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HomeMy WebLinkAboutAgenda Packet - CC - 02/03/2014 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, February 3, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jason Howard, Stonecreek 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. 14-029) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of a Professional Services Agreement between the City of Milton and ECOFLO, Inc. for Milton’s Household Paint and Chemicals Collection Event (HPCC) on February 22, 2014. (Agenda Item No. 14-030) (Cindy Eade, Sustainability Coordinator) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 3 , 2014 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend the City of Milton Radar Permit to Include the Cambridge High School Zone. (Agenda Item No. 14-024) (First Presentation at January 22, 2014 Regular Council Meeting) (Carter Lucas, Public Works Director) 11) NEW BUSINESS 1. Consideration of A Resolution Reappointing a Member to the City of Milton Board of Zoning Appeals for District 3/Post 1. (Agenda Item No. 14-031) (Mayor Joe Lockwood) 2. Consideration of A Resolution Reappointing a Member to the City of Milton Historic Preservation Commission for District 3/Post 1. (Agenda Item No. 14-032) (Mayor Joe Lockwood) 3. Consideration of A Resolution of the City of Milton, Georgia Enacting A Moratorium for 180 Days to Bar The Acceptance of Applications for Rezonings to the CUP, NUP, TR, R-2 and R-2A Zoning Districts. (Agenda Item No. 14-033) (Ken Jarrard, City Attorney) 4. Consideration of A Resolution Adopting the City of Milton Parks and Recreation Department Youth Sports Concussion Policy. (Agenda Item No. 14-034) (Jim Cregge, Parks and Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 3 , 2014 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5. Consideration and Possible Approval of a Land Acquisition Contract for a +/- 2.1404 Acre Parcel of Property in the Crabapple Community of Milton. The Proposed Acquisition Involves an Assemblage of Parcels Located between Crabapple Circle to the North and Crabapple Road to the South, and is Otherwise Identified as Portions of Fulton County Tax Parcels 22 400111350092, 22 400111350258, 22 400111350126, 22 400111350118, and 22 400111350266. The Acquisition Price is $900,000. The Seller is SHF Crabapple, LLC. (Agenda Item No. 14-035) (Chris Lagerbloom, City Manager) 6. Council Consideration and Possible Approval of a Land Acquisition Contract for a +/- .3277 Acre Parcel of Property in the Crabapple Community of Milton. The Proposed Acquisition Involves a Parcel Located between Crabapple Circle to the North and Crabapple Road to the South, and is Otherwise Identified as a Portions of Fulton County Tax Parcel 22 400111350217. The Acquisition Price is $46,000. The Seller is JW Homes, LLC. (Agenda Item No. 14-036) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-037) HOME OF ` ]VI I 1 U ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 24, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and ECOFLO, Inc. for Milton's Household Paint and Chemicals Collection Event (HPCC) on February 22, 2014. MEETING DATE: Monday, February 3, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (YES () NO CITY ATTORNEY REVIEW REQUIRED: R' YES () NO APPROVAL BY CITY ATTORNEY V)APPROVED () NOT APPROVED PLACED ON AGENDA FOR., 2 03 14 REMARKS You �. e- -; - * * * PHONE: 678.242.2500 1 FAX: 678.242.2499 : n 'Green c * Certified ; TOP'S' info@cityofmiltonga.us I www.cityofmiltonga.us �Nra Comm Ity i,Q-E�h,�;E 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERTIFIED BRONZE -�,A<< To: Honorable Mayor and City Council Members From: Cindy Eade, Sustainability Coordinator Date: Submitted on January 22, 2014 for the February 3, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and ECOFLO, Inc. for Milton’s Household Paint and Chemicals Collections Event (HPCC) on February 22, 2014. ______________________________________________________________________________ Department Recommendation: Staff is recommending approval of the Professional Services Agreement. Executive Summary: This agreement is to provide services for a one day Household Paint and Chemical collection event to collect and properly dispose of paint, chemicals and other hazardous materials from Milton residents. The budget should allow us to serve 200 Milton residents and the event will be managed by use of a pre-registration process to pre-qualify residency and determine quantities. Funding and Fiscal Impact: This event has been budgeted for $11,000 plus $1,000 in advertising and miscellaneous fees (cost of dumpster and signage) within the FY2014 budget. Alternatives: N/A Legal Review: Paul Higbee – Jarrard & Davis (January 16, 2014) Concurrent Review: Chris Lagerbloom, City Manager Kathleen Field, Community Development Director Attachment(s): Professional Services Agreement HOME Of' THE BES' LV'UAI I OF UEE I,v GEOKIWI MILTON ESTAOLISI IED J PROFESSIONAL SERVICES AGREEMENT — SHORT FORM Household Paint and Chemicals Collections Event (HPCC) This Professional Services Agreement (the "Agreement") is made and entered into this �?o day of 2014 by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City- ), and ECOFLO, Inc. (hereinafter referred to as the "Contractor"). WITNESSETH THAT: WHEREAS, the City desires to employ a Contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as "Household paint and chemicals collections event (commonly referred to as a household hazardous waste collection event) at Bell Memorial Park located in the City of Milton." Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work on the date specified. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's Page 1 of 5 receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed [$11,000] (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, fines, penalties, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Contractor, any sub -consultant, anyone directly employed by Contractor or sub -consultant or anyone for whose negligent acts Contractor or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Contractor, not as agent or employee of City. Inasmuch as City and Contractor are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses. Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. Contractor understands that the Page 2 of 5 Work includes the proper handling, transportation, and recycling or disposal of hazardous wastes and materials, and Contractor warrants that it is expertly familiar with and agrees to comply with all applicable federal, state, and local laws and regulations in the performance of the Work. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: [insert name] shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub- contractors, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Contractor shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. . B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. E -Verify Affidavits. It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be swom under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification (`BEV" or "E -Verify") program, of the social security numbers, or other identifying information Page 3 of 5 now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed; or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A._§_ 13-10-91 and Rule 300,-10-1-.02 by the subcontractor's execution of the subcontractor affidavit; the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 500 or more employees. 100 or more employees. XFewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. 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, Page 4 of 5 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, Contractor, 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. hi addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 5 of 5 [ECOFLO, Inc.] Signature: l G7iL07iyrL / / 1 6 rte( ���/� Title: 5ccrc, C G'�RPaPnA-r o Ftc rt [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Printed Name: (70,ro b'n e m weh f, Page 6 of 5 CoRP0947FE OMCC-K 0[1 EXIBIT "A" Request for Proposal and Response M 1 UFON r <en unin�a REQUEST FOR PROPOSAL 14 -CDOI FOR Household Paint and Chemicals Collections Event (HPCC) CITY OF MILTON, GEORGIA City of Milton, Georgia requests qualified individuals and firms with experience in household hazardous waste events to submit a quotation for a household paint and chemicals collections event (commonly referred to as a household hazardous waste collection event) that will be held on Saturday, February 22, 2014 at Bell Memorial Park located in the City of Milton. It will include services to collect, handle, pack; lawfully transport, recycle, reuse, treat, and/or dispose (at a permitted disposal facility) household hazardous waste (HHW) material for the City of Milton, Georgia. Questions regarding the RFP should be emailed to Cindy Eade (Sustainability Coordinator) by December 23, 2013. email: cindy.eade@cityofmiltonga.us. The City will provide official written answers, by email, to all questions by December 27, 2014. Sealed proposals will be received no later than 2:00 PM Local Time on January 6, 2014. Sealed proposals shall be submitted to: City of Milton Attn: Cindy Eade, 13000 Deerfield Parkway, Suite 107G, Milton, Ga. 30004. Proposals will not be accepted by email. City of Milton reserves the right to cancel or reject any and all proposals and to waive any technicalities or irregularities, and to award the contract based on the highest evaluation and in best interest of the City of Milton. 14-CDOI Page 1 I. INTRODUCTION Household Hazardous Waste (HHW) Defined as hazardous by 40CFR part 261 and regulated as hazardous waste by the United States Environmental Protection Agency (EPA) under Subtitle D to the Resource Conservation and Recovery Act (RCRA) of 1976,42 U.S.C.SS 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984, the Toxic Substance Control Act, 15, U.S.C. 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986, or any other federal statute or regulation governing the treatment, storage, handling, or disposal of waste, materials or substances which impose special handling or disposal requirements similar to those required by Subtitle C of RCRA; or A substance that is either found on one of several lists of hazardous wastes in the federal regulations or exhibits one of the four following hazardous waste characteristics: cormsivity (damaging to living tissue); ignitable (catches fire under certain conditions); toxic (causing injury or death if eaten or swallowed); or reactive (capable of causing an explosion). City of Milton desires to offer a program for the collection, packaging, lawful transportation; recycling, reuse, treatment, and/or disposal (at a permitted facility) of household hazardous waste (HHW) materials as defined herein from residents throughout the City of Milton. It is believed that the disposal of HHW in municipal solids waste (MSW) landfills, sewers, septic systems, groundwater or other environmentally inappropriate sites poses a potential threat to the public health and safety. The purpose of the HPLC collection program is three -fold: 1. To increase the public's awareness as to what constitutes HHW and potential dangers with improper disposal of these wastes, 2. To educate the public on recycling, reusing, treating, and/or disposing (at a permitted facility) HHW, and 3. To provide for the safe collection, handling, packing, lawful transportation, recycling, reuse, treatment, and/or disposal (at a permitted facility) of asmuchHHW as may be collected at the time of the event based on budget and participation. The collection event is planned to occur at Bell Memorial Park, 15245 Bell Park Road Milton, GA 30004 on Saturday, February 22, 2014; 9:00 AM — 1:00 PM. The facility has convenient access for citizens bringing HHW for recycling, reuse, treatment, or disposal ata RCRA approved disposal facility. The site will provide, controlled access to the general public and will provide sufficiently paved area for staging vehicles bringing the material and for having multiple moving lines to an area where the material can be removed for analysis, inventory, and appropriate handling by the Contractor: Residents and householders of the City of Milton will be permitted to deliver HHW between the hours of 9:00 AM to 1:00 PM. The City of Milton reserves the right to change the collection site location provided at least fifteen (15) days written notice prior to the scheduled date is provided to the Contractor. 14-CDO1 Paget H. SCOPE OF WORK A. Tasks 1. The Contractor shall manage all HHW delivered to the site by the general public. This includes providing an appropriate number of qualified chemists, technicians and appropriate staff to lawfully receive, identify, sort, package, label, load and transport waste received, as well as; enough general labor to expedite receiving materials during the event. Other events suggest that a staff capable of unloading 2 vehicles at a time (ata minimum) is needed as participants should remain in their vehicles. Responsibilities shall include, without limitation, the unloading of HHW from the general public's vehicles; identifying the materials delivered', inventorying each item, packaging the material for safe transportation and storage; manifesting the HHW and loading the material onto Contractor vehicles for ultimate processing through recycling, reuse, treatment, and/ or disposal at a RCRA approved disposal facility. 2. The Contractor shall be the "generator , of the HHW from the standpoint of the United States Environmental Protection Agency (EPA) and the Georgia. Department of Natural Resources Environmental Protection Division (GA-EPD). The Contractor shall comply with all municipal, state and federal regulations and laws, ordinances, rules and regulations. The Contractor shall obtain, at his own expense, all permits and licenses required by federal, state, or local law or ordinance, rule or regulation and maintain same in full force and effect. Waste acceptance, ownership and responsibility for necessary handling, packing, lawful transportation, storage, recycling, beneficial reuse, treatment, and/or disposalofwastes received at the collection site shall pass to the Contractor from the party delivering the acceptable waste at the time that party delivers to the collection event; 3. Contractor must offer for each material accepted (when applicable): First -Recycle Second -Fuel blend or reuse Third -Treatment Fourth-RCRA incineration Last Option- Land disposal B. Mobilization: 1. The Contractor shall assemble all of the necessary personnel and equipment on the site of the collection effort no later than 8:00 a.m. on the day of the collection, so as to be ready to begin the processing of the vehicles bringing HHW promptly at 9:00 a.m. C. Site Operations: 14-CDO1 Page 3 1. The Contractor shall be responsible for all site operations from the point where the general public vehicles containing the HEW move to the unloading area until the general public vehicles leave the unloading area. Upon arrival at the collection point the Contractor personnel, upon permission, shall open the doors of the vehicle and remove the HHW. 2. The Contractor shall have sufficient personnel to promptly handle at least two (2) vehicles at one time, leaving any non -acceptable materials in each vehicle and taking the acceptable materials to an area established for positive identification. 3. The collection day will be terminated at 1:00 p.m. or sooner at the direction of the Sustainability Coordinator, Cindy Eade or her designee, at which time the public will not be allowed to enter the collection area. 4. The HHW Contractor will monitor the intake of materials and estimate the volume and costs during the event to ensure compliance with the budget. 5. At the end of the collection event, the Contractor shall provide to the City of Milton an estimated total weight for all HHW collected from residents/households. 6. The Contractor shall load all collected material into trucks, clean-up and stow all equipment at the end of the collection event. The Contractor shall ensure that nothing is left behind from the collection effort and shall ensure that the site is in as good or better condition in all respects than it was prior to set-up and preparation for the collection event. 7. The Contractor shall meet with the Sustainability Coordinator, Cindy Eade on-site to ensure that the site is fully restored to its original condition. No vehicles or equipment shall remain at the collection site overnight after the day of collection. D. Handling, Packaging, Transportation, Reuse, Recycling, Treating and/or Disposal: 1. Contractor shall provide all equipment, staff and materials necessary to provide efficient collection and handling of all acceptable wastes received, and shall at all times operate the Collection Site and it Facilities in accordance with Applicable Law. 2. Contractor shall be responsible for lawful transportation, recycling, beneficial reuse, fuel blend, treatment,; storage and/or disposal of all wastes received at the collection site and must follow all local, district, state, and federal regulations with regard to all disposal methods; 3. Contractor must provide documentation of where material will be disposed including location, ID and contact person; 4. All third party disposal companies must be insured by the primary Contractor; 14 -CD 01 Page 4 5. Contractor shall be responsible for all costs and liabilities associated with a spill or accident if it occurs during loading and transition to the treatment center; 6. Contractor shall work under the immediate supervision of the City of Milton; 7. The Contractor shall provide written documentation (i.e., recycling certificate or other tracking documentation) of the ultimate reuse, recycling, treatment, and/or permitted approved disposal facilities, for HHW collected at the collection event. The Contractor shall also verify that all hazardous substances collected are disposed in a manner that constitutes strict adherence with EPA regulations. 8. In the unanticipated event any residual materials are left at the collection site after the event, Contractor agrees to pick up and dispose ofmaterialsproperly. E. Recordkeeping, Administration and Reporting: 1. Contractor shall add the City of Milton and employees as additionally insured with waiver of subrogation for workers compensation; 2. Contractor shall provide an invoice for the event within three days after the collection. 3. Contractor shall complete and submit the `Record of Operations" within fifteen (15) calendar days after the event date which shall provide a summary of routine and extraordinary activities during the collection event. Final payment will be contingent on receipt and approval of this document 4. The site report shall include, but is not limited to the following: a) The quantities in units and number of drums of all waste received itemized by the waste type as listed in Attachment A. • Drum counts shall indicate the packing method (i.e., loose packed, Lab -Packed, or bulked) and Recycling, Beneficial Reuse or Disposal method for each drum. • Lab -Packed drums shall indicate: i. The actual weight of waste contained in each drum, ii. The average weight of waste per drum for each waste type, and iii. The cumulative average weight of waste per drum for each waste type. b) A report of the complaints received by the Contractor in connection with the Contractor's operations under the Contract, with a summary of the Contractor's response to the complaints, if any. 14-CDO1 Page 5 c) An account of any extraordinary occurrences, accidents, or emergencies that arose during the collection event. F. City of Milton furnished property/services City of Milton will furnish traffic control barriers and additional personnel at the collection site to assist with the event. Before a vehicle reaches the unloading area, volunteers provided by the City of Milton, will check residency requirements and direct the resident to the proper unloading area. Additionally, City of Milton volunteers will distribute any educational and promotional items. Organization and monitoring of volunteer personnel will be the responsibility of the City of Milton. The City of Milton will provide signage to direct traffic to the site, site location, and scheduling. Residents will pre -register for the collection to ensure residency and to estimate HHW quantities. The City of Milton shall also notify the appropriate emergency response teams before the collection event. III. Indemnity and Insurance 1: The Contractor is an independent Contractor. The Contractor, its officers, agents or employees are not considered employees of the City of Milton for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a City of Milton employee under state of local law. 2. The City of Milton assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by or on behalf of the Contractor, its employees and/or others by reason of the Contract. The Contractor shall protect, indemnify and hold harmless the City of Milton and its officers, agent and employees for and against any and all claims, costs and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits or taxes; and/or (2) the supplying to the Contractor of work, services, materials, and/or supplies by Contractor employees or other suppliers in connection with or in support of the performance of the Contract. 3, The Contractor further agrees that it is financially responsible for and will repay the City of Milton all indicated amounts following an audit examination on which reveals errors due to the negligence; intentional act and/or failure for any reason to comply with the terms of the Contract by the Contractor, it officers; employees, agents and/or representative. The Contractor shall protect, defend, indemnify, and hold harmless the City of Milton, its officers, employees and agents from any and all costs, claims, judgments and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor, its officers, employees, and/or agents. The Contractor agreesthat its obligations under this subparagraph extent to any claim, demand, and/or cause of action brought by or on 14-CDO1 Page 6 behalf of any employees or agents. 4. Contractor shall procure and maintain for the entire duration of the event insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or Sub -contractors. The Contractor or Sub- contractor shall pay the cost of such insurance. The Contractor may fumish separate certificates of insurance and policy endorsements for each Sub -contractor as evidence of compliance with the insurance requirements of the Contract. Contractor shall provide a copy of public Liability Insurance covering the period of its occupancy and uses of the premises, obtained from a responsible insurance company legally licensed and authorized to transact business in the State of Georgia, with limits of not less than $1,000,000.00 for all damages arising out of bodily injuries or death of two or more persons in any one accident, and alimit of not less than $2,000,000.00 for all damages to or destruction of property in any one accident. This public liability policy shall insure the City and the Licensee against any liability, damage, claim or demand in any way arising out of or in connection with Licensee's occupancy or use of the premises under this agreement. Licensee shall furnish the City with a copy of the policy and evidence of full payment of the premium thereon prior to occupancy and use of the premises, and said policy shall have a clause showing that the insurance is in force and cannot be cancelled prior to the occupancy and use of the premises by the Licensee in the absence of written notice by the insurer to the City prior to the occupancy and use of the premises. IV. RESPONSE FORMAT Responders are required to submit their proposals in the following 6 page format Page 1. Contractor must provide a briefdescription of the firm and its specific expertise in HHW projects.. List three references of similar HHW events it was employed to conduct within the last 5 years, with contact information for the program manager. Page 2. Contractor must provide a narrative of the process and procedures describing the method of handling the HHW at the site and how the various items of HHW accepted will be inventoried and manifested. Include a typical event set up plan. Page 3-4. Contractor must provide a Contingency Plan to include the following elements: a. Describe provisions for the prevention of environmental contamination, the management and cleanup necessary, the prevention of explosions, fire or the release of toxic or hazardous substances. Include provisions on protecting storm water drains. 14-CDOI Page 7 b. Describe how the following will be handled: unknown wastes, inclement weather, spills of hazardous waste and accidents. c. Provide a typical or generic site health and safety plan. Designate a Health and Safety Officer to oversee the Health and Safety Plan. d. List all the emergency equipment and supplies proposed to bring to or provide at the site; list the names and telephone numbers of local emergency agencies, and the City of Milton, and federal agencies that must be contacted in the event of a fire, spill or other release at the collection site. e. List all of the equipment and/or supplies the contractor requires or expects the City of Milton, and other public and private agencies to bring to or provide at the sites. f. Describe provisions for material that could be dropped off after the closure of the event. Page 5. Contractor must provide pricing of the quantities set forth on the "Proposal Response Form' (Attachment A). Event costs shall not exceed the budgeted amount of $11,000. Page 6. Contractor must provide a narrative of the procedures for monitoring the quantities of collected materials and adherence to the City of Milton's budget. A. Qualifications and Experience: 1. The contractor shall demonstrate that it has substantial expertise in all areas relating to the collection, handling, packing, lawfully transporting, recycling, reusing, treating, and/or disposal at an approved facility of HHW. B. Expenses of Preparing Responses to this RFP The City of Milton accepts no responsibility for any expenses incurred by the responders to this RFP. Such expenses are to be borne exclusively by the responders. All information submitted in your response to this RFQ shall be subject to the Georgia Open Records Act and shall not be deemed to be confidential unless otherwise stated in the submission by reference to specific provisions that apply as specific exceptions to the Open Records Act. V. EVALUATION CRITERIA 50% Price (Page 5of Response Format) 50% Qualifications and proposed plans (Pages 1-4, 6 of Response Format) THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS AND TO WAIVE INFORMALITIES. 14-001 page 8 Attachment A 14-CDD1 Page Proposal Response Form Household Hazardous Waste and Paint Collection City of Milton "Prinnivy Esumated Method of Quantity Item Waste.. Description Disposal in Pounds '•'Price Per/Pound $notal Price Base Off based paint, stains, thinners and 1 paint strippers, solvents and varnishes, 9200 wood preservatives is Aerosol/spray paint 500 2. Latex and water based Palate 60M Mercury 3 Mercurysalts and elemental mercury, 50 thermometers; thermostats,antl other mercury containing Items 3a Fluorescent bulbs and ballasts 2D0. Lawn care product. 4 Poisons; insecticides, weed killer and 2DW pearldes, Aenosal/spray pesticides Automotive Products 5 Engine Degreaser, Brake Fluid, 200 Transmission Fluid, etc. Cleaner, Corrosives, and oxidizers 6 Cleaners, Spot Removers, Acids and 600 gases Ga Oxidizers 200 Flammables 7 Lighter Fl uid and Waste Fueis(As 500 Kerosene Gasoline- Diesel, eta Batteries g Household and rechargeable ISO Mobilization charges, Including all 9. labor, equipment, supplies,Insurance .and/oradditl one] charges. Total Prim $ Attach aparoprlate supporting documentation •• Primary method of disposal (i.e. . recycle; reuse/fuel blend, incine rail on, landfill *—Collection, handling, transportation, and disposal. Actual Prim will be actual quantities times "Price Per pound" Company Name and Title of Person to authorized to sign Signature Date 14-CDD1 Page No Text City of Milton ECOFLO, Inc. 2750 Patterson St. Greensboro, NC 27407 January 6, 2014 Response to City of Milton# 14-CDO1 Household Paint and Chemical Collection Event ECOFLO, Inc. Point of Contact: 2750 Patterson Street Kenneth Webb—VP, Field Services Greensboro, NC 27407 Direct Phone: 336.617.2733 Phone: 336.855.7925 Cell Phone: 336.324.6789 Company Profile Founded in 1982, ECOFLO, Inc. is in the business of providing industrial and hazardous waste -related services to a broad cross-section of clients including Fortune SODcompanies, small businesses, municipalities, school systems and federal agencies. ECOFLO has been involved with the collection of household hazardous waste since 1994 when it established a permanent HHW collection site for the City of Greensboro. Since then, ECOFLO has contracted to operate multiple permanent collection facilities such as Mecklenburg County, NC (Charlotte), Wake County, NC (Raleigh), the City of Greensboro, NC, for operational and disposal services at their permanent collection sites. In addition, ECOFLO has managed numerous one -day events for municipalities, as well as private companies conducting events for their employees and/or their local community. Resources for the City of Milton will be provided out of ECOFLO's RCRA, Part -8 permitted facility in Greensboro, NC as well as ECOFLO's Non -Hazardous facility in Americus, GA. ECOFLO's facility in Greensboro (EPA ID# NCD980842132), which serves as its headquarters, is a fully permitted Treatment, Storage, and Disposal facility used for storage and consolidation of smaller amounts of waste into larger, easierto manage, and more economical to dispose quantities. Select HHW References Municipality/ Location Description Point of Contact Phone# Dunwoody; GA Event Rebecca Keefer (678)382- 6811 Wake County, NC Events and Collection Sites (2) Lowell Shaw (519)856- 919)856-6201 6201 Mecklenburg County, NC Collection Sites (4) Steve Hoffman (704)336- 764)336-5371 5371 City of Greensboro, NC Events and Collection Site Eddie Raynard (336) 373- 7971 York County; SC Events Arthur Lignon (803)628, 3195. ECOFLO personnel will arrive on-site approximately 1-2 hours 'prior to the start of the event and will determine if inclement weather procedures need to be implemented. ECOFLO will unload the equipment and supplies to be used during the event including'setting up spill containment and spill countermeasures supplies. The Project Manager will determine the moststrategic, efficient, and effective locations for spill prevention and response equipment. ECOFLO personnel will set up collection and segregation stations and position supplies. The Project Manager will notifytheappropriate y p o Cit of Milton re resentative when ECOFLO ready to accept event participants. ECOFLO recommends a Greeter to be placed at a location to direct cars as they enter the final unloading area. Unloaders are the first to approach an automobile and will unload materials with rolling carts (with spill containment) to a segregation table. Chemists and Technicians will segregate items by hazard class and determine best method for handling (bulking or loose packing). Loose -packing chemicals by hazard class Is the preferred method for most HHW material as: it maintains asteady unloading pace, Items requiring further identification will be fingerprinted by the Chemist with field test kits for proper packaging, ECOFLO will provide. continuous contact with City of Milton personnel regarding any waste collection questionsor concerns: ECOFLO will closely monitor the participant volume as well as the container volume to make sure that the event remains within the parameters of the approved budget (see Page 6). Approximately one hour prior to the conclusion of the event ECOFLO personnel will begin to load any materials, already prepared for shipping, Upon the closure of the event ECOFLO will continue to process and load collected materials for shipping. ECOFLO will contact the appropriate City of Milton representative to determine If any additional materials have been dropped off (see Page 4). When all materials have been collected and packaged, ECOFLO personnel will begin to break -down the collection and segregation equipment and supplies. ECOFLO personnel will then remove secondary containment equipment and clean the area. The ECOFLO site chemist will prepare shipping paperwork and upon completion will contact the City of Milton representative to provide copies of the shipping documents and gets proper' signature for the manifest. ECOFLO personnel will inspect the site for any additional housekeeping, needs prior to leaving the site. Household Hazardous Waste Contingency Plan CC®FL® wmq,wwaaimwnaum,r.ma a. Containment carts (laboratory type) will be utilized during the unloading process when leaking containers are first noticed. Pour up or overpacking items In larger containers is the solution for those Items that are posing athreat to leakage. In addition, rags and absorbent material are readily available near all unloading carts as well as on the segregation table. Storm drains are protected when slopes at the collection pose threat with a combination of oil dry bags (filled with clay absorbent) and plastic. if possible, any area with storm drains will be avoided asa site for handling HHW Collection. b. ECOFLO will manage continue to collect HHW during rain; however, if severe weather including tornadoes or lightning threaten safety, safe havens will be determined for egress. Spills that are caused by ECOFLO personnel will be the responsibility of ECOFLO to cleanup. All cleanup media and equipment will be available onsite during the HHW Collection Event. If a material appears to differ from the description provided by the resident, the container will beset aside from other materials. ECOFLO will perform sampling and simple analysis for pH, compatibility, and water solubility. The compatibility test is only performed if deemed necessary and if the waste is to be consolidated at the HHW collection site. If a waste cannot be identified using resident knowledge; visual inspection, and simple testing, ECOFLO's Field Chemists will perform field. analysis to determine the DOT classifications. Spill .Prevention Plastic sheeting is placed under all working areas where spills are likely to occur. All bulk containers will be fully lined to prevent leakage, including non -hazardous containers. Spill prevention shall also constitute careful chemist/technician observation of all collection, identification, packaging, and loading steps. 512111 Control Absorbent pillows and: powder will be stationed at each collection and segregation point. A spill station will be stocked and strategically placed in order to minimize travel of the spill and allow for the most immediate response, Including quick access to cover/ dike storm drains. in the unlikely event of a spill, sufficient equipment is on -hand including but not limited to: 1) Hazorb spill pillows and. booms; 5) Non -sparking shovels; 2) 3M petroleum only booms; 6) Mercury spill kit; 3) Oil dry; 7) Brooms; and 4) Hazorb bulk acid/caustic neutralizer; 8) Shovels. It shall be the responsibility of the Site Project Manager on duty at the time of the spill incident to report Immediately, by telephone or In person to the following persons: 1) Primary Contact Kenn Webb—Project Manager Home Phone: (336) 348.1660; Office Phone: (336) 855-7925; Gell: (336) 324-6789 Household Hazardous Waste Contingency Plan CCOF'L.O r+Wm.x�„manawwwipmm Emergency contacts — City of Milton 2) Fire Dept. &,Rescue Squad: 911 or 770-740-2422 (15240 Thompson Rd., Milton, GA) Police: 911 or 770-297-6300 option 1(Non-Emergency) Hospital/ EMT: 770-751-2500 (North Fulton) If a spill has occurs, the following agencies may be notified, but is usually not required for HH W material • GA Environmental Protection Div. • National Response Center Phone: 1-888-373-5947 Phone: (800) 424-880 Any material that is the result; of a spill at the site will be treated, stored, or disposed of in accordance with thfs plan. Leaking containers will be emptied or overpacked immediately upon their discovery and will not be reused. All areas that have been impacted by the spill will be closed until the affected area has been.cleaned up. c. See Appendix for Typical Health and Safety Plan (HASP). A site specific plan will be developed for the City of Milton upon award of project. This will include assignments specific to Health and Safety Officer for the collection project. All project HASP's completed by ECOFLO are under the review of Ray Dudley — Manager, Compliance Health&Safety. d. Supplies that ECOFLO will provide to include the following( Fork lift Canopy Trucks with full size lift gates Pailetjack Drum dollies Fire extinguishers First aid kits Eye washes Emergency Shower Full -fate, respirators Tyvek coveralls Leather gloves Chemical resistant gloves Shovels and brooms Safety glasses/goggles Oil dry Absorbentbooms Spill pads Neutralizers Plastic sheets Vermiculite Toolbox 85 gallon overpacks 55 gallon -steel drums 30 gallon fiber drums Lab pack containers 5 gallon plastic palls 2 cubic feet fiber drums Cubic yard boxes Box liners Labels Unknown testing kits *Note: ECOFLO will provide Scales for weighing material prior to shipment off site. (see Page 6) .e. Other than to support traffic control and provide any specific surveys that are required by City of Milton, ECOFLO does not require any materials or supplies to be provided by City of local personnel for the HHW Collection. f. With trucks in the area of Milton on a weekly basis, any return for"late drop off' will be coordinated at the convenience of Milton personnel. Disposal rates will apply with no charge on mobilization for up to two return trips. Further trips, if necessary, will be negotiated for mobilization rates. +CCi7t"LC! Attachment A 13-C.DO2 Page 10 Proposal Response Form Household Hazardous Waste and Paint Collection City of Milton "Prima Estimated Meihod of Quantity Lem Waste Description: Disposal MPounds '"Pdce PedPwtui $TotalPdce Bme Fuels t 011based painLatains, Ihinnera and Blending W,2 $Z30000 paintsipppers. aoWnlsandvwnlshes, tim wood Wasarpatives la AercwV,ra paint .. Fuels 5Db - ,75 315:00 2 Lat.. and water based paints R6 illi 0.9. core $010 91.200.00. Mercury Retort 3 Meroury sells and elemental maRury; 50 thermometers. thermostats, and ether $2.oD $300.00 mercury conlaini ngitems 34 Fluorescent bubsano ballasts Re me 200 $0.75 150.00. L"n care pm0una ncineratlon 4 Poisons, vrsecti ides, weed kill., W 2000 $0.75: $1,500.00 peSlWdea. Aerosol/sp my pes@ldes AolotitotNe: P,odom Fuels 5 Engine Ckgreaser. Brake Find, Blending 200 $0:25 $50:OD Tmnemission FlW4 etc. CleaneEConesives. aM Ozglien eutralization 6' Cleaners; Spot Ramovars/wids and fiC0 $0.25 $150.00 Bases ffa 0videars .Incineration 200 :75 150.00 Ftammaoles Fuels Llghter EiuitlpodwameFuels(As leading s00 $0:50 $250.00 Kerot.ce,GasmHe:Dlowl,to, Y Batteries Recycle HousehnlearM rechargeable t50 Mobtilzaltonenarges. includingall 9. labur, equipment suppies,iisurance $ 3:670.00 and/aradditlonalcii ea. Talar Price $9,970.00 ',. daach'tabc-1 nfe.ny Perjjieq d..... ainn -Prbnar tmothodof disposal (Le.recycle.:reuse/fuel ble nd. incineration, landfill -^Colactbn.handling,nenaponabon,sn dlspesal.Acfual rice will be actual quantities: Bines Tine per powA' ECOFLO, Inc: Charlie Witzke, CFO Company Name and Title Of Personto authorized to sign Signature January 3, 2014 Dale 13-C.DO2 Page 10 Monitoring Budget for City of Milton ECOFLO understands the necessity to control the budget for this HHW Collection Event. ECOFLO personnel will have the ability to track the quantities as received by utilizing an on-site scale for certain materials priced "per pound" and will identify those items that control the overall cost due to volume or unit price. Spreadsheets with the pricing schedule will be set up on laptops on site and will be managed by the Project Manager to keep track of volumes and budget. — — — These key items will be watched closely as they are received. ECOFLO considers the opportunity to work with the City of Milton a partnership and will also consider allowing some leeway with the final quantities in the event that the closing time set Is close. In other words, the Project Manager will have the call to allow material slightly above the $11,000 limit to be received and ECOFLO will bill for the budget amount only. We understand the need to budget and also satisfy the customer, in this case, the public Thank you for the consideration of our proposal. EXIBIT "B" Insurance Certificate CERTIFICATE OF LIABILITY INSURANCE INSR page 1 of 2 12/30/20 3131 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pOlicy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the, policy, certain policies may require an endorsementA statementon this certificate does notconferrights tothe certificate holder In lieu of such endorsement(s). PRODUCER Willi. of Maryland, Inc. C/o 26 Century Blvd: P. O. Hoz 305191- Nashville, IN 37230=5191 CONTACT PHONE , 877-945-7378. yyLi) -MAILS: Ceitl� - e 9111 •CW OENERALLLASILITY COMMERCIALGENERALLIABILRY CLAIMS-MADEO OCCUR INSURERS FFORDING COVERAGEAN INSURERA 01'ea_nwlah IDsurance. Company - INSURED _ _.. SCOFLO Holding, Inc. 2aD. aCOPLO Southeast, Inc. INSURERS YL specialty Insurance CompanyHCOyLp, INSURER C: YI. BPaoialty Ineuranca Coalpany IND: 2750 'Patterson street ereanaboro, INC 27407 INSURERS "SUR" F: r.nVFCAhcC _......... ..�...... -,., �.,��.a�o KCVISIGN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER. DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. INSR TypE OFINSURANCE Do- SUS POU"NUMBER POLICYEFF 2/31/201312/31/201 POLICYEXP UMTS A OENERALLLASILITY COMMERCIALGENERALLIABILRY CLAIMS-MADEO OCCUR GECOOOS14414 EACH OCCURRENCE $ 00'. ET RENTED 6. 1 MEDEXPM mM ereon $ O PERSONALaAOVINJURY §': 0 0 GENERALAGGREGATE 8 0 A B C A WA ARCO00314514 URCOOOS14914 WSCOOO51$014 PEC00051 b13. 2/31/201 / 2/31/2013 2 2/31/201312/31/20l 31 2013 '12/31/201 12/31/201 ixTAI 12 31 201i GEN'LPOLICY ATE LIMITAPPMES PER: POLICY MO, LOC AUTOMOBILE UABILm X ALL OWNSUTO ALL SCHEDULED HIREDAUTOS NON -OWNED AUTOS ..... _ X.. Sired Phys. X umeRELLALme X OCCUR EXCESS UAB CLAIMS -MADE PRODUCTS-COMPIOPAGG s O O § aMBI IOSINGLE LIMB s. 1,,000,000 WDILYINJURY(Perpe.) S 90DILYINJURY(Perecc .Q $ ersoddeM § $... ._ _.. FACHOCCURRENCE $ $ 10 AGGREGATE 0 0 DEO. RETENTIONS WORHERSCOMPENSATIOR AN09MPLDYERB'LIABILJTY ��y ANYPROMLTORIPARTNEIUEXECUMOM OFFICERMEMBER EXCLUDED? tJ 1,51an t«vL,NXI r ROYs RRIF'RilONNw0FFeOPERATIONSIxil. EB Contractor Pollution Legal Liability $ E.LEACHACGDENT $ 500. 0.00 E.L.DISEASE-EAEMPLOYEE s 500,000 EL. DISEASE -POLICY UMI? S 500,000. gS,DDD,00o Raob Ciaim including Deface. costs $10,000,000 Aggregate DESCRIPTION OF OPERATIONS! LOCATIONS/ VEHICLES (Attest Acord 101, MdHonY ftamerksecHMsis,: Hmsreapaca a rwleesd) See Attached rconrtrarc uni nee c,.v�nvn SHOULD ANY OF THE ABOVE DESCRIBED. POLICIES BE CANCELLED. BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORMEDREPRESENTATNE - Evidence of .Insurance C011:4297344 TP1:1755238 Cert:20921895 01988-2010ACORD CORPORATION. All riohts reserved ......... . na na.vnu name ano Ingo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: A� ADDITIONAL REMARKS SCHEDULE Pa a 2of 2 AGENCY 4 - NAMED INSURED Willie of Maryland, ECOFLO Holding, Inc. Inc. ECOFLO, Inc. ECOFLO Southeast, Inc. POLICY NUMBER _ 2750 Patterson Street See First Page Greensboro, NC 27407 CARRIER NAICCODE See FirstPII a ann:rinunl AnAe . EFFECTMEDATE: See First Page THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORMTITLF- CERTIFICATE OF LIABILITY INSURANCE Policy #FC60007123 Carrier: U.S. Specialty Insurance Company Policy Period: 12/31/2013 -12/31/2014 Limits : Real and Personal: $11,726,006 Lose Limit Boiler & Machinery covered under Property Policy #FC60007123 Plirro5Pp31)2Yy 3nau12qq31/201& any Policy 1 Limits: $10,000,000 Total Limit Per Breakdown Professional Liability Policy #PEC000514613 Carrier; Rpp yy PolicyPeriod: 12/31/2013C e 12/31/2014 gLimits: 5,000 000 Defense1costs $10,000,0.00 Aggregate Pollution/Remediation Liability Policy No. PEC000514704 Dates: 12/31/2011 - 12/31/2014 Carrier: IndianHarborInsurance Company - 36940-200 The following Conditional Sites: .$10,000,000_:. Aggregate .......... Sublimit of Liability At Non -owned Disposal Sites: 51,000, 000. Each PoIllution Condition $1,000,000 Aggregate ACORD 101 (2008101) Co11:4297344 Tpl:1755238 Cert:20921895 .©2008 ACORD CORPORATION. All rights I ne Acurcu name and logo are registered marks of ACORD STATE OF GEORGIA C�7 Y 11'(17 amu' I I N.IC1J►1 EXHIBIT " CONTRACTOR AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with is authorized_ to use and uses the federal work authorization program commonly_known as &Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10- 91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date [Insert Company Name] /Zn Title of Authorized Officer or Agent QQf Conhactor �1 G//� 12 PeMTEII nn (T�priCG✓t— l.�/� A OCZ [ IV U MCA gFE- Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE o201&DAYOF J"Ltarq 2014 Public My Commission Expires: .Tun- A7 . Q oit MARY B. WHITENER Notary Public Guilford County North Carolina Commission ExplM Jun 27, 2015 1 y --a) W'-W- &r-AOri'IC$2 HOME OF ' Ivv I I—, I k ) 1,\j. ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 10, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend the City of Milton Radar Permit to Include the Cambridge High School Zone. MEETING DATE: Wednesday, January 22, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4 APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. O YES (0 NO CITY ATTORNEY REVIEW REQUIRED: & YES O NO APPROVAL BY CITY ATTORNEY �APPROVED O NOT APPROVED PLACED ON AGENDA FOR: a 1 2 z.i REMARKS You PHONE: 678.242.2500 1 FAX: 678.242.2499n� Green ;Certified * Community x F,sf r info@cityofmiltonga.us www.cityofmiltonga.us ,.. p .— S..,..,.,.—v �, �r 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 «^* r [o .^o.:� To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: Submitted on January 10, 2014 for the January 22, 2014 Regular Council Meeting Agenda Item: Consideration of an Ordinance to Amend the City of Milton Radar Permit to Include the Cambridge High School Zone ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: With the addition of Cambridge High School the City of Milton radar permit must be amended to allow the use of radar enforcement equipment within this school zone. This ordinance amendment is to include the Cambridge High School zone on Bethany Bend and Cogburn Road in Chapter 56, Article III: Speed Limits of the City of Milton, Traffic and Vehicles, no other changes are proposed with this revision. Funding and Fiscal Impact: N/A Alternatives: The council may elect not to add the school zone to the radar permit. Eliminating this school zone would preclude the use of all radar equipment in the enforcement of the reduced speed limit. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 12/26/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1. Ordinance 1 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND THE CITY OF MILTON RADAR PERMIT TO INCLUDE THE CAMBRIDGE HIGH SCHOOL ZONE BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a regular called Council meeting on the 3rd day of February, 2014 at 6:00 p.m. as follows: WHEREAS, pursuant to O.C.G.A. § 40-6-183, the City Charter of the City of Milton, and other powers vested in the City, the City is authorized to regulate speed zones and establish speeding regulations within the corporate limits of the City; and, WHEREAS, a traffic and engineering investigation, required by law, has been completed regarding maximum vehicle speeds on the roads, streets, highways and other public ways within the City described in this ordinance and attached hereto; and, WHEREAS, the City desires, pursuant to and in compliance with O.C.G.A. § 40-14-1 et seq., to permit the use of speed detection devices, including radar and laser detection devices , on the roads, streets, highways and other public ways within the City; and, WHEREAS, the City of Milton’s Law Enforcement Department is lawfully authorized to exercise the powers of arrest and to enforce the traffic laws of this State; and, WHEREAS, pursuant to State Law, it shall be unlawful to use speed detection devices on the roads, streets, highways and other public ways within the City of Milton, which are not specifically described within this ordinance; and, WHEREAS, the City desires for the Milton Police Department and any other sworn law enforcement officers acting within their scope of duty and within their jurisdiction to enforce the speed zone regulations established by state law and this ordinance; NOW THEREFORE, the Mayor and Council of the City of Milton hereby amends Chapter 56, Article III: Speed Limits of the City of Milton, Traffic and Vehicles Ordinance by deleting the schedules in Section 56-43 placed after the sentence “The maximum speed limit on the public streets are set forth in the schedules in this section” in their entirety and inserting in their place in Section 56-43 new schedules as attached hereto and incorporated herein by reference as Exhibit “A.” [SIGNATURES ON THE FOLLOWING PAGE] 2 ORDAINED this 3rd day of February, 2014. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ (SEAL) Sudie AM Gordon, City Clerk LIST NUMBER 10-2013-01 The City Council of the City of Milton is hereby requesting that the following roadways be approved for the use of speed detection devices: LIST OF ROADWAYS for CITY OF MILTON ON -SYSTEM *This segment is listed for clarification of actual posted speed limit. This segment is not approved for speed detection device usage for Local Governments. ****SCHOOL ZONES ARE EFFECTIVE**** A.M. from 45 minutes prior to the earliest commencement time to 15 minutes after the latest commencement time - SCHOOL DAYS ONLY. P.M. from 15 minutes prior to the earliest dismissal time to 45 minutes after the latest dismissal time - SCHOOL DAYS ONLY. Page 1 of 5 WITHIN THE CITY/ TOWN LENGTH STATE LIMITS OF andlor MILE MILE IN SPEED ROUTE School Name FROM POINT TO POINT MILES LIMIT 9 MILTON Windward Pkwy. 27.04 Forsyth County Line 30.10 3.06 45 (N. Alpharetta City Limits) 140 MILTON Cherokee County 0.00 0.15 mi. south of 3.01 3.01 45 Line Green Road 140 MILTON 0.15 mi. south of 3.01 0.22 mi. north of 4.06 1.05 35 Green Road Saddle Creek Drive (W. Roswell City Limits) 372 MILTON SR 140 0.00 0.03 mi. north of 0.57 0.57 35 Green Road 372 MILTON 0.03 mi. north of 0.57 0.11 mi. south of 2.08 1.51 35 * Green Road Spring Falls Road 372 MILTON 0.39 mi. south of 1.33 0.18 mi. north of 1.90 0.57 25 **** Crabapple Kensington Farms Kensington Farms SCHOOL Crossing Drive Drive ZONE Elementary School Northwestern Middle School 372 MILTON 0.11 mi. south of 2.08 0.47 mi. north of Nix 7.02 4.94 45 Spring Falls Road Road 372 MILTON 528 feet north of 5.26 0.30 mi. north of 5.46 0.20 35 **** Birmingham Falls Wood Road Wood Road SCHOOL Elementary School ZONE **** 372 MILTON 0.47 mi. north of 7.02 0.10 mi. north of New 7.49 0.47 35 * Nix Road Bullpen Road 372 MILTON 0.10 mi. north of 7.49 Cherokee County Line 8.89 1.40 45 New Bullpen Road *This segment is listed for clarification of actual posted speed limit. This segment is not approved for speed detection device usage for Local Governments. ****SCHOOL ZONES ARE EFFECTIVE**** A.M. from 45 minutes prior to the earliest commencement time to 15 minutes after the latest commencement time - SCHOOL DAYS ONLY. P.M. from 15 minutes prior to the earliest dismissal time to 45 minutes after the latest dismissal time - SCHOOL DAYS ONLY. Page 1 of 5 LIST NUMBER 10-2013-01 OFF -SYSTEM Page 2of5 WITHIN Tim Y1 T0NYN 1`SPE1�i3°;? Li�HTSfl.�aixi/or"" ,tip; ROi Sf SchuoiName., izI3M 3.: _ ;To Affirmend Ct. MILTON Triple Crown Drive Cul-de-sac 0.31 25 Alpha Woods MILTON Thompson Road Thomas Creek Court 0.28 25 Drive Arabian Avenue MILTON New Providence Road Dead end 0.66 25 Avensong MILTON Deerfield Parkway Dead end 0.29 25 Crossing Avensong Ives MILTON Serenade Court Avensong Village Circle 0.27 25 Way Avensong Village MILTON Avensong Ives Way Dead end 0.63 25 Circle Barberry Drive MILTON The Hermitage Drive Cul-de-sac 0.48 25 Batesville Road MILTON Birmingham Highway Cherokee County Line 1.30 45 Bay Colt Road MILTON Dead end Dead end 0.61 25 Belleterre Drive MILTON Bethany Bend Dead end 0.64 25 Bethany Bend MILTON Hopewell Road SR 9 2.94 45 Bethany Bend MILTON 0.11 mi. West of 0.26 mi. East of 0.37 35 *** Cambridge High Cogburn Road Cogburn Road SCHOOL School ZONE *** Bethany Bend MILTON SR 9 McGinnis Ferry/Morris Rd. 1.37 40 Bethany Church MILTON Bethany Bend Dead end 0.53 25 Road Bethany Road MILTON Mayfield Road Haygood Road / Bethany 2.00 40 Bend Bethany Way MILTON Haygood Road / Bethany Hopewell Road 0.70 45 Road Birmingham Road MILTON SR 372 Freemanville Road 0.75 40 Birmingham Road MILTON Freemanvile Road Hopewell Road 1.95 45 Broadwell Road MILTON Crabapple Road Rucker Road 0.70 35 Brookshade MILTON Hopewell Road Oakhurst Leaf Drive 0.42 25 Parkway Cogburn Road MILTON Webb Road Bethany Bend 1.41 40 Cogburn Road MILTON 343 feet south of 800 feet north of 0.40 25 *** Cogburn Woods Webb Road Glaston Way SCHOOL Elementary School ZONE Hopewell *** Middle Cogburn Road MILTON 0.34 mi. South of 0.09 mi. North of 0.43 35 *** Cambridge High Bethany Bend Bethany Bend SCHOOL School ZONE *** Cogburn Road MILTON Bethany Bend Francis Road 1.34 40 Copper Creek MILTON Creek Club Drive Cul-de-sac 0.25 25 Circle Cowart Road MILTON Summit Road Providence Road 0.45 25 Creek Club Drive MILTON SR 9 / Cumming Highway Francis Road 1.35 25 Deerfield Parkway MILTON Cumming Highway Windward Parkway 1.65 35 Dinsmore Road MILTON Freemanville Road Thompson Road 1.60 35 Dorris Road MILTON Providence Road Birmingham Highway 1.40 35 Page 2of5 LIST NUMBER 10-2013-01 Page 3 of 5 WunmT E CIY1t rower ,lvr -:LMffSIrl+'aurtTrr i. ItOA 3 NAME , a Tthol iVame QIYi To MILE LIMIT": Double Springs MILTON Thompson Springs Drive Dead end 0.34 25 Way Drummond Pond MILTON North Valleyfield Road Dead end 0.38 25 Road East Bluff Road MILTON Thompson Road Dead end 1.12 25 Francis Road MILTON Cogburn Road Forsyth County Line 1.54 40 Freemanville Rd. MILTON Mayfield Road Providence Road 1.74 40 Freemanville MILTON 105feet North of 1600 feet North of 0.28 25 Road Crabapple Crossing Mayfield Road Mayfield Road *** Elem. SCHOOL Northwestern Middle ZONE Milton High School Freemanville MILTON Providence Road Mountain Road 4.75 45 Road Freemanwood MILTON Freemanwood Road Dead end 0.40 25 Lane Glen Hampton MILTON White Columns Drive Dead end 0.36 25 Drive Green Road MILTON SR140/Arnold Mill Road SR372/Crabapple Road 0.50 40 Hagood Rd. MILTON Bethany Way Redd Road 0.49 40 Hamby Road MILTON Hopewell Road Forsyth County Line 1.30 45 Hampton Bluff MILTON White Columns Drive Dead end 0.39 25 Drive Henderson MILTON Henderson Road Dead end 0.36 25 Heights Drive Henderson Road MILTON Freemanville Road Birmingham Road 1.40 35 Hickory Flat Road MILTON Birmingham Highway Cherokee County Line 1.70 45 Holly Road MILTON SR 140 Dead end 0.30 25 (Arnold Mill Road) Hopewell MILTON Hopewell Road Cogburn Road 1.50 25 Plantation Drive Hopewell Road MILTON 353' North of Forsyth County Line 7.70 45 Vaughn Drive Kensington Farms MILTON SR 372 Cul-de-sac 0.86 25 Drive Laurel Grove MILTON Dinsmore Road Dead end 0.41 25 Drive Longstreet Road MILTON Hopewell Road Forsyth County Line 1.10 35 Mayfield Road MILTON Mid -Broadwell Road Freemanville Road 0.70 45 McGinnis Ferry MILTON Morris Road SR 400 0.60 45 Road Mid -Broadwell MILTON Crabapple Road Charlotte Drive 0.35 40 Road Morning MILTON Creek Club Drive Cul-de-sac 0.04 25 Mountain Way Morris Road MILTON Deerfield Parkway McGinnis Ferry Road / 1.38 35 Bethany Bend Mountain Road MILTON Hopewell Road Freemanville Road 1.64 40 New Bullpen MILTON Birmingham Highway Cherokee County Line 0.78 40 Road New Providence MILTON Birmingham Highway Arnold Mill Road 3.50 45 Road Page 3 of 5 LIST NUMBER 10-2013-01 Page 4of5 UVIT, x �.�sOF.an�ilc�r ` . .' , ROAD `' c a d Va e 7 tC Tt NIL s., UWT New Providence MILTON Providence Lake Point 1035 feet east of 0.20 25 Road Mill Springs Providence Lake Point *** Academy SCHOOL ZONE North Brookshade MILTON Brookshade Parkway Dead end 0.32 25 Parkway North Valleyfield MILTON Dinsmore Road East Bluff Road 0.30 25 Road Oakhurst Leaf MILTON Dead end Dead end 0.69 25 Drive Oakstone Glen MILTON Cogburn Road Dead end 0.31 25 Owens Farm Road MILTON Birmingham Highway Old Cedar Lane 0.41 25 Petersford Way MILTON Kensignton Way Cul-de-sac 0.28 25 Phillips Road MILTON Hopewell Road Mountain Road 0.60 35 Pony Tail Road MILTON Five Acre Road Dead end 0.30 25 Providence Lake MILTON New Providence Road Dead end 0.98 25 Drive Providence Oaks MILTON Providence Road Dead end 0.45 25 Street Providence Park MILTON Providence Road Dead end 0.41 25 Drive Providence MILTON New Providence Road Blackmaral Lane 0.05 25 Plantation Providence Road MILTON 1000 feet north of SR 372 2.80 45 Lantern Ridge Drive (Birmingham Road) Providence Road MILTON 2000 feet west of 175 feet east of 0.47 25 *** Summit Hill Cowart Road Cowart Road SCHOOL Elementary School ZONE Ranchette Road MILTON SR 140 / Arnold Mill Road New Providence Road 0.60 35 Redd Road MILTON Hopewell Road Freemanville Road 1.20 45 Sable Point Drive MILTON Henderson Road Dead end 0.26 25 Seabiscuit MILTON Affirmend Court Cul-de-sac 0.50 25 Serenade Court MILTON Bethany Bend Avensong Ives Way 0.54 25 Sonata lane MILTON Avensong Crossing Cul-de-sac 0.28 25 Stonebrook Farms MILTON Thompson Road Dead end 0.33 25 Drive Sweetbrier Drive MILTON Belleterre Drive Cul-de-sac 0.25 25 Taylor Road MILTON Batesville Road Birmingham Highway 1.40 45 The Hermitage MITLON Cogburn road Cul-de-sac 0.50 25 Drive Thompson Road MILTON Hopewell Road Redd Road 2.40 45 Thompson Road MILTON Hopewell Road Francis Road 1.70 45 Thompson MILTON Thompson Road Dead end 0.36 25 Springs Drive Thorntree Run MILTON Tullmore Way Cul-de-sac 0.31 25 Treyburn Manor MILTON White Columns Drive Cul-de-sac 0.58 25 View Treyburn Run MILTON Treyburn Manor View Treyburn Manor Drive 0.34 25 Page 4of5 LIST NUMBER 10-2013-01 ***SCHOOL ZONES ARE EFFECTIVE*** A.M. from 45 minutes prior to commencement time to 15 minutes after commencement time — SCHOOL DAYS ONLY. P.M. from 15 minutes prior to dismissal time to 45 minutes after dismissal time — SCHOOL DAYS ONLY. ALL LISTS AND PARTS OF LISTS IN CONFLICT WITH THIS LIST ARE HEREBY REPEALED. Signature of Governing Authority: Mayor Sworn and Subscribed before me This day of , Clerk to the Commission Page 5 of 5 rrx� E CITY t OWNENG1 RU.�"1wiAiYt=: ;=,eizt1Vart��'' .I+R4�"".;" �'d MiLI✓ ;1�I��"�; Treyburn Manor MILTON White Columns Drive Treyburn Run 0.21 25 Drive Triple Crown MILTON Triple Crown Drive Cul-de-sac 0.30 25 Court Triple Crown MILTON SR 372 Cul-de-sac 0.88 25 Drive Tullgean Drive MILTON Tullmore Way Cul-de-sac 0.59 25 Tullmore Way MILTON SR 372 Cul-de-sac 0.04 25 Webb Road MILTON Windward Parkway Dead end 1.32 35 White Columns MILTON Freemanville Road Cul-de-sac 1.34 25 Drive Wolf Willow MILTON Creek Club Drive Cul-de-sac 0.39 25 Close Wood Road MILTON Phillips Circle SR 372 1.42 25 Wyndham Farms MILTON Cogburn Road Dead end 0.47 25 Drive ***SCHOOL ZONES ARE EFFECTIVE*** A.M. from 45 minutes prior to commencement time to 15 minutes after commencement time — SCHOOL DAYS ONLY. P.M. from 15 minutes prior to dismissal time to 45 minutes after dismissal time — SCHOOL DAYS ONLY. ALL LISTS AND PARTS OF LISTS IN CONFLICT WITH THIS LIST ARE HEREBY REPEALED. Signature of Governing Authority: Mayor Sworn and Subscribed before me This day of , Clerk to the Commission Page 5 of 5 HOME OF ' ' 01\j ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 24, 2014 FROM: City Manager AGENDA ITEM: Consideration of A Resolution Reappointing a Member to the City of Milton Board of Zoning Appeals for District 3/Post 1. MEETING DATE: Monday, February 3, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: j`) APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES NO CITY ATTORNEY REVIEW REQUIRED. () YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: O Z O `314 REMARKS * 4 ©�Youn PHONE: 678.242.2500 I FAX: 678.242.2499 '-Green o WINNEII Community ; Certificd * 4,�Ethics � �P'0 info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERTIFIED BRONZE �j�LL STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION REAPPOINTING MEMBERS TO THE CITY OF MILTON BOARD OF ZONING APPEALS FOR DISTRICT 3/POST 1 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on February 3, 2014 at 6:00 pm. as follows: SECTION 1. That _______________ (District 3/Post 1) is hereby reappointed for a term commencing February 3, 2014 and ending on December 31, 2017 and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 3rd day of February 2014. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ (Seal) Sudie AM Gordon, City Clerk M HOME OF I L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 28, 2014 FROM: City Manager AGENDA ITEM: Consideration of A Resolution Reappointing a Member to the City of Milton Historic Preservation Board for District 3/Post 1. MEETING DATE: Monday, February 3, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ()APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES A NO CITY ATTORNEY REVIEW REQUIRED: () YES K) NO APPROVAL BY CITY ATTORNEY () APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: b 2-o34 REMARKS 14 You PHONE: 678.242.2500 FAX: 678.242.2499 3AWA41 '-Gr"een Community E,h; sf info@cityofmiltonga.us ( www.cityofmiltonga.us A �( �� ��e`` 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION REAPPOINTING A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF MILTON FOR DISTRICT 3/POST 1 BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on February 3, 2014 at 6:00 p.m. as follows: SECTION 1. That _______________ (District 1/Post1) is hereby reappointed for a term commencing February 3, 2014 and ending on December 31, 2017; and SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 3rd day of February, 2014. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________________ (Seal) Sudie AM Gordon, City Clerk ivlI L 10 N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 24, 2014 FROM: City Manager AGENDA ITEM: Consideration of A Resolution of the City of Milton, Georgia Enacting A Moratorium for 180 Days to Bar The Acceptance of Applications for Rezonings to the CUP, NUP, TR, R-2 and R -2A Zoning Districts. MEETING DATE: Monday, February 3, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �,) APPROVED O NOT APPROVED E CITY ATTORNEY APPROVAL REQUIRED: Y'\1 YES () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 4 2 0' 3 0 ► REMARKS ©v you( PHONE: 678.242.2500 1 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -Green Community ,..a.y .. w.. w S...u�aw..... , CERT.F,EO BR042! *Certified * Top ioo city �,f � Ethics�� �j�LL Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING A MORATORIUM FOR 180 DAYS TO BAR THE ACCEPTACE OF APPLICATIONS FOR REZONINGS TO THE CUP, NUP, TR, R-2 AND R-2A ZONING DISTRICTS WHEREAS, the Section 1.12(b)(26) of the Charter of the City of Milton, Georgia (“City”) empowers the City to regulate development within the City limits through zoning; and WHEREAS, the Chapter 64 of the current Code of the City of Milton, Georgia (“zoning ordinance”) divides property within the city into various districts, and regulates the use and development of property based on the district to which the property is designated; and WHEREAS, the City has recently seen an increase in applications seeking to rezone property to certain districts that may allow appropriate uses but may have less restrictive regulation than the City now believes to be appropriate; and WHEREAS, the City intends to consider amendments to the zoning ordinance with respect to the performance standards in the CUP, NUP, TR, R-2 and R-2A zoning classifications; and WHEREAS, on January 6, 2014 the Milton City Council adopted a moratorium barring for 30 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications until such time as a longer moratorium could be considered by the City Council after a public hearing meeting the standards of Georgia’s Zoning Procedures Law, O.C.G.A. § 36-66-1, et seq. (“ZPL”); and WHEREAS, on February 3, 2014, after publication of legal notice in compliance with the Georgia’s ZPL, the City conducted a public hearing on a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City’s zoning ordinance; WHEREAS, the City finds that a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City’s zoning ordinance will allow the City to improve the performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications; and WHEREAS, the City finds a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 Page 2 of 2 and R-2A zoning classifications pursuant to the City’s zoning ordinance to be narrowly tailored and the least restrictive means available to address the City’s needs both in terms of the 180-day time period and in terms of the limitations as to limitations on the CUP, NUP, TR, R-2 and R-2A zoning classifications; WHEREAS, the City finds a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City’s zoning ordinance to be in the best interests of public health, safety, and welfare. NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City does hereby enact a moratorium to bar the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications for 180 days in order to allow the City to consider amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City’s zoning ordinance. 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) 180 days from the date of adoption of this Resolution; (2) approval by the City Council of an additional moratorium after a public hearing; or (3) the adoption of an amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City’s zoning ordinance. 3. The moratorium imposed herein does not limit the ability of property owners to develop their land as currently zoned or permitted. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO RESOLVED, the public’s health, safety, and welfare demanding it, this 3rd day of February, 2014. CITY OF MILTON, GEORGIA _____________________________ Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk uJ HOME OF ' M11 JUN ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 24, 2014 FROM: City Manager AGENDA ITEM: Consideration of A Resolution Adopting the City of Milton Parks and Recreation Department Youth Sports Concussion Policy. MEETING DATE: Monday, February 3, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER:y') APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( YES () NO CITY ATTORNEY REVIEW REQUIRED: KYES () NO APPROVAL BY CITY ATTORNEY )c APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 2 nal q REMARKS 4 You PHONE: 678.242.2500 1 FAX: 678.242.2499 : w Green0 Community i i y of info@cityofmiltonga.us www.cityofmiltonga.us ....y,M . w.. 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "','ate To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on 1/16/2014 for the 02/03/2014 Regular Council Meeting Agenda Item: Consideration of a Resolution Adopting the City of Milton Parks and Recreation Department Youth Sports Concussion Policy ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Resolution Adopting the City of Milton Parks and Recreation Department Youth Sports Concussion Policy Executive Summary: Over the last two years, research by many institutions has identified the serious, long term effects of concussions among athletes. That research has identified that when a second concussion is sustained before the youth athlete has sufficiently healed from the first concussion, the damage to the brain is even more severe. A formal policy is needed such that we can be consistent in our protocol with regard to concussions and the safe return to play by youth athletes. The Parks and Recreation Advisory Board (PRAB) invested two months of work, crafting a policy which clearly identifies the responsibilities of the coaches, game officials, parents and the athletes when a concussion is sustained. This policy also puts the City of Milton in compliance with Georgia's Return to Play Act of 2013 which went into law on January 1, 2014. Funding and Fiscal Impact: There is a small cost of less than $50.00 for the printing of educational information cards to be distributed to the parents of youth athletes. This cost was offset by a donation of approximately $50 from Mr. Ben Thompson, a Boy Scout who performed an Eagle Scout project at the Bethwell Community Center. He donated the excess funds collected for his project to the city, to be used for any purpose that benefitted the youth of Milton. Page 2 of 2 Alternatives: If this policy is not adopted our alternative is to relay the council’s input and return to the PRAB to revise the policy. Legal Review: Ken Jarrard – Jarrard & Davis January 16, 2014 Concurrent Review: Chris Lagerbloom Attachment(s): 1) Resolution Adopting the City of Milton Parks and Recreation Department Youth Sports Concussion Policy 2) MPRD Youth Sports Concussion Policy 3) MPRD Parent/Guardian Concussion Policy Acknowledgment STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE CITY OF MILTON PARKS AND RECREATION DEPARTMENT YOUTH SPORTS CONCUSSION POLICY WHEREAS, the well-being of youth athletes who participate in athletic competition at the City of Milton Parks and Recreation facilities and in athletic competition away from City of Milton Parks and Recreation facilities is of paramount concern to the City of Milton, Georgia and the City of Milton Parks and Recreation Department; and WHEREAS, the competitive athletic culture of playing through pain or “toughing it out” may impermissibly place youth athletes at serious risk of injury. Indeed, allowing a youth athlete to return to play before recovering from a concussion increases the chance of a more serious brain injury, severe disability or even death; and WHEREAS, the effects of concussion can be mitigated by prompt recognition and appropriate response; and WHEREAS, many youth athletes, parents and guardians, coaches, and others involved in youth athletics may lack awareness about prevention, identification, and treatment of concussions, as well as when it is most appropriate for the youth athlete to return to play; and WHEREAS, adoption of a viable policy focused on concussion education, prevention, and a uniform return-to-play policy is in the best interest of the youth athletes who participate in athletic competition at, and away from, the City of Milton Parks and Recreation facilities, and of their families and friends who care about their health and well-being; and WHEREAS, the goals of this Youth Sports Concussion Policy are to ensure that youth athletes who sustain concussions and head injuries are properly diagnosed, provided adequate time to heal, and are comprehensively supported until they are symptom free and ready to return to competition. NOW THEREFORE BE IT SO RESOLVED, that the Mayor and Council of the City of Milton hereby approve the Department of Parks and Recreation Youth Sports Concussion Policy. BE IT SO RESOLVED AND ORDAINED, this 3rd day of February, 2014, by the Council of the City of Milton, Georgia. CITY OF MILTON, GEORGIA By: ________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk Revision Date January 30, 2014 YOUTH SPORTS CONCUSSION POLICY I. DEFINITIONS - A concussion is a brain injury that is characterized by an onset of impairment of cognitive and/or physical functioning, and is caused by a blow to the head, face or neck, or a blow to the body that causes a sudden jarring of the head. A concussion typically results in the rapid onset of short-lived impairment of neurologic function that resolves spontaneously. A concussion may result in neuropathological changes, but the acute clinical symptoms largely reflect a functional disturbance rather than structural injury. A concussion can occur with or without a loss of consciousness, and proper management is essential to the immediate safety and long-term future of the injured individual. - An appropriate licensed health care provider means a licensed physician or another licensed individual under the supervision of a licensed physician, such as a nurse practitioner, physician assistant, or certified athletic trainer who has received training in concussion evaluation and management. - Return to play means to participate in a non-medically supervised practice or athletic competition. - Youth athlete means a participant in a youth athletic activity who is seven years or older and under 19 years of age - Cleared to participate means that the youth athlete has been symptom free for 48 hours, or more, and has been released to return to play by an appropriate licensed healthcare provider as defined above. Such release to return to play MUST be in writing. Youth Sports Concussion Policy Page 2 of 5 Revision Date January 30, 2014 II. SIGNS / SYMPTOMS OF A CONCUSSION The common signs / symptoms of a concussion include, but are not limited to, the following: - Appears dazed or stunned; - Confusion about an assignment / position; - Headache or pressure in head; - Is unsure of games, score or opponent; - Nausea or vomiting; - Balance problems or dizziness; - Double or blurry vision; - Feeling sluggish, hazy, foggy, or groggy; - Sensitivity to light; - Concentration or memory problems; - Sensitivity to noise; - Answers questions slowly; - Forgets an instruction; - Moves clumsily; - Loss of consciousness; - Mood, behavior, personality changes; and - Loss of memory; - Inability to recall events before/after injury. III. MANDATED COURSE OF ACTION The following mandated course of action shall apply to all sports competitions and sports related activities occurring at the City of Milton Parks and Recreation facilities: 1. If a youth athlete experiences or exhibits any of the above signs / symptoms of a concussion following an injury, contact event, or blow to the head, face, neck or a blow to the body that causes a sudden jarring of the head, he or she shall be immediately removed from the athletic event, game, practice or contest and shall not return to play until he or she is cleared to participate by an appropriate licensed health care professional. (WHEN IN DOUBT, KEEP THEM OUT!) 2. The youth athlete’s parent or guardian shall be notified that: (a) He or she experienced an injury, contact event, or blow to the head, face, neck or a blow to the body that causes a sudden jarring of the head, and/or that he or she exhibited one or more signs / symptoms of a concussion; (b) That he or she was immediately removed from the athletic event, game, practice or contest; and (c) That he or she may not return to play until he or she is cleared to participate by an appropriate licensed health care professional. (See Paragraph 4.) 3. Any youth athlete suspected of having a concussion should be evaluated by an appropriate licensed health care professional within 24 hours of the injury, contact event, or blow to the head, face, neck or a blow to the body that causes a sudden jarring of the head. Youth Sports Concussion Policy Page 3 of 5 Revision Date January 30, 2014 4. No youth athlete shall be permitted to return to play until he or she has not exhibited the signs / symptoms of a concussion for 48 hours, or more, and is medically cleared to participate by an appropriate licensed health care professional. The coach must receive written permission from an appropriate licensed health care professional before the youth athlete may return to play. IV. MANDATED TRAINING FOR ALL COACHES All coaches (head and assistant) must be knowledgeable regarding the signs / symptoms of a concussion, appropriate strategies to reduce the risk of concussions, how to seek proper medical treatment for a youth athlete suspected of having a concussion, and when the athlete may safely return to play. Accordingly, all coaches (head and assistant) responsible for a youth athletic sports team that is utilizing the City of Milton Parks and Recreation facilities are required to complete The Center for Disease Control’s Heads Up-Concussion in Youth Sports video training course in advance of their participation in youth athletic coaching, practice events, or game events at City of Milton Parks and Recreation facilities. Heads Up: Concussion in Youth Sports is a free, online course available to coaches, parents, and others helping to keep athletes safe from concussion. It features interviews with leading experts, dynamic graphics and interactive exercises, and compelling storytellin g to help one recognize a concussion and know how to respond if an athlete is believed to have suffered a concussion. (Parents and guardians of youth athletes are also urged to visit The Center for Disease Control’s website and view the video training.) The link to the online course offered by the CDC can be found on the City of Milton website under the Parks, Recreation and Special Events section. Upon completion of this online training session, all coaches shall print out the completion certificate evidencing same, and provide the certificate to the City of Milton Parks and Recreation Department Director or his/her designee. As a further resource, it is also strongly recommended that coaches participate in the free, online course on concussion management entitled Concussion in Sports prepared by the National Federation of State High School Associations (NFSH), which can be found at www.nfhslearn.com. Youth Sports Concussion Policy Page 4 of 5 Revision Date January 30, 2014 V. ROLE OF COACHING STAFF / GAME OFFICIALS / COMPLIANCE 1. Coaches: Coaches (head and assistant) and their staff will NOT be expected to “diagnose” a concussion, as that is the job of an appropriate licensed health care professional. Coaches/Coaching Staffs shall use their best judgment in observing the signs / symptoms of a concussion, and in taking the action mandated by this Policy in the event that a youth athlete experiences or exhibits any of the signs / symptoms of a concussion following an injury, contact event, or blow to the head, face, neck or body. 2. Game Officials: Games Officials will NOT be expected to “diagnose” a concussion, as that is the job of an appropriate licensed health care professional. Games Officials shall use their best judgment in observing the signs / symptoms of a concussion in the event that a youth athlete experiences or exhibits any of the signs / symptoms of a concussion following an injury, contact event, or blow to the head, face, neck or body. If a Game Official observes questionable signs, symptoms, or behavior that is consistent with a concussion, the Game Official shall notify the head coach (or an assistant coach if the head coach is not available) and remove the participant from the games for further evaluation. A Game Official is not responsible for the sideline evaluation or management of the youth athlete after he or she is removed from play. The responsibility of further evaluation and management of the suspected symptomatic youth athlete falls upon the coach (head and/or assistant), and/or an appropriate licensed health care professional. 3. Compliance: Any coach (head or assistant) that disregards the safety and well-being of a youth athlete as it relates to this Youth Sports Concussion Policy will be immediately suspended from coaching youth athletics and events at all City of Milton Parks and Recreation facilities. Additionally, any coach (head or assistant) that misuses this policy to prohibit an otherwise healthy, fit, uninjured player from participating in a youth athletic sporting event, practice or competition will be immediately suspended from coaching youth athletics and events at all City of Milton Parks and Recreation facilities. This concussion policy shall be in effect for all youth sports activities run, sponsored or sanctioned by the City, to include events and programming at both City owned or operated facilities and at non-City facilities. Youth Sports Concussion Policy Page 5 of 5 Revision Date January 30, 2014 4. Acknowledgement: All coaches (head and assistant) shall be required to sign an Acknowledgement confirming receipt and their understanding of this Youth Sports Concussion Policy. 5. Issuance of Informational Material: All Youth Athletic Associations shall be required to issue informational material to the parents and/or guardians of all youth athletes who will be participating in youth athletics, practices and/or sporting events at a City of Milton Parks and Recreation facility at the time of registration or at the first team meeting. 6. Parent/Guardian Execution of Acknowledgement of Youth Sports Concussion Policy: All parents or guardians of youth athletes participating in Youth Athletic Association sponsored events, practices and/or sporting competitions shall be required to execute an acknowledgement of their review and understanding of this Youth Sports Concussion Policy. 7. Placement of Youth Sports Concussion Policy on city Website: This Youth Sports Concussion Policy be posted on the city website and requires all Youth Athletic Associations utilizing the City of Milton Parks and Recreation facilities to link to this Policy. Revision Date January 16, 2014 PARENT/GUARDIAN CONCUSSION POLICY ACKNOWLEDGMENT In an effort to help safeguard the health and well-being of youth athletes who participate in athletic competition in the City of Milton Parks and Recreation programs, both at and away from City of Milton facilities, the Department of Parks and Recreation, with the recommendation of the Parks and Recreation Advisory Board, has enacted a Youth Sports Concussion Policy, which may be accessed at http://www.cityofmiltonga.us/ A concussion is a brain injury that is characterized by an onset of impairment of cognitive and/or physical functioning, and is caused by a blow to the head, face or neck, or a blow to the body that causes a sudden jarring of the head. A concussion typically results in the rapid onset of short-lived impairment of neurologic function that resolves spontaneously. A concussion may result in neuropathological changes, but the acute clinical symptoms largely reflect a functional disturbance rather than structural injury. A concussion can occur with or without a loss of consciousness, and proper management is essential to the immediate safety and long-term future of the injured individual. Even though most concussions are mild, all concussions are potentially serious and may result in complications including prolonged brain damage and death if not recognized and managed properly. If your child/player reports any symptoms of concussion, or if you notice the symptoms or signs of concussion yourself, seek medical attention right away. The common signs/symptoms of a concussion may include one or more of the following: - Appears dazed or stunned; - Confusion about an assignment / position; - Headache or pressure in head; - Is unsure of games, score or opponent; - Nausea or vomiting; - Balance problems or dizziness; - Double or blurry vision; - Feeling sluggish, hazy, foggy, or groggy; - Sensitivity to light; - Concentration or memory problems; - Sensitivity to noise; - Answers questions slowly; - Forgets an instruction; - Moves clumsily; - Loss of consciousness; - Mood, behavior, personality changes; and - Loss of memory; - Inability to recall events before/after injury. Athletes with the signs and symptoms of concussion should be removed from play immediately. Continuing to play with the signs and symptoms of a concussion leaves the young Parent/Guardian Concussion Policy Acknowledgment Page 2 of 3 Revision Date January 16, 2014 athlete especially vulnerable to greater injury. There is an increased risk of significant damage from a concussion for a period of time after that concussion occurs, particularly if the athlete suffers another concussion before completely recovering from the first one. This can lead to prolonged recovery, or even to severe brain swelling (second impact syndrome) with devastating and even fatal consequences. Because the well-being of youth athletes who participate in athletic competition in the City of Milton Parks and Recreation programs, both at and away from City of Milton facilities, is of paramount concern to the City of Milton Parks and Recreation Department, the following course of action shall apply to all sports competitions and sports related activities occurring at City of Milton Parks and Recreation facilities: 1. If a youth athlete experiences or exhibits any of the above signs/symptoms of a concussion following an injury, contact event, or blow to the head, face, neck or a blow to the body that causes a sudden jarring of the head, he or she shall be immediately removed from the athletic event, game, practice or contest. It is required that the athlete not return to play until he or she is cleared to participate by an appropriate licensed health care professional. 2. The youth athlete’s parent or guardian shall be notified that: (a) He or she experienced an injury, contact event, or blow to the head, face, neck or body, and/or that he or she exhibited one or more signs/symptoms of a concussion; (b) The youth athlete was immediately removed from the athletic event, game, practice or contest; and (c) That it is required that the youth athlete be seen by an appropriately licensed health care professional before return to play. (See Paragraph 4.) 3. Any youth athlete suspected of having a concussion must be evaluated by an appropriate licensed health care professional within 24 hours of the injury, contact event, or blow to the head, face, neck or a blow to the body that causes a sudden jarring of the head. 4. No youth athlete shall be permitted to return to play until he or she has not exhibited the signs / symptoms of a concussion for 48 hours, or more, and is medically cleared to participate by an appropriate licensed health care professional. The coach must receive written permission from an appropriate licensed health care professional before the youth athlete may return to play. Page 3 of 3 Revision Date January 16, 2014 PARENT/GUARDIAN CONCUSSION POLICY ACKNOWLEDGEMENT As the Parent or Guardian of _________________, I (we) understand that the goals of the City of Milton’s Youth Sports Concussion Policy are to ensure that youth athletes who sustain concussions and head injuries are properly diagnosed, provided adequate time to heal, and are comprehensively supported until they are symptom free and ready to return to play. However, I (we) also understand that the City of Milton cannot prevent concussions, and/or other injuries to the head and/or body, from occurring during the course of athletic sporting events, practices and competitions. I (we) further understand and acknowledge that the City of Milton’s adoption of the Youth Sports Concussion Policy shall not create or subject the City of Milton to any liability as a result of its adoption of the Policy, or from the failure of any individual, coach (head or assistant), game official, parent, guardian, health care professional, youth athlete, City of Milton employee or official, or any other person, group, association, or entity to adhere to same. For current and up-to-date information on concussions you are urged to go to: http://www.cdc.gov/ConcussionInYouthSports/ www.nfhslearn.com ______________________________ ____________________________________ Name of Parent/Guardian (Print) Name of Parent/Guardian (Print) _____________________________ ____________________________________ Signature of Parent/Guardian Signature of Parent/Guardian _____________________________ ____________________________________ Date Date HOME OF ' LTC ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 30, 2014 FROM: City Manager AGENDA ITEM: Consideration and Possible Approval of a Land Acquisition Contract for a +/- 2.1404 Acre Parcel of Property in the Crabapple Community of Milton. The Proposed Acquisition Involves an Assemblage of Parcels Located between Crabapple Circle to the North and Crabapple Road to the South, and is Otherwise Identified as Portions of Fulton County Tax Parcels 22 400111350092, 22 400111350258, 22 400111350126, 22 400111350118, and 22 400111350266. The Acquisition Price is $900,000. The Seller is SHF Crabapple, LLC. MEETING DATE: Monday, February 3, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: O APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: X YES O NO APPROVAL BY CITY ATTORNEY P APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 2 O3 1 REMARKS © You _ PHONE: 678.242.2500 1 FAX: 678.242.2499 �� Green' ap **«,f, d* info@cityofmiltonga.us l www.cityofmiltonga.us '"AY1q Community 3 Ethi�s4 _ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "' k—z" Z7 AP To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on January 30, 2014 for the February 3, 2014 Regular Council Meeting Agenda Item: Consideration and Possible Approval of a Land Acquisition Contract for a +/- 2.1404 Acre Parcel of Property in the Crabapple Community of Milton. The Proposed Acquisition Involves an Assemblage of Parcels Located between Crabapple Circle to the North and Crabapple Road to the South, and is Otherwise Identified as Portions of Fulton County Tax Parcels 22 400111350092, 22 400111350258, 22 400111350126, 22 400111350118, and 22 400111350266. The Acquisition Price is $900,000. The Seller is SHF Crabapple, LLC. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Milton Mayor and City Council directed staff to bring forward a contract for consideration which would allow for land acquisition of +/- 2.1404 acres in the Crabapple community of Milton for future government facilities. Funding and Fiscal Impact: The land acquisition price would be $900,000. Alternatives: Do not approve the contract. Legal Review: Ken Jarrard, City Attorney Concurrent Review: Attachment(s): Contract AGREEMENT FOR SALE OF REALTY THIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and entered into this day of February, 2014, by and between the CITY OF MILTON, GEORGIA, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Georgia ("Buyer"), and SHF CRABAPPLE, LLC (referred to herein as "Seller"). AGREEMENT 1. The Buyer agrees to buy, and the Seller agree to sell, all that tract of land shown as Tract 2 on Exhibit A, attached hereto and incorporated herein by reference (hereinafter referred to as the "Property"), consisting of approximately 2.1404 acres. 2. Purchase Price. The purchase price of the Property shall be $900,000.00. 3. Earnest Money. Not applicable. 4. Due Diligence. * The Buyer shall have a Due Diligence period commencing immediately upon execution of this Agreement and terminating on February 14, 2014. During the Due Diligence period, the Buyer may conduct environmental testing, provided that Buyer shall not conduct any Phase II or other intrusive or such environmental inspections without Seller's consent, and may otherwise generally inspect the Property and may terminate this Agreement with or without cause. At the conclusion of the Due Diligence period, the Buyer's right to terminate as described in this Section shall expire. Buyer shall procure, at Buyer's cost, a written title opinion establishing that title to the Property is good, insurable, and marketable, and vested in Seller. Buyer, after examining said title opinion, shall notify Seller of any defects or unacceptable exceptions thereto at least fifteen (15) days prior to the end of the Due Diligence period. All issues as to title defects and/or unacceptable exceptions to title shall be satisfactorily resolved by Seller prior to the end of the Due Diligence period. It is agreed that such papers that may be legally necessary to carry out the terms of this Agreement shall be executed and delivered by the parties prior to closing. If the Buyer shall decline to accept the Property due to a title defect or other exception to title prior to the end of the Due Diligence period, then this Agreement shall be null and void, whereupon the parties hereto shall have no further rights, duties, obligations, or liabilities to one another hereunder. 5. Marketable Title. Seller agrees to furnish good, insurable, and marketable title to the Property. For the purposes of this Agreement, "good, insurable, and marketable title" shall mean fee simple ownership which is: (i) free from all claims, liens, and monetary encumbrances of any kind or nature whatsoever other than exceptions disclosed by the title opinion excluding only those exceptions that Seller agreed to remove prior to the end of the Due Diligence period; (ii) insurable by a reputable title insurance company at then -current standard rates under the standard form of ATLA owner's policy of title insurance with all standard or printed exceptions therein deleted and without exception other than for permitted exceptions expressly agreed to in writing by Buyer. 6. Warranty. The Seller hereby affirmatively warrant that they have no knowledge of any latent or patent physical condition(s), hazards(s) or feature(s) of, on or below the Property that will in any material way impede with or frustrate the reasonable use of the Property by Buyer. 7. Public Hearing. Prior to closing on the Property, the Seller acknowledge that the Buyer may hold a public hearing with respect to this purchase wherein the details of said purchase may be revealed in an open forum. 8. Closing Date. A closing shall be conducted on or before February 17, 2014. Title to the Property shall transfer at the time of closing. At the closing, the Seller shall deliver to the Buyer a Limited Warranty Deed to the Property conveying good, insurable, and marketable title 2 to the Property, and all mineral rights, with the hereditaments and appurtenances, to the Buyer and its assigns, in fee simple, free and clear of all liens, encumbrances, or exceptions on all or any part of the Property, except for easements, restrictions, and other exceptions of record, together with all right, title, and interest of the Seller in and to the Property. 9. Taxes. All taxes, assessments, and encumbrances which are a lien against the Property for prior years and are due and payable at the time of conveyance to the Buyer shall be satisfied by the Seller. Real estate taxes which are a lien for the current year will be prorated as of the date of closing. The Seller will pay the documentary revenue stamp tax or transfer, conveyance or recordation tax, if any. 10. Risk of Loss. All risk of loss or damage to the Property will pass from the Seller to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing, the Buyer may, without liability, refuse to accept the conveyance of title, or it alternatively may elect to accept the conveyance of title to the Property "AS IS." The Seller shall deliver possession of the Property to the Buyer at the time of closing. 11. Right of Entry. The Buyer may enter upon the Property at reasonable times for surveying and other reasonable purposes related to this transaction from the date of execution of this Agreement, through and including the time of delivery of possession of the Property to the Buyer by the Seller. The Buyer's entry upon the Property in accordance with this paragraph shall be undertaken in such a manner so as to not unreasonably interfere with Seller' ongoing operations or in such a manner as would do permanent or long-term damage to the Property. 12. Preservation of Property. The Seller agrees that the Property shall remain as it now is in all materials respects until the delivery of possession of the Property by the Seller to the Buyer, and that the Seller will prevent and refrain from any use of the Property for any purpose or in any manner which would adversely affect the Buyer's use and enjoyment of the 3 Property in the future. In the event of such actions, the Buyer may, without liability, refuse to accept the conveyance of title, or the Buyer alternatively may elect to accept conveyance of title to the Property. 13. Specific Performance. The parties agree that in the event of a breach hereof by the Seller (i.e. the refusal to execute the deed at closing or to deliver possession of the Property to the Buyer at the appointed time), damages will be inadequate, and therefore the court having jurisdiction herein may award the Buyer, as the Buyer's sole remedy, specific performance in lieu of damages or any other remedies allowed by law. 14. Binding Effect. The agreements set forth herein are to apply to and bind the heirs, executors, administrators, successors, personal representatives and assigns of the Seller. 15. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 16. Severability. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this Agreement shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason. 17. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Georgia. 4 18. Special Stipulation. Seller agrees, at or before closing, to donate to Buyer by warranty deed that portion of Lecoma Trace shown as a hatched area on Exhibit B, attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF REALTY as of the day and year first above written. SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: SELLER: SHF CRABAPPLE, LLC BY: _ Name: BUYER: CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [CITY SEAL] [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] E SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: O LECOMA TRACE 0 (50' R/W TO BE DEDICATED) (RAVED PRIVATE ROAD) - MrL a.,,,,,rc.„. �Ftr+Od, wltc .urr _ (P,9!/eQe O p W �04 o 3 0,-Q 8E'-` acn r>P.O.C.INSET o 4 F' t N �Rp1� f tPPVED pUBI --i - - LEGEND �\ ; N11 - r F=tt pC Ne 'I �x� w �rx-rttFp.1 AREA TABLE =”"`°"" No Text HOME OF ' M1 LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 30, 2014 FROM: City Manager AGENDA ITEM: Consideration and Possible Approval of a Land Acquisition Contract for a +/- .3277 Acre Parcel of Property in the Crabapple Community of Milton. The Proposed Acquisition Involves a Parcel Located between Crabapple Circle to the North and Crabapple Road to the South, and is Otherwise Identified as a Portions of Fulton County Tax Parcel 22 400111350217. The Acquisition Price is $46,000. The Seller is JW Homes, LLC. MEETING DATE: Monday, February 3, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �) APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CI TY ATTORNEY APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: d Zo31 REMARKS PHONE: 678.242.2500 1 FAX: 678.242.2499 ��ci was ` Green- - * Certified ' NAMMEII Community 4 pity of info@cityofmiltonga.us I www.cityofmiltonga.us ,�Erhi�S�f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'tea<< To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on January 30, 2014 for the February 3, 2014 Regular Council Meeting Agenda Item: Council Consideration and Possible Approval of a Land Acquisition Contract for a +/- .3277 Acre Parcel of Property in the Crabapple Community of Milton. The Proposed Acquisition Involves a Parcel Located between Crabapple Circle to the North and Crabapple Road to the South, and is Otherwise Identified as a Portions of Fulton County Tax Parcel 22 400111350217. The Acquisition Price is $46,000. The Seller is JW Homes, LLC. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Milton Mayor and City Council directed staff to bring forward a contract for consideration which would allow for land acquisition of +/- 0.3277 acres in the Crabapple community of Milton for future government facilities. Funding and Fiscal Impact: The land acquisition price would be $46,000. Alternatives: Do not approve the contract. Legal Review: Ken Jarrard, City Attorney Concurrent Review: Attachment(s): Contract AGREEMENT FOR SALE OF REALTY THIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and entered into this day of February, 2014, by and between the CITY OF MILTON, GEORGIA, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Georgia ("Buyer"), and JW HOMES, LLC (referred to herein as "Seller") AGREEMENT 1. The Buyer agrees to buy, and the Seller agree to sell, all that tract of land shown as Tract 1 on Exhibit A, attached hereto and incorporated herein by reference (hereinafter referred to as the "Property"), consisting of approximately 0.3277 acre. 2. Purchase Price. The purchase price of the Property shall be $46,000.00. 3. Earnest Money. Not applicable. 4. Due Diligence. The Buyer shall have a Due Diligence period commencing immediately upon execution of this Agreement and terminating on February 14, 2014. During the Due Diligence period, the Buyer may conduct environmental testing, including but not limited to soil borings, and may otherwise generally inspect the Property and may terminate this Agreement with or without cause. At the conclusion of the Due Diligence period, the Buyer's right to terminate as described in this Section shall expire. Buyer shall procure, at Buyer's cost, a written title opinion establishing that title to the Property is good, insurable, and marketable, and vested in Seller. Buyer, after examining said title opinion, shall notify Seller of any defects or unacceptable exceptions thereto at least five (5) days prior to the end of the Due Diligence period. All issues as to title defects and/or unacceptable exceptions to title shall be satisfactorily resolved by Seller prior to closing. It is agreed that such papers that may be legally necessary to carry out the terms of this Agreement shall be executed and delivered by the parties prior to closing. If the Buyer shall decline to accept the Property due to a title defect or other exception 1 to title, then this Agreement shall be null and void, whereupon the parties hereto shall have no further rights, duties, obligations, or liabilities to one another hereunder. 5. Marketable Title. Seller agrees to furnish good, insurable, and marketable title to the Property. For the purposes of this Agreement, "good, insurable, and marketable title" shall mean fee simple ownership which is: (i) free from all claims, liens, and monetary encumbrances of any kind or nature whatsoever other than permitted exceptions expressly agreed to in writing by the Buyer; (ii) insurable by a reputable title insurance company at then -current standard rates under the standard form of ATLA owner's policy of title insurance with all standard or printed exceptions therein deleted and without exception other than for permitted exceptions expressly agreed to in writing by Buyer. The Property is sold subject only to the valid and agreed upon exceptions to title disclosed to the Buyer as of the date of closing and as presented in accordance with this Agreement. 6. Warranty. The Seller hereby affirmatively warrant that they have no knowledge of any latent or patent physical condition(s), hazards(s) or feature(s) of, on or below the Property that will in any material way impede with or frustrate the reasonable use of the Property by Buyer. 7. Public Hearing. Prior to closing on the Property, the Seller acknowledge that the Buyer may hold a public hearing with respect to this purchase wherein the details of said purchase may be revealed in an open forum. 8. Closing Date. A closing shall be conducted on or before February 17, 2014. Title to the Property shall transfer at the time of closing. At the closing, the Seller shall deliver to the Buyer a Warranty Deed to the Property conveying good, insurable, and marketable title to the Property, and all mineral rights, with the hereditaments and appurtenances, to the Buyer and its assigns, in fee simple, free and clear of all liens, encumbrances, or exceptions on all or any part 2 of the Property, except for easements, restrictions, and other exceptions of record, together with all right, title, and interest of the Seller in and to the Property. 9. Taxes. All taxes, assessments, and encumbrances which are a lien against the Property and are due and payable at the time of conveyance to the Buyer shall be satisfied by the Seller. Real estate taxes which are a lien (but are not yet due and payable) will be prorated as of the date of closing. The Seller will pay the documentary revenue stamp tax or transfer, conveyance or recordation tax, assessment or charge, if any. 10. Risk of Loss. All risk of loss or damage to the Property will pass from the Seller to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing, the Buyer may, without liability, refuse to accept the conveyance of title, or it alternatively may elect to accept the conveyance of title to the Property "AS IS." The Seller shall deliver possession of the Property to the Buyer at the time of closing. 11. Right of Entry. The Buyer may enter upon the Property at reasonable times for surveying and other reasonable purposes related to this transaction from the date of execution of this Agreement, through and including the time of delivery of possession of the Property to the Buyer by the Seller. The Buyer's entry upon the Property in accordance with this paragraph shall be undertaken in such a manner so as to not unreasonably interfere with Seller' ongoing operations or in such a manner as would do permanent or long-term damage to the Property. 12. Preservation of Property. The Seller agree that the Property shall remain as it now is until the delivery of possession of the Property by the Seller to the Buyer, and that the Seller will prevent and refrain from any use of the Property for any purpose or in any manner which would adversely affect the Buyer's use and enjoyment of the Property in the future. In the event of such actions, the Buyer may, without liability, refuse to accept the conveyance of title, or the Buyer alternatively may elect to accept conveyance of title to the Property. 3 13. Specific Performance. The parties agree that in the event of a breach hereof by the Seller (i.e. the refusal to execute the deed at closing or to deliver possession of the Property to the Buyer at the appointed time), damages will be inadequate, and therefore the court having jurisdiction herein may award the Buyer specific performance in lieu of damages or any other remedies allowed by law. 14. Bindin Effect. ffect. The agreements set forth herein are to apply to and bind the heirs, executors, administrators, successors, personal representatives and assigns of the Seller. 15. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 16. Severability. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this Agreement shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason. 17. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Georgia. 4 IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF REALTY as of the day and year first above written. SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: M. SIGNED, SEALED, AND DELIVERED in the presence o£ Witness Notary Public [NOTARY SEAL] My Commission Expires: SELLER: JW HOMES, LLC BY: _ Name: BUYER: CITY OF MILTON, GEORGIA Joe Lockwood, Mayor 5 [CITY SEAL] _ o o _ O co < "O D sR� n�,mo„u,w,�rvk r EXHIBITi I LECOMA TRACE (50' RAN TO BE DEDICATED) --(PAVE ED PRIVATE ROAD) - C �Fc rPq �Fo A T ces,ocr'Qy� E.. N(50 gRP pER X CROADI IpAVCO pu8�-' 1� ncc "s J61 1=Erv..a�w uk im �j \ �1 z ! Lnl�ED .- - / A gFtANPRVA-reDR� AREA TABLE ABBREVIATIONS = moi p e ,u E�wEN, P.O.C. INSET LEGEND C —s.� ' snwrnm s[wias 4 c � � S m urrh ensmrvsxca B DROP"« a a r,RE rvvwuu,uavrlco, isry "T"Lo 0GzUO� p ue-ra ¢UFQwp�� oLLo�0000 o ��w . s FPAnPnR� eR��.nREn �22�