, 2013 confirming sewer availability and capacity (treatment and transmission) for the Property; • Verbatim minutes of the Zoning Agenda for the Regular Meeting of the Milton City Council for Monday, June 18, 2012; and WILSON BROCK & IRBY, L.L.C. October 1, 2013 Page 2 ► Report entitled "The Local Government Fiscal Impacts of Land Uses in the City of Milton" prepared by Jeffrey H. Dorfman, Ph.D. dated July 2012; and ■ City of Milton Staff Analysis and Recommendation For Petition Numbers RZ 12- 06NC 12-03 dated 611112012; and • North Fulton Office Study submitted in connection with 2012 rezoning application; and • Certified copy of the City's Zoning Ordinance, Resolution No. 12-04-218 A Resolution Adopting the Highway 91GA 400 Area Master Plan Livable Center Initiative Study (LCI), the 2030 City of Milton Comprehensive Plan dated 06-06-2011 (the "CDP") and the City's Highway 9/GA 400 Area Master Plan (the "LCI Study"); and - Report of the hearing of the City of Milton Planning Commission reviewing the Application held on Wednesday, September 25, 2013, and • Evaluation of increased construction costs to comply with the City of Milton Deerfield/Hwy 9 Overlay District, due to extraordinary topographic conditions of the Property. • A DVD containing the deliberations of the City Council and Mayor regarding Petition Numbers RZ12-06NC12-03 on August 20, 2012 and September 5, 2012. The documents attached are numbered sequentially from 00001 through 0000982. Number 4000982 is the above -referenced DVD contained in an envelope. Under separate cover, a traffic study and analysis of the Application was submitted directly from the Applicant's traffic consultant to the City's traffic analysis division. In addition, this letter is to clarify and respond to a specific factual error contained in the Community Development Department Analysis and Recommendations dated 9/19/2013 ("Staff Recommendations"). On page 23 of 29 of the Staff Recommendations, under Criteria 5 of the Special Use Permit considerations, the staff found that the Application proposed a total of 404 parking spaces and that the Applicant has requested an administrative variance to reduce the number of required parking spaces. This finding of fact is in error. The Applicant has not requested an administrative variance to reduce the number of required parking spaces at this time. The Application proposed 460 parking spaces, as shown on the site plan filed with the City, which is in excess of the 458 parking spaces required for the Application.. The Applicant was (and continues to be) willing to work with the City to reduce the amount of parking spaces required, if that is the City's desire. To that end, the Applicant prepared a revised site plan as requested by the staff to evaluate such a request. However, the WILSON BROCK & IRBY, L.L.C. October 1, 2013 Page 3 Applicant has not revised or amended its Application to seek an administrative variance. The Applicant proposes the full provision of required parking as shown on the site plan submitted with the Application containing 460 parking spaces and seeks no reduction in required parking. This letter is to request that the Staff Analysis and Recommendation be revised so as to correct the record by eliminating any reference to a request by the Applicant for an administrative variance and to reflect that the Application meets the parking requirement imposed by the Zoning Ordinance for the development proposed. Finally, by way of clarification, Crescent Resources, LLC has amended its Articles of Organization to change its name to Crescent Communities, LLC. The Secretary of State of Georgia issued a Certificate of Name Change effective April 1, 2013 certifying this fact. That certificate is enclosed herewith on numbered page 0000981. Crescent Resources, LLC and Crescent Communities, LLC are one and the same entity. As such, Crescent Resources, LLC is now known as Crescent Communities, LLC. In an abundance of caution, all constitutional notices submitted in the Petition on behalf of the Applicant are hereby asserted on behalf of Crescent Resources, LLC now known as Crescent Communities, LLC, as owner of the Property. The portions of the Zoning Ordinance of the City of Milton, on its face or as applied to the Property, which regulate or may regulate the Property so as to prohibit the Property's development and its intended use as proposed by the Owner and Applicant in this Application, or any part thereof, would be unconstitutional in that they would destroy the Owner's and the Applicant's property rights without first paying fair, adequate and just compensation for such rights, deny the Owner's and Applicant's right to the equal protection of the laws, and deny the Owner's and the Applicant's right to the protection of due process all as guaranteed by Article I, Section I, Paragraph I of the Constitution of the State of Georgia, Article 1, Section III, Paragraph I of the Constitution of the State of Georia, Article 1, Section 1, Paragraph Il of the Constitution of the State of Georgia and the 5" and 14th Amendments to the United States Constitution. Any action taken by the governing authority of the City of Milton to deny, prohibit or otherwise prevent the development and intended use of the Property as proposed and requested by the Owner and Applicant in this Application, or any part thereof, would constitute an arbitrary and capricious act without any rational basis therefore constituting an abuse of discretion in violation of the above -referenced constitutional provisions and guarantees. The imposition of any condition of approval which differs from conditions of approval requested by the Owner and Applicant would also constitute a violation of the Owner's and Applicant's constitutional rights in contravention of the above -referenced constitutional provisions and guarantees. The approval of the Special Use Permit without the simultaneous approval of the Concurrent Variances requested would also constitute a violation of the Owner's and Applicant's constitutional rights in contravention of the above -referenced constitutional provisions and guarantees. WH,sON BROCK & 1"Y, L.L.C. October 1, 2013 Page 4 Now therefore, the Owner and Applicant respectfully request that the Special Use Permit and Concurrent Variances be approved as submitted by the Applicant (including any amendments to the Application which may be submitted by the Applicant hereafter) in order that the Owner and Applicant be able to proceed with lawful use and development of the Property. Sincerely, WILSON BROCK & IRBY, L.L.C. Q �' �� q�" Stephen Rothman SR: Enclosures Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. HOME OF `THF B- . MILTO-N*k ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: October 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 2, Article V1, Administration -Financial Management Program Section 2-626(a)(2) to Provide for Piggybacking from Contracts of Other Public Entities. MEETING DATE: Monday, October 21, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: {Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: y YES O NO CITY ATTORNEY REVIEW REQUIRED: x YES () NO APPROVAL BY CITY ATTORNEY (APPROVED {) NOT APPROVED PLACED ON AGENDA FOR. 1® Z 113 REMARKS © Your * * * - PHONE: 678.242.25001 FAX: 678.242.2499 � Geden ;Certified* Top'Yoo infofcityofmiltonga.us I www.cityofmiltonga.us """� Community ;ELS°f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on September 27, 2013 for the October 7, 2013 and October 21, 2013 Regular Council Meetings Agenda Item: Consideration of an Ordinance to Amend Chapter 2, Article VI, Administration-Financial Management Program Section 2-626(a)(2) to Provide for Piggybacking from Contracts of Other Public Entities Department Recommendation: Adopt the ordinance to amend Chapter 2, Article VI, Administration-Financial Management Program Section 2-626(a)(2) to provide for piggybacking from contracts of other public entities. Executive Summary: It has been determined that the purchasing policies only allow for piggybacking on other municipalities’ contracts – meaning other cities. We would like to expand that to include counties, authorities and school boards. Funding and Fiscal Impact: We would stand to gain better pricing and efficiencies in staff’s utilization of time. Alternatives: Leave the language as is. Legal Review: Ken Jarrard (approved via email on 9/27/13) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Ordinance STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, ADMINISTRATION- FINANCIAL MANAGEMENT PROGRAM SECTION 2-626(a)(2) TO PROVIDE FOR PIGGYBACKING FROM CONTRACTS OF OTHER PUBLIC ENTITIES WHEREAS, Chapter 2, Article VI of the Code of Ordinances of the City of Milton, Georgia contains provisions allowing for the purchase of products or services by piggybacking off of other municipalities’ contracts; and WHEREAS, it has been determined that the term “municipality” refers specifically to other cities and excludes public entities such as counties, authorities and school boards; BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regul ar called council meeting on the 21st of October, 2013 at 6:00 p.m. as follows: SECTION 1. That the amendment to Section 2-626(a)(2), as reflected in the highlighted language, is hereby adopted and approved; and is attached hereto as if fully set forth herein; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of October, 2013. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) Sec. 2-626 (a) Source selection. Except as provided in this section, all vendor selections shall be made by the purchasing office. When making the vendor selection, the purchasing office will choose the lowest, best, responsible, responsive vendor. It is recognized that exceptional requirements may dictate that the USER is instrumental in selecting vendors. In such cases, it is necessary that this need be transmitted to the purchasing office with sufficient documentation as to the reason for the exception. This must be done in advance of any firm negotiations or commitment with the vendor. (1) In determining where to purchase products and services based on competitive prices and costs incurred in obtaining the purchase, the city shall purchase locally when all of these requirements are equal. (2) The city shall not make purchases of products or services from city employees or councilmembers or from businesses owned by members of these two groups unless specifically approved by the city council. The city shall have the right to piggyback from other municipality’s city, county, local authority and board of education contracts if the vendor will extend the same prices, terms, and conditions to the city. This source selection shall only be made available where competition was used by the other agency to secure the contract within the previous and only for a period of 12-months following entry into the contract by the other agency period and competition was sought. This provision shall not apply for any contract where state law mandates the city utilize its own competitive procurement process. F HOME OF 'THF BEST QUAL TY 0F Ll' IN LE-0R(IA' MILTON*k ESTABLISHED 2000 TO: City Council CITY COUNCIL AGENDA ITEM DATE: October 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the City Council of Milton, Georgia; to Adopt an Urban Redevelopment Plan for Areas Within Milton, Georgia, Pursuant to the Provisions of the Urban Development Law, O.C.G.A. Section 36-61-1 et seq.; to Approve an Application for an Opportunity Zone for all or Part of the Area Encompassed by such Redevelopment Plan Pursuant to O.C.G.A. Section 48-7-40.1; to Promote the Public Health, Safety and Welfare, and for Other Purposes. MEETING DATE: Monday, October 21, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 01 APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES O NO CITY ATTORNEY REVIEW REQUIRED: OYES O NO APPROVAL BY CITY ATTORNEY KAPPROVEDO NOT APPROVED PLACED ON AGENDA FOR: f Q Z f 3 REMARKS IqI © v YouIQ Green *Cx+�ified rop PHONE: 678.242.2500 FAX: 678.242.2499 rrr� Communi#y �, Etry Of hi infoOcityofmiltonga.us I www.cityofmiMonga.us i 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: William F. O’Connor, Economic Development Manager Date: Submitted on October 11, 2013 for the October 21, 2013 Regular Council Meeting Agenda Item: Consideration of a Resolution of the City Council of Milton, Georgia; to Adopt an Urban Redevelopment Plan for Areas Within Milton, Georgia, Pursuant to the Provisions of the Urban Redevelopment Law, O.C.G.A. Section 36-61-1 et seq.; to Approve an Application for an Opportunity Zone for all or Part of the Area Encompassed by such Redevelopment Plan Pursuant to O.C.G.A. Section 48-7- 40.1; to Promote the Public Health, Safety and Welfare, and for Other Purposes. Department Recommendation: Approval. Executive Summary: The City of Milton, incorporated in 2006, prepared a 2030 Comprehensive Plan in 2011 and a Livable Centers Initiative in 2013. Taken together, these documents contemplated the orderly development and redevelopment of major portions of the commercial and business areas of the City. In an effort to enhance economic opportunity and promote growth, it is recommended that an Urban Redevelopment Plan be adopted for certain areas of the City and that authorization be given to apply for Georgia Opportunity Zone status for a portion of the redevelopment area. Funding and Fiscal Impact: Economic Development Budget - Professional Fees of $7,000 FY ’13 and $14,000 FY’14 Alternatives: There are no alternatives to this proposal. Legal Review: Paul Higbee, October 10, 2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Resolution and Urban Redevelopment Plan Page 1 of 3 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF MILTON, GEORGIA; TO ADOPT AN URBAN REDEVELOPMENT PLAN FOR AREAS WITHIN MILTON, GEORGIA, PURSUANT TO THE PROVISIONS OF THE URBAN DEVELOPMENT LAW, O.C.G.A. SECTION 36-61-1 ET SEQ.; TO APPROVE AN APPLICATION FOR AN OPPORTUNITY ZONE FOR ALL OR PART OF THE AREA ENCOMPASSED BY SUCH REDEVELOPMENT PLAN PURSUANT TO O.C.G.A. SECTION 48-7-40.1; TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE, AND FOR OTHER PURPOSES WHEREAS, the City Council of Milton, Georgia (the "City") is the duly elected governing authority for the City; and WHEREAS, it has been determined by the City Council of the City that there is a need for the revitalization and redevelopment of areas of the City to develop and promote for the public good and general well-being trade, commerce, housing and employment opportunities within the City; and WHEREAS, it has been determined by the City Council of the City that within such areas there exist such conditions as: a predominance of buildings or improvements, both residential and nonresidential, which by reason of age, deterioration, obsolescence or vacancy are detrimental to the public health, safety or well-being; the predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness for present or future development; development impaired by transportation noise or by other environmental hazards; or a combination of such conditions that substantially impairs or arrests the sound growth of the City, retards the provisions of adequate housing accommodations, and constitutes an economic detriment and impairs the public health, safety, or well-being in the present condition and use; and WHEREAS, it has been determined by the City Council of the City that it is in the public interest and is vital to the public welfare of the people of the City and of the people of the State of Georgia to revitalize and redevelop such areas of the City; and WHEREAS, it has been found and determined by the City Council of the City that such areas meet the criteria of O.C.G.A. Section 36-61-7 and O.C.G.A. 36-61-2 (18) and should be designated as Urban Redevelopment Areas; and Page 2 of 3 WHEREAS, the City has prepared or had prepared a workable program to encourage needed redevelopment, and to undertake such activities as may be suitably employed to achieve these objectives in the Urban Redevelopment Areas, to be known as the City of Milton Urban Redevelopment Plan, in the form attached hereto as Exhibit “A”; and WHEREAS, the City has caused a public hearing on the adoption of the City of Milton Urban Redevelopment Plan to be held pursuant to the provisions of O.C.G.A. Section 36-61-7 on October 21, 2013 at 6:00 p.m. at the City of Milton Council Meeting; and WHEREAS, it is determined by the City Council of the City that the City of Milton Urban Redevelopment Plan conforms to the general plan of the City as a whole; and WHEREAS, it is determined by the City Council of the City that the City of Milton Urban Redevelopment Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the Urban Redevelopment Areas by private enterprise; and WHEREAS, it is determined by the City Council of the City that the City of Milton Urban Redevelopment Plan is focused on nonresidential areas and is not expected to result in relocation of any families; and WHEREAS, Georgia law (O.C.G.A. 48-7-40.1) provides for the creation of an Opportunity Zone to assist in the redevelopment of Urban Redevelopment Areas; and WHEREAS, the City finds that all or part of the City of Milton Urban Redevelopment Area qualify for such a zone and seeks to redevelop the City to promote growth and improve the public health, safety, well-being, and property values; and WHEREAS, the City finds that the area encompassed by the proposed City of Milton Urban Redevelopment Area has undergone significant changes and that an Opportunity Zone would increase property values, promote economic development, and provide other benefits; and WHEREAS, the City understands that adoption of the City of Milton Urban Redevelopment Plan will assist in the creation of an Opportunity Zone with the approval of the Georgia Department of Community Affairs; and NOW, THEREFORE BE IT SO RESOLVED, this 21st day of October, 2013, by the City Council of the City of Milton, Georgia, that the City Council hereby adopts the Milton Urban Redevelopment Plan in the form attached hereto as Exhibit “A”; and approves the submission of the Milton Urban Redevelopment Plan to the Georgia Department of Community Affairs for the purpose of applying for Opportunity Zone designation for all or part of the area encompassed by said plan, together with an application for such designation. Page 3 of 3 BE IT SO RESOLVED AND ORDAINED, this 21st day of October, 2013, by the Council of the City of Milton, Georgia. Approved: ___________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) - 1 - Urban Redevelopment Plan City of Milton October 2013 Table of Contents Resolution in Support Introduction Consistency of Redevelopment Plan with Adopted Plans Boundaries of the Redevelopment Area Conditions within the Redevelopment Area The City’s Land Use Objectives and Zoning Code Strategy for Relocating Displaced Residents Plan to Leverage Resources for Redevelopment Timetable for Implementing the Plan Appendix - 2 - [Insert Adopting Resolution] - 3 - INTRODUCTION The City of Milton, incorporated in 2006, prepared a 2030 Comprehensive Plan (the “Comp Plan”) in 2011 and a Livable Centers Initiative Study (“LCI”) in 2013. The Comp Plan and the LCI, taken together, contemplate the orderly development and redevelopment of major portions of the commercial and business areas of the City. To advance the goals and purposes of the Comp Plan and the LCI, the City is adopting this Urban Redevelopment Plan (the “Redevelopment Plan”) to address the redevelopment of a significant portion of the area covered by the Comp Plan and the LCI. This Redevelopment Plan will constitute an Urban Redevelopment Plan within the meaning of O.C.G.A. § 36-61-2. By appropriate resolution, a copy of which is reproduced above, the City has determined that the area subject to this Redevelopment Plan (the “Redevelopment Area”) is appropriate for redevelopment to enhance economic opportunity and promote growth. A map of the Redevelopment Area is attached hereto as Appendix A. The footprint of the Redevelopment Area is centered on an area of high poverty within City, and includes nearby areas in the City that are well-suited to the creation of employment opportunities but are currently underdeveloped. In conjunction with adoption of this Plan, the City will seek Georgia Opportunity Zone status for a portion of the redevelopment area, in order to attract businesses and provide quality local employment. Together, redevelopment and Opportunity Zone designation will build a strong local economy. CONSISTENCY WITH ADOPTED PLANS In April, 2012 the City developed a Livable Centers Initiative (“LCI”) in partnership with the City of Alpharetta as a tool for planning for the future of the community, focusing on the commercial areas that are the heart of the Redevelopment Area addressed by this Redevelopment Plan. The LCI was developed with the strong public involvement by community leaders and stakeholders in the participating jurisdictions, and embodies key decisions about the future of the community. The LCI was informed by baseline information collected through an inventory and assessment of Milton’s current and - 4 - projected future land use, including current and proposed redevelopment in the Redevelopment Area. The LCI reflects our community’s vision. It is intended to generate local pride and enthusiasm about the future of the City, to communicate what is unique and important about the community and to provide an implementation program for achieving our goals. Within the LCI are policies and strategies developed by the community to guide our Redevelopment Plan. A key part of the LCI focused on the need to concentrate future industrial and commercial development on the major arterial corridors in the City, including Windward Parkway, Alpharetta Highway, Webb Road and Deerfield Parkway. Much of the proposed Redevelopment Area, centered on these arterials, is identified in the LCI as a focus for regional activity centers, local activity centers, and transitional development. The goals and characteristics of each of these proposed components of the Redevelopment Area are discussed in more detail below. This Redevelopment Plan reinforces the LCI’s commercial and industrial development goal by focusing on the central business and commercial area defined by the arterials discussed above. This area is both the most suitable substantial redevelopment area in the City and the best-suited, by location and infrastructure, for application of Opportunity Zone benefits. In June of 2011, the City adopted its Comp Plan as a statement of the City’s goals and objectives for development over the next three decades. The Comp Plan identified the key areas included in the LCI and the Redevelopment Plan as focus areas for future redevelopment. - 5 - BOUNDARIES OF THE REDEVELOPMENT AREA The Redevelopment Area consists of two major areas of the City, as identified on Appendix A and the LCI: 1. Those portions of the “Deerfield/Windward Area” lying within the City limits. See LCI, p. 12. This area currently consists of larger, single and multi-story office campuses that support regional employers and are surrounded by surface parking. Interspersed among the office campuses are smaller commercial buildings. This area has the highest potential to support high-value development within the next 20 years. With several significant development sites, excellent proximity to Windward Parkway and GA 400, and limited potential to adversely impact the area’s stable residential neighborhoods, this area should be the primary target for higher intensity development and redevelopment. Community input has shown a desire for medium-scale (multi-story) future development in the area with greater connectivity and walkability. 2. The “Highway 9 Area” along Cumming Highway from Cumming Street northward to the Fulton/Forsyth line. See LCI, p. 14. This area also includes a number of office/commercial parcels to the west of Cogburn Road that are not included in the LCI study, but form a part of the Redevelopment Area. The area is currently home to many of the “big box” retail stores, strip centers, and outparcel developments in the City. The land use in this area is predominantly retail, but some multifamily/senior residential neighborhoods and smaller rehabilitated houses now serving as office buildings line the corridor. Highway 9 generally lacks a consistent character, and aesthetic cohesion. Typical of corridor development over the last several decades, many of the buildings are pushed far from the road with expanses of asphalt pavement between the roadway and activity areas. The pedestrian environment is - 6 - limited, lacking adequate lighting, shade trees and appropriate buffers between faster paced traffic and sidewalk areas. This Redevelopment Area includes a spectrum of urban areas, suburban mixed use, developed properties, already-developed properties in need of redevelopment, and open parcels that contribute to the ability to redevelop the area as a congruent whole. We believe that coordinated and comprehensive redevelopment, and the strategic use of incentives, depends upon the ability to offer a uniform and integrated development scheme. The Comp Plan identified issues characteristic of these areas, and listed a number of objectives in its land use plan. Those issues and objectives remain today. Much of the proposed Redevelopment Area is contained within the Highway 9 Priority Master Planning Area in the Comp Plan. See Comp Plan, p. 22, and associated Future Development Map. The existing patterns of mixed-use development within this area should be encouraged and expanded. There are a limited number of undeveloped parcels, but there nonetheless are opportunities for redevelopment along the Highway 9 Corridor and within the Deerfield/Windward Area. CONDITIONS WITHIN THE REDEVELOPMENT AREA Development within the City boomed through much of the 1990s and into the early 2000s while the city was still a part of unincorporated Fulton County. This is a timeframe that coincides with the rising awareness of many of the negative impacts sprawling commercial and residential land use patterns. From a planning perspective, the area suffers from unattractive, often “strip mall”-type, development, and from failure to emphasize redevelopment over expansion into commercially-inappropriate areas: - 7 - Unattractive commercial sprawl detracts from the community’s appearance. Unattractive sprawl development has led to visual clutter along roadways that can distract drivers and detract from the community’s appearance. Unregulated development threatens the indistinct boundary between town and countryside. New development threatens to encroach upon areas that may not be suited for proposed uses. These concerns illustrate the need for a comprehensive approach to redevelopment of the City’s existing commercial areas, rather than pushing new business into areas of the City better suited to residential or agricultural uses. Redevelopment of existing inadequate or suboptimal commercial land benefits both the redeveloped area and the City as a whole. Redevelopment to attract employment opportunities into the Redevelopment Areas will concentrate employment opportunities along the major corridors, making employment accessible to current residential areas. Perhaps surprisingly to those with stereotyped ideas about North Fulton, the Redevelopment Area suffers from economic stresses that have led to high poverty rates. The proposed Redevelopment Area is centered on United States Census Block Group 131210116142, running northward from Webb Road along the eastern side of Alpharetta Highway, and encompassing the Deerfield Parkway area. The most recent census figures show that this block group experiences a poverty rate of 17.3%, well above the rate for surrounding areas of North Fulton. Furthermore, much of the proposed Redevelopment Area adjoins Census Block Group 131171306021, which has a poverty rate of 33.2%. These high poverty rates point to uneven development and prosperity within the Redevelopment Area, and the need to provide quality employment centers in the area. Almost 20% of families within Census Block Group 131210116142, central to the Redevelopment Area, have incomes of only $10,000 - $20,000 per year, more than double the rate for the state as a whole. Compared to the adjoining Census Tract to the west, outside the proposed Redevelopment Area, the Census Tract that includes Census - 8 - Block Group 131210116142 has more than double the amount of renter-occupied housing and almost double the amount of vacant housing, according to 2010 Census data. Source: US Census 2010 THE CITY’S LAND USE OBJECTIVES AND ZONING CODE The Redevelopment Plan is consistent with the land use objectives for the City, as set forth in the Comp Plan and the LCI. Existing land uses in the redevelopment areas consist of agricultural, commercial, industrial and residential uses. The City and County Zoning Ordinances categorize land uses into discreet districts. (NOTE: ATTACH CITY ZONING CODES) STRATEGY FOR RELOCATING DISPLACED RESIDENTS The focus of redevelopment under the Redevelopment Plan is overwhelmingly on non- residential areas. Should the need arise and the displacement of residents becomes necessary in the future, the Redevelopment Plan will be amended to include a relocation plan/ strategy for displaced residents. PLAN TO LEVERAGE RESOURCES FOR REDEVELOPMENT Opportunity Zone: The City has identified several resources by which to encourage development in the target area. Upon adoption of the Redevelopment Plan, the City intends to apply for Georgia Opportunity Zone for about two-hundred tax parcels in the Redevelopment Area. Opportunity Zones, administered by the Georgia Department of Community Affairs, are intended to encourage economic development and redevelopment in specific geographic areas being served by existing economic development programs. The program offers a generous job tax credit available for new jobs created over a period of ten years, the use - 9 - of tax credits against 100 per cent of an entity’s tax liability and employee withholdings, and application to all legal businesses within the designated area. Other Local Incentives: The City and the North Fulton Chamber of Commerce are actively engaged in the promotion of the City as a location for retail, commercial, office and industrial employers. TIMETABLE FOR IMPLEMENTING THE PLAN Upon adoption by the Mayor and City Council, the City will be the implementing entity for the Redevelopment Plan. Implementation Schedule Public Hearings ___, 2013 Adoption of Urban Redevelopment Plan ___, 2013 Apply for Opportunity Zone ___, 2014 Promote and Offer incentive packages for new businesses (timing dependent on Opportunity Zone Application) - 10 - APPENDIX 0 HOME OF ` ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: October 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Adopting the Master Plan for Bell Memorial Park, MEETING DATE: Monday, October 21, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: %�,J APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES NO CITY ATTORNEY REVIEW REQUIRED: O YES NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS /2113 qq,of © vy0min PHONE: 678.242.25001 FAX: 678.242.2499 rrw Green V *Certified * op 109 Infofcityofmiitonga.us I www.0yofmiltonga.us ' Community I E� °{ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - "` ", 'Z; a Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on October 8, 2013 for the October 21, 2013 Regular Council Meeting Agenda Item: Approval of a Resolution Adopting the Master Plan for Bell Memorial Park ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Resolution Adopting the Master Plan for Bell Memorial Park. Executive Summary: Our consultant, Foresite Group, LLC, has created a Master Plan for Bell Memorial Park. This seven month effort has involved three public input sessions which were held at Bell Memorial park and City Hall. In addition, input was sought from a Stakeholders Group representing the landowners who surround the park property, as well as representatives from the following communities: Baseball, Football, Soccer, Lacrosse, Equestrian, Milton Trails Committee and the Milton Disability Awareness Committee. The Parks and Recreation Advisory Board was also involved as was the City Staff. The plan was reviewed favorably by the Mayor and Council at the work session on October 14, 2013. Funding and Fiscal Impact: While the resolution itself does not have a fiscal impact, the adoption of the Master Plan leads to the next step which is to create the Construction Documents. Alternatives: There are two alternatives. The first is to reject the proposed Master Plan and create a new plan. The second is to take no action and delay the construction of the park. Page 2 of 2 Legal Review: None Concurrent Review: Chris Lagerbloom Attachment(s): 1) Resolution Adopting the Master Plan for Bell Memorial Park STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE MASTER PLAN FOR BELL MEMORIAL PARK WHEREAS, the City of Milton Comprehensive Parks and Recreation Master Plan identified the need to renovate and expand Bell Memorial Park; and WHEREAS, in March 2013, the City approved the funding of a Master Plan study of Bell Memorial Park; and WHEREAS, the Consultant, Foresite Group, LLC has worked with; the citizens of Milton at three different public meetings, the City Parks and Recreation Advisory Board, and a group of community stakeholders along with the City staff in a collaborative manner; and WHEREAS, the public interest will be served by the adoption of this Master Plan as a reference document. NOW, THEREFORE BE IT SO RESOLVED, that the Mayor and Council of the City of Milton hereby approves the Bell Memorial Park Master Plan for use as a reference document to create Construction Documents for the expansion and reconstruction of Bell Memorial Park. This plan identifies new facilities and creates opportunities for all of the citizens of Milton to use and enjoy the park and will contribute to the quality of life for all citizens in the City of Milton. BE IT SO RESOLVED AND ORDAINED, this 21ST day of October, 2013, by the Council of the City of Milton, Georgia. CITY OF MILTON, GEORGIA By: ________________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie AM Gordon, City Clerk Page is too large to OCR. HOME OF' THE BEST QUALITY OF LIFE IN GEORGIA' 1 LTON% ESTABLISHED 200b CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: October 10, 2013 AGENDA ITEM: Approval of Change Order #2 to the Professional Services Agreement between the City of Milton and Foresite Group, Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. MEETING DATE: Monday, October 21, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 0 APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: �j YES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: 10 Z 1 1 3 REMARKS () NOT APPROVED () NO () NO O NOT APPROVED In At Yoil�. �, "Green � :Certified* PHONE: 678.242.2500 FAX; 578.242.2499 ■Cp1111f1ilJitljj Ethscsi .� infoftityofmiltonga.usIwww_cltyofmiltonga.us ��► ,au1,T.a..,...i,., 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CERTIFIED BRONZE - 'e` Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on October 16, 2013 for the October 21, 2013 Regular Council Meeting Agenda Item: Approval of Change Order #2 to the Professional Services Agreement between the City of Milton and Foresite Group, Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of Change Order #2 to the Professional Services Agreement (“Agreement”) between the City of Milton and Foresite Group, Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. Executive Summary: The original Agreement contemplated that a supplemental task request (“Task #4”) would be presented to the Mayor and Council to fund the creation of the Construction Documents, Bidding Assistance and Construction Administration Assistance for this project. Task #4 was intentionally not funded until the Master Plan was approved by the Mayor and Council. With the Master Plan now approved, approval of the funding for Task #4 is necessary to keep the project moving forward. Funding and Fiscal Impact: The work will be divided into five phases. Phase 1, 2 and 3 are lump sum payments. Phases 4 and 5 will be billed on an hourly basis and are capped at a “Not to Exceed” fee. Also included is funding for Well Testing which may not be required. The maximum potential fee of $305,300 is within the budgeted amount that was included in the FY14 budget. This will be paid for with available funds from the Parks and Trail Expansion line item in the FY14 Capital Expenditures budget. Alternatives: We have the option of pursuing our bidding process. The original Request for Qualifications (“RFQ”) contemplated the creation of the Construction Documents and the Construction Management. Given the RFQ results, Foresite Group was judged to be the best qualified Page 2 of 2 contractor to create the Master Plan, Construction Documents and Construction Management. Additionally, if we return to the market to obtain an alternate supplier, there is no guarantee that we will get a better price and the project will be delayed a minimum of two to three months. Legal Review: Paul Higbee – Jarrard & Davis 10/16/13 Concurrent Review: Chris Lagerbloom, City Manager Carter Lucas, Public Works Director Robert Buscemi, City Architect Attachment(s): 1) Change Order #2 Foresite Group, Inc. Professional Services Agreement 1 CHANGE ORDER #2 FOR PROFESSIONAL SERVICES AGREEMENT BELL MEMORIAL PARK MASTER PLAN DESIGN WHEREAS, the City of Milton, Georgia and Foresite Group, Inc. have entered into a Professional Services Agreement (the “Agreement”) dated March 18, 2013, incorporated herein by reference, for professional services for master planning and construction documents for the renovation of Bell Memorial Park; and WHEREAS, the original Agreement contemplated that a Supplemental Task #4, the creation of Construction Documents and Construction Management, would be called for upon the completion of Task 1 – Master Planning and Public Involvement; and WHEREAS, the parties desire to issue a change order pursuant to Section 2 of the Agreement, 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 amend the Agreement as follows: A. Section 2.0 Scope of Work: Compensation; Compensation of the Agreement is amended by replacing “…a lump sum fee of $62,800…” with “… a Not To Exceed fee of $368,100…” in Section 2.2; B. As contemplated in the Agreement under section 2.0 Scope of Work; Compensation, section 2.2 indicates that Task 4-Construction Documents and Construction Administration is hereby added by amending Exhibit A Request for Bid/Scope of Work to include the following additional scope of services: Scope of Services I. General: 1. Foresite Group 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 a single entity with requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely completion of the Project undertaken pursuant to this Agreement. By executing this Agreement, Foresite Group represents to the City that they are professionally qualified to act as the design professional for the Project and are licensed to practice engineering/architecture by all public entities having jurisdiction over the Project. Foresite Group assumes full responsibility to the City 2 for the improper acts and omissions of its consultants or others employed or retained by Foresite Group in connection with the Project. 2. Foresite Group will prepare all documents in sufficient detail and in accordance will all applicable rules and regulations and shall submit the required drawings and documents to all necessary regulatory agencies in pursuit of the required permits. 3. Foresite Group will prepare a stormwater management report that follows generally accepted standard practice for submittal to the City of Milton and incorporate this study into the site work construction drawings. This report will generally conform to the Georgia Stormwater Management Manual. This includes channel protection, water quality calculations and hydrograph routing (detention). Stormwater management facilities will be designed to prevent an increase in peak flow rates (not total volume) of runoff in post-development conditions. Foresite Group will prepare a downstream analysis that incorporates all downstream stormwater drainage structures and features that lie within the watercourse of the overall drainage basin. The downstream study point will be at a point that is equivalent to ten (10) times the site acreage and will be identified using Geographic Information System maps and topographic information (as available). A Stormwater Performance Review Tool for Total Suspended Solids (TSS Report) will be prepared for each drainage basin and for each stormwater management facility that is designed for the project site. The TSS report will be incorporated into the stormwater management report. 4. Erosion, Sedimentation, and Pollution Control Plan that will include Georgia Soil and Water Conservation Commission required checklist information. Said plan will be three phased and will reflect NPDES requirements for sites greater than one acre of disturbed area. 5. Site Utility Plans that will include plan and profile and related details for sanitary sewer, irrigation, fire and domestic water service. 6. Tree Protection/Replacement Plan that conforms to the City of Milton tree protection/replacement requirements. Said plan will include required calculations and necessary details. 7. Demolition and Removal Plan addressing existing improvements that need removal, replacement or adjustment for new construction. 8. Staking/Layout Plan that will include layout of drives, parking, sidewalks, required Americans with Disabilities Act (ADA) parking/access and related site improvements. ADA access from accessible parking to the primary building entrance will be reflected per ADA requirements. 9. Site Grading/Drainage Plan that will include proposed grading for the site improvements, existing and proposed contours, spot elevations, storm drainage system, water quality system, and general notes. ADA access route between accessible parking and primary building entrance will be graded per ADA requirements. Stormwater plan shall include all plan and profile information necessary for construction. 3 10. Foresite Group will prepare technical site work specifications for related site work in accordance with the Client's format. 11. Architectural plans are to be provided according to the requirements of the City Architect. 12. In the execution of this contract Foresite Group certifies that it shall retain a qualified architect to provide professional services as outlined in this scope of services which may include, but may not be limited to, completion of work dr awings, detailed specifications, revisions as requested by the City, large scale and full sized detailed construction drawings, forms of proposals and contracts for use in the competitive bid process for construction, mechanical, electrical, plumbing, and structural engineering services, and general project supervision through completion of the construction of the Project and the applicable warranty periods. Execution of this Agreement by Foresite Group constitutes a representation that Foresite Group has become familiar with the Project site and the local conditions under which the Project is to be implemented. 13. Foresite Group shall furnish the documents and provide the services herein required in such sequence and at such time as is necessary for prompt completion of the Project. Foresite Group agrees to adhere to work plans and schedules as agreed to in writing between Foresite Group and the City (the “Schedule”), which Schedule may be reasonably adjusted as required during the course of the particular Project with the written agreement of both Foresite Group and the City. 14. Foresite Group agrees and acknowledges that budgetary limitations, whether for architectural or construction services, are not a justification for breach of sound principals of design and engineering. Foresite Group shall take no calculated risk in the design of the Project. Specifically, Foresite Group agrees that, in the event it cannot perform the required services for the Project within the budgetary limitations established without disregarding sound principals of design and engineering, or in the event Foresite Group is requested by any person, agency, or public body to make changes which will increase the cost of the Project to an amount that is in excess of the budgetary limitations established by the City, Foresite Group will give written notice immediately to the City. Foresite Group agrees that, in the absence of an amendment to this Agreement in writing, Foresite Group will not perform the required services for the Project in a manner that it estimates will cost in excess of the budget established and set forth by the City for the Project. 15. Foresite Group acknowledges and agrees that the City does not undertake to approve or pass upon matters of design or engineering and that, therefore, the City bears no responsibility for Foresite Group’s services performed under this Agreement. Foresite Group acknowledges and agrees that the acceptance of plans and specifications by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, i nquire into adequacy, fitness, suitability or correctness of design or engineering. Foresite Group further agrees that no approval of plans and specifications by any person, body or agency 4 shall relieve Foresite Group of the responsibility for adequacy, fitness, suitability, and correctness of architectural design or for performing services under this Agreement in accordance with sound and accepted design and engineering principals. 16. Foresite Group acknowledges that it may receive confidential information of the City. Foresite Group agrees to protect the confidentiality of any such confidential information, provided that the City specifically designates the information as confidential upon provision of the information to Foresite Group. Foresite Group shall require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 17. Foresite Group agrees that it shall apply for, and obtain, all required permits or inform the City of the need to do so. II. Construction Document Phasing Schedule: Phase 1 - Schematic Design: Foresite Group will complete the following tasks as part of this phase: 1. Conduct a kick-off meeting with the Client. Foresite Group shall prepare a project schedule that outlines detailed activities and timing from the Notice to Proceed through the award of the construction contract. 2. Coordinate with the Client on additional areas/elements that will need to be surveyed. 3. Coordinate location of level III soil survey for the septic field. 4. Prepare 30% level (schematic design) construction plans. The schematic design plans will include the following drawings: a) Cover Sheet b) Existing Conditions Plan c) Demolition Plan d) Staking Plan e) Grading and Drainage Plan f) Construction Details g) Tree Protection and Landscape Plan h) Architecture Plans 5. Prepare preliminary hydrology study model. 6. Prepare an updated cost estimate. 7. A sub consultant of Foresite Group will prepare a hydro-geology study to determine the feasibility of the existing well for irrigation use Meetings will include the following: • One meeting for kick-off. • One meeting to review schematic design submittal and schematic design of cost estimate. Deliverables – • Schematic design plans. (PDF and hard copy) • Schematic design cost estimate. (PDF and hard copy) • Meeting memos. (PDF and hard copy) Schedule. (PDF and hard copy) 5 Note: Architectural and MEP Schematic design plans shall be drawn to scale (1/4”=1’0”) indicating materials and assemblies , as appropriate , to convey the design intent and to illustrate the project’s basic elements, scale and relationship to the site. Drawings shall include but not be limited to, floor plans, exterior elevations and building sections. Phase 2 - Design Development: Foresite Group will complete the following tasks as part of this phase: 1. Prepare 50% level (design development) construction plans and updated schedule. The design development will include the following drawings: a) Cover Sheet b) Existing Conditions Plan c) Demolition Plan d) Staking Plan e) Grading and Drainage Plan f) Construction Details g) Utility Plan h) Profiles i) Three Phase Erosion Control Plans j) Site Lighting Plans k) Tree Protection and Landscape Plan and Details l) Irrigation Plans and Details m) Architecture Plans n) MEP Plans 2. Prepare an updated cost estimate for the design development plans. 3. Meet with the Client to review the design development level plans and cost estimate. 4. Incorporate Clients comments into the design. Meetings will include the following: • One meeting to review design development submittal and updated cost estimate. • Two Design Review Board meetings Deliverables: • Design development plans. (PDF and hard copy) • Design development cost estimate. (PDF and hard copy) • Meeting memo. (PDF and hard copy) Updated schedule. (PDF and hard copy) Note: Architectural and MEP Design Development plans shall be drawn to scale (1/4”=1’0” ) and shall consist of a site plan, floor plans, sections, elevations, typical construction details, equipment layouts and other drawings and outline specifications. These documents will fix and illustrate the size and character of the buildings ,buildings, including but not limited to kind of materials, criteria and sizing of major components, equipment sizes and capacities including mechanical and electrical and plumbing systems and outline specifications. Phase 3 - Construction Plans and Permitting: Foresite Group will complete the following tasks as part of this phase: 1. Prepare 95% level construction plans, specifications and updated schedule to Client for final review. The construction plan set will include the following drawings: a) Cover Sheet 6 b) Existing Conditions Plan c) Demolition Plan d) Staking Plan e) Grading and Drainage Plan f) Construction Details g) Utility Plan h) Profiles i) Three Phase Erosion Control Plans j) Site Lighting Plans k) Tree Protection and Landscape Plan and Details l) Irrigation Plans and Details m) Architecture Plans n) MEP Plans 2. Update the cost estimate based on the 95% construction plans. 3. Complete the hydrology report. 4. Meet with the Client to review the construction documents and updated cost estimate. 5. Submit plans to City of Milton for review. 6. Revise plans in response to City of Milton comments. 7. Prepare technical specifications. Meetings will include the following: • One meeting to review construction document submittal and updated cost estimate. Deliverables: • Construction plans. (PDF and hard copy) • Construction cost estimate. (PDF and hard copy) • Meeting memo. (PDF and hard copy) Updated schedule. (PDF and hard copy) Note: Construction plans shall consist of those drawings necessary to describe the size and character of the project and its design, construction, materials, finishes, fixtures, civil, structural, mechanical, plumbing and electrical systems and other related work. Architectural plans shall consist of floor plans, exterior elevations,, interior elevations, building sections, wall sections, reflective ceiling plans, interior and exterior details, door and finish schedules, and roof plans. All drawings shall be drawn to ¼”=1’-0” scale and must be fully coordinated with all the other disciplines and all required equipment and must show all required partitions, partition types, doors windows dimensions and required notes and details and final specifications. Phase 4 - Bidding: At the discretion of the City, Foresite Group will complete the following tasks as part of this phase: 1. Distribute plans and specs to prospective bidders as pdf’s. 2. Maintain plan holder’s list. 3. Conduct pre-bid meeting. 4. Develop and issue addenda as required. 5. Conduct bid opening, review references and issue letter of recommendation. Deliverables: • Plan holders list 7 • Addenda • Letter of recommendation • Meeting memos Phase 5 - Construction Administration Assistance: At the discretion of the city, Foresite Group will complete the following tasks as part of this phase: 1. Attend pre-construction meeting. 2. Conform Construction Documents. 3. Distribute conformed copies of 2 full-size plans, 2 half size plans, and 2 specs to the City representative, and conformed copies of 2 full-size plans, 2 half size plans, and 2 specs to the contractor. 4. Perform the erosion control inspections within seven days after the installation of the initial phase BMP’s. 5. Prepare and submit the Notice of Intent for compliance with NPDES permits. 6. Coordinate on-site construction meetings by the appropriate discipline, to review compliance with plans and specifications. 7. Coordinate pre-installation meetings prior to construction of critical elements of design and at significant points in the construction process. 8. Respond to RFI’s from Contractor. 9. Assist City Representative in working with Contractor to make recommendations to review conflicts and problems that may arise during the course of the project. 10. Review Contractor’s submittals. 11. Review pay applications. 12. Respond to Contractor’s request for change orders, as requested by City, and assist in evaluation of need. 13. Perform, with the City Representative, one pre-final and one final punch list inspection for civil, architectural, signage and landscape items. 14. Assemble as-built construction documents. 15. Site visits and site inspections to review compliance with contract documents. a) A representative from Foresite Group will complete the following: i. One (1) pre-construction meeting ii. Construction progress meetings on a bi-weekly basis (24 total) iii. Four (4) punch list meetings. iv. Three (3) supplemental site meetings as issues arise. b) LDDI(Architect/MEP) will complete six site visits plus two site meetings two per design discipline (MEP). c) Structural engineer will attend two site meetings. d) Irrigation designer will complete one site visit to review system installation. e) Site lighting designer will complete two site visits to review system installation. f) A representative from Foresite Group will complete twice weekly site observation visits (8 hrs./week). 16. FORESITE GROUP shall provide administration of the Construction Contract as set forth herein and shall perform those duties and discharge those responsibilities set forth herein and in the contract ("the Construction Contract") to be executed by and between the City and a contractor. 17. Foresite Group shall represent the City during construction. Instructions and other appropriate communications from the City to the Contractor shall be communicated 8 through the Foresite Group unless the City determines otherwise. The Foresite Group shall act on behalf of the City only to the extent provided herein and in the Construction Contract. 18. The Foresite Group shall carefully observe the work of the contractor whenever and wherever appropriate and no less frequently than established herein. If, however, in the opinion of the Foresite Group, observations are required more frequently to protect the City's interest, the Foresite Group shall so notify the City in writing, and the City may elect to require the Foresite Group to make more frequent Project observations, and unless such observations are otherwise required by this Agreement, the Foresite Group shall be compensated for same pursuant to the applicable provisions of this Agreement. It is expressly agreed, however, that the observations required by this Paragraph are in addition to any and all other observations which may be required elsewhere in this Agreement. The purpose of the observations required by this Paragraph is to determine the quality, quantity and progress of the work in comparison with the requirements of the Construction Contract. In making such observations, the Foresite Group shall exercise care to protect the City from defects or deficiencies in the work, from unexcused delays in the schedule and from overpayment to the contractor. Following each such inspection the Foresite Group shall submit a written report of such observations, together with any appropriate comments or recommendations, to the City. 19. The Foresite Group shall at all times have access to the Work wherever it is located. 20. The Foresite Group shall determine amounts owed to the contractor based upon inspections of the Work, evaluations of the contractor's rate of progress and upon evaluations of the contractor's applications for payment, and shall issue certificates for payment to the City in such amounts. 21. The issuance of a certificate for payment shall constitute a representation by the Foresite Group to the City that the Foresite Group has made an inspection of the work and that the work has progressed to the level indicated, that the quality of the Work meets or exceeds the requirements of the Construction Contract, and that, to the best of the knowledge, information and informed belief of the Foresite Group, the contractor is entitled to payment of the amount certified. 22. The Foresite Group shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the contractor. The Foresite Group shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the Contractor. 23. The Foresite Group's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of the Construction Contract. 24. The Foresite Group shall reject work which does not conform to the Construction Contract unless directed by the City, in writing, not to do so. Whenever, in the Foresite Group's opinion, it is necessary or advisable, the Foresite Group shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract whether or not such work is fabricated, installed or completed. 9 25. The Foresite Group shall review and approve, or take other appropriate action upon, the contractor's submittals such as shop drawings, product data, samples, and certificates of insurance. Approval by the Foresite Group of the contractor's submittal shall constitute the Foresite Group's representation to the City that such submittal is in conformance with the Construction Contract. Such action shall be taken with reasonable promptness so as to cause no delay to the Contractor or the Project. 26. The Foresite Group shall review and advise the City concerning proposals and requests for change orders from the Contractor, including the reasonableness and accuracy of the proposed cost of same. The Foresite Group shall prepare change orders for the City's approval and execution in accordance with the Construction Contract. 27. The Foresite Group shall conduct an inspection to determine the date of substantial completion and the date of final completion, shall receive and forward to the City for the City's review written warranties and related documents required by the Construction Contract and assembled by the contractor, and shall, when appropriate, issue a final certificate for payment. 28. The Foresite Group shall, without additional compensation, promptly correct any errors, omissions, deficiencies or conflicts in the Foresite Group's work product. Deliverables: • Conformed plans and specs, per above • Site observation reports, with photos • Meeting memos • Site observation memos • As-Built Plans, based upon information provided by contractor C. Included as an option is a stick built Maintenance Building design and Well Testing. Either or both of these options may be included as the construction plans are formulated. Phases 4 and 5 will be billed in accordance with the hourly rate schedule published by Foresite Group with a Not to Exceed combined value of $64,000. D. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. E. It is 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 shall be attached to and form a part of said Agreement. 10 IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Foresite Group, Inc. Signature: __________________________________ Printed Name: _______________________________ Title: ______________________________________ SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness – Corporate Secretary _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ____________________________ HOME OF ' MILTON% ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: October 10, 2013 AGENDA ITEM: Consideration of a Waiver of Conflict Affirmatively Waiving any Actual, Potential or Apparent Conflict of Interest Arising from or Attributable to Jarrard & Davis. LLP's Simultaneous Representation of Milton and Cherokee in the Preparation of an Automatic Aid and Mutual Aid Agreement between the City of Milton and Cherokee County to Provide Supplemental Fire Suppression and Emergency Services for the City of Milton and Cherokee County. MEETING DATE: Monday, October 21, 2013 Regular City Council Meeting, BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (j NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY (APPROVED (j NOT APPROVED PLACED ON AGENDA FOR: REMARKS * 4 91 Your ---- PHONE: 678.242.25001 FAX: 678.2422499 nae 'Areen .4W *cen�f�ea ; 1op 10 info@cityofmiifonga.us ; www.cityofmiltonga.us , , Community h 5F - 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 `F"T'"`° ,RONZE a� Page 1 of 2 WAIVER OF CONFLICT WHEREAS, the City of Milton, Georgia (“Milton”) is a duly formed municipal corporation of the State of Georgia; and WHEREAS, Cherokee County, Georgia (“Cherokee”) is a duly formed county government and political subdivision of the State of Georgia; and WHEREAS, Milton and Cherokee are now, and have been, represented by the law firm of Jarrard & Davis, LLP; and WHEREAS, Milton and Cherokee desire to enter into a fire service automatic aid and mutual aid agreement (the “Agreement”) prepared by Jarrard & Davis, LLP; and WHEREAS, in its capacity as City Attorney for Milton and County Attorney for Cherokee, Jarrard & Davis, LLP, is the proper entity to represent Milton and Cherokee in preparing the Agreement; and WHEREAS, Milton recognizes that Jarrard & Davis, LLP’s simultaneous representation of Milton and Cherokee could result in the appearance of a potential conflict of interest; and WHEREAS, it appearing that the Mayor and Council of the City of Milton has considered this issue, has been apprised of all potential conflicts, and has had the opportunity to retain separate counsel to discuss the issue, the Mayor and Council wishes to waive any actual, potential, or apparent conflict that may exist in this matter. NOW THEREFORE, the Mayor and Council of the City of Milton, having considered this issue, does hereby resolve as follows: 1. Milton acknowledges Jarrard & Davis, LLP’s disclosure of this potential conflict; 2. Milton further acknowledges Jarrard & Davis, LLP’s disclosure of this potential conflict at an open meeting; Page 2 of 2 4. Milton affirmatively waives any actual, potential, or apparent conflict of interest arising from or attributable to JARRARD & DAVIS, LLP’S simultaneous representation of the Milton and Cherokee in the preparation of the Agreement. ADOPTED AND APPROVED this 21st day of October, 2013. CITY OF MILTON, GEORGIA By:__________________________________________ Joe Lockwood, Mayor Attest: _______________________________ Sudie AM Gordon, City Clerk (SEAL) HOME OF ' M�j j ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: October 10, 2013 AGENDA ITEM: Consideration of an Automatic Aid and Mutual Aid Agreement between the City of Milton and Cherokee County to Provide Supplemental Fire Suppression and Emergency Services for the City of Milton and Cherokee County. MEETING DATE: Monday, October 21, 2013 Regular City Council Meeting. BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. YES O NO CITY ATTORNEY REVIEW REQUIRED: K YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS [I,* Your *** "G ree n �► : Certified * Top PHONE: 678.242.2500 1 FAX: 678.242.2499 waw „ Communi# i iry°f into@cityofmiltonga.us l www.cityofmiltonga.us 4 ► M.,i y Echi - 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CERTI#I#fl BRpgiF ,� Page 1 of 2 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on October 4, 2013 for the October 21, 2013 Regular Council Meeting Agenda Item: Consideration of an Automatic Aid and Mutual Aid Agreement between the City of Milton and Cherokee County to Provide Supplemental Fire Suppression and Emergency Services for the City of Milton and Cherokee County ____________________________________________________________________________ Department Recommendation: Approve the attached Automatic Aid and Mutual Aid Agreement for fire suppression and emergency services between the City of Milton and Cherokee County. Executive Summary: The Fire Department recognizes that many areas of the City are contiguous to Cherokee County where an Automatic Aid agreement would be beneficial for both the City and Cherokee County. Automatic Aid is assistance that is dispatched automatically by a contractual agreement between two fire departments, communities or fire districts. Mutual Aid is assistance that is dispatched, upon request, by the responding fire department. The Automatic Aid agreement would be limited to first response services within five (5) miles of a fire station in either jurisdiction. The Mutual Aid component of this agreement would be based on operational need and limited to the available resources. The agreement includes communications interoperability and joint training. Currently, the City has an Automatic Aid agreement with the City of Alpharetta, eliminating all City boundaries for the purpose of fire and EMS responses. This proposed agreement between the City and Cherokee County will be in addition to that agreement, allowing for additional resources to be available for other calls for service. Page 2 of 2 Additional benefits to this agreement would be the possibility of additional credit from the Insurance Services Office (ISO). Credit is available for engine and ladder companies from outside the fire protection area boundaries and within five (5) road miles of the boundaries. The automatic aid companies must respond under a legal contract or resolution and operate under a predetermined response plan for initial alarms. Funding and Fiscal Impact: Staff is recommending approval of the new Automatic Aid and Mutual Aid Agreement with Cherokee County. There are no direct costs associated with the agreement. The indirect costs from providing services within their jurisdiction would be balanced out with their response into the City. Alternatives: The City may opt to continue operating without an agreement with Cherokee County, but the City of Milton will increase its firefighting capabilities without incurring the cost of personnel and equipment. Legal Review: Paul Higbee - Jarrard & Davis, September 24, 2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1. Automatic Aid and Mutual Aid Agreement Automatic Aid and Mutual Aid Agreement This Agreement is made and entered into this ____ day of October, 2013 by and between the County of Cherokee and the City of Milton, both organized and existing under the laws of the State of Georgia, acting by and through their duly elected officials. Witnesseth: WHEREAS, The County of Cherokee and the City of Milton are contiguous; and, WHEREAS, The County of Cherokee and the City of Milton each maintain and staff a fire department (each referred to herein as an “agency”) for the purposes of fire suppression, protection, and prevention, and for emergency medical services; and, WHEREAS, The County of Cherokee and City of Milton have determined that it is to the mutual advantage and benefit of each of the parties hereto that they render supplemental fire suppression and protection to the other party in the event of fire or other local emergency and take part in joint training exercises; and, WHEREAS, it is the desire of the signatories hereto to enter into this Agreement for automatic aid and first response and mutual aid, pursuant to the 1983 Constitution of the State of Georgia, Article IX, Section II, Paragraph 3 and Article IX, Section III, Paragraph 1. NOW THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties hereunto agree as follows: ARTICLE 1.1 – AUTOMATIC AID Paragraph 1.1.0 The parties shall establish a mutually beneficial response district (the “Automatic Aid Area”) within their jurisdictions up to certain feasible boundary limits as agreed upon by the Cherokee County Fire Chief and the City of Milton Fire Chief. Paragraph 1.1.1 In the event any fire, rescue situation, disturbance, or other fire related local emergency occurs in the Automatic Aid Area, the County of Cherokee and the City of Milton shall provide such fire suppression, prevention, protection and rescue services as may be reasonably required to cope with such emergency, as part of the first response assignment to ensure that all residential properties in each jurisdiction are located within five (5) miles of a fire station of either jurisdiction, subject to the limitations set forth in this Agreement. ARTICLE 1.2 – MUTUAL AID Paragraph 1.2.0. Each party acknowledges that the timing of each request for mutual aid is critical to the effectiveness of the assistance being requested. Each party agrees that in order to expedite the response to each request for mutual aid, field officers should make the request for mutual aid as soon and in the most direct manner as possible and that the requesting party’s designee may be the incident commander or the officer (or acting officer) on the apparatus responding to the incident. When either party determines that it is necessary to request mutual aid, the requesting party or its designee is authorized to make the request in either of these ways: Via radio directly from the requesting jurisdiction’s unit to the requested jurisdiction’s dispatcher center; and/or By telephone between dispatch centers. Both of these methods ensure that unit assignment and status is heard and understood by the providing jurisdiction’s dispatch center and that the request is captured in audio documentation. It is expressly acknowledged and agreed by both parties that any obligations and/or requests for mutual aid shall be secondary to the duties and obligations of each respective agency to its own City/County and shall be provided only on an “as available” basis. Paragraph 1.2.1. Each party agrees that it is to the mutual advantage of both parties to provide supplemental fire suppression, protection, and prevention equipment and/or personnel to each other in the event of a fire or other emergency when the local jurisdiction’s primary resources are insufficient to contain the situation in an adequate or timely manner. The party requesting mutual aid is responsible for identifying specific needs regarding equipment and/or personnel. The party furnishing mutual aid will determine the actual amount of aid to be extended in each instance based on the availability of personnel and/or equipment in light of the specific needs identified. The Fire Chief of the agency furnishing aid shall have the sole authority to determine the amount and type of personnel and equipment, if any, available for operational assistance, and such agency will provide operational assistance only to the extent that the personnel and equipment are not required for adequate protection of that agency. The equipment and/or personnel provided for mutual aid may be recalled at the sole discretion of the furnishing jurisdiction. ARTICLE 2 – SCOPE/TRAINING Paragraph 2.0 The party furnishing mutual aid within the other party’s jurisdiction shall determine the actual amount of equipment and staff it will extend in each instance of emergency aid based on the available personnel and equipment and on local conditions at the time of the emergency. Paragraph 2.1 It is further agreed that the parties will participate in joint training exercises in order to insure basic standardization of operations and philosophy, to the extent necessary as determined and agreed upon by the Fire Chief for each party. ARTICLE 3 – SUPERVISORS Paragraph 3.0 If a Battalion Chief or Acting Battalion Chief is requested to respond to a particular incident, then that officer is expected to coordinate and give general directions as to the work to be done. This officer is expected to be in command until properly relieved by a Chief Officer of the jurisdiction receiving the aid. Paragraph 3.1 Personnel who are furnished will work as far as possible under their own supervisor and with their own equipment, except as otherwise provided in Paragraph 3.0. Paragraph 3.2 All general direction relative to the work will be given by the appropriate officers of the jurisdiction receiving the aid, except as otherwise provided in Paragraph 3.0. ARTICLE 4 – LIABILITY Paragraph 4.0 There shall be no liability imposed on any party or its personnel for failure to respond to requests for aid pursuant to this Agreement. Paragraph 4.1 Every employee shall be deemed to be the employee of and agent for his/her regular employer, and under no circumstances shall any employee be deemed to be an employee or agent of any entity other than his/her regular employer. Paragraph 4.2 All damages or repairs to any equipment or apparatus that occur during the provision of aid under this Agreement shall be the responsibility of the owner jurisdiction, except as otherwise provided in Article 5 of this Agreement and/or in accordance with O.C.G.A. § 38-3-30. ARTICLE 5 – COMPENSATION Paragraph 5.0 No party under this Agreement will be required to pay any compensation or reimbursement to the other party, or any employee, officer or agent thereof, under this Agreement for services rendered pursuant to this Agreement. Each party shall pay its own personnel without cost to the other party, except as otherwise provided in this Article 5 and/or in accordance with O.C.G.A. § 38-3-30. Paragraph 5.1 The mutual advantage and protection afforded by this Agreement is considered adequate compensation to both parties. Paragraph 5.2 Each party to this Agreement shall comply with Workers Compensation laws of the State of Georgia without any cost to the other party. Paragraph 5.3 Notwithstanding any other provision set forth in this Agreement, the parties agree that a party requesting assistance (“Requesting Party”) under this Agreement shall reimburse a party providing assistance (“Providing Party”) for those certain costs and expenses set forth in O.C.G.A. § 38-3-30 when assistance has been requested for an event for which a declaration of state of emergency or disaster has been or, subsequently, is made. F urther, for purposes of eligible costs recognized by the Federal Emergency Management Agency (“FEMA”), a Requesting Party shall claim the eligible costs of the Providing Party, pursuant to the terms and conditions of this Agreement and FEMA’s Disaster Assistance Policy 9523.6, “Mutual Aid Agreements for Public Assistance and Fire Management Assistance.” The Requesting Party agrees to claim such eligible costs on its subgrant application and to disburse the appropriate share of federal funds to the Providing Party. Notwithstanding the provisions of this Paragraph, a Providing Party may determine to donate assets of any kind to a Requesting Party. ARTICLE 6 – RELEASE OF CLAIMS Paragraph 6.0 Each of the parties agrees, to the extent, if any, allowed by law, to release, indemnify, defend, and forever hold harmless the other party, including its officers, boards, commissions, elected officials, employees and agents, from any and all liabilities, claims, judgment, cost or demands for damage or injury to any person or property whether directly arising or indirectly arising out of the use of any vehicle, equipment or apparatus being used by the other party or other act of the other party during the provision of service pursuant to this Agreement, except as otherwise provided in Article 5 of this Agreement and/or in accordance with O.C.G.A. § 38-3-30. ARTICLE 7 – NO THIRD PARTY RIGHTS Paragraph 7.0 This Agreement does not create any rights in or for any third party or parties and shall not be construed as, or deemed to be, an Agreement for the benefit of any third party or parties, and no third party or parties shall have the right of action hereunder for any cause whatsoever. ARTICLE 8 – INJURIES TO PERSONNEL Paragraph 8.0 Any and all damage or other compensation of any type or kind which is required to be paid to an employee of either party by reason of an injury occurring while their services are being utilized pursuant to this Agreement shall be the sole liability and responsibility of the party regularly employing such person, except as otherwise provided in Article 5 of this Agreement and/or in accordance with O.C.G.A. § 38-3-30. ARTICLE 9 – TERM OF AGREEMENT Paragraph 9.0 This Agreement shall commence on the date of its approval and entry into the minutes of the governing body of the County of Cherokee County and the minutes of the governing body of the City of Milton and shall continue until the 31st day of December 2013. This Agreement shall automatically be renewed by the parties on January 1, 2014 and each year thereafter on January 1st unless and until written notice of termination or modification is received by either party from the other within ninety (90) days of the expiration of the term of this Agreement on December 31, 2013 and each December 31st thereafter. This Agreement, if not terminated earlier as provided herein, shall terminate absolutely and without automatic renewal fifty (50) years after the date of execution of this Agreement. Paragraph 9.1 Nothing in this Article shall preclude termination pursuant to Article 13. ARTICLE 10 – DISPATCHING OF ALARM Paragraph 10.0 The City of Milton shall have one (1) engine automatically dispatched to all structure fires and structure fire alarms in the Automatic Aid Area of Cherokee County, and every such engine shall be designated in the Milton County E911 center engine run list. Paragraph 10.1 The County of Cherokee shall have one (1) engine automatically dispatched to all structure fires and structure fire alarms in the Automatic Aid Area of City of Milton, and every such engine shall be designated in the Cherokee County E911 engine run list. ARTICLE 11 – ADMINISTRATION Paragraph 11.0 It is agreed by each of the parties that for the purpose of liaison and administration, the County of Cherokee Fire Chief and the City of Milton Fire Chief shall be jointly responsible. ARTICLE 12 – ENTIRE AGREEMENT Paragraph 12.0 This Agreement shall constitute the entire Agreement between both parties and no modification shall be binding upon the parties unless evidenced by a subsequent written agreement signed by the City of Milton acting by and through the elected officials, and County of Cherokee, acting by and through the elected officials. Paragraph 12.1 This Agreement shall be the sole instrument for the provision of emergency fire service between the parties hereto. ARTICLE 13 – TERMINATION Paragraph 13.0 Either party to this Agreement may terminate this Agreement for convenience by written notice of termination to the other party, and upon the running of (90) days from such written notice this Agreement shall be terminated. The termination of this Agreement by either party does not absolve either party from performing its obligations under this Agreement that arose prior to the date of termination. ARTICLE 14 – SEVERABILITY OF TERMS Paragraph 14.0 In the event any part or provision of this Agreement is held to be invalid, the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect. ARTICLE 15 – GOVERNING LAW Paragraph 15.0 This Agreement shall be governed in all respects as to the validity, construction, performance, or otherwise by the laws of the State of Georgia. ARTICLE 16 – NONDISCRIMINATION Paragraph 16.0 In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the parties agree that, during performance of this Agreement, the parties, for themselves, their assignees and successors in interest, will not discriminate against any employee or applicant for employment, any contractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the parties agree to comply with all applicable implementing regulations and shall include the provisions of this Section in every contract for services contemplated under this Agreement. ARTICLE 17 – E-VERIFY Paragraph 17.0 Pursuant to O.C.G.A. § 13-10-91, et seq., the Parties shall not enter into a contract for the physical performance of services within the State of Georgia unless the other Party shall provide evidence on forms attached hereto as Exhibits “A” and “B” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the contract to ensure that no unauthorized aliens will be employed. Each Party hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “A”, and submitted such affidavit to the other Party. In the event a Party employs or contracts with any subcontractor(s) in connection with the covered contract, the Party employing or contracting with any subcontractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “B”, and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. The Parties hereby agree to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. Each Party’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit, attached hereto as Exhibit “B” and incorporated herein by this reference. The Parties agree that the employee-number category designated below is correct in relation that that Party’s employee status. CHEROKEE COUNTY: ____ 500 or more employees ____ 100 or more employees ____ Fewer than 100 employees MILTON: ____ 500 or more employees ____ 100 or more employees ____ Fewer than 100 employees Each Party hereby agrees that, in the event it employs or contracts with any subcontractor(s) in connection with this Agreement, such Party will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee- number category that is applicable to the subcontractor. 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. IN WITNESS WHEREOF, the parties hereof and hereto set their hands and seals. Cherokee County City of Milton ____________________________ ________________________________ L.B. Ahrens, Chairman Joe Lockwood, Mayor Cherokee County Board of Commissioners Milton City Council ____________________________ ________________________________ Tim Prather, Fire Chief Robert Edgar, Fire Chief Cherokee County City of Milton EXHIBIT “A” STATE OF GEORGIA CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the entity which is engaged in the physical performance of services with ____________ (local government) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned will continue to use the federal work authorization program throughout the contract period and the undersigned will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit with the information required by O.C.G.A. § 13-10-91(b). The undersigned hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Local Government Entity _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 8 EXHIBIT “B” STATE OF GEORGIA SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _______________________ (name of local government) working with _____________ (name of other local government) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub- subcontractor to ___________ (local government) within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to ___________ (local government). Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _____________________________ HOME OF ' A.__. ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: October 16, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Third Amendment to an intergovernmental Agreement between the City of Milton, Georgia and the City of Johns Creek, Georgia for the Provision of Information Technology Services. MEETING DATE: Monday, October 21, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY A TTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED.- YES APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR. l 0 Z//-3 UTAu_.-I () NOT APPROVED O NO () NO () NOT APPROVED rAill 1 9,11", M.YOU(M PHONE: 678.242.25001 FAX: 67$.242.2499 `.4jreE'11 + CRiryfud Community ez� infofcityofm!Ito nga.us I www.cityofmilfonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - Cffl TIF1ED BRo N2f - B THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT This Third Amendment to the Intergovernmental Agreement (the "Amendment") entered into by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia ("Milton") and the CITY OF JOHNS CREEK, GEORGIA, a municipal corporation in the State of Georgia ("Johns Creek") WITNESSETH: WHEREAS, Milton and Johns Creek entered into an Intergovernmental Agreement dated November, 1, 2010, which was amended by an Amendment to the Intergovernmental Agreement dated, November 1, 2011 and 2012 (as amended the "IGA"); and WHEREAS, Milton and Johns Creek desire to amend the IGA": NOW THEREFORE, the parties do hereby agree as follows: 1) Recitals. The above recitals are not mere recitals, but material terms of this Agreement and are made a part hereof. 2) Amendment. Paragraph 4.1 of the IGA is hereby amended by deleting the amount "$18,457.34 per month" and replacing it with $3,403.64 per month plus a daily charge of $525.00 for Tier 2 IT Services and $650.00 for Tier 3 IT Services "when requested". 3) Effect of Amendment. Except as expressly amended herein the IGA is and remains in full force and effect. 4) Counterparts. This Amendment may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instniment. IN WITNESS WHEREOF, Johns Creek and Milton have caused this Intergoveinmental Agreement to be executed in their respective official name and have caused their respective official seals to be hereunto affixed and attested by their duly authorized officers, all as of the dates set forth below. This day of , 2013. CITY OF JOHNS CREEK Attested: Michael E. Bodker, Mayor Joan C. Jones, City Clerk (Seal) 1 INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF INFORMATION TECHNOLOGY SERVICES BY AND BETWEEN THE CITY OF JOHNS CREEK, GEORGIA and THE CITY OF MILTON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT, by and between the City of Johns Creek, Georgia (“Johns Creek”) and the City of Milton, Georgia (“Milton”) entered into this _____ day of November, 2010 (the parties collectively referred to herein as the “Cities”). WHEREAS, the City of Johns Creek, Georgia is a municipality created by the 2006 Georgia General Assembly and incorporated in December 2006; and WHEREAS, the City of Milton is a municipality created by the 2006 Georgia General Assembly and incorporated in December 2006; and WHEREAS, both cities have been performing separate Information Technology (IT) and Geographic Information System (GIS) functions to support their staffs; and WHEREAS, it is the mission of both cities to provide efficient services to their residents; and WHEREAS, both cities desire to enter into an Intergovernmental Agreement to provide a full range of IT and GIS services to both governments and capitalize on economies of scale that may be realized by combining services; and WHEREAS, both Cities wish to agree upon a scope of services and the cost for such services to effect Johns Creek’s provision of IT and GIS services to the City of Milton; and WHEREAS, both Cities desire to maintain a mutually beneficial, efficient and cooperative relationship that will promote the interests of the citizens of both jurisdictions; and WHEREAS, both Cites have authorized the execution of this Intergovernmental Agreement through appropriate Resolutions adopted by their respective governing bodies. NOW THEREFORE, in consideration of the following mutual obligations, Johns Creek and Milton agree as follows: ARTICLE I PURPOSE AND INTENT 1.1 The purpose of this Agreement is to provide Information Technology (IT) and Geographic Information System (GIS) services to Milton through the utilization of Johns Creek 2 employees and independent contractors, and thereby provide cost savings to both Cities by taking advantage of such economies of scale. 1.2 Johns Creek therefore agrees to provide Milton with competent, courteous, efficient and effective IT services in a manner that is consistent with typical municipal government operations as defined by the International City/County Management Association (ICMA) 1.3 Milton will pay for the costs of services delivered under this Agreement as provided herein and will cooperate with Johns Creek in the provision of such services. 1.4 Johns Creek shall ensure that all independent contractors providing services to Milton under this Agreement comply with the requirements of O.C.G.A. § 50-36-1. Johns Creek shall ensure that its agreements with all such independent contractors shall include a provision naming the City of Milton, Georgia as a third party beneficiary to Johns Creek’s agreements with such independent contractors. Johns Creek shall require all such independent contractors to name the City of Milton as an additional insured on their policies of insurance and to provide proof of such coverage satisfactory to Milton. ARTICLE II DEFINITIONS 2.1 “Full-Time Equivalent (FTE),” which refers to the amount of time an individual performs services required herein, shall mean that the individual works an average of forty (40) hours per week in delivering such services. 2.2 “Staff” shall collectively mean all persons providing the services required hereunder whether such persons are employees or independent contractors of Johns Creek. “Staff member” shall mean any singular individual comprising “staff.” 2.3 “Tier 1 Support” shall mean the initial support level, which requires staff trained and experienced in addressing basic IT issues. 2.4 “Tier 2 Support” shall mean a more in-depth and intermediary support level, which requires staff with more professional training, knowledge and experience than required by staff capable of addressing only Tier 1 Support issues. 2.5 “Tier 3 Support” shall mean the highest support level, which requires staff with the professional training, knowledge and experience necessary for handling the most difficult and complex IT issues. ARTICLE III SCOPE OF SERVICES 3.1 IT Services. 3 3.1.1 Johns Creek will provide staff to Milton in accordance with Exhibit A, which is attached hereto and incorporated herein, to maintain and control all IT functions for the City of Milton including, but not limited to, the following: approximately twenty (20) servers and network appliances, most of which have dedicated roles and run Server 2008 to include Active Directory, Exchange 2010, SQL Server, Hyper-V, print server, and host third party apps Like ICOP, Firehouse Web, ARC-GIS and Shoretel (VOIP system), Energov, OSSI Mobile Field Reporting, Netmotion Wireless, and Tyler Incode applications. 3.1.2 It is generally expected that an experienced staff member will be onsite during normal business hours (8am to 5pm, Monday through Friday to equate to approximately 2080 hours annually). It is understood that the day to day staff member may be an employee of an independent contractor and, in the case that any such employee takes vacation, a non-Milton holiday, or sick leave or other leave, a replacement staff member will be provided by Johns Creek to Milton to maintain onsite coverage. It is understood that a staff member will be present for all council meetings in order to operate necessary equipment. Further, each staff member provided by Johns Creek will pass a criminal background check, conducted by the Milton Police Department, and drug screening; however, if any staff member has passed a criminal background check or drug screening performed within the four (4) months preceding the execution of this Agreement, Milton shall accept the results of same as meeting the requirements hereof. 3.1.3 Due to the nature of local government, it is expected that Johns Creek will provide an on-call phone number to handle emergencies that may occur outside normal business hours. Response to emergency calls should be within one hour. 3.1.4 At the discretion of Johns Creek, Milton will make all systems available for staff to be able to remote in to each desktop in order to resolve issues from a “help-desk” type setup. 3.1.5 Staff performing Tier 3 Support will provide strategic direction to Milton in order to assure that Milton will have the opportunity to keep up with technology and remain current with tools associated with each profession. 3.1.6 Milton’s City Manager will be notified of all major problems and will approve all overhauls, rebuilds and significant changes. 3.1.7 In accordance with Exhibit A, Johns Creek staff performing Tier 3 Support shall attend Milton staff meetings as requested by the City Manager of Milton. 3.1.8 In the event the City Manager of Milton becomes dissatisfied with the services being provided by any staff member, the City Manager of Milton shall address any such concerns with the City Manager of Johns Creek. If after a reasonable period of time thereafter, the City Manager of Milton remains dissatisfied with the services being provided by a st aff member, the City Manager of Milton shall have the opportunity to request replacement of any such staff member. For any such request, the City Manager of Johns Creek will review the request made and then promptly respond to same. 3.1.9 Johns Creek will promptly notify Milton of any resignations, transfers or terminations of staff. 4 3.1.10 Notwithstanding the effective date of this Agreement and Article 5 hereof, Johns Creek shall not be responsible for providing IT services until December 1, 2010. 3.2 GIS Services. 3.2.1 Johns Creek will provide staff to Milton in order to maintain a GIS system for Milton. It is understood that this function may be performed from anywhere. It is expected that an assigned staff member will be available during normal business hours to answer any inquiries or address any issues related to GIS services. Further, it is expected that an assigned staff member be available on-site for a minimum of twelve (12) hours per week on at least three (3) different days for a minimum on-site time of two (2) hours. 3.2.2 Milton’s GIS system will be maintained similarly to Johns Creek’s system and offer the same level of services to residents and personnel of both cities. 3.3 Equipment. 3.3.1 Annually, IT staff performing Tier 3 Support will prepare a budget and recommend to the City Manager all equipment needs for Milton for the coming budget year. 3.3.2 The City of Milton will review recommendations of Johns Creek regarding necessary equipment and will consider purchasing, and will maintain after purchase, all equipment necessary, as determined by Milton, to operate IT services and GIS services in the City of Milton. Both parties agree that Johns Creek shall not be responsible for the cost to repair, maintain or purchase any equipment utilized by Milton. 3.3.3 Milton will consider all recommendations for equipment and strive to budget for all replacement programs and maintenance. ARTICLE 4 COMPENSATION AND CONSIDERATION 4.1 For the services to be rendered pursuant to this Agreement, as amended, Milton shall pay to Johns Creek $17,886.663,403.64 per month plus, when requested, a daily charge of $525.00 for Tier 2 IT Services and $650 for Tier 3 IT Services, which sum shall be remitted to Johns Creek on or before the 15th (fifteenth) day of each month of the term. This amount is due in full each month. 4.2 Notwithstanding the provisions of Article 4.1, since the provision of IT services shall not commence until December 1, 2010, for the month of November, 2010, Milton shall pay to Johns Creek the sum of $7,200.00, which shall be remitted to Johns Creek on or before November 15, 2010. ARTICLE 5 TERM OF AGREEMENT 5 5.1 This Agreement shall commence upon execution by all parties to this Agreement and shall continue in effect for a period of twelve (12) months (“initial term”). Thereafter, this Agreement shall be renewed for up to five (5) successive twelve (12) month periods (each twelve (12) month period occurring after the initial term shall be referred to as a “renewal term”), unless either party provides the other party with notice to terminate the Agreement no less than sixty (60) calendar days prior to the expiration of the initial term. At the expiration of each renewal term, this Agreement shall be automatically renewed for an additional twelve (12) month term, unless either party furnishes the other party written notice of its intent not to renew this Agreement not less than sixty (60) calendar days prior to the expiration of such renewal term. 5.2 Not less than sixty (60) calendar days prior to the expiration of the initial term or renewal term, as applicable, Johns Creek shall provide Milton with the cost for services for the subsequent renewal term. Such change in cost shall be effected by the execution of an Amendment to Section 4.1 of this Agreement, which shall provide the compensation and consideration for the subsequent renewal term. ARTICLE 6 EMPLOYMENT STATUS No staff provided under this Agreement shall be deemed to be employees of Milton for any purpose, including but not limited to: employee benefits, grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training, workers compensation or disciplinary functions. However, Milton acknowledges and agrees that, except for those staff members identified in Exhibit A as providing Tier 3 Support, all other staff members are the employees of an independent contractor, and not the employees of, Johns Creek. ARTICLE 7 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 to Milton, subject to the provision of O.C.G.A. §50-14-1 et seq., and Johns Creek agrees to require its independent contractor providing services hereunder to allow access by Milton and the public to all documents subject to disclosure under applicable law. Johns Creek further agrees to require its independent contractor providing services hereunder to retain all public records in accordance with Milton’s records retention and disposal policies, O.C.G.A. 50-18-92 et. seq. and the Georgia Administrative Code. ARTICLE 8 INDEMNIFICATION 8.1 It is the intent of the parties to be covered by the sovereign immunity granted by Georgia law. Only to the extent permitted by law, Johns Creek shall defend, indemnify and hold harmless Milton and its officers, employees, or agents from any and all liability, losses or damages, including attorneys’ fees and costs of defense, which Milton or its officers, employees, 6 or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by Johns Creek, its employees, officers and agents. Milton shall promptly notify Johns Creek of each claim, assert all statutory defenses, cooperate with Johns Creek in the defense and resolution of each claim and not settle or otherwise dispose of the claim without Johns Creek’s participation. 8.2 It is the intent of the parties to be covered by the sovereign immunity granted by Georgia law. Only to the extent permitted by law, Milton shall defend, indemnify and hold harmless Johns Creek and its officers, employees, or agents from any and all liability, losses or damages, including attorneys’ fees and costs of defense, which Johns Creek or its officers, employees, or agents may incur as a result of any claim, demand, suit, o r cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by Milton, its employees, officers and agents. Johns Creek shall promptly notify Milton of each claim, assert all statutory defenses, cooperate with Milton in the defense and resolution of each claim and not settle or otherwise dispose of the claim without Milton’s participation. 8.3 Notwithstanding the foregoing provisions of this Article 8, Milton acknowledges and agrees that many of the services provided within this Agreement are provided by an independent contractor of Johns Creek. Accordingly, to the extent any such liability, losses or damages, including attorneys’ fees and costs of defense, are incurred by Milton or its officers, employees, or agents, as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent actions or omissions of Johns Creek’s independent contractor, Milton agrees that it will look solely to such independent contractor for any indemnification provided hereunder. 8.4 The immunity and indemnification provisions of this Agreement shall survive termination of this Agreement for any claims that may be filed after the termination date of the Agreement provided the claims are based upon actions that occurred during the performance of this Agreement. ARTICLE 9 EVENT OF DEFAULT 9.1 An event of default shall mean a material breach of this Agreement by Johns Creek as follows: 9.1.1 Johns Creek repeatedly disregards reasonable priorities established by the City Manager of Milton which Johns Creek is required to observe by this Agreement and which have been communicated in writing by action of the City Manager to Milton on more than one occasion. 9.1.2 Johns Creek does not provide sufficient staff in accordance with this Agreement. 7 9.2 An event of default shall mean a material breach of this Agreement by Milton as follows: 9.2.1 Milton unreasonably fails to provide sufficient equipment for the successful delivery of services provided herein, as reasonably recommended by Johns Creek. 9.2.2 Milton fails to make timely payment of the sums provided in Article 4. ARTICLE 10 TERMINATION AND REMEDIES 10.1 Except as outlined in Article 5 of this Agreement, the Cities may terminate this Agreement only for an event of default, unless the default is cured as provided in this article. 10.2 If an event of default occurs in the determination of Milton, Milton shall notify Johns Creek in writing, specify the basis for the default and advise Johns Creek that the default must be cured to Milton’s reasonable satisfaction within a sixty (60) day period. Milton may grant additional time to cure the default, as Milton may deem appropriate, without waiver of any of its rights, so long as Johns Creek has commenced curing the default and is effectuating a cure with diligence and continuity during the sixty (60) day period, or any longer period which Milton prescribes. Failure to cure the default within the applicable period of time shall make this Agreement subject to immediate termination by Milton. 10.3 Except for an event of default caused by Milton’s failure to make timely payment of the sums provided for in Article 4, if an event of default occurs in the determination of Johns Creek, Johns Creek shall notify Milton in writing, specify the basis for the default and advise Milton that the default must be cured to Johns Creek’s reasonable satisfaction within a sixty (60) day period. Johns Creek may grant additional time to cure the default, as Johns Creek may deem appropriate, without waiver of any of its rights, so long as Milton has commenced curing the default and is effectuating a cure with diligence and continuity during the sixty (60) day period, or any longer period which Johns Creek prescribes. Failure to cure the default within the applicable period of time shall make this Agreement subject to immediate termination by Johns Creek. 10.4 If an event of default occurs as a result of Milton’s failure to make timely payment of the sums provided for in Article 4, this Agreement shall be subject to i mmediate termination by Johns Creek. 10.5 In the event that either party breaches any other material term or condition of this Agreement, other than a material breaching constituting an event of default, the party in breach, upon receipt of a written request from the non-breaching party, shall remedy the breach within thirty (30) days of receipt of the request. If the breach is not cured within the specified time period, the non-breaching party may utilize the remedies of declaratory judgment, specific performance, mandamus or injunctive relief to compel the breaching party to remedy the breach. 10.6 The parties reserve all available remedies afforded by law to enforce any term or condition of this Agreement. 8 ARTICLE 11 NOTICES All required notices shall be given by first class mail, except that any notice of termination shall be mailed via U.S. Mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: If to the City of Johns Creek: John J. Kachmar, Jr., City Manager City of Johns Creek 12000 Findley Rd., Suite 400 Johns Creek, Georgia 30097 With a copy to: William F. Riley, Jr., City Attorney City of Johns Creek 12000 Findley Rd., Suite 400 Johns Creek, Georgia 30097 If to the City of Milton: Christopher J. Lagerbloom, City Manager 13000 Deerfield Parkway Suite 107 Milton, Georgia 30004 With a Copy to: Ken Jarrard, City Attorney Jarrard & Davis, LLP 105 Pilgrim Village Drive, Suite 200 Cumming, Georgia 30040 ARTICLE 12 NON-ASSIGNABILITY Except as otherwise provided for herein, neither of the Cities shall assign any of the obligations or benefits of this Agreement without the mutual written consent by resolution of the council of the other City. ARTICLE 13 ENTIRE AGREEMENT The Cities acknowledge that the terms of this Agreement constitute the entire understanding and agreement of the Cities regarding the subject matter of th is Agreement. ARTICLE 14 AMENDMENT 9 This Agreement may be modified at any time upon mutual written consent by resolutions of the councils of the Cities. ARTICLE 15 SEVERABILITY 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. ARTICLE 16 BINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the respective Cities’ successors, heirs and assigns. ARTICLE 17 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. ARTICLE 18 GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Georgia and proper venue for any actions arising out of this Agreement shall be in the Superior Court of Fulton County. ARTICLE 19 EVERIFY E-VERIFY. It is the policy of the Parties that unauthorized aliens shall not be employed to perform work on behalf of either Party for contracts involving the physical performance of services. Therefore, neither Party will enter into a contract for the physical performance of services within the State of Georgia unless: Formatted: Font: Bold Formatted: Centered 10 (1) the Party providing the service shall provide evidence on approved forms, attached hereto as Exhibits “B” and “C” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and either Party’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work under the contract to ensure that no unauthorized aliens will be employed, or (2) the Party providing the service provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Party providing service hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “B”, and submitted such affidavit to the other Party or provided the other Party with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, the Party providing service hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Party providing service employs or contracts with any subcontractor(s) in connection with the covered contract, the Party providing service agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “C”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, the Party providing service agrees to provide a completed copy to the other Party within five (5) business days of receipt from any subcontractor. Where the Party providing service is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the other Party’s manager or his/her designee shall be authorized to conduct an inspection of the Party providing service subcontractors’ verification process at any time to determine that the verification was correct and complete. The Party providing service and the Party providing service’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where the Party providing service is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the other Party’s Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no subcontractors employ unauthorized aliens. By entering into a contract with the other Party, the Party providing service and the Party providing service’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Party providing service or a Party providing service’s subcontractors are found to have employed an unauthorized alien, the other Party’s Manager or his/her designee may report same to the 11 Department of Homeland Security. The Party providing service’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Party providing service shall be liable for all damages and delays occasioned by the other Party thereby. The Party providing service agrees that the employee-number category designated below is applicable. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. The Party providing service hereby agrees that, in the event the Party providing service employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13 -10-91, the Party providing service will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. 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. ARTICLE 20 COMPLIANCE WITH TITLE VI In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, both Parties agree that, during performance of this Agreement, the Party providing service, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the Party providing service agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 20 in every subcontract for services contemplated or that otherwise may arise under this Agreement. IN WITNESS WHEREOF, the Participating Cities have executed this Agreement through their duly authorized officers on the day and year first above written. Formatted: Font: Bold Formatted: Centered Formatted: Font: Bold Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 0" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt 12 CITY OF JOHNS CREEK, GEORGIA ATTEST: __________________________________ _________________________________ Michael E. Bodker, Mayor City Clerk (SEAL) Approved as to form: __________________________________ _________________________________ William F. Riley, Jr., City Attorney John Kachmar, City Manager CITY OF MILTON, GEORGIA ATTEST: __________________________________ _________________________________ Joe Lockwood, Mayor City Clerk (SEAL) Approved as to form: __________________________________ _________________________________ Ken Jarrard, City Attorney Christopher J. Lagerbloom, City Manager 13 EXHIBIT A (AS AMENDED) SCOPE OF SERVICES 1. INFORMATION TECHNOLOGY SERVICES Johns Creek shall provide IT services to Milton through the allocation of staff equivalent to 1.0 FTE’s (or forty (40) hours/week), as further described: 1.1 Tier 1 Services - Onsite Support – Staff shall be provided at the equivalent of 1 FTE to deliver the following services: Desktop, Server, and Telecom/Networking support Attends council and staff meetings as directed by the City Manager of Milton Manages projects and day-to-day IT operations Responsible for contract and purchasing management Provides management and direction for contract technician Milton acknowledges and agrees that Tier 1 Services are provided by an independent contractor of Johns Creek. Such services shall include the provision of a staff member to serve as IT Manager, whose services, duties and functions are further described in Attachment A-1, which is attached hereto and incorporated herein. 1.2 Tier 2 Services – IT Onsite Support – Staff shall be provided at the request of the City Manager of Milton to deliver the following services: Desktop, Server, and Telecom/Networking support Attends staff meetings as directed by the City Manager of Milton Manages day-to-day IT operations Milton acknowledges and agrees that Tier 2 Services are provided by an independent contractor of Johns Creek. Such services shall include the provision of a staff member whose services, duties and functions are further described in Attachment A-1, which is attached hereto and incorporated herein. 1.3 Tier 3 Services - IT Administrative Support – Staff shall be provided at the request of the City Manager of Milton to deliver the following services: Desktop, Server, and Telecom/Networking support 14 Attends staff meetings Assists the city with budget preparation and recommendations Provides senior guidance and recommendations for technology initiatives Milton acknowledges and agrees that Tier 3 Services are provided by employees of Johns Creek. Such services shall generally include those types of services, duties and functions falling within the functions of an IT Director. 2. GIS SERVICES Johns Creek shall provide GIS services to Milton through the allocation of staff equivalent to 0.4 0.3 FTE for GIS Manager and/or for GIS Analyst , as further described: Responsible for all GIS related functions for the city of Milton Data entry, map creation, and data validation Milton acknowledges and agrees that GIS services are provided by an independent contractor of Johns Creek. Such services shall include the provision of a staff member(s) to serve as a GIS Manager and GIS Analyst, whose services, duties and functions are further described in Attachments A-2 and A-3 A-1 and A-2, respectively, which are attached hereto and incorporated herein. ATTACHMENT A-1 The job functions performed by the staff member performing the services of IT Manager shall include, but not be limited to, the following: 1. Monitor the operations, troubleshooting, performance problem diagnosis, repair and routine maintenance of all technical systems supporting city operations; 2. Routinely be on-site at Milton City Hall, Monday – Friday, 8:00am – 5:00pm, as requested by Milton (unless otherwise scheduled), and remain uncovered during times of approved time off. The time off to be pre-approved by the independent contractor of the City of Johns Creek; 3. Analyze all system operations and modify configuration and parameter settings as required to achieve optimal system performance; 4. Revise system operations documentation as needed; 5. Perform troubleshooting, repair and provide oversight of application support & maintenance; 6. Ensure that reports are available and accurate from each of the systems; 7. Assist in implementation of technical projects; 15 8. Recommend technical policies and standards; 9. Assist in preparation of RFPs and evaluation of vendor proposals for systems hardware and software purchases; 10. Assist in developing departmental Standard Operating Procedures dealing with technology issues; 11. Communicate with customer agencies as necessary; 12. Assist in developing long range strategies for technical migration; 13. Carry pager and/or cell phone to respond to system emergencies (24 hours and 7 days/week); 14. Research and review information related to emerging technology including state-of-the-art voice, data, and computerized systems; 15. Attend various meetings related to technical systems. This position will report directly to an independent contractor of the City of Johns Creek, while receiving day to day assignments from the assistant City Manager of the City of Milton ATTACHMENT A-2 A-1 The job functions performed by the staff member performing the services of GIS Manager shall include, but not be limited to, the following: 1. GIS Development: a. Design, develop and continually maintain hardware/software related to the GIS (i.e., database, web server(s), mobile unit(s)) and make recommendations as to future improvements; b. Perform system administrator role of GIS database and servers utilizing multi-user editing environments, data versioning, data quality control, and map service maintenance while maintaining data integrity and security; c. Perform computer programming, data analysis, and software development for GIS applications, including the maintenance of existing systems and research and development of future enhancements; d. Lead, train and supervise technicians, field staff and/or others in the conduct of GIS analytical procedures and City GIS data standards; e. Proactively develop and provide GIS solutions to Milton departments and divisions; 16 f. Support other third-party systems utilizing GIS; g. Meet with City staff and vendors to discuss topics such as technical specifications and customized solutions that solve operational problems; and h. Assist in the development of a robust GIS website as part of the Milton website. 2. General Mapping and Data Analysis: a. Collect, compile, improve and/or integrate GIS data and metadata in Milton database; b. Produce data layers, maps, tables, or reports using simple spatial analysis procedures and GIS technology, equipment, or systems; c. Create visual representations of geospatial data applying complex procedures such as analytical modeling and/or three-dimensional renderings to effectively communicate data and analysis results; and d. Assist Milton staff in creation and execution of simple and/or advanced mapping and data analysis tasks as well as provide technical expertise to other clients/users . 3. Administrative: a. Serve as main point of contact of GIS for Milton staff, vendors and/or citizens/customers; b. Coordinate the development and/or administration of GIS projects, including the development of technical priorities, or coordination and review of schedules and budgets with superiors in the Information Technology department, Finance, HR, City Manager and City Council; c. Interact with other local, state and federal agencies effectively in promoting the use of Milton GIS data, interoperability of data and collaboration of efforts; and d. Seek continual professional development of staff to develop a competent and confident GIS workforce. This position will report directly to an independent contractor of the City of Johns Creek, while receiving day to day assignments from the Assistant City Manager of the City of Milton. ATTACHMENT A-3 A-2 The job functions performed by the staff member performing the services of GIS Analyst shall include, but not be limited to, the following: 1. Support of GIS Environment: a. Assist in the maintenance of hardware/software related to the GIS (i.e., database, web server(s), mobile unit(s)); b. Perform system administrator role of GIS database and servers utilizing multi-user editing environments, data versioning, data quality control, and map service maintenance while maintaining data integrity and security; c. Support City GIS solutions; and 17 d. Support other third-party systems utilizing GIS. 2. General Mapping and Data Analysis tasks: a. Maintain and/or produce data layers, maps, tables, or reports using simple spatial analysis procedures and GIS technology, equipment, or systems; and b. Create simple mapping and data analysis tasks. This position will report to the GIS Manager in supporting the GIS services for the City of Milton. The anticipated start date is November 1, 2010. 18 EXHIBIT “B” STATE OF GEORGIA COUNTY OF FULTON PARTY PROVIDING SERVICE AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned 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 on behalf of THE City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned will continue to use the federal work authorization program throughout the contract period and the undersigned will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). The undersigned hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Party _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ________________________________ STATE OF GEORGIA Resolution 2010-10-52 COUNTY OF FULTON EXHIBIT “C” STATE OF GEORGIA COUNTY OF FULTON 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 the City of Johns Creek on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performa nce of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ________________________________ HOME OF' -�l Fr NAI L-fONI r ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: October 11, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Sublease and Option to Purchase between the City of Milton, Georgia and Fulton County for the Northwest Fulton Fire Station located at 750 Hickory Flat Road, Milton, Georgia. MEETING DATE: Monday, October 21, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 0,APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: K YES O NO CITY ATTORNEY REVIEW REQUIRED: K YES () NO APPROVAL BY CITY ATTORNEY �APPROVED ) NOTAPPROVED PLACED ON AGENDA FOR: �o zri3 REMARKS 44 ® YneID PHONE: 678.242.25001 FAX: 578.242.2499 Gree " n * Certified ; info4cityofm1ltonga.us l www.cityofmiltonga.us Community Lh 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 E. °.Er F '4'. a Page 1 of 2 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on October 16, 2013 for the October 21, 2013 Regular Council Meeting Agenda Item: Consideration of a Sublease and Option to Purchase between the City of Milton, Georgia and Fulton County for the Northwest Fulton Fire Station Located at 750 Hickory Flat Road, Milton, Georgia _________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton has occupied Fire Station 43 since the inception of the city in 2006. Bonded debt remains on this facility and approximately forty-four acres of land known as the Birmingham Park. Premise is officially described as: Approximately forty-four (44) acres of land more particularly identified on Exhibit A in the lease document which includes, but is not limited to, a one story 10,500 square foot, three bay building. The property is located at the intersection of Hickory Flat Road and Old Bull Pen Road in the Birmingham area of Fulton County, Georgia and is commonly referred to as 750 Hickory Flat Rd., Milton, Fulton County, Georgia 30004. Milton is current on its lease payments, which essentially are debt service; pass through payments to Fulton County. The debt is to be retired in 2019. One of the assurances staff seeks in this sublease and option to purchase is to make sure the payments made today and over the next six years are actually applied to the outright acquisition of the facility and land and not simply lease payments. It is my opinion that the facility should be acquired once and that at the official retirement of the debt, the facility and land should transfer ownership seamlessly to Milton – and not be subject to a fair market value debate. This sublease and option to purchase accomplishes this by allowing Milton to have an option to purchase for $10.00 in October 2019. The Fulton County Board of Commissioners have already approved this sublease during their regular meeting on October 2, 2013. Should the Milton Mayor and Council approve it, it will be binding upon both parties. Page 2 of 2 Funding and Fiscal Impact: Over the course of the lease of this facility from 2009 until 2019, the costs to Milton will be $2,690,749.10. The pro-rata debt service schedule is contained as Exhibit C in the lease document. Alternatives: Do not approve the agreement and remain a tenant at will. Not advisable. Legal Review: Ken Jarrard, City Attorney Fulton County Law Department Bond Counsel Concurrent Review: None Attachment(s): Sublease and Option to Purchase No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text HOME OF ` MtjLLTON' ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: October 14, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Conflict Waiver regarding Jarrard & Davis, LLP's Representation of the City of Milton in Relation to the Second Amendment to an IGA and Sublease Agreement. MEETING DATE: Monday, October 21, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES {) NO CITY ATTORNEY REVIEW REQUIRED: YES (} NO APPROVAL BY CITY ATTORNEY KAPPROVED (} NOT APPROVED PLACED ON AGENDA FOR. REMARKS © YO11QM** PHONE: 678.242.25001 FAX: 678.242.2499 GI'e1L'11 ; cc1tvot ; 4�4 Cori °r info@cityofmiltonga.us www.cityofmiltonga.us COI]111111Jf1'11tj1 h', 13000 Deertield Parkway, Suite 107 1 Milton GA 30004 1 WAIVER OF CONFLICT WHEREAS, the City of Milton, Georgia (the “City”) is a municipal corporation of the State of Georgia; and WHEREAS, City of Milton Public Buildings and Facilities Authority (the “Authority”) is a political subdivision of the State of Georgia and a public corporation; and WHEREAS, the City is now, and has been, represented by the law firm of Jarrard & Davis, LLP; and WHEREAS, the Authority is now, and has been, represented by the law firm of Jarrard & Davis, LLP; and WHEREAS, the City and the Authority desire to enter into a Second Amendment to an Intergovernmental and Sublease Agreement (the “Amendment”) regarding the Sublease of certain property from the Authority to the City for use by the City as City Hall; and WHEREAS, the City recognizes that Jarrard & Davis, LLP’s representation of the Authority and representation of the City in relation to the Amendment could result in the appearance of a potential conflict of interest; and WHEREAS, it appearing that the governing body of the City has considered this issue; and WHEREAS, the law firm of Jarrard & Davis, LLP will continue to represent the Authority and the City; NOW THEREFORE, in light of the above, the governing body of the City of Milton, Georgia does hereby waive any apparent or potential conflict of interest arising from or attributable to JARRARD & DAVIS, LLP’S simultaneous representation of the Authority and the City regarding the Amendment. 2 This 21st day of October 2013. CITY OF MILTON, GEORGIA BY:__________________________________________ Joe Lockwood, Mayor