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HomeMy WebLinkAbout11-18-2013-Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, November 18, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Tass Welch, Community Christ 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. 13-269) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the October 21, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-270) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 18 , 2013 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the November 4, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-271) (Sudie Gordon, City Clerk) 3. Approval of an Addendum to the Professional Services Agreement between the City of Milton and Onsite Civil Group, LLC for Additional Survey Data on the Cogburn Road Sidewalk Project. (Agenda Item No. 13-272) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS 7) FIRST PRESENTATION 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services Within the City of Milton; Providing for the Scope and Nature of the Operation; Providing for the Disposal of Garbage, Solid Waste and Refuse, Requiring the Execution by Service Providers of a Non-Exclusive Agreement with the City of Milton; Providing Procedures for the Handling of Complaints; Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment and Subletting Without Consent; Providing for Forfeiture; and for Making Other Provisions. (Agenda Item No. 13-273) (Cindy Eade, Sustainability Coordinator) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to ALAR Enterprises, LLC d/b/a Chevron Food Mart, Located at 13021 Deerfield Parkway, Milton, Georgia 30004. The Applicant is Allauddin Madhani – Retail Package Sale – Wine and Malt Beverages. (Agenda Item No. 13-274) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 18 , 2013 Page 3 of 3 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 2-262(a)(2) to Provide for Piggybacking from Contracts of other Public Entities that have been Renewed or Extended. (Agenda Item No. 13-262) (First Presentation at November 4, 2013 Regular Council Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Consideration of a Resolution Adopting the 2014 City of Milton City Council Regular Meeting and Work Session Schedule. (Agenda Item No. 13-275) (Sudie Gordon, City Clerk) 2. Consideration of a Resolution to Authorize the Mayor and City Council to Approve Participation by the City of Milton in a Regional Submission of the FY13 Assistance to Firefighters Grant to the Federal Emergency Management Agency. (Agenda Item No. 13-276) (Chris Lagerbloom, City Manager) 3. Consideration of a Resolution of the City Council of Milton, Georgia Ratifying and Authorizing Payment for a Purchase of Uniforms from T&T Uniforms Pursuant to and by way of a ‘Piggyback’ on Pricing and Terms under a Contract Between T&T Uniforms and Cherokee County, Georgia and a Competitive Procurement Process Involving Clayton County, Georgia. (Agenda Item No. 13-277) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-278) The minutes were provided electronically R HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 11, 2013 FROM: City Manager AGENDA ITEM: Approval of an Addendum to the Professional Services Agreement between the City of Milton and Onsite Civil Group, LLC for Additional Survey Data on the Cogburn Road Sidewalk Project. MEETING DATE: Monday, November 18, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: WAPPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: ( YES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: REMARKS ...e. a 1p,1, �. O NOT APPROVED {) NO () NO {) NOT APPROVED Youin PHONE: 678.242.25001 FAX: 678.242.2499 11 - cnf r infofcillyofmiltonga.us I www.cifyofmilfonga.us Comrnunify h� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 1 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on November 12, 2013 for the November 18, 2013 Regular Council Meeting Agenda Item: Approval of an Addendum to the Professional Services Agreement between the City of Milton and Onsite Civil Group, LLC. for Additional Survey Data on the Cogburn Road Sidewalk Project ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: On March 4, 2013 the City Council approved a contract with Onsite Civil Group, LLC to provide survey and design services for the Cogburn Road sidewalk project. During the design and right of way acquisition process it was determined that additional work would be needed to tie-in one of the existing driveways. This additional work is to cover the survey necessary to extend the limits of the project for the driveway tie-in. Staff is recommending approval of the additional $2,350 in survey work. Funding and Fiscal Impact: This project is funded by the MARTA Offset Grant and is 100% reimbursable. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Paul Higbee, 10/17/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Addendum #1 HCVAEL P..".F 3B, : �)i MILTON'lt ESTABLISH ED 20% CHANGE ORDER 01 FOR CONSTRUCTION SERVICES AGREEMENT Sidewalk Improvement Projects on Webb Road and Cogburn Road WHEREAS, the City of Milton, Georgia and Onsite Civil Group, LLC have entered into a Construction Services Agreement (the "Agreement") dated March 1, 2013, incorporated herein by reference, for services related to the Sidewalk Improvement Projects on Webb Road and Cogburn Road; and WHEREAS, the parties desire to issue an change order pursuant to Section 4 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: 1. Section 5.0 Scope of Work: Compensation; Compensation of the Agreement is amended by replacing "... $10,250..." with "... $12,500..." 2. 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. 3. 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. 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. [SIGNATURES ON FOLLOWING PAGE] Onsite Civil Group, LLMC Signature: !/ Printed Name: Title: _ SIGNED, SEALED, AND DELIVERED in the presence of: Witness — Corporate Secretary N,t111�y^srinurrr��� ! • ��j 1LIN11l [�"l1JL =� �1 1 llyti Notary Public CS j _ �I 4v� � 4 ; fes, 9= too i ,^1 [NOTARY SEAL] w J� a W �r ��, y/l.l.11lll{�'la My Commission Expires: w � �A i � +ruua�mtin'n`�' CITY OF MILTON: Its: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: [CITY SEAL] WE HOME QF' L.1 ON* mw� ESTABLIS14ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 11, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services Within the City of Milton; Providing for the Scope and Nature of the Operation, Providing for the Disposal of Garbage, Solid Waste and Refuse. Requiring the Execution by Service Providers of a Non -Exclusive Agreement with the City of Milton; Providing Procedures for the Handling of Complaints. Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment and Subletting Without Consent; Providing for Forfeiture; and for Making Other Provisions. MEETING DATE: Monday, November 18, 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: y YES O NO CITY ATTORNEY REVIEW REQUIRED: (&'YES O NO APPROVAL BY CITY ATTORNEY (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: l 1 1'b 13 D ILL REMARKS 0 Your '°'g �� , IOP 10o PHONE: 67$.242.2500I FAX: 678.242.2499 " IiWen ciq� f * info@cityofmiltonga.us I www.cityofmiltonga.us Community Certified ty �,�-Ree' j 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 g<< To: Honorable Mayor and City Council Members From: Cindy Eade, Sustainability Coordinator Date: Submitted for the November 18, 2013 Regular Council Meeting for First Presentation and December 2, 2013 for Unfinished Business Agenda Item: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton; Providing for the Scope and Nature of the Operation; Providing for the Disposal of Garbage, Solid Waste and Refuse; Requiring the Execution by Service Providers of a Non-Exclusive Agreement with the City of Milton; Providing Procedures for the Handling of Complaints; Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment and Subletting without Consent; Providing for Forfeiture; and for Making Other Provisions. ________________________________________________________________ Department’s Recommendation Re-affirm the ordinance with no changes approving and establishing the regulation of solid waste collection services within the City of Milton, and direct City Staff to facilitate the contracting of such services to providers currently in operation and those who may become in operation. Executive Summary The original ordinance was passed on November 21, 2006 and has been approved each successive year since its original enactment. The City’s authority to enter into solid waste franchise agreements originates from this ordinance. This ordinance requires approval each year in order to continue the enforcement of our solid waste franchise agreements. The following companies are on the current list of approved haulers: Page 2 of 2 Commercial Haulers or Roll offs Residential Haulers Advanced Disposal (formerly CWS) American Disposal 1-800-Got Junk GW Lovelace Allegiance Sanitation Custom Disposal American Disposal Services Henry Edward Kincaid Arrow, Inc. Mass Services/The Dumpster Company Grogan’s Disposal Red Oak Sanitation M&M Waste Republic Services Mass Services/The Dumpster Co. Sanitation Solutions Republic Services Waste Management Waste Pro Waste Management Funding and Fiscal Impact The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the city quarterly in the amount of 5% of gross revenues. Alternatives If not approved, the City would lose its authority to regulate solid waste collection within our corporate limits and the ability to collect franchise fees for the same activity, with the accompanying loss of revenue. Legal Review: Ken Jarrard, Jarrard & Davis – October 30, 2013 Concurrent Review Chris Lagerbloom, City Manager Kathleen Field, Community Development Director Stacey Inglis, Assistant City Manager Attachments Solid Waste Ordinance (Redline Version) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 1 of 22 AN ORDINANCE REAFFIRMING AND ESTABLISHING CHAPTER 46 OF THE MILTON CODE OF ORDINANCES GOVERNING SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE; REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December -2,, at 6:00 p.m. as follows: SECTION 1. The City of Milton (“City”) seeks to provide standards of operation, regulation, and oversight in the providing of solid waste services within the corporate city limits; SECTION 2. Pursuant to past iterations of this Ordinance, the City currently recognizes the following companies as “Approved Haulers” in the City limits: 1 -800-GOT-JUNK, Advanced Disposal, Allegiance Sanitation, American Disposal Services, Arrow Inc., Custom Disposal, Henry Edward Kincaid, Grogan’s Disposal, GW Lovelace, M&M Waste, The Dumpster Company, Red Oak Sanitation, Republic Services, Sanitation Solutions, Waste Management, and Waste Pro; SECTION 3. The City seeks to confirm the “Approved Haulers” list as long as the companies are found to be acting consistently with the Ordinance and recognizes that the City Council may seek to amend the Approved Haulers List as need arises and in accordance with the established Solid Waste Ordinance; SECTION 4. It is in the interest of the City and its citizens to offer companies currently providing such services a non-exclusive contract on such terms and conditions that will provide the City with the controls and options necessary to provide for the public good; SECTION 5. Chapter 46 of the Milton City Code of Ordinances, the Milton Solid Waste Ordinance, attached hereto as Exhibit A is hereby ratified, approved and affirmed, subject to those redline modifications set forth in attached Exhibit A; SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are rejected; SECTION 7. This Ordinance shall become effective upon its adoption; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 2 of 22 ORDAINED this the 2nd day of December, 2013. __________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 3 of 22 EXHIBIT A Chapter 46 - SOLID WASTE [46] (46) State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management, O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12 -8-31.1; tire disposal restrictions, O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for local government units to enforce collection of taxes, fees, or assessments for solid waste management, O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40; transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36-1-16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways, O.C.G.A. § 40-6-249. ARTICLE I. - IN GENERAL ARTICLE II. - LITTERING ARTICLE III. - COLLECTION SERVICES ARTICLE I. - IN GENERAL Sec. 46-1. - Definitions. Sec. 46-2. - Purpose. Sec. 46-3. - Collection fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Secs. 46-5—46-23. - Reserved Sec. 46-1. - Definitions. For the purpose of this chapter, whenever inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this section or otherwise in this chapter shall be given their common and ordinary meaning. The following words, terms, phrases and their derivations shall, in this chapter, have the meaning given in this section. Approved container or approved bag or container or bag means those containers used in the collection of solid waste, as defined in this chapter, which have been approved by the company for use by both residential and commercial customers. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 4 of 22 Area shall mean the area within the boundaries of the incorporated areas of the City of Milton, as they exist as of the effective date in addition to future boundary changes as outlined in [the term "city"]. City means the City of Milton, Georgia, an incorporated municipal government in Fulton County, State of Georgia. Boundaries defining the city limits may be changed via ordinances approved by the city council, for which any new boundary created shall be subject to this contract. Commercial unit shall mean any structure, whether freestanding or designed to serve multiple tenants, whose primary purpose is for conducting business. Company means any organization, firm, person, entity, corporation or other business that contracts with customers to provide for the collection and disposal of solid waste material as defined in this article, and including but not limited to construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Construction/demolition debris shall have the meaning set forth by the Georgia Department of Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3-4.01(14)). Construction site shall mean any parcel of land or real property having land disturbance, clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or new construction work performed thereon or about the real property or premises whether or not a land disturbance and/or building permit is required. Customer shall mean any firm, person, entity, corporation or organization that contracts with a company for the collection and disposal of solid waste material as defined in this chapter, and including, but not limited to, construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in weight that have died from any cause, except those slaughtered or killed for human use. Effective date means any contract executed between the city and any company on or after December 1, 2009. Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines, regulations, governmental, administrative or judicial orders or decrees or other legal requirements of any kind, including, without limitation, common law, whether currently in existence or hereafter promulgated, enacted, adopted or amended, relating to safety, preservation or protection of human health and the environment (including ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment, transportation or disposal of waste, substances or materials, including, without limitation, any matters related to releases and threatened releases of materials and substances. Garbage shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)). Gross receipts shall mean the total amount collected by the company from any and all STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 5 of 22 customers for services rendered under authority of this chapter as a result of charges for service. Gross receipts shall not include the infrastructure maintenance fee identified in this chapter. Hazardous materials means any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substances, regulated under or pursuant to any environmental laws. The term "hazardous materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substance that is, after the date first written above, deemed hazardous be any judicial or governmental entity, body or agency having jurisdiction to make that determination. Hazardous waste means any waste regulated under or pursuant to any environmental laws, including, but not limited to, any solid waste which has been defined as a hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term "hazardous waste" also includes hazardous materials and any waste that is, after the effective date of this agreement, deemed hazardous by any judicial or governmental entity, board, body or agency having jurisdiction to make that determination. The term "hazardous waste" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste. Recycling shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57). Residential unit shall mean any structure, whether single family, multi-family, or otherwise whose primary purpose is for living. Solid waste means the collection of residential and commercial nonrecyclable waste, residential and commercial recyclable waste, and residential yard trimmings/waste. Term shall mean a period of one year from the effective date. Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77). (Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08- 11-30, § 1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010) Sec. 46-2. - Purpose. This chapter regulates the collection and disposal of waste and garbage including, but not limited to, all waste byproducts of manufacturing or commercial establishments, cinders and ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard, rags, ashes, and other such waste material ordinarily STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 6 of 22 disposed from residences, churches, schools, small business establishments, and other such places. (1) The term "garbage" does not include animals, fowl, and fish entrails, bones and carcasses whether in whole or in part, from business establishments such as slaughterhouses and meat and fish markets. Such material means "other waste." (2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones, carcasses in whole or in part and dead animals, and any other refuse material not otherwise classified herein. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008) Sec. 46-3. - Collection fees. All fees are listed in Sec. 46-70 Contract and Rental Fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Hospitals and health care professionals or other entities disposing of medical waste including, but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner consistent with federal and state regulations. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008) Secs. 46-5—46-23. - Reserved ARTICLE II. - LITTERING Sec. 46-24. - Prohibited. Secs. 46-25—46-43. - Reserved. Sec. 46-24. - Prohibited. (a) Unlawful acts defined. (1) Public littering. It shall be unlawful for any person, in person or by his or her agent, employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any public way or other public place in the city or the river, creek, branch, public water, drain, sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish, waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the city's jurisdiction in such a manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places; provided that this section shall not apply to: a. The deposit of material under a permit authorized by any city ordinance; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 7 of 22 b. Goods, wares, or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed therefrom within two hours after being so deposited; or c. Articles or things deposited in or conducted into the city sewer system through lawful drains in accordance with the city ordinances relating thereto. (2) Private littering. The acts described in subsection (a)(1) of this section shall also apply to acts committed to or against private property without the consent of the owner. (b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other similar forms of containers shall provide adequate metal or plastic cont ainers upon the premises for collection of refuse. It shall be the express responsibility of all such business firms to collect all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said business that may discarded upon the premises or neighboring street and sidewalks. It further shall be the responsibility of said business to collect the aforementioned items from the premises of the neighboring property when the owners of the property specifically request and authorize the business personnel to enter upon their property for that purpose. (c) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this section or who violates any order or determination of the department promulgated pursuant to this article shall be punished as directed by law, and in addition thereto, may be enjoined from continuing the violation. Each day a violation occurs shall constitute a separate offense. Any willful and wanton violation of this subsection resulting in the unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance and on conviction thereof by the city court, the mayor and city council may after a notice and a hearing revoke the business license of the violator. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008) Secs. 46-25—46-43. - Reserved. ARTICLE III. - COLLECTION SERVICES DIVISION 1. - GENERALLY DIVISION 2. - CONTRACTUAL PROVISIONS DIVISION 3. - TERMINATION OF CONTRACT DIVISION 4. - ADDITIONAL PROVISIONS DIVISION 1. - GENERALLY Secs. 46-44—46-62. - Reserved. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 8 of 22 Secs. 46-44—46-62. - Reserved. DIVISION 2. - CONTRACTUAL PROVISIONS Sec. 46-63. - Authority. Sec. 46-64. - Grant of nonexclusive contract. Sec. 46-65. - Term. Sec. 46-66. - Scope and nature of operation. Sec. 46-67. - Vehicles to be covered and identified. Sec. 46-68. - Regulation of containers. Sec. 46-69. - Disposal of refuse. Sec. 46-70. - Contract and rental fees. Sec. 46-71. - Compliance with law. Sec. 46-72. - Insurance provided by company. Sec. 46-73. - Indemnification and hold harmless. Secs. 46-74—46-92. - Reserved. Sec. 46-63. - Authority. The city is empowered to contract with one or several third parties to collect and dispose of all garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city may sell franchise rights in garbage collection to third parties. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008) Sec. 46-64. - Grant of nonexclusive contract. The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose of operating and engaging in the business of collecting and disposing of waste; including, but not limited to, contracting with customers and providing service pursuant to contract therefore, placing and servicing containers, operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or incidental to such business and service. (Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08- 11-30, § 2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010) Sec. 46-65. - Term. The term of any agreement shall be for a period of one year beginning on the effective date of the contract execution and terminating on the first anniversary of said date. The company shall begin performance under this contract immediately after the effective date of the contract execution. (Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08- 11-30, § 3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010) Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -65 from "One year in length" to "Term." STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 9 of 22 Sec. 46-66. - Scope and nature of operation. (a) Residential and commercial refuse and waste. The company may collect and deliver for disposal all residential and commercial refuse and waste accumulated within the corporate limits of the city by the company's customers and the words "refuse", "garbage", "trash" and "waste" when used in this article are used for convenience and, unless the context shows otherwise, refer to yard trimmings, recycling, storm debris, garbage, and construction/demolition debris. The company will furnish the personnel and equipment to collect refuse, provide the services described herein, and as contracted for with its customers, in an efficient and businesslike manner. (b) Service provided. Company shall provide container, bin and other collection service for the collection of residential and commercial refuse and waste according to the individual customer agreements and applicable city regulations and shall make provision for the special collection of such refuse and waste upon request. The company shall cause or require its equipment, containers and bins to be kept and maintained in a manner to not cause or create a threat to the public health and shall keep the same in a good state of repair. (c) Collection operation. (a) Save and except as provided in this section, collection shall not start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request variances to this collection period provided that collections: (i) are made in a manner that does not cause or result in loud noise; and (ii) that are made at a location which will not cause the disturbance of persons occupying the premises or neighboring property must first be confirmed prior to the request. All requests for variances of times must be submitted to the city manager, or his designee, and include documentation on the hardship created by the collection operation period. Should such a collection operation variance be granted and the city receives two complaints about the collection operation in any six-month time period, the city shall verify and substantiate the factual basis for any complaints. Should the complaints be substantiated, the collection operation variance will be revoked. The frequency of collection shall be determined by each individual customer agreement. (d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines appropriate. Notification must be given by the company to it's customers of the holidays and resulting collection cycles. (e) All companies must maintain a local customer service telephone number while conducting business within the city. The telephone number must be publicly listed in a phone book and available through directory assistance. Each company providing trash receptacles, whether commercial or residential, must mark each receptacle with the company's name and telephone number in letters not less than four inches in height. Each company must provide a mechanism to accept, investigate, and respond to customer complaints. Companies are strongly encouraged to use multi-media devices including interactive websites, e-mail, fax, and automated telephone systems. Service calls received by the city as a result of noncompany performance will result in the consideration of revocation of a nonexclusive contract or the city's choice to not renew an existing agreement. (f) Any invoice, bill, statement, or other device intended to request remittance by the customer to the company of funds for payment of service shall include at a minimum, the company's telephone number and payment methods available to customers. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 10 of 22 (g) All companies providing residential service or service to residential multi-family units must provide a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. Commodities may be commingled by the consumer and collected commingled by the hauler. Recycled commodities which must be offered in all programs are as follows: brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and #3); cardboard, cereal boxes and any nonwaxed paper containers; brown paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and school papers. Customers shall be charged for the recycling program by the company regardless of utilization of the service. Haulers are to include this service with their residential rate structure; however, the charge for recycling shall be shown separate from other services provided. (h) All companies providing commercial service must offer and promote a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. (i) All companies providing residential service must offer the collection of yard trimmings to all customers. This program is intended to assist in the collection and disposal of grass clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitations set by company; bushes, brush, and all other general debris generated from the maintenance of residential yards and lawns. (j) It shall be the company's obligation and responsibility to educate all customers on industry trends and best practices relating to solid waste collection, removal, and disposal. Such education programs must consist of the following elements: Recycling; holiday schedules; new customer information; and any service related items. All companies have the obligation to inform customers of any noncollected trash or items placed for collection by the customer but not covered under the agreement between the customer and the company. Further, it shall be the company's obligation and responsibility to educate customers on days of collection for each specific service provided. All education and communication between the company and customers should promote the placement of residential collectibles at the curb the night before pick-up. Receptacles, containers, or bagged materials shall not be left at the curb for longer than a 24-hour period. (Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08- 11-30, § 4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010) Sec. 46-67. - Vehicles to be covered and identified. (a) All vehicles used by company for the collection and transportation of refuse shall be covered at all times while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or properties adjacent thereto, and such vehicles shall be clearly marked with the company's name and telephone number in letters not less than four inches in height. (b) Company must provide a comprehensive and proactive driver safety education program which encourages safety on city streets. Such program must be demonstrated and conveyed to the city. Company must comply with all other regulatory agencies, both local, state, or otherwise with respect to commercial vehicle operation within the city. Service calls received by the city as a result of noncompany performance will result in STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 11 of 22 the consideration of revoking a nonexclusive contract or the city's choice to not renew an existing agreement. (c) Company must manage collection services delivered within the city to minimize the number of vehicles on city roads. Coordination between haulers and service providers is strongly encouraged to manage service vehicles on residential streets and neighborhoods. (d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is not feasible to use standard collection vehicles, such vehicles must be covered at all times while loaded and in transit should they exceed 30 miles per hour or be driven more than 300 yards on a public street. (Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08- 11-30, § 5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010) Sec. 46-68. - Regulation of containers. The company may rent, lease, provide or define specifications for containers to any customer within the corporate limits of the city for refuse storage and collection purposes subject to the following requirements: (1) All containers shall be constructed and maintained according to industry practice; (2) All containers shall be equipped with stable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents; (3) All containers, save and except those being used for the purpose of collecting and storing rubble, building and scrap construction materials, shall be equipped with covers suitable to prevent blowing or scattering refuse and access to the container by animals while the container is at the site designated by customer; (4) All containers shall be periodically cleaned, maintained, serviced and kept in a reasonably good state of repair, to prevent the unreasonable accumulation of refuse residues, to avoid excessive odor and harborage for rodents and flies resulting from excessive residues remaining after collection of containers; (5) All containers shall be clearly marked with the company's name and telephone number in letters not less than four inches in height; (6) All containers shall not be on public rights-of-way and shall be located so as to not interfere, block, obstruct or impede the normal use of any sidewalk, street, alley driveway or fire lane, or to block, obstruct or impede sight distance at street, road or alley intersections; (7) All containers, bins, or other collection instruments must be kept free from graffiti, rust, broken and nonoperational parts and pieces, and litter in and around the area; and (8) It shall be the responsibility of each company to educate their customers on the regulations of containers and maintain industry standards, policies, and procedures, which promote an aesthetically pleasing environment in and around all STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 12 of 22 refuse and waste containers and receptacles. (Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08- 11-30, § 6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010) Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -68 from "Container requirements" to "Regulation of containers." Sec. 46-69. - Disposal of refuse. The company will deliver all waste collected by it from it's customers within the city, except for materials which the company may select for recovery and recycling, to a disposal facility that is permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of operation and disposal practices at the disposal facility will be observed and followed by the company while engaged in the disposal of refuse pursuant to this article. Any items collected as part of a recycling program must be delivered to a facility where recovery and reuse occurs. Should any company choose to offload or dispose of materials collected by one vehicle into another for transport to the final disposal facility, company shall make every available effort to perform such refuse transfer on property owned by the company or privately owned property where the company has an agreement with the property owner to perform such activity. In the event any transfer occurs on public land, including streets, alleys, rights-of-ways, roads, thoroughfares, avenues, parkways, expressways, or other areas designed and designated for public travel, company shall make every effort available to clean the area after completion of the transfer to insure the area is maintained at the same or better level than if the area was not used for this activity. In the event the city receives complaints regarding this practice, company shall be required to cease from this activity at the location of the complaint. (Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08- 11-30, § 7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010) Sec. 46-70. - Contract and rental fees. Contract fee. The streets, rights-of-way, and public easements to be used by the company in the operation of its business within the boundaries of the city as such boundaries now exist and exist from time to time during the term of this contract, are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and the city will incur costs to regulate and administer this article. In consideration of such benefits, costs and expenses, the company shall through the term of its contract collect an "infrastructure maintenance fee" equal to five percent of the company's gross receipts to customers within the city (exclusive of sales tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements sent by any company to a customer under this article. This fee is applicable to haulers that are providing trash and recycling collection to residential accounts as well as haulers serving commercial accounts. (1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city and delivered to the city in conjunction with a statement indicating the derivation and calculation of such payment. Each such quarterly payment shall be due on the fifteenth day of the second month following the end of the quarterly period for which said payment is due. The quarterly payments shall be due on STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 13 of 22 February 15, May 15, August 15, and November 15 of each year during the term hereof, with the February 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior December 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the May 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior March 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the August 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior June 30 and being payment for the rights and privileges granted hereunder for said calendar quarter, and the November 15 payment bei ng based upon the company's gross receipts during the calendar quarter ending the prior September 30 and being payment for the rights and privileges granted hereunder for said calendar quarter. During the implementation of this article, all bills generated by companies after December 1, 2006, shall include the infrastructure maintenance fee. The city shall provide material relating to the education and marketing efforts of the infrastructure maintenance fee as well as provide education and training to company employees to ensure a consistent message is conveyed to constituents of the City of Milton. For purposes of verifying the amount of such fee, the books of the company shall at all reasonable times be subject to inspection by the duly authorized representatives of the city. If the infrastructure maintenance fee is not paid by the due date as set forth herein, the company from whom the fee was due shall be assessed and shall pay a late fee in the amount of 10% of the amount not timely paid. In addition, all amounts otherwise due, including late fees, shall accrue interest at the rate of 1.5% per calendar month beginning 30 days after the original due date. (2) No other rental fees. The contract fee shall be in lieu of any and all other city- imposed rentals or compensation or contract, privilege, instrument, occupation, excise or revenue taxes or fees and all other exactions or charges (except ad valorem property taxes, special assessments for local improvements, city sales tax, and such other charges for utility services imposed uniformly upon persons, firms or corporations then engaged in business within the city) or permits upon or relating to the business, revenue, installations and systems, fixtures, and any other facilities of the company and all other property of the company and its activities, or any part thereof, in the city which relate to the operations of the company pursuant to this article; provided, that this shall not be construed to prevent the company from being required to pay any and all applicable fees and charges in effect from time to time for dumping at a landfill or transfer station. (3) Credit for fees paid. Should the city not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that it will apply so much of said sums of money paid as may be necessary to company's obligations, if any, to pay any such contract, ordinance charges, other charges, fees, rentals, easement, taxes or charges. (4) Reporting. Any company providing service pursuant to this article or a resulting contract shall from time to time provide the city with the necessary statistics regarding waste collected and disposed which shall allow the city to comply with state reporting requirements. Such information shall be in the manner and format requested by the city and provide adequate details for the city to maintain compliance with local, state, federal, and all other guidelines relating to STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 14 of 22 solid waste collection, removal, and disposal. (5) Dedicated revenue. The infrastructure maintenance fee collected by the city under this article shall be dedicated to the following: (i) maintenance of the city's streets, corridors, alleys, thoroughfares, and transportation routes; (ii) administration of contract compliance between customers and companies where service is received as provided in this article; and (iii) collection of litter, trash and hazardous waste materials within the city. (Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08- 11-30, § 8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010) Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -70 from "Fees" to "Contract and rental fees." Sec. 46-71. - Compliance with law. The company shall conduct under this article in compliance with the material provisions of all applicable local, state and federal laws, rules and regulations, and with the general specifications contained in this article. (Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08- 11-30, § 9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010) Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -71 from "Compliance with local, state and federal regulations required" to "Contract and rental fees." Sec. 46-72. - Insurance provided by company. (a) Minimum coverage requirements. The company shall maintain throughout the term of its contract, property damage coverage, general liability insurance, and automobile liability insurance for any automobile owned or operated by company, with an insurance company authorized and licensed to do business in the State of Georgia and acceptable to the city, insuring against claims for liability and damages for the benefit of the city. The insurance shall include the city as an additional insured. General liability coverage insurance under this section shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate. Automobile liability insurance under this section shall, at a minimum, have limits of $1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both automobile liability insurance and general liability insurance is required. (b) Employer's liability. If the company is required by Georgia Statute, the company shall maintain throughout the term of the contract resulting from this article the requisite statutory workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance. Company shall be required to show compliance to this section by submitting documentation of such coverage from an approved carrier licensed in the State of Georgia, or documentation explaining the exemption from employer's liability insurance should they not meet the state requirements to carry such coverage. (c) Certificate of insurance. The insurance policy, or policies, obtained by the company in compliance with this section shall be approved by the city manager or his designee in the city manager's or his designee's reasonable discretion, and the certificate of insurance for the insurance policy shall be filed and maintained with the city during the STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 15 of 22 term of the contract resulting from this article with a copy of the endorsement required under subsection (d) to be attached or made a part of such certificate. (d) Endorsements. All insurance policies maintained pursuant to this article shall contain the following conditions by endorsement: (1) Additional insured. The city shall be an additional insured and the term "owner" and "city" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the city and the individual members, officers, employees and agents thereof in their official capacities and/or while acting on behalf of the city. (2) Other insurance clause. The policy clause "other insurance" shall not apply to the city when the city is an insured on the policy. (3) No recourse. Companies issuing the insurance policies shall not recourse against the city for payment of any premium or assessment. (e) Increase requirements. The city may choose to amend this article to make reasonable adjustments to the insurance coverage and their limits when deemed necessary and prudent based upon changes in statutory law, court decisions, or the claims history of the industry. (Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11-30, § 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010) Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-72 from "Company to provide insurance" to "Insurance provided by company." Sec. 46-73. - Indemnification and hold harmless. The company agrees to indemnify, defend and save harmless the city, its agents, officers and employees, against and from any and all claims by or on behalf of any person, firm, corporation or other entity arising from any negligent act or omission or willful misconduct of the company, or any of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon. Promptly after receipt from any third party by city of a written notice of any demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation (an "asserted claim") that may result in losses for which indemnification may be sought hereunder, the city shall give written notice thereof (the "claims notice") to the company provided, however, that a failure to give such notice shall not prejudice the city's right to indemnification hereunder except to the extent that the company is actually and materially prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses that have been or may be suffered by the city when such information is available. The company may elect to compromise or defend, at its own expense and by its own counsel, any asserted claim. If the company elects to compromise or defend such asserted claim, it shall, within 20 business days following its receipt of the claims notice (or sooner, if the nature of the asserted claim so required) notify the city of its intent to do so, and the city shall cooperate, at the expense of the company, in the compromise of, or defense against, such asserted claim. If the company elects not to compromise or STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 16 of 22 defend the asserted claim, fails to notify the city of its election as herein provided or contests its obligation to provide indemnification under this agreement, the city may pay, compromise or defend such asserted claim with all reasonable costs and expenses borne by the company. Notwithstanding the foregoing, neither the company nor the city may settle or compromise any claim without the consent of the other party; provided, however, that such consent to settlement or compromise shall not be unreasonably withheld. In any event, the city and the company may participate at their own expense, in the defense of such asserted claim. If the company chooses to defend any asserted claim, the city shall make available to the company any books, records or other documents within its control that are necessary or appropriate for such defense. (Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11-30, § 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010) Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -73 from "Company to indemnify city; defense of suits" to "Indemnification and hold harmless." Secs. 46-74—46-92. - Reserved. DIVISION 3. - TERMINATION OF CONTRACT Sec. 46-93. - Forfeiture and terminating of contract. Sec. 46-94. - Transfer, sale or conveyance by company. Sec. 46-95. - Foreclosure. Sec. 46-96. - Receivership and bankruptcy. Secs. 46-97—46-115. - Reserved. Sec. 46-93. - Forfeiture and terminating of contract. (a) Material breach. In addition to all other rights and powers retained by the city under this article or otherwise, the city reserves the right to declare any resulting contract from this article forfeited and to terminate the contract and all rights and privileges of the company hereunder in the event of a material breach of the terms and conditions hereof. A material breach by company shall include, but shall not be limited to, the following: (1) Fees. Failure to pay the fees set out in section 46-70 (2) Telephone listings. Failure to keep and maintain a local telephone listing and office or answering service that is available by phone without long distance charge during regular business hours for service to the public, and which telephone or office shall, at minimum, provide and maintain the following services: a. Coordinate and provide information concerning deposits, payments and accounts to customers and prospective customers; b. Respond to customer and prospective customer questions and issues about billings, accounts, deposits and services; c. Coordination with the city with respect to private sector and public works STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 17 of 22 projects and issues related to or affecting the company's operation; and d. Immediate response, upon request, to police, fire and other emergency situations in which the public health and safety requires action with respect to or assistance regarding company's property. (3) Failure to provide service. Failure to materially provide the services provided for in this article; (4) Misrepresentation. Material misrepresentation of fact in the application for or negotiation of any contract resulting from this article; or (5) Conviction. Conviction of any director, officer, employee, or agent of the company of the offense of bribery or fraud connected with or resulting from the award of a contract from this article. (b) Operation information. Material misrepresentation of fact knowingly made to the city with respect to or regarding company's operations, management, revenues, services or reports required pursuant to this article. (c) Economic hardship. Company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. (d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of the company to comply with any material provision of this article or resulting contract within 30 days after written notice from city setting forth the specific provision and noncompliance, said notice to be mailed to company at its principal place of business by certified mail, return receipt requested, shall be deemed a breach of this article, and the city council, upon notice to company and hearing, may, for good cause declare a contract forfeited and exclude company from further use of the streets of the city under this article, and the company shall thereupon surrender all rights in and under this article and contract. (1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a), (b), (c), (d), the city shall make a written demand that the company comply with any such provision, rule, order, or determination under or pursuant to this article. If such violation by the company continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the council may take under consideration the issue of termination of the resulting contract from this article. The city shall cause to be served upon company, at least 20 days prior to the date of such a council meeting, a written notice of intent to request such termination and the time and place of the meeting. Notice shall be given of the meeting and issue which the council is to consider. (2) Hearing. The council shall hear and consider the issue, hear any person interested therein, and shall determine whether or not any violation by the company has occurred. (3) Forfeiture. If the council shall determine that the violation by the company was the fault of company and within its control, the council may declare the contract forfeited and terminated, or the council may grant to company a period of time for STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 18 of 22 compliance. (Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11-30, § 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010) Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -93 from "Forfeiture" to "Forfeiture and terminating of contract." Sec. 46-94. - Transfer, sale or conveyance by company. The company shall not transfer, assign, sell or convey any rights granted under any resulting contract from this article without the prior approval of the city council; provided that this section shall not apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery, containers and buildings by company for the purpose of maintaining and continuing its operation within the city; and provided further that company may, in its sole discretion and upon written notice to the city, transfer, assign, sell or convey their rights under this article to a wholly owned subsidiary of the company or to an affiliated entity that is under common control with company (i.e., has a common parent entity). (Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11-30, § 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010) Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -94 from "Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or conveyance by company." Sec. 46-95. - Foreclosure. upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the company used for and dedicated to providing service pursuant to this article, the company shall notify the city of such fact, and such notification shall by treated as a notification that a change in control of the company has taken place and the provisions of this article governing the consent of the council to such change in control of the company shall apply. Upon the foreclosure or judicial sale, or the leasing of all or a substantial part of the property and assets of the company dedicated to and used for the purposes of providing service pursuant to this article, without the prior approval of the council, the council may, upon hearing and notice, terminate any contract resulting from this article. (Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11-30, § 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010) Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -95 from "Foreclosure or judicial sale" to "Foreclosure." Sec. 46-96. - Receivership and bankruptcy. Cancellation option. The council shall have the right to cancel any contract resulting from this article 120 days after the appointment of a receiver or trustee to take over and conduct the business of the company, whether in receivership, reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, unless: STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 19 of 22 (1) Trustee compliance. Within 120 days after his election or appointment, such receiver trustee shall have fully complied with all the provisions of this article and remedied all defaults thereunder; or (2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an agreement, duly-approved by the court having jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by each and every provision of this article granted to the company. (Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11-30, § 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010) Secs. 46-97—46-115. - Reserved. DIVISION 4. - ADDITIONAL PROVISIONS Sec. 46-116. - Retention of city police powers. Sec. 46-117. - Amendments of city ordinances and regulations. Sec. 46-118. - Taxes. Sec. 46-119. - Public necessity. Sec. 46-120. - No suspension of laws. Sec. 46-121. - Peaceful employment. Sec. 46-122. - Endorsements and records. Sec. 46-123. - Acceptance by company. Sec. 46-116. - Retention of city police powers. The city retains and reserves all of its police powers and the rights, privileges, and immunities that it now has under the law to regulate, patrol and police the streets and public ways within the city, and the granting of any contract as a result of this article shall in no way interfere with the improvements to, or maintenance of, any street, alley or public way, and the rights of the city to use said streets, alleys and public ways. (Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11-30, § 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010) Sec. 46-117. - Amendments of city ordinances and regulations. The city reserves the right and power, pursuant to its police power, after due notice to company, to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the city, and to impose such additional conditions, that are not inconsistent with the rights granted by this article, upon the company and all persons, firms or entities of the same class as the company, as may be reasonably necessary in the discretion of the city council to preserve and protect the public, health, safety and welfare and/or insure adequate service to the public. (Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11-30, § 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010) Editor's note— Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 20 of 22 117 from "Reservation to amend city ordinances and regulations" to "Amendments of city ordinances and regulations." Sec. 46-118. - Taxes. The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are imposed upon the company. Absent an administrative or judicial challenge, or appeal, the failure to pay any such tax, levy or assessment shall be a breach of this article. (Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11-30, § 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010) Editor's note— Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 118 from "Payment of taxes required" to "Taxes." Sec. 46-119. - Public necessity. The council hereby finds and declares that the public welfare, convenience and necessity require the service which is to be furnished by the company. (Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11-30, § 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010) Editor's note— Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 - 119 from "Disposal of solid waste deemed public necessity" to "Public necessity." Sec. 46-120. - No suspension of laws. All provisions of the ordinances of the city as now existing or as may be amended from time to time, and all provisions of the statutes of the State of Georgia applicable to general law cities shall be a part of any resulting contract from this article as fully as if the same had been expressly stated herein, and said the city retains and may exercise all of the governmental and police powers and all other rights and powers not directly inconsistent with the terms, conditions and provisions of this article. (Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11-30, § 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010) Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 120 from "City ordinances and state law considered part of contract" to "No suspension of laws." Sec. 46-121. - Peaceful employment. From and after the effective date of this article, the city and the company shall be and are hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of this article and any resulting contract and, subject thereto, the company shall collect rates for service, operate and conduct its business and work within the city, and enjoy the benefits and privileges of this article during the term hereof. (Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11-30, § 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010) Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 121 from "City and company to rely on this chapter" to "Peaceful employment." STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 21 of 22 Sec. 46-122. - Endorsements and records. The city clerk is directed to make endorsements as appropriate over his/her official hand and the seal of the city on the form provided at the conclusion of this article, for the public record and convenience of the citizens, of the date upon which this article is finally passed and adopted. (Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11-30, § 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010) Sec. 46-123. - Acceptance by company. Within 30 days after the passage of this article, or within 30 days of establishing a business within the corporate city limits, all companies operating a residential or commercial refuse waste service shall file with the city its acceptance of the terms and provisions of this article, and request for contract. The acceptance and request for contract shall be in writing on the company's letterhead and provide as follows: City of Milton Attention: City Manager 13000 Deerfield Parkway, Suite 107A/B Milton, GA 30004 ____________ (the "Company"), acting by and through an officer who is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to operate a refuse and solid waste collection and disposal system within the City as said Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each term, provision and condition of the Ordinance, to accept and to give the benefits provided by the Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a businesslike and reasonable manner and in compliance with the Ordinance. Company: ..... By: ..... Printed Name: ..... Title: ..... (Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010) Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 123 from "Written acceptance of company required" to "Acceptance by company." 46-124. – Decal STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 22 of 22 Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the company a decal designating the company as an approved Milton hauler in compliance with the City’s solid waste ordinance. W HOME OF'THEBE ST Ol, ,.LlTY 4F LIFE EN GEORGIA' M I LTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 11, 2013 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to ALAR Enterprises, LLC dba Chevron Food Mart, Located at 13021 Deerfield Parkway, Milton, GA 30004. MEETING DATE: Monday, November 18, 2013 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: X. APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: I ( I e) 13 REMARKS O NOT APPROVED NO NO () NOTAPPROVED © you PHONE: 678,242,25001 FAX: 678.242.2499 ~Green Community Info@cityofmiltonga.us I www.cityofmiltonga.us ��7—. :�::,.,., � � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CENTMCP egaN:t e �,pr To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on October 14, 2013 for the November 4, 2013 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to ALAR Enterprises, LLC dba Chevron Food Mart, Located at 13021 Deerfield Parkway, Milton, GA 30004. ____________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to ALAR Enterprises, LLC dba Chevron Food Mart for retail package sale of wine and malt beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: ALAR Enterprises, LLC dba Chevron Food Mart Contact Name: Allauddin Madhani Business Address: 13021 Deerfield Parkway, Milton, GA 30004 Type of License: Retail Package Sale - Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or 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. Co HOME OF ` TO ESTARLISHFD 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 11, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 2, Article VI, Administration -Financial Management Program Section 2-262(a)(2) to Provide for Piggybacking from Contracts of other Public Entities that have been Renewed or Extended. MEETING DATE: Monday, November 18, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: A APPROVED () 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 r j S ` 3 REMARKS ®. YOUM PHONE: 678.242.2500 1 FAX: 678.242.2499 neFrrwC�f?ill ; c sea* roP foo info@cityofmiltongmus I www.cityofrniRonga.us Community "'y 13000 Deerfield Parkway, Suite 107 � Muton GA 30004 �'+V 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 THAT HAVE BEEN RENEWED OR EXTENDED 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 public entities contracts; and WHEREAS, it has been determined that the most recently adopted amendment excluded the ability to piggyback off of contracts that were renewed or extended; BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regular called council meeting on the 18th day of November, 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 18th day of November, 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 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 available where competition was used by the other agency to secure the contract and only for a period of 12-months following entry, renewal or extension of into the contract by the other agency. This provision shall not apply for any contract where state law mandates the city utilize its own competitive procurement process. M, HOME OF ` L ON't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 11, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Adopting the 2014 City of Milton City Council Regular Meeting and Work Session Schedule. MEETING DATE: Monday, November 18, 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: O YES NO CITY ATTORNEY REVIEW REQUIRED: O YES NO APPROVAL BY CITY ATTORNEY ()APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS Youto 2012 Green IWERII ' ;Certified t Top i00 PHONE: 678.242.25001 FAX: 678.242.2499 Z PECE 1YIYNEe Ciryof info@cityofmiltonga.us I www.cityofmiltonga.us R COlrintEllllt]/ �, hhi a 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: November 8, 2013, Submitted for the November 18, 2013, City Council Regular Meeting Agenda Item: Consideration of a Resolution Adopting the 2014 City of Milton City Council Regular Meeting and Work Session Schedule. ____________________________________________________________________________ Department Recommendation: Approve the Council and Work Session meeting dates for 2014. Executive Summary: The City of Milton is committed to conducting city business in a manner that complies with all legal requirements, fosters citizen confidence in city government, and promotes efficient and effective government operations. As part of our open and transparent government process, the Mayor and City Council will adopt a yearly meeting schedule. Funding and Fiscal Impact: N/A Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Page 2 of 2 Attachment(s):  Resolution Adopting the 2014 City of Milton City Council Regular Meeting and Work Session Schedule  Council and Work Session Meeting Dates 2014  City of Milton 2014 Holiday Schedule STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE 2014 CITY OF MILTON CITY COUNCIL REGULAR MEETING AND WORK SESSION SCHEDULE The Council of the City of Milton hereby resolves while in regular session on the 18th day of November 2013 at 6:00 pm: SECTION 1. That the schedule for the 2014 City Council Regular and Work Session Council Meeting Dates is hereby approved as attached; SECTION 2. That resolutions in conflict with this resolution are hereby repealed. SECTION 3. That this approval be effective January 1, 2014. RESOLVED this 18th day of November 2013. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) CITY OF MILTON 2014 HOLIDAY SCHEDULE HOLIDAY DATE OBSERVED New Year’s Day Observed Wednesday, January 1, 2014 Martin Luther King, Jr. Birthday Monday, January 20, 2014 President’s Day Monday, February 17, 2014 Memorial Day Monday, May 26, 2014 Independence Day Friday, July 4, 2014 Labor Day Monday, September 1, 2014 Veteran’s Day Tuesday, November 11, 2014 Thanksgiving Day Thursday, November 27, 2014 Day After Thanksgiving Friday, November 28, 2014 Christmas Day Observed Thursday, December 25, 2014 City Manager’s Floating Holiday Friday, December 26, 2014 Employee’s Holiday Employee’s Birthday COUNCIL AND WORK SESSION MEETING DATES (January – December 2014) STAFF SUBMITTAL TO CITY CLERK OFFICE FOR REVIEW (14 DAYS) PACKET DAY DISTRIBUTION TO CITY COUNCIL & POST AGENDA TO WEBSITE (7 DAYS) COUNCIL MEETINGS MONDAY WEDNESDAY MTG. WORK SESSIONS MONDAY Dec. 23, 2013 Dec. 30, 2013 Jan. 6 Dec. 30, 2013 Jan. 13 Jan. 8 Jan. 15 Wed. Jan. 22 Jan. 20 Jan. 27 Feb. 3 Jan. 27 Feb. 10 Feb. 5 Feb. 12 Wed. Feb. 19 Feb. 14 Feb. 24 March 3 Feb. 24 March 10 March 3 March 10 March 17 March 31 April 7 April 14 April 7 April 21 April 14 April 21 April 28 April 21 April 28 May 5 April 28 May 12 May 5 May 12 May 19 May 19 May 26 June 2 May 23 June 9 June 2 June 9 June 16 June 23 June 30 July 7 June 30 July 14 July 7 July 14 July 21 July 21 July 28 Aug. 4 July 28 Aug. 11 Aug. 4 Aug. 11 Aug. 18 Aug. 25 Aug. 29 Sept. 8 Aug. 29 Sept. 15 Sept. 8 Sept. 15 Sept. 22 Sept. 22 Sept. 29 Oct. 6 Sept. 29 Oct. 13 Oct. 6 Oct. 13 Oct. 20 Oct. 20 Oct. 27 Nov. 3 Oct. 27 Nov. 10 Nov. 3 Nov. 10 Nov. 17 Nov. 17 Nov. 26 Dec. 1 Nov. 24 Dec. 8 Dec. 1 Dec. 8 Dec. 15 J A N U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 F E B R U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M A R C H S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A P R I L S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 M AY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 J U N E S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 J U L Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A U G U S T S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S E P T E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 O C T O B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 N O V E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 D E C E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2014 MEETING CALENDAR 2014 Council and Work Session Meeting Calendar Work Session Dates A Work Session is scheduled on dates highlighted: they may be canceled by Council if not needed. Regular Council Meeting Days 2014 Holidays Observed 1/1 New Year’s Day 1/20 Martin Luther King Day 2/17 Presidents Day 5/26 Memorial Day 7/4 Independence Day 9/1 Labor Day 11/11 Veteran’s Day 11/27-28 Thanksgiving 12/25 Christmas Day 12/26 City Manager’s Floating Day 2014 Fulton County School Calendar 12/23/13 -1/7/14 Holiday Break 1/20 Martin Luther King 2/14-17 Winter Break 4/7-11 Spring Break 5/23 Last Day of School January 24-27 Mayor’s Day Conference Atlanta, GA June 20-24 GMA Conference Savannah, GA HOMF OF ' ESTARLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 11, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution to Authorize the Mayor and City Council to Approve Participation by the City of Milton in a Regional Submission of the FY13 Assistance to Firefighters Grant to the Federal Emergency Management Agency. MEETING DATE: Monday, November 18, 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: OYES () NO CITY ATTORNEY REVIEW REQUIRED: k YES () NO APPROVAL BY CITY ATTORNEY RAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: /�-F r A-� (Lt- n-,% CA r t /I 1TD a -.-j t --1f REMARKS I i �u n k R. r rel I� rry ,u cam/ I II It) IZ. *A 0 -* YOUEM PHONE: 678.242.25001 FAX: 678.242.2499 Gien or ; cryEwf * IOP 10 infodcityofmiltonga.us I www.cityofmiltonga.us Community h�sf 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a� Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY COUNCIL TO APPROVE PARTICIPATION BY THE CITY OF MILTON IN A REGIONAL SUBMISSION OF THE FY13 ASSISTANCE TO FIREFIGHTERS GRANT TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY WHEREAS, the Federal Emergency Management Agency made available funding under the FY13 Assistance to Firefighters Grant; and WHEREAS, such funds may be used to more effectively protect the health and safety of the public and firefighting personnel and to provide a continuum of support for emergency responders regarding fire, medical, and all hazard events; and WHEREAS, the Cities of Alpharetta, Milton, Roswell, and Sandy Springs desire to submit a joint regional application as allowed under the program; and WHEREAS, the City of Alpharetta will be the lead applicant; and WHEREAS, the Cities of Milton, Roswell, and Sandy Springs will provide relevant information and data to the City of Alpharetta in a reasonable time frame to allow for the submission of the application by the December 6, 2013, deadline; and WHEREAS, the funding, if awarded, shall be utilized to purchase APX6000SE portable radios to complement the Unified System Radio project currently underway in North Fulton; and WHEREAS, the match requirement for this project is 10% of the total project cost; and WHEREAS, each municipality will fund the 10% related of the cost for their jurisdiction’s total radio request; and WHEREAS, evidence authorizing the acceptance of said application must be provided. NOW, THEREFORE BE IT SO RESOLVED, this 18th day of November, 2013, by the Mayor and Council of the City of Milton that the regional submission of the FY13 Assistance to Firefighters Grant application by the City of Alpharetta is hereby approved; and if awarded the City of Alpharetta is hereby authorized to execute award package with directives under the Assistance to Firefighters Program. Page 2 of 2 This 18th day of November, 2013. BE IT SO RESOLVED AND ORDAINED, this 18th day of November, 2013, by the Council of the City of Milton, Georgia. CITY OF MILTON, GEORGIA By: ________________________ Joe Lockwood, Mayor ______________________________ ____________________________ Council Member Karen C. Thurman Council Member Burt Hewitt ______________________________ ____________________________ Council Member Matt Kunz Council Member Joseph Longoria ______________________________ ____________________________ Council Member Bill Lusk Council Member Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk HOME OF ` L T T ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the City Council of Milton, Georgia Ratifying and Authorizing Payment for a Purchase of Uniforms from T&T Uniforms Pursuant to and by way of a 'Piggyback' on Pricing and Terms under a Contract Between T&T Uniforms and Cherokee County, Georgia and a Competitive Procurement Process Involving Clayton County, Georgia. MEETING DATE: Monday, November 18, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: kAPPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY 0 APPROVED PLACED ON AGENDA FOR: 11 1 b1-6 REMARKS () NOT APPROVED O NO O NO NOTAPPROVEX 1 ©0YouEM *** M� gree n + *Cercified* fop Foo PHONE: 678.242.25001 FAX: 678.242.2499 CommuC'ry4 irdo0cityofmiitonga.us I www.0yofmiltonga.us.—Pity - 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on November 13, 2013 for the November 18, 2013 Regular Council Meeting Agenda Item: Consideration of a Resolution of the City Council of Milton, Georgia ratifying and authorizing payment for a purchase of uniforms from T&T Uniforms pursuant to and by way of a ‘piggyback’ on pricing and terms under a contract between T&T Uniforms and Cherokee County, Georgia and a competitive procurement process involving Clayton County, Georgia. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton Fire Department authorized the purchase of uniforms from T&T Uniforms pursuant to a contract it believed was current at the time of the acquisition. It was determined after the uniforms were ordered that the contract used to ‘piggyback’ from was a Cherokee County contract which was one step removed from a Clayton County contract which was over one year old. After a thorough review, I believe the staff was acting in good faith and that they legitimately believed this Cherokee County contract to be valid because of an extension letter which was appropriately issued. It was determined later that this extension letter, while valid, was extending a contract which was more than one year old and therefore not in keeping with our policy as it existed at the time of the purchase. This has highlighted, amongst other things, the need for the cleaning up of our code related to this topic as well as addressing our internal policies. Both of these have been done. There is one other complication in this purchase. The uniforms ordered are custom to Milton and not eligible for return. The sizes, as well as personalization we add to them by embroidering names on the shirts make it nearly impossible to choose any position other than to accept delivery. Page 2 of 2 This Resolution may not actually be required, but it is our desire to always err on the side of caution with our transparency in our procurement efforts. It is the staffs desire to present this Resolution to the Council as it is the most conservative and publicly open method to bring this acquisition to completion. If approved, it will ratify this purchase and allow us to issue payment for this purchase. Modifications to the code have allowed us to prevent this type of occurrence in the future. Funding and Fiscal Impact: The three outstanding invoices are in the amount of $24,826.20. Alternatives: Do not approve the resolution. Legal Review: Ken Jarrard, City Attorney Concurrent Review: Chief Robert Edgar Attachment(s): Resolution Page 1 of 3 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON RESOLUTION OF THE CITY COUNCIL OF MILTON, GEORGIA RATIFYING AND AUTHORIZING PAYMENT FOR A PURCHASE OF UNIFORMS FROM T&T UNIFORMS PURSUANT TO AND BY WAY OF A ‘PIGGYBACK’ ON PRICING AND TERMS UNDER A CONTRACT BETWEEN T&T UNIFORMS AND CHEROKEE COUNTY, GEORGIA AND A COMPETITIVE PROCUREMENT PROCESS INVOLVING CLAYTON COUNTY, GEORGIA WHEREAS, the City of Milton, Georgia is authorized by the City Charter to adopt Resolutions…..that the City Council deems “necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Milton”; WHEREAS, the purchasing policies for the City of Milton, Georgia, authorize, in certain procurement situations, the City government to derive the benefit of – or ‘piggyback’ – off of procurement contracts from other local governments; WHEREAS, this practice allows the City to enjoy the benefit of competitively secured pricing in an efficient, reasonable, and responsible manner; WHEREAS, this practice is only utilized when the pricing derived from piggybacking is deemed to be in the best interest of the City of Milton and otherwise allowed by law; WHEREAS, the practice of piggybacking is not allowed where the City of Milton is required by State law to implement an independent competitive procurement process such as with certain public works or road construction projects; WHEREAS, on December 5, 2011, the Cherokee County Board of Commissioners entered into a contract with T&T Uniforms South, Inc. d/b/a T&T Uniforms for the provision of fire and emergency uniforms subject to certain pricing terms (the “Cherokee Contract”); WHEREAS, the Cherokee Contract was, in fact, a piggyback contract between T&T Uniforms and Clayton County, Georgia pursuant to a 2010 competitive request for bid by Clayton County; WHEREAS, the Cherokee County Contract was entered on December 5, 2011 with an initial term of a single calendar year, to December 5, 2012, followed by an option for two one year extensions; WHEREAS, the Cherokee County Contract appears to have been extended until at least December 31, 2013, as reflected in certain May 1, 2013 correspondence from T&T Uniform’s representative Zach Freise to the Cherokee County Fire Department; Page 2 of 3 WHEREAS, in September, 2013, the City of Milton – relying on the Cherokee County Contract pricing and the Clayton County competitive bid – purchased fire department uniforms from T&T Uniforms; WHEREAS, T&T Uniforms extended to the City of Milton the same prices and terms as were provided under the Cherokee County Contract, as that contract had been extended; WHEREAS, these purchases are reflected in T&T Uniform invoices 50748 for $2,469.00, 50627 for $21,367.20, and 50747 for $990.00; WHEREAS, at the time that the City of Milton ordered the uniforms from T&T Uniforms, the City of Milton purchasing policies authorized piggybacking off of municipal contracts and only for pricing secured “within the previous 12-month period”; WHEREAS, based upon there being no articulated policy rationale as to why piggybacking could not occur under contracts with other local government agencies; and further based upon the unclear meaning of the phase “within the previous 12-month period,” the City Council has modified Section 2-626 of the City Code such that it now reads: 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 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 available where competition was used by the other agency to secure the contract and only for a period of 12-months following entry, renewal or extension of the contract by the other agency. This provision shall not apply for any contract where state law mandates the city utilize its own competitive procurement process. WHEREAS, in light of Milton’s purchasing policies being so modified, the City Council now desires to ratify the uniform purchases with T&T Uniforms and to authorize payment of invoices 50748 for $2,469.00, 50627 for $21,367.20, and 50747 for $990.00; and, WHEREAS, in so doing, the City Council finds and resolves that authorizing such purchases and payment is in the best interest of the health, safety and welfare of the City of Milton. NOW IT IS THEREFORE RESOLVED by the Mayor and City Council for the City of Milton, Georgia as follows: 1. That the Whereas clauses above are a binding and substantive part of this Resolution; 2. That the City Council understands, agrees, and affirms that the procurement of uniforms from T&T Uniforms “piggybacked” upon both the Cherokee County Contract and the Clayton County competitively bid contract; Page 3 of 3 3. That the purchase of uniforms from T&T Uniforms, as reflected in invoices 50748, 50627, and 50747, are hereby ratified as being consistent with the City’s modified purchasing policies; and, 4. That payment of invoices 50748, 50627 and 50747 are hereby authorized as being in the best interests of the health, safety and welfare of the City of Milton. This 18th day of November, 2013. BE IT SO RESOLVED AND ORDAINED, this 18th day of November, 2013, by the Council of the City of Milton, Georgia. CITY OF MILTON, GEORGIA By:_________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal)