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HomeMy WebLinkAboutAgenda Packet - CC - 02/19/2014 Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Wednesday, February 19, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Sister Moon and Sister Christopher, Missionaries from Salt Lake City, Utah 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. 14-038) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the January 22, 2014 Regular City Council Meeting Minutes. (Agenda Item No. 14-039) (Sudie Gordon, City Clerk MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 19 , 2014 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the January 27, 2014 Work Session Meeting Minutes. (Agenda Item No. 14-040) (Sudie Gordon, City Clerk) 3. Approval of the February 3, 2014 Regular City Council Meeting Minutes. (Agenda Item No. 14-041) (Sudie Gordon, City Clerk) 4. Approval of the Financial Statements for the Period Ending December, 2013. (Agenda Item No. 14-042) (Stacey Inglis, Assistant City Manager) 5. Approval of the Financial Statements for the Period Ending January, 2014. (Agenda Item No. 14-043) (Stacey Inglis, Assistant City Manager) 6. Approval of a Professional Services Agreement between the City of Milton and Stantec Consulting Services, Inc. to Provide Professional Engineering Services for the Crabapple Property. (Agenda Item No. 14-044) (Carter Lucas, Public Works Director) 7. Approval of a Contract for Maintenance of Highways Numbered 3607M by and between the Department of Transportation of Georgia, the City of Milton and the City of Alpharetta. (Agenda Item No. 14-045) (Carter Lucas, Public Works Director) 8. Approval of the Acquisition of 18,234.55 SF of Right of Way and 12,987.91 SF of Construction Easement at the Southwest Corner of the Intersection of Birmingham Road at Hopewell Road from MTO Shahmaghsoudi for a Combined Purchase Price of $25,430. (Agenda Item No. 14-046) (Carter Lucas, Public Works Director) 9. Approval of the Acquisition of 1,953.48 SF of Construction and Maintenance Easement at 15725 Hopewell Road from Melanie April Taylor for a Combined Purchase Price of $4,860. (Agenda Item No. 14-047) (Carter Lucas, Public Works Director) 10. Ratification of a Separation Agreement and Release between the City of Milton and Alan Kelton. (Agenda Item No. 14-048) (Chris Lagerbloom, City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 19 , 2014 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11. Approval of an MOU Among the U.S. Naval Criminal Investigative Service and the Participating Federal, State, County and Municipal Agencies in the Southeast Law Enforcement Alliance Project (LEAP) Information Sharing Initiative Known as The Law Enforcement Information Exchange (LINX). (Agenda Item No. 14-049) (Chief Deborah Harrell, City of Milton Police Department) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of the Acceptance of a 0.2406 Acre Tract of Land with the Arcaro at Triple Crown Subdivision. (Agenda Item No. 14-050) (Carter Lucas, Public Works Director) 2. Consideration of an Amendment to Agreement for Sale of Realty between the City of Milton and SHF Crabapple, LLC. (Agenda Item No. 14-051) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-052) The minutes were provided electronically HOME OF ' I '% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 10, 2014 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending December, 2013, MEETING DATE: Wednesday, February 19, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �APPROVED O NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED: O YES (�NO CITY ATTORNEY REVIEW REQUIRED: () YES y NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 62-111q REMARKS © Your PHONE: 678.242.25001 FAX: 678.242.2499 r rr Green``zF*c�rtfiied : rop,oa info14cityofmiltonga.us j wwwxityofmiltonga.us _ tommuni, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - °f"T'FIFD GRONZ'E o� To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on February 7, 2014 for the February 19, 2014 Regular Council Meeting Agenda Item: Financial Statements for Period 3 – December 2013 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 49.9% over what is anticipated for the third period of the fiscal year. The higher than anticipated collections are due mainly to the change in the local option sales tax allocation and the large number of land disturbance and building permits. Total expenditures to-date are $4,089,465 and are 4.2% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,884,112, capital expenditures-to-date total $1,597,599. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending December 2013 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,334,000 112,966 88,500 24,466 111,642 88,500 23,142 Motor Vehicle Tax 550,000 79,080 45,833 33,247 163,052 91,667 71,386 Intangible Tax 230,000 34,406 - 34,406 34,406 - 34,406 Real Estate Transfer Tax 55,000 9,984 - 9,984 9,984 - 9,984 Franchise Fees 1,800,000 68,937 - 68,937 68,937 - 68,937 Local Option Sales Tax 4,000,000 575,902 333,333 242,569 926,280 666,667 259,614 Alcohol Beverage Excise Tax 285,000 23,595 23,750 (155) 48,479 47,500 979 Business & Occupation Tax 590,000 25,324 14,750 10,574 30,496 14,750 15,746 Insurance Premium Tax 1,500,000 - - - - - - Financial Institution Tax 33,000 - - - - - - Penalties & Interest 30,000 5,773 2,280 3,493 14,947 6,780 8,167 Alcohol Beverage Licenses 135,000 15,200 13,500 1,700 131,750 128,250 3,500 Other Non-Business Permits/Licenses 10,500 1,345 792 553 9,041 3,375 5,666 Zoning & Land Disturbance Permits 90,500 7,566 7,542 24 106,821 22,625 84,196 Building Permits 320,000 40,196 26,667 13,530 106,509 80,000 26,509 Other Charges for Service 419,860 44,024 32,633 11,391 122,059 99,060 22,999 Municipal Court Fines 360,000 44,851 30,000 14,851 126,297 90,000 36,297 Interest Earnings 14,500 1,739 1,208 530 4,960 3,625 1,335 Contributions & Donations - 15 - 15 292 - 292 Other Revenue 27,040 3,059 1,495 1,564 3,394 4,485 (1,091) Other Financing Sources 44,000 122 122 - 910 910 - Total Revenues 18,828,400 1,094,083 622,405 471,678 2,020,256 1,348,193 672,063 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,576 14,886.64 13,489 1,398 38,885 39,998 (1,113) City Clerk 210,240 12,172.47 15,227 (3,054) 41,253 49,590 (8,337) City Manager 456,671 37,134.85 33,989 3,146 109,352 109,848 (496) General Administration 37,794 3,385.59 2,983 403 6,961 8,949 (1,988) Finance 340,159 27,287.33 23,296 3,992 80,002 80,670 (668) Legal 230,000 34,091.44 34,091 - 35,099 35,099 - Information Technology 580,075 65,497.01 60,478 5,019 190,216 199,185 (8,968) Human Resources 283,931 19,139.79 20,198 (1,059) 67,256 70,410 (3,154) Risk Management 195,015 - - - 2,000 2,000 - General Government Buildings 444,900 35,713.50 35,714 - 143,021 142,854 167 Public Information & Marketing 206,116 14,720.59 14,514 206 47,501 49,531 (2,030) Municipal Court 246,985 21,714.04 18,840 2,874 59,735 60,162 (427) Police 3,220,238 261,526.03 256,418 5,108 731,139 778,540 (47,401) Fire 5,258,026 384,555.23 381,310 3,245 1,277,905 1,368,177 (90,272) EMS Operations - - - - - - - Public Works 1,775,643 62,989.14 61,422 1,567 225,729 240,915 (15,185) Parks & Recreation 978,476 20,265.53 23,699 (3,434) 372,230 391,143 (18,913) Community Development 1,035,970 92,131.74 79,980 12,151 243,397 252,636 (9,240) Economic Development 79,285 2,865.94 3,003 (137) 9,458 9,890 (432) Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 - Operating Transfers to Other Funds 4,151,071 345,922.58 345,923 - 1,037,768 1,037,768 - Operating Reserve 158,369 - - - - - - Total expenditures 20,146,310 1,455,999 1,424,574 31,426 4,809,675 5,018,133 (208,458) Net Income/(Loss)(1,317,910)(361,916)(2,789,420) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 1,300$ -$ -$ (1,300)$ Interest Revenues 40 2 2 (38) Crabapple Fest Sponsor 7,500 - 1,000 (6,500) Earth Day Sponsor 4,000 - - (4,000) Concert Sponsor 500 - - (500) Mayor's Run Sponsor 2,000 - - (2,000) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 1,500 - - (1,500) Roundup Food Sales - - - - Total revenues 16,840$ 2$ 1,002$ (15,838)$ EXPENDITURES Current: Special Events 65,095$ 5,110$ 20,248$ 39,677$ Total Expenditures 65,095$ 5,110$ 20,248$ 39,677$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ 4,479$ 10,332$ (19,668)$ Total other financing sources and uses 35,000$ 4,479$ 10,332$ (19,668)$ Net change in fund balances (13,255)$ (8,914)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2013 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - 3,045 4,019 4,019 Interest Revenues/State Funds - 2 7 7 Interest Revenues/Federal Funds - 3 8 8 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 3,050$ 4,035$ 4,035$ EXPENDITURES Current: Police 18,000$ 10,375$ 12,601$ 5,399$ Total Expenditures 18,000$ 10,375$ 12,601$ 5,399$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (18,000)$ (8,566)$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2013 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 33,132$ 67,188$ (732,812)$ Interest Revenue 200 23 44 (156) Total revenues 800,200$ 33,155$ 67,232$ (732,968)$ EXPENDITURES Current: Public Safety 1,117,262$ 1,303$ 277,935$ 839,327$ Total Expenditures 1,117,262$ 1,303$ 277,935$ 839,327$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (317,062)$ (210,703)$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2013 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant -$ -$ -$ -$ Bulletproof Vest Program - - - - Byrne-JAG Grant - - - - GDCC Mini Grants - - - - GEMA Grant - - - - FRESH Grant - - 10,000 10,000 Interest Revenues - 0 1 1 Total revenues -$ 0$ 10,001$ 10,001$ EXPENDITURES Current: General Administration -$ -$ -$ - Police - - - - Fire - - - - Parks & Recreation - - - - Total Expenditures -$ -$ -$ -$ Excess of revenues over expenditures - 0 10,001 10,001 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 10,001 City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2013 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 55,000$ 4,479$ 10,332$ (44,668)$ Total revenues 55,000$ 4,479$ 10,332$ (44,668)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 35,000 4,479 10,332 (24,668) Total other financing sources and uses 55,000$ 4,479$ 10,332$ (44,668)$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2013 7 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 5,269$ 4,269$ (60,731)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 80,000 - - (80,000) HYA Fees - - - - Interest Revenue 3,000 259 464 (2,536) Realized Gain or Loss on Investments - - - - Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 148,000 5,528$ 4,732$ (143,268)$ EXPENDITURES Capital Outlay City Council 36,070$ -$ 3,850$ 32,220$ Police 2,333,805 840 840 2,332,965 Fire 1,438,530 - - 1,438,530 Public Works 8,188,413 5,575 1,439,424 6,748,989 Parks & Recreation 1,791,621 8,559 153,085 1,638,536 Community Development 95,673 - 400 95,273 Total Capital Outlay 13,884,112$ 14,975$ 1,597,599$ 12,286,513$ Excess of revenues over expenditures (13,736,112) (9,447) (1,592,866) (12,429,781) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,151,071$ 345,923$ 1,037,768$ (3,113,303)$ Unallocated (125,216) - - 125,216 Total other financing sources and uses 4,025,855 345,923 1,037,768 (2,988,087) Net change in fund balances (9,710,257) (555,098) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2013 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CDBG -$ -$ -$ -$ LMIG Funds - 275,873 275,873 275,873 GDOT HPP Funds 7,262,878 - - (7,262,878) LCI Funds - - - - GA Urban Forestry Grant - - - - MARTA Grant 177,355 - - (177,355) Deerfield @ Morris Grant - - - - SR 9 @ Bethany Bend Grant 60,000 - - (60,000) GDOT-Signage/Landscaping 4,062 - - (4,062) Interest Revenues 800 34 53 (747) Total revenues 7,505,095$ 275,907$ 275,926$ (7,229,169)$ EXPENDITURES Capital Outlay Public Works 8,870,376$ 5,280$ 236,190$ 8,634,186$ Community Development 7,190 - - 7,190 Total Capital Outlay 8,877,566$ 5,280$ 236,190$ 8,641,376$ Excess of revenues over expenditures (1,372,471) 270,628 39,736 1,412,207 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (1,372,471) 39,736 City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2013 9 HOME OF ' ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 10, 2014 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending January, 2014, MEETING DATE: Wednesday, February 19, 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: O YES (NO CITY ATTORNEY REVIEW REQUIRED: O YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 Z } 4 REMARKS © Your-** PHONE: 678.242.25001 FAX: 678.242.2499 -Green AV *ft info@cityofmiltonga.us I www.cityofm1ffonga.us @Community Qthia j 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'B`` To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on February 11, 2014 for the February 19, 2014 Regular Council Meeting Agenda Item: Financial Statements for Period 4 – January 2014 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 39.7% over what is anticipated for the fourth period of the fiscal year. The higher than anticipated collections are due mainly to the change in the local option sales tax allocation and the large number of land disturbance and building permits. Total expenditures to-date are $6,404,776 and are 3.9% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,884,112, capital expenditures-to-date total $1,883,079. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending January 2014 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,334,000 69,390 58,000 11,390 181,031 147,500 33,531 Motor Vehicle Tax 550,000 86,007 45,833 40,173 249,059 137,500 111,559 Intangible Tax 230,000 15,500 - 15,500 49,906 - 49,906 Real Estate Transfer Tax 55,000 6,565 4,583 1,982 16,549 13,750 2,799 Franchise Fees 1,800,000 177,209 321,063 (143,855) 246,146 390,000 (143,854) Local Option Sales Tax 4,000,000 770,210 333,333 436,876 1,696,490 1,000,000 696,490 Alcohol Beverage Excise Tax 285,000 26,972 23,750 3,222 75,451 71,250 4,201 Business & Occupation Tax 590,000 57,382 53,100 4,282 87,878 82,600 5,278 Insurance Premium Tax 1,500,000 - - - - - - Financial Institution Tax 33,000 - - - - - - Penalties & Interest 30,000 2,940 2,250 690 17,887 9,120 8,767 Alcohol Beverage Licenses 135,000 650 - 650 132,400 128,250 4,150 Other Non-Business Permits/Licenses 10,500 721 792 (71) 9,761 4,167 5,595 Zoning & Land Disturbance Permits 90,500 875 7,542 (6,667) 107,696 30,167 77,530 Building Permits 320,000 30,106 26,667 3,439 136,614 106,667 29,948 Other Charges for Service 419,860 23,758 36,463 (12,705) 154,857 135,523 19,333 Municipal Court Fines 360,000 37,607 30,000 7,607 163,904 120,000 43,904 Interest Earnings 14,500 101 1,208 (1,108) 5,174 4,833 341 Contributions & Donations - 29 - 29 321 - 321 Other Revenue 27,040 1,810 1,495 315 5,204 5,980 (776) Other Financing Sources 44,000 - - - 910 910 - Total Revenues 18,828,400 1,307,830 946,080 361,750 3,337,239 2,388,216 949,022 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,576 8,724.17 9,779 (1,054) 47,609 49,776 (2,168) City Clerk 210,240 11,430.91 15,227 (3,796) 52,683 64,817 (12,133) City Manager 456,671 32,377.50 33,989 (1,612) 141,786 145,738 (3,952) General Administration 37,794 8,711.04 5,275 3,436 15,726 14,656 1,070 Finance 340,159 23,846.32 30,797 (6,951) 104,307 112,780 (8,473) Legal 230,000 - - - 35,099 35,099 - Information Technology 580,075 18,575.66 28,542 (9,966) 208,792 226,093 (17,301) Human Resources 283,931 16,800.01 19,134 (2,334) 84,056 89,544 (5,488) Risk Management 195,015 - - - 2,000 2,000 - General Government Buildings 444,900 73,411.08 74,028 (617) 216,432 218,732 (2,300) Public Information & Marketing 206,116 18,065.18 16,883 1,182 65,628 68,214 (2,586) Municipal Court 246,985 18,783.10 19,261 (478) 78,518 79,449 (931) Police 3,220,238 257,066.68 255,526 1,541 988,206 1,034,066 (45,860) Fire 5,258,026 376,974.81 386,684 (9,709) 1,654,880 1,760,376 (105,495) EMS Operations - - - - - - - Public Works 1,775,643 252,995.44 248,467 4,529 478,725 490,481 (11,757) Parks & Recreation 978,476 55,549.11 63,319 (7,770) 427,780 454,462 (26,682) Community Development 1,035,970 72,344.45 79,980 (7,636) 315,741 332,617 (16,876) Economic Development 79,285 2,891.67 2,978 (87) 12,350 12,868 (518) Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 - Operating Transfers to Other Funds 4,151,071 345,922.58 345,923 - 1,383,690 1,383,690 - Operating Reserve 158,369 - - - - - - Total expenditures 20,146,310 1,594,470 1,635,791 (41,321)6,404,776 6,666,228 (261,452) Net Income/(Loss)(1,317,910)(286,640)(3,067,538) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 1,300$ 150$ 150$ (1,150)$ Interest Revenues 40 1 5 (35) Crabapple Fest Sponsor 7,500 - 1,000 (6,500) Earth Day Sponsor 4,000 - - (4,000) Concert Sponsor 500 - - (500) Mayor's Run Sponsor 2,000 - - (2,000) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 1,500 - - (1,500) Roundup Food Sales - - - - Total revenues 16,840$ 151$ 1,155$ (15,685)$ EXPENDITURES Current: Special Events 65,095$ 250$ 20,498$ 39,427$ Total Expenditures 65,095$ 250$ 20,498$ 39,427$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ 4,472$ 14,804$ (15,196)$ Total other financing sources and uses 35,000$ 4,472$ 14,804$ (15,196)$ Net change in fund balances (13,255)$ (4,539)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2014 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - 8,972 12,991 12,991 Interest Revenues/State Funds - 2 7 7 Interest Revenues/Federal Funds - 3 8 8 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 8,977$ 13,007$ 13,007$ EXPENDITURES Current: Police 18,000$ -$ 12,601$ 5,399$ Total Expenditures 18,000$ -$ 12,601$ 5,399$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (18,000)$ 406$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2014 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 127,001$ 194,189$ (605,811)$ Interest Revenue 200 17 89 (111) Total revenues 800,200$ 127,018$ 194,278$ (605,922)$ EXPENDITURES Current: Public Safety 1,117,262$ 275,368$ 553,303$ 563,959$ Total Expenditures 1,117,262$ 275,368$ 553,303$ 563,959$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (317,062)$ (359,025)$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2014 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant -$ -$ -$ -$ Bulletproof Vest Program - - - - Byrne-JAG Grant - - - - GDCC Mini Grants - - - - GEMA Grant - - - - FRESH Grant - - 10,000 10,000 Interest Revenues - 0 2 2 Total revenues -$ 0$ 10,002$ 10,002$ EXPENDITURES Current: General Administration -$ -$ -$ - Police - - - - Fire - - - - Parks & Recreation - - - - Total Expenditures -$ -$ -$ -$ Excess of revenues over expenditures - 0 10,002 10,002 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 10,002 City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2014 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 55,000$ 4,472$ 14,804$ (40,196)$ Total revenues 55,000$ 4,472$ 14,804$ (40,196)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 35,000 4,472 14,804 (20,196) Total other financing sources and uses 55,000$ 4,472$ 14,804$ (40,196)$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2014 7 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 17,603$ 22,871$ (42,129)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 80,000 27,982 27,982 (52,018) HYA Fees - - - - Interest Revenue 3,000 146 790 (2,210) Realized Gain or Loss on Investments - - - - Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 148,000 45,731$ 51,644$ (96,356)$ EXPENDITURES Capital Outlay City Council 36,070$ 7,647$ 11,497$ 24,573$ Police 2,333,805 139,295 140,135 2,193,670 Fire 1,438,530 - - 1,438,530 Public Works 8,188,413 102,138 1,541,562 6,646,851 Parks & Recreation 1,791,621 36,400 189,485 1,602,136 Community Development 95,673 - 400 95,273 Total Capital Outlay 13,884,112$ 285,480$ 1,883,079$ 12,001,033$ Excess of revenues over expenditures (13,736,112) (239,749) (1,831,435) (12,097,389) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,151,071$ 345,923$ 1,383,690$ (2,767,381)$ Unallocated (125,216) - - 125,216 Total other financing sources and uses 4,025,855 345,923 1,383,690 (2,642,165) Net change in fund balances (9,710,257) (447,745) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2014 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CDBG -$ -$ -$ -$ LMIG Funds - - 275,873 275,873 GDOT HPP Funds 7,262,878 - - (7,262,878) LCI Funds - - - - GA Urban Forestry Grant - - - - MARTA Grant 177,355 - - (177,355) Deerfield @ Morris Grant - - - - SR 9 @ Bethany Bend Grant 60,000 - - (60,000) GDOT-Signage/Landscaping 4,062 - - (4,062) Interest Revenues 800 28 118 (682) Total revenues 7,505,095$ 28$ 275,992$ (7,229,103)$ EXPENDITURES Capital Outlay Public Works 8,870,376$ 61,400$ 297,591$ 8,572,785$ Community Development 7,190 - - 7,190 Total Capital Outlay 8,877,566$ 61,400$ 297,591$ 8,579,975$ Excess of revenues over expenditures (1,372,471) (61,372) (21,599) 1,350,872 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (1,372,471) (21,599) City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2014 9 KIN HOME OF ' FSTAM.[SHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 10, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Stantec Consulting Services, Inc. to Provide Professional Engineering Services for the Crabapple Property. MEETING DATE: Wednesday, February 19, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED (} NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED: O YES O NO CITY ATTORNEY REVIEW REQUIRED. ( YES (} NO APPROVAL BY CITY ATTORNEY �APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: REMARKS ® Youlin PHONE:: 678.242.25001 FAX: 678.242.2499 Green �v info@cityofmiltonga.us i www.cityofmiltonga.us ,. Colmmunit �'ryar y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 _FA- ,� gA ,vrE' v Page 1 of 1 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on February 10, 2014 for the February 19, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Stantec Consulting Services, Inc. to Provide Professional Engineering Services for the Crabapple Property ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This contract provides for professional engineering services related to stormwater management facilities in the Crabapple area in an amount of $13,590. Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund Future City Facilities account in the Administration Department. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 1/21/2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT CRABAPPLE HYDROLOGY STUDY This Agreement made and entered into this _____ day of _____________, in the year 2014, by and between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Stantec Consulting Services, Inc. (“Consultant”) having its principle place of business at 3160 Main Street, Suite 100, Duluth, GA 30096. WHEREAS, the City of Milton will require certain professional public works services beginning upon the issuance of a Notice to Proceed; and WHEREAS, the City’s Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all Services specified in Exhibit “A”, attached hereto and incorporated herein by reference. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. 1.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant as described in Exhibit A and upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of $13,590 (the “Contract Price”) for the following tasks without prior written approval from the City. Task 1- Stormwater Management Report $ 5,170 Task 2- Construction Documents $ 7,920 Reimbursible Expenses $ 500 Total $13,590 2 1.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. 1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would 3 otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub- consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub-consultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub-consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of 4 the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. 5 (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub-consultants: Consultant shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverage for sub-consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall begin upon the issuance of a Notice to Proceed on or about January 24, 2014 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2014. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment 6 The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 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. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: 7 City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Stantec Consulting Services, Inc. 3160 Main Street, Suite 100 Duluth, Georgia 30096 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “A” and “B” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work 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 “A”, 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 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300- 10-1-.02. 8 In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “B”, 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, Contractor 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.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer 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. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all 9 applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 10 Stantec Consulting Services, Inc. ___________________________________ Signature _______________________________________________ Print Name _______________________________________________ Title [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness (Corporate Secretary should attest) _______________________________________ Print Name _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ MILTON CITY COUNCIL: Joe Lockwood, Mayor ___________________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ EXHIBIT “A” SCOPE OF WORK Basic Scope of Services: Consultant will provide professional civil engineering services for the City of Milton Crabapple construction project. Consultant will prepare site work construction drawings for the construction of a new stormwater management facility, along with the required stormwater management plan (hydrology analysis and water quality best management practices) and related details. City will provide Consultant with a current and accurate ground run (two [2] foot contour interval) topographic and boundary survey (stamped reproducible) and .DWG digital CAD file of survey. City will provide Consultant with geotechnical exploration report findings. City will secure necessary off-site easements and construction encroachment agreements for off-site construction, if necessary. City will provide additional base data information as identified during the design process and as the project progresses. This additional base data may be required due to submittal requirements or findings made during the research and preliminary phase of the site design. Consultant will coordinate and incorporate base data as required to convert the electronic form of the survey into a format that is best utilized by the software capabilities of Consultant in order to complete the remaining tasks associated with this project. Consultant will perform project research with the local governing authority and review project scope with local officials. Findings will be incorporated into the preliminary site plan. Consultant will prepare preliminary site plans for City's review and approval. Approval of preliminary drawings with any associated redline comments is required prior to commencement of construction documents. City will handle bidding, negotiation and preparation of contracts in its entirety. Consultant shall assist the City in completing the preparation of Addenda, as required. Task #1. Stormwater Management Report Consultant will prepare a stormwater management report that follows generally accepted standard practice for submittal to the City of Milton and incorporate this study into the site work construction drawings. This report will generally conform to the Georgia Stormwater Management Manual. This includes channel protection, water quality calculations and hydrograph routing (detention). Stormwater management facilities will be designed to prevent an increase in peak flow rates (not total volume) of runoff in post-development conditions. Consultant will prepare a downstream analysis that incorporates all downstream stormwater drainage structures and features that lie within the watercourse of the overall drainage basin. The downstream study point will be at a point that is equivalent to ten (10) times the site acreage and will be identified using Geographic Information System maps and topographic information (as available). A Stormwater Performance Review Tool for Total Suspended Solids (TSS Report) will be prepared for each drainage basin and for each stormwater management facility that is designed for the project site. The TSS report will be incorporated into the stormwater management report. The report shall include a calibration study of the existing stormwater management facility to recreate, to the extent practical, the known volumes and elevations provided on the latest subdivision plat provided by the city for this development. Task #2. Site Work Construction Drawings Consultant will prepare construction drawings for site work related items based on approved preliminary design. These drawings may be combined as determined by Consultant. These site work construction drawings will consist of: a. Demolition and Removal Plan addressing existing improvements that need removal, replacement or adjustment for new construction. b. Staking/Layout Plan that will include layout of all stormwater quality and quantity facilities as well as the relocation of any existing storm pipes as may be required to facilitate the site plan provided by the city. c. Site Grading/Drainage Plan that will include proposed grading for the site improvements, existing and proposed contours, spot elevations, storm drainage system, water quality system, and general notes. Stormwater plan shall include all plan and profile information necessary for construction. d. Erosion, Sedimentation, and Pollution Control Plan that will include Georgia Soil and Water Conservation Commission required checklist information. Said plan will be three phased and will reflect NPDES requirements for sites greater than one acre of disturbed area. e. Site work construction Details for related site improvements. Consultant will perform the following tasks associated with the Georgia Department of Natural Resources - Environmental Protection Division’s National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activity #GAR 100001. a. Preparation of Notice of Intent. b. Preparation of Erosion, Sediment and Pollution Control Plan (included in Task #1). c. Initial Inspection/Certification. d. Requested NPDES inspections, with reports, will be performed based on the Additional Service rates below. e. Preparation of Notice of Termination. Consultant will meet with local issuing authority to review the project and research necessary information to be placed on the plans in order to submit for a Land Disturbance/Development Permit (LDP). City will handle site work design submittals to local issuing authority and obtain comments. Consultant will revise plans to address local issuing authority comments, and will resubmit plans. Consultant makes no guarantees to secure LDP, as this is outside of Consultant control. All required fees will be paid by City. Consultant will prepare technical site work specifications for related site work in accordance with the City's format. Reimbursable Expenses: Reimbursable expenses shall only be paid as directed expenses, without mark-up, and shall be included in the monthly billing with all appropriate back-up information. Reimbursable expenses shall not exceed the allowance provided in this contract without prior written authorization from the city. EXHIBIT “B” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON 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 E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned 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: _________________________________ eVerify Number _________________________________ Date of Authorization Stantec Consulting Services, Inc. Name of Contractor Crabapple Hydrology Study Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “C” SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Stantec Consulting Services, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub- subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ________________________________ eVerify Number _________________________________ Date of Authorization _____________________________ Name of Subcontractor Crabapple Hydrology Study Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires:______________________ HOME OF' MILT01\-1 FSTA81.ISIIF[� zDOG CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 10, 2014 FROM: City Manager AGENDA ITEM: Approval of a Contract for Maintenance of Highways Numbered 3607M by and between the Department of Transportation of Georgia, the City of Milton and the City of Alpharetta. MEETING DATE: Wednesday, February 19, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: K APPROVED () NOT APPROVED CITY A TTORNEY APPROVAL REQUIRED: YES O NO CITY ATTORNEY REVIEW REQUIRED. YES () NO APPROVAL BY CITY ATTORNEY kAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 Z r g l q REMARKS ® .. youln PHONE: 678,242.25001 FAX: 678.242.2499 infofcifyofmiltonga.us j www,cityofmiNonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Green -® Community *Certified * op tot * City Ethics HE Page 1 of 1 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on February 7, 2014 for the February 19, 2014 Regular Council Meeting Agenda Item: Approval of a Contract for Maintenance of Highways Numbered 3607M by and between the Department of Transportation of Georgia, the City of Milton and the City of Alpharetta ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Georgia Department of Transportation will be making roadway improvements as part of PI 0007313 SR 372 (Crabapple Rd/Birmingham Hwy) Intersection Improvement project. City owned streets will be added as temporary state routes during construction. It will be advantageous for the cities to continue to maintain while these sections of roadway are on the state route system. Funding and Fiscal Impact: N/A Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Paul Higbee, 1/13/2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Contract for the Maintenance of Highways Numbered 3607M Authorizing Resolutions 66(1544R) CONTRACT FOR MAINTENANCE OF HIGHWAYS NUMBERED 3607M THIS AGREEMENT made and entered into this day of , 2013, by and between the Department of Transportation of Georgia thereinafter called the Department) and by its Mayors and City Councils of the Cities of Milton and Alpharetta (hereinafter called the Cities), to be effective on the day of , 2013. WITNESSETH: WHEREAS, the Cities are being notified that sections of Broadwell Road, McFarlin Lane, Crabapple Chase Drive and Branyan Trail (Milton and Alpharetta City Streets 0010, 1882, 2204 and 4882) will be added as State Routes 1258, 1258TA and 1258TB while designated as part of the State Highway System; and WHEREAS, the Department and the Cities agree that it will be advantageous to all parties hereto, as well as to the traveling public, for the Cities to continue to accommodate utilities and to fully maintain the aforementioned. City Streets (State Route 1258, 1258TA and 1258TH) while these sections of roadway are on the State Highway System; and WHEREAS, the parties hereto are acting under the authority of the Constitution of the State of Georgia, Article IX, Section III, paragraph I (1983). NOW THEREFORE, in consideration of the sum of One Dollar by each of the parties to the other in hand paid, the receipt whereof is hereby acknowledged, and the mutual covenants herein contained, the parties hereto agree as follows: Continued... 3607M 66(1544R) PAGE TWO OF FOUR (1) The Cities will continue to fully maintain, as may be required by law for city streets, within their respective jurisdictions and within the limits of rights-of-way the sections of Milton and Alpharetta City Streets (0040; 1882, 2204 and 4882) while designated as State Routes 1258. 1258TA and 1258TB. Said sections of roadway are shown on the attached sketch map marked "Exhibit A" which by reference is incorporated herein and made a part of this instrument for the purpose of describing the streets to be maintained under this agreement. (2) To the extent authorized by law, the Cities agrees to indemnify and hold harmless the Department from all suits; claims for damages, or causes of action brought on account of the Cities' failure to perform those maintenance activities required by this contract as associated with the aforementioned State Routes. (3) The Department agrees that these sections of roadway will remain on the State Highway System and designated as State Routes 1258, 1258TA and 1258TB until the improvements are completed. The Department shall provide written notice to the Cities as to the date that State Routes 1258, 1258TA and 1258TB are removed from the State Highway System and the date of final termination of this contract. IN WITNESS WHEREOF, this instrument has been and is executed by the Commissioner on behalf of the Department and on behalf of the Mayors of the Cities of Milton and Alpharetta, they being duly authorized to do so by the City Councils of the said Cities. Continued... PAGE THREE OF FOUR This on the date and year below written Executed on behalf of the Department this By: day of [.onumssloner, Georgia Department of Transportation ATTEST: Treasurer, Georgia Department of Transportation 3607M 66(1544R) Executed on behalf of the City of Milton 2413, this r day of , , 2013. Mayor, City of Milton ATTEST: Clerk, City of Milton PAGE FOUR OF FOUR This on the date and year below written Executed on behalf of the Department this day of By: --_ - Commissioner, Georgia Department of Transportation ATTEST: Treasurer, Georgia Department of Transportation 3607M 66(1544R) Executed on behalf of the City of Alpharetta 2013. this day of Mayor, City of Alpharetta ATTEST: Clerk, City of Alpharetta 2013. rQ � f. - r 3! " O "T7/A tlN5VL1 1 1 1 VJ2 , e`s�5 SD N J -- 'I a 3607M 66(1544R) AUTHORIZING RESOLUTION GEORGIA, City of Milton and City of Alpharetta WHEREAS, the City of Milton and the City of Alpharetta thereinafter called the Cities) were notified that sections of Broadwell Road, McFarlin Lane, Crabapple Chase Drive and Branyan Trail (Mzlton and Alpharetta City Streets 2204, 4882, 1882 and 0040) are being added to the State Highway System as State Routes 1258, 1258TA and 1258TB by an Order of the Commissioner of the Georgia Department of Transportation (hereinafter called the Department) as shown on the attached sketch map 3607M; and WHEREAS, the Cities and the Department agree that it is in the public interest and in the interest of all parties hereto, for the Cities and the Department to enter into a contract numbered 3607VI v herein the Cities will agree to fully mairitain the aforementioned roadways while desionwed as Statc Routes 1258, 1258TA and 1258TB. NOW, THEREFORE, BE IT RESOLVED by the Mayors of the said Cities that their City Councils are hereby authorized to execute said contract on behalf of the Cities; and that a copy of this Resolution be furnished to the Department. By: This on the date and year below written Executed on behalf of the City this r. Attest: Mayor, City of Milton day of�: Clerk, City of Milton This on the date and year below written Executed on behalf of the City this By: .r Mayor. City of Alpharetta Attest: day of a Clerk, City of Alpharetta 2013 2013 3507 66(1.544R) LOCAL STATE ROUTE ACCEPTANCE RESOLUTION GEORGIA, City of Milton and the City of Alpharetta WHEREAS, the Mayors of the Cities of Milton and Alpharetta (hereinafter called the Cities) are being notified that the Georgia Department of Transportation (hereinafter called the Department) intends to make intersection improvements as described in Order 3607 and as shown on the sketch map attached thereto; and WHEREAS, the Cities respectively, will accept as appropriate for maintenance, ownership, utility accommodation, and as part of their local road system temporary State Routes 1258, 1258TA and 1258TB when removed from the State Highway System; and WHEREAS, when removed from the State Highway System, the aforementioned temporary State Routes shall be returned to the Cities as appropriate; and the Cities shall by operation of law have jurisdictional as well as maintenance and operational authority over said State Routes; and WHEREAS, the advancement of this project to construction is contingent upon the execution of this Resolution. NOW, THEREFORE, IT IS RESOLVED that the Cities will execute this Resolution and that a signed copy of this Resolution be furnished to the Department. This day of - , 2013 Attest: Mayor, City of Milton Clerk, City of Milton This day of , 2013 Attest: Mayor, City of Alpharetta Clerk, City of Alpharetta FOR THE CITY OF MILTON TO SIGN AND RETURN TO DOT 3607 66(1.54411) LOCAL PUBLIC ROAD ACCEPTANCE RESOLUTION GEORGIA, City of Milton WHEREAS, the Mayor of City of Milton (hereinafter called the City) is being notified that the Georgia Department of Transportation (hereinafter called the Department) intends to support preconstruction activities for Project CSHPP-0007-00(313) (hereinafter called the PROJECT) as shown on the attached Plan Sheet; and WHEREAS, by proper execution of this Resolution the City does hereby formally notify the Department of L e 0-,V' a TrA c its intentions to continue acceptance of and McFarlin Lane for maintenance, utility accommodation, and as part of its local road system once construction is completed. NOW, THEREFORE, IT IS RESOLVED that, as for the aforementioned roadways which the Department will either construct, re -align, or widen as a part of the PROJECT (as described in the attached plan sheet), the City does hereby resolve that upon completion of the PROJECT the City shall formally accept these roads into its official system of roads. Further, the City officially notifies the Department of such intention by tendering to the Department a signed copy of this Resolution. This day of 12013 Mayor, City of Milton Attest:.�,- Clerk, City of Milton FOR THE CITY OF MILTON TO SIGN AND RETURN TO DOT � LLJ r Cs co r, LLJ ❑r��'� xo z° �: rl Qqi z wa l; 4� LLJ n I � ! I '-r I Z 6 I � 0 I � o = 4 } am 4p a4 i � V I � ! I '-r I Z 6 I � 0 I � o ��SA�CAPHaP.°iE H+SfG�rL 9i5t��C�, „'Y- = 4 } am ��SA�CAPHaP.°iE H+SfG�rL 9i5t��C�, „'Y- �d 4 } am 4p �d 4 M HOME OF 'THE E L .. MIL 0 N11 ESTABLISIiFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 10, 2014 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 18,234.55 SF of Right of Way and 12,987.91 SF of Construction Easement at the Southwest Corner of the Intersection of Birmingham Road at Hopewell Road from MTO Shahmaghsoudi for a Combined Purchase Price of $25,430. MEETING DATE: Wednesday, February 19, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (VNO CITY ATTORNEY REVIEW REQUIRED: O YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS ® Your -- - ----------__.---._-- *** PHONE: 678.242.2500 FAX: 678.242.2499 Gf en crosra infoftiltyofmiltonga.us j www.cityofmiffonga.us Community 1 Eh; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a Page 1 of 1 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on February 7, 2014 for the February 19, 2014 Regular Council Meeting Agenda Item: Approval of the Acquisition of 18,234.55 SF of Right of Way and 12,987.91 SF of Construction Easement, at the Southwest Corner of the Intersection of Birmingham Road at Hopewell Road from MTO Shahmaghsoudi for a Combined Purchase Price of $25,430 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for intersection improvements at Hopewell Road and Birmingham Road the acquisition of 18,234.55 SF of right of way and 12,987.91 SF of temporary construction easement are required. Funding and Fiscal Impact: Funding for this project is available in the Hopewell @ Birmingham Intersection Improvement Capital account. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Purchase Agreement PURCHASE R GA DOT Project P. I. Number _N! Tax Parcel ID # ESTATE 13-PW4 Parcel # 2 22486004034487 For and in consideration of the sum of One Dollar ($1.00), receipt wheref being acknowledged, the undersigned grants to Rockdale County an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel o land located in Land Lot 403, 404, 461 & 462 of the 151 and 2" d District,_ Section or GMD of Fulton County, Georgia, and being more particularly described on 'Exhibit "A" attached hereto and made a p rt hereof by reference. For the sum of $ 2,30 the undersigned agrees to execute fee simple title and easements to, the lands owned by the undersigned as rE The following conditions are imposed upon the grant of this c 1) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 18, 234.55 Square Feet of Right of Way Linear Feet of Limited Access Square Feet of Construction and Main', 12,987.91 Square Feet of Construction Easemen 3) All Temporary Easements will terminate upon completion and acceptance of tt 4) The undersigned shall obtain all quitclaim deeds or releases from any tenant r having a claim or interest in the property described above. 5) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto an Witness my hand and seal this 11"4 day of Signed, Sealed and Delivered in the presence of: MTO Witness Notary Public id deliver to the City of Milton, Georgia ected on the attached Exhibit "A". nance Easement same by the Department of Transportation. in possession and any other parties incorporated herein by reference. X '- - C — (Seal) Signature ^4e> 'TilGK1 f',•e.�S�vr,r Signature Please vzo W r_Uhl eal) DOT 663 -A -LG Revised 48-01-2010 No Text HOME OF ' M LTof\.i ESTAM-ISFIED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 10, 2014 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 1,953.48 SF of Construction and Maintenance Easement at 15725 Hopewell Road from Melanie April Taylor for a Combined Purchase Price of $4,860. MEETING DATE: Wednesday, February 19, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. O YES NO CITY ATTORNEY REVIEW REQUIRED: () YES j NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: Q 14 REMARKS 14 ©. YauEM PHONE: 578.242.2500 1 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Green : v Community *Certified R fopIDQ CEXityio) f ;E 0 Vt MIA Page 1 of 1 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on February 7, 2014 for the February 19, 2014 Regular Council Meeting Agenda Item: Approval of the Acquisition of 1,953.48 SF of Construction and Maintenance Easement at 15725 Hopewell Road from Melanie April Taylor for a Combined Purchase Price of $4,860 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for intersection improvements at Hopewell Road and Birmingham Road the acquisition of 1,953.48 SF of construction and maintenance easement is required. Funding and Fiscal Impact: Funding for this project is available in the Hopewell @ Birmingham Intersection Improvement Capital account. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Purchase Agreement AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project # P. I. Number N/A 13-PW4 (Local) Parcel # 8 Tax Parcel ID # 22486004030602 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to Rockdale County an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 403 of the 2"d District,_ Section or GMD of Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. For the sum of $ 4,860 , the undersigned agrees to execute and deliver to the City of Milton, Georgia fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: 1) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 1,953.48 Square Feet of Right of Way Linear Feet of Limited Access Square Feet of Construction and Maintenance Easement Square Feet of Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. Witness my hand and seal this day of LIAh ✓ L& Signed, Sealed and Delivered in the presence Of* Witness Melanie April Tao r NUQ%��(Seal) Signature Seal) Notary PuHlic R i . "$LIG Signature '6 DOT 663 -A -LG T ¢,. OQW� Revised 08-01-2010 In, HOME OF ' M L ESTA M IL STIED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 10, 2014 FROM: City Manager AGENDA ITEM: Ratification of a Separation Agreement and Release between the City of Milton and Alan Kelton. MEETING DATE: Wednesday, February 19, 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: YES (} NO APPROVAL BY CITY ATTORNEY (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: I q I `t REMARKS © v your Green - '` PHONE: 678.242.25001 FAX: 678.242.2499 G info4cityofmiltonga.us I www.cityofmiltonga.us Communi� ;��n,t,r� ; ty 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a SEPARATION AGREEMENT AND RELEASE This Separation Agreement and Release ("Agreement") is made and entered into between Alan Kelton ("Employee") and the City of Milton ("the City") (collectively "the Parties"). 1. SETTLEMENT. Employee and the City wish to provide for his separation and to settle fully and finally any and all matters between them, including, but not limited to, any claims arising out of Employee's employment with and separation of employment from the City. 2. CONSIDERATION. Employee covenants and agrees to waive and release any and all claims relating to his employment with and separation from the City as detailed in Paragraph 3. Employee and the City covenant and agree that: A. Employee will voluntarily resign from his employment with the City, which resignation shall become effective upon Employee's execution of this Agreement. B. Within seven (7) business days of Employee's effective separation date, Employee will receive pay out for six (6) weeks accrued vacation time, with appropriate payroll deductions. Employee hereby agrees that the aforementioned payment for six (6) weeks accrued vacation time represents the full amount of accrued leave he is entitled to as of his separation date. C. The City will provide Employee with COBRA Continuation Coverage and pay the premiums for such coverage through April 30, 2014. D. Within seven (7) business days of Employee's effective separation date, Employee will receive a separation sum in the amount of $12,489.60, representing twelve (12) weeks of salary, with appropriate payroll deductions made thereto. 3. FULL AND FINAL RELEASE. Employee, for himself, his attorneys, dependents, heirs, executors, administrators, personal representatives, successors, beneficiaries and assigns, fully, finally, and forever releases and discharges the City, and all of its divisions, departments, offices, affiliates, officers, elected and appointed persons, officials, employees, servants, agents, insurers, and attorneys, in their official and individual capacities, together with their predecessors, successors, and assigns, both jointly and severally (collectively the "City Released Parties"), of and from all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, as a result of actions, representations, or omissions occurring through Employee's effective separation date, as set forth above. Specifically included in this waiver and release are, among other things, any and all claims regardi the Initial 0/ deprivation of civil, constitutional, or equal rights under local, state, or federal law including, but not limited to, 42 U.S.C. §§ 1981, 1983, 1985,1986 and/or 1988; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act ("ADA"); the Older Workers Benefit Protection Act and the Rehabilitation Act of 1973, as well as any claims for alleged wrongful discharge, negligent retention or hiring, sexual harassment, assault, battery, retaliation, negligent or intentional infliction of emotional distress, breach of contract, fraud, or any other unlawful behavior. Notwithstanding any other provision of this Paragraph or of this Agreement, Employee does not hereby waive any rights or claims for which waivers or releases are prohibited by applicable law that may arise after the Effective Date of this Agreement, which for purposes of this Agreement shall be the day on which the Agreement is executed by Employee. 4. FIVE BUSINESS DAY REVIEW PERIOD PROVIDED Employee hereby acknowledges that, he has been allowed up to five (5) business days to decide whether to execute this Agreement and that he has had sufficient time to read and consider this Agreement before executing it. Employee acknowledges that he has received valuable and good consideration to which he is not entitled in exchange for his execution of this Agreement and executes this Agreement voluntarily, with a full understanding of its significance, and intending to be bound by its terms. 5. NO OTHER CLAIMS. Employee acknowledges and represents that he does not have any pending claims or charges against the City. Employee also acknowledges and represents that he will not file, or assign to others the right to file, or make claims or charges against the City or the City Released Parties at any time for actions, representations, or omissions covered by the Full and Final Release provisions in Paragraph 3 of this Agreement. Employee also acknowledges and represents that he has received all leave required under the Family and Medical Leave Act of 1993, as amended ("FMLA"), and does not claim that the City violated or denied his rights under the FMLA. Employee further acknowledges and represents that he was properly classified under the Fair Labor Standards Act of 1938, as amended ("FLSA"), has been fully paid (including any overtime to which he was entitled, if any) for work performed for the City, and does not claim that the City violated or denied his rights under the FLSA. 6. RETURN OF PROPERTY. Employee states that, in accordance with his existing and continuing obligations to the City, he has returned, or will immediately return to the City, all property of the City, including, but not limited to, keys, files, materials, computer access codes, computer programs, instruction manuals, and other property which Employee maintained, prepared or helped to prepare in connection with his employment with the City. In no event will Employee remove any such items off the premises of the City, or duplicate any such items for removal from City premises. 7. COOPERATION. Employee agrees to fully cooperate with the City in any and all investigations, inquiries, or litigation in any judicial, administrative, or public, quasi -public, or private forum, in which the City is involved, whether or not Employee is a party to or a subject of such investigations, inquiries, proceedings, or litigation. Employee shall provide such testimony, background information, and other support and cooperation as the City may reasonably request. Employee acknowledges, agrees, and covenants that he will not voluntarily disclose any information related to personnel, payroll, risk management, claims, insurance, or attorney-client privileged matters, or any other information that is sensitive, private, and confidential, received during the course and scope of his employment to any person or entity except the City or its designee. Employee further agrees that he will not directly or indirectly cooperate or assist with the initiation or advancement of any claims, lawsuits, actions, or demands against the City on behalf of himself or any other individual. 8. NON -DISPARAGEMENT. A. Employee agrees that he will not make statements to anyone that is in any way disparaging or negative towards the City Released Parties. B. The City agrees that all agents and employees who have been involved in any matters involving Employee will not make statements to employees of the City or members of the public that are in any way disparaging or negative towards Employee. 9. NON -ADMISSION OF LIABILITY OR WRONGFUL CONDUCT. The Agreement shall not be constituted as an admission of any liability, wrongdoing, retaliation, or discrimination, nor shall it be considered to be evidence of such liability, wrongdoing, retaliation, or discrimination by either Party to the Agreement, all of whom hereby affirmatively deny any wrongdoing. 10. CONFIDENTIALITY. A. The nature and terms of this Agreement are strictly confidential and they have not been and shall not be disclosed by Employee to any other person, except Employee's lawyer without the prior written consent of an officer of the City, and except as necessary in any legal proceedings directly related to the provisions and terms of this Agreement, to prepare and file income tax forms, pursuant to court order after reasonable notice to the City, or otherwise as required by law. B. Likewise, the City has not and will not disclose the nature and terms of this Agreement at any time to any person other than City officials, lawyers, auditors, or accountants that have a legitimate business reason to know such information, except as necessary in any legal proceeding directly related to the provisions and terms of this Agreement, to prepare and file income tax or claim forms, pursuant to court orcLer after Initial / reasonable notice to Employee, or otherwise as required by law. 11. GOVERNING LAW. This Agreement shall be interpreted under the laws of the State of Georgia. 12. SEVERABILITY. The provisions of this Agreement are severable, and if any part of this Agreement is found by a court of law to be unenforceable, the remainder of the Agreement will continue to be valid and effective. 13. SOLE AND ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the Parties. Any prior agreements between or directly involving the Parties to the Agreement are superseded by the terms of this Agreement and thus are rendered null and void. However, any noncompete agreements or prior agreements between the Parties related to inventions, business ideas, and confidentiality of corporate information remain intact. 14. NO OTHER PROMISES. Employee affirms that the only consideration for his signing this Agreement is that set forth in Paragraph 2, that no other promises or agreements of any kind have been made to or with him by any person or entity to cause his to execute this document. 15. ADVICE OF COUNSEL. Employee acknowledges both that he fully understands his right to discuss all aspects of this Agreement with his attorney and that he has been given a reasonable period of time to consider whether he should execute this Agreement. Employee acknowledges and represents that he has read this Agreement in full and, if desired with advice of his counsel, understands and voluntarily consents and agrees to each and every provision contained herein. 16. SIGNATURE. The Agreement may be signed in counterparts. 17. LEGALLY BINDING AGREEMENT. Employee understands and acknowledges that (A) that this is a legally binding Agreement that includes a full release of claims; (B) that by signing this Agreement, he is hereafter barred from instituting claims against the City and/or the City Released Parties in the manner and to the extent set forth herein and (C) that this Agreement is final and binding. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEA E OF Initial ALL KNOWN AND UNKNOWN CLAIMS. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date shown below. Date: _011al 0 - CITY OF MILTON %1L By: CT.,,r 'DIS&A6ERBLOOM Title: CITY MANAGER Date: D l 13 t4 Initial 0 HOMEOF'THE BE Mi L FSTABI ISItED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 10, 2014 FROM: City Manager AGENDA ITEM: Approval of an MOU Among the U.S. Naval Criminal Investigative Service and the Participating Federal, State, County and Municipal Agencies in the Southeast Law Enforcement Alliance Project (LEAP) Information Sharing Initiative Known as The Law Enforcement Information Exchange (LINX). MEETING DATE: Wednesday, February 19, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Y APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V YES O NO CITY ATTORNEY REVIEW REQUIRED. KYES () NO APPROVAL BY CITY ATTORNEY RAPPROVED () NOT APPROVED PLACED ON AGENDA FOR,- REMARKS OR:REMARKS �1 91 * Your PHONE: 678.242.25001 FAX: 678.242.2499 JGreen info@cityofmiltonga.us I www.cityofmihonga.us " Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Deborah Harrell, Police Chief Date: February 3, 2014 for the February 19, 2014 Regular Council Meeting Agenda Item: Consideration of an MOU Among the U.S. Naval Criminal Investigative Service and the Participating Federal, State, County and Municipal Agencies in the Southeast Law Enforcement Alliance Project (LEAP) Information Sharing Initiative Known as The Law Enforcement Information Exchange (LINX) ______________________________________________________________________________ Department Recommendation: Joining the above information sharing group by signing the MOU. Executive Summary: By agreeing to sign this MOU and join this information sharing project, the agency will have access to the database for the purpose of suspect identification and criminal activity research. This will allow our officers access to information from outside agencies which may "connect the dots" between seemingly unrelated data. It may also generate leads to improve investigations and situational awareness. In addition, the City of Milton Police Department's information will be shared thus allowing other agencies to use its criminal information in solving crime. Funding and Fiscal Impact: None. Alternatives: Not signing the MOU and therefore not agreeing to share our information or having access to the system from crime research purposes. Legal Review: Paul Higbee – Jarrard & Davis January 22, 2014 Concurrent Review: Chief D. Harrell Chris Lagerbloom, City Manager Attachment(s): Copy of MOU Southeast LInX MOU 1 2/11/2014 MEMORANDUM OF UNDERSTANDING AMONG THE U. S. NAVAL CRIMINAL INVESTIGATIVE SERVICE AND THE PARTICIPATING FEDERAL, STATE, COUNTY AND MUNICIPAL AGENCIES IN THE SOUTHEAST LAW ENFORCEMENT ALLIANCE PROJECT (LEAP) INFORMATION SHARING INITIATIVE KNOWN AS THE LAW ENFORCEMENT INFORMATION EXCHANGE (LINX) A. PURPOSE. 1. This Memorandum of Understanding (MOU) is entered into by the U. S. Naval Criminal Investigative Service and the Federal, State, and local law enforcement agencies in the Southeast Law Enforcement Alliance Project (LEAP) who are participating in an information sharing initiative known as the Law Enforcement Information Exchange (LInX) for the operation of a regional warehouse of databases. The purpose of this MOU is to set forth the policy and procedure s for the use of the LInX by the participating parties, including the ownership and control of the information within the system, which may be contributed by each party for use by the LInX and the participating agencies. 2. The driving impetus for this initiative and MOU is to further the wars against crime and terrorism in the wake of the September 11th terrorist attacks against the United States. This includes: identifying and locating criminals, terrorists and their supporters; identifying, assessing, and responding to crime and terrorist risks and threats; and otherwise preventing, detecting, and prosecuting criminal and terrorist activities. To achieve these ends, it is essential that all Federal, State, and local law enforcement agencies cooperate in efforts to share pertinent information. The LInX will integrate relevant records of the parties within a single warehouse of databases, effectively providing each participating agency with a single source for regional law enforcement information. For security purposes, LInX access will be via a separate, sensitive but unclassified server. 3. The LInX will be available for use by participating law enforcement agencies in furtherance of authorized law enforcement activities as well as the prevention and detection of terrorist risks and threats. Utilizing the LInX capabilities will significantly advance public safety and security, and will enhance the protection of this Nation’s critical strategic resources in Northeast Florida and Coastal Georgia. B. PARTIES. 1. The parties to this MOU are the U. S. Naval Criminal Investigative Service and the following Florida and Georgia law enforcement agencies: Florida Alachua Police Department Alachua Sheriff’s Office Atlantic Beach Police Department Southeast LInX MOU 2 2/11/2014 Baker County Sheriff’s Office Belleview Police Department Bradford County Sheriff’s Office Bunnell Police Department Chiefland Police Department Clay County Sheriff’s Office Fernandina Beach Police Department Flagler Beach Police Department Flagler County Sheriff’s Office Florida Department of Environmental Protection Florida Department of Law Enforcement Florida Division of Alcoholic Beverages & Tobacco Florida Fish and Wildlife Conservation Commission Florida Highway Patrol Gainesville Police Department Gilchrist County Sheriff’s Department Green Cove Springs Police Department Jacksonville Beach Police Department Jacksonville Sheriff’s Office Levy County Sheriff’s Department Marion County Sheriff’s Office Nassau County Sheriff’s Office Neptune Beach Police Department Ocala Police Department Orange Park Police Department Palatka Police Department Putnam County Sheriff’s Office Santa Fe College Police Department St Augustine Beach Police Department St Augustine Police Department St John’s County Sheriff’s Office Starke Police Department Union County Sheriff’s Office University of Florida Police Department University of North Florida Police Department Waldo Police Department Williston Police Department Georgia Brunswick Police Department Camden County Sheriff’s Office Charlton County Sheriff’s Office Chatham County Sheriff’s Department Folkston Police Department Garden City Police Department Southeast LInX MOU 3 2/11/2014 Georgia Bureau of Investigation Georgia State Patrol Glynn County Police Department Kingsland Police Department Savannah Metropolitan Police Department St. Marys Police Department Ware County Sheriff’s Office Waycross Police Department Federal Law enforcement ATF Bureau of Prisons Drug Enforcement Agency Federal Bureau of Investigation NCIS US Marshals Service 2. The parties agree that maximum participation by all eligible law enforcement agencies will strengthen the purposes of this MOU. Accordingly, the parties anticipate and desire that other eligible agencies will join this MOU in the future. An eligible agency must apply for and be approved by the Governance Board. The Governance Board shall establish criteria for eligibility to join; such as but not limited to security compliance, data accountability, technical capability, and operational history. A joining agency once approved by the Governance Board shall also be considered a party and shall have the same rights, privileges, obligations, and responsibilities as the original parties. C. POINTS OF CONTACT. Each party shall designate an individual as the party’s point of contact (POC) for representing that party in regard to the MOU. A party may change its POC at any time upon providing written notification thereof to the POCs of all other parties. D. AUTHORITY. 1. Authority for the Naval Criminal Investigative Service to e nter into this MOU includes Department of Defense (DoD) Instruction 5505.3 dated July 11, 1986 and SECNAVINST 5520.3B dated January 4, 1993; 2. Authority for Florida state, county, and local agencies to enter into this MOU includes Sections 943.03(5), 943.03(14), 943.0312(2), and 943.0544(5), Florida Statutes (2004). 3. Authority for Georgia state, county, and local agencies to enter into this MOU includes, OCGA 36-69-1, et seq. The Georgia Mutual Aid Act, and The Southeast LInX MOU 4 2/11/2014 Georgia Constitution, Article 9, Section 3, provides local departments the authority to enter into MOU's. E. MISSION/OBJECTIVES. This initiative seeks to capture the cumulative knowledge of the region’s law enforcement agencies in a systematic and ongoing manner to maximize the benefits of information gathering and analysis to prevent and respond to terrorist and criminal threats; to support preventive, investigative and enforcement activities; and to enhance public safety and force protection for the Nation’s critical infrastructure in the Northeast Florida and Coastal Georgia. The specific objectives of the LInX are to: 1. Integrate specific categories of existing law enforcement, criminal justice and investigative data from participating agencies in near real time within one data warehouse that will be accessible by all participating agencies. 2. Dramatically reduce the time spent by participating agency personnel in search and retrieval of relevant data by providing query and analytical tools. 3. Provide the means for the participating agencies to develop analytical products to support law enforcement, criminal investigation, force protection, and counter- terrorism operational and investigative activities. 4. Provide an enhanced means for the participating agencies to produce strategic analytical products to assist administrative decision-making processes for area law enforcement executives. F. CONCEPT. 1. The LInX is a cooperative partnership of Federal, State, county, and local law enforcement agencies, in which each agency is partic ipating under its own individual legal status, jurisdiction, and authorities, and all LInX operations will be based upon the legal status, jurisdiction, and authorities of the individual participants. The LInX is not intended to, and shall not, be deemed to have independent legal status. 2. The LInX will become a central, electronic repository of derivative Federal, State, county, and local law enforcement and investigative data, with each party providing for use copies of information from its own records which may be pertinent to LInX’s mission. Once the database warehouse is populated and properly structured, the system will function with querying and analytical tools in support of law enforcement activities, criminal investigations, force protection, and counter terrorism, and for the development of reports by the participating agencies for the use of their executive decision makers. 3. The LInX database warehouse collection will be resident on a server located at the Northeast Florida HIDTA site, which meets the requirements for security accreditation and the warehouse will contain “Sensitive But Unclassified” (SBU) Southeast LInX MOU 5 2/11/2014 information from the records systems of the MOU parties. All parties contributing data to the LInX will have equal access to the LInX functionality via secure Internet connections for read, analytical and lead purposes only. G. OWNERSHIP, ENTRY, AND MAINTENANCE OF INFORMATION. 1. Each party retains sole ownership of, exclusive control over content and sole responsibility for the information it contributes, and may at will at any time update or correct any of its information in LInX, or delete it from the LInX entirely. All system entries will be clearly marked to identify the contributing party. 2. Just as each party retains sole owne rship and control of the information it contributes, so does a party retain sole ownership and control of the copies of that information replicated in the LInX. 3. The contributing party has the sole responsibility and accountability for ensuring that no information is entered into LInX that was obtained in violation of any Federal, State, or local law applicable to the contributor. 4. The contributing party has the sole responsibility and accountability for ensuring compliance with all applicable laws, regulations, policies, and procedures applicable to the party’s entry and sharing of information into the LInX. 5. The contributing party has the sole responsibility and accountability for making reasonable efforts to ensure the accuracy upon entry, and co ntinuing accuracy thereafter, of information contributed. Each party will notify the contributing party and the Governance Board of any challenge to the accuracy of the contributing party’s information. 6. Because information housed by LInX will be limite d to duplicates of information obtained and separately managed by the entering party within its own record system(s), and for which the contributing party is solely responsible and accountable, information submitted by the participating parties shall not b e altered or changed in any way, except by the contributing party. The contributing party should not make any changes to the data in the LInX warehouse that is not mirrored within the contributing party’s source records. 7. The LInX will thus only be populated with mirrored information derived from each contributing party’s “own records,” and is not in any manner intended to be an official repository of original records, or to be used as a substitute for one, nor is the information in the system to be accorded any independent record system status. Rather, this electronic system is merely a means to provide timely access for the law enforcement parties to information that replicates existing files/records systems. 8. To the extent that any newly discovered links, matches, relationships, interpretations, etc., located in the analysis of LInX information may be relevant and Southeast LInX MOU 6 2/11/2014 appropriate for preservation as independent records, it will be the responsibility of the accessing party to incorporate such information as records of the accessing party in the party’s own official records system(s) in accordance with that party’s records management processes (subject to obtaining any contributing party’s consent as provided below). A party that desires to incorporate in its own separate records information contributed by another party, including any analytical products based on another party’s information, must first obtain the data directly from the entering party and obtain the entering party’s express permission to use the data. 9. Commercially available references, public source information, and software applications, such as commercial directories, census data, mapping applications, and analytical applications are considered to be nonrecord material and will be ma intained in accordance with applicable contracts and/or licensing agreements. To the extent that any such information is relevant and appropriate for preservation as independent records, it will the responsibility of the accessing party to incorporate suc h information as records of the accessing party in the party’s own official records system(s) in accordance with that party’s records management processes and any applicable contract or licensing agreement. 10. Each agency has agreed to submit law enforcement, criminal justice and investigative types of records, reports, photographs, and information into the LInX warehouse. 11. There is no obligation and there should be no assumption that a particular party’s records housed in the LInX database warehouse represent a complete mirror image of that party’s records system for any subject or person. H. ACCESS TO AND USE OF INFORMATION. 1. Each party will contribute information to the LInX and agrees to permit the access, dissemination, and/or use of such information by every other party under the provisions of this MOU (and any other applicable agreements that may be established for the LInX). The contributing party has the sole responsibility and accountability for ensuring that it is not constrained from permitting this by any laws, regulations, policies, and procedures applicable to the submitting party. 2. Agencies that do not provide data for inclusion in the LInX are not eligible to be parties without express, written approval of the Southeast Law Enforcement Alliance Project’s LInX Governance Board. Only duly constituted law enforcement components of Federal, military, state, county, or local jurisdictions may become members of the LInX. 3. All parties will have access via a secure internet connec tion to all the information in the LInX, as provided in this MOU and any other applicable agreements that may established for the LInX; and each agency is responsible for providing its own internet connectivity. Southeast LInX MOU 7 2/11/2014 4. An accessing party has the sole responsibility and accountability for ensuring that an access comports with any laws, regulations, policies, and procedures applicable to the accessing party. 5. A party may only access the LInX when it has a legitimate, official need to know the information for an authorized law enforcement purpose, such as counter terrorism, public safety, and/or national security, after receiving training appropriate to this MOU. 6. An accessing party may use information for official matters only. The system cannot be used for general licensing and employment purposes, background investigations of federal, state or local employees, or any other non -law enforcement purpose. The LInX system may be queried by member agencies to assist them in developing leads to pursue in the vetting process of candidates for employment in their own agencies. However, the information contained in LInX CANNOT be utilized as the basis for a hiring decision. Any leads developed as a result of the LInX queries must be verified with the contributing agencies and only the actual, verified data may be used in the hiring decision. 7. Information in the system, including any analytical products, may not be used for any unauthorized or non -official purpose and shall not be disseminated outside of an accessing party without first obtaining express permission of each party that contributed the information in question. 8. Notwithstanding the requirement in the previous provision that information may not be disseminated without first obtain ing express permission of each party that contributed the information in question, in accordance with and to the extent permitted by applicable law, required court process, or guidelines issued jointly by the Attorney General of the United States and the Director of Central Intelligence, immediate dissemination of information can be made if a determination is made by the recipient of the information: (a) that the matter involves an actual or potential threat of terrorism, immediate danger of death or serious physical injury to any person, or imminent harm to the national security; and (b) requires dissemination without delay to any appropriate federal, state, local, or foreign government official for the purpose of preventing or responding to such a threat. The owner of the information shall be immediately notified of any and all disseminations made under this exception. 9. Any requests for reports or data in LInX records from anyone other than a party to this MOU will be directed to the contributing party. Southeast LInX MOU 8 2/11/2014 10. Agencies who are not part of this MOU will not have direct access to LInX. Requests by such agencies for copies of information contained in LInX must be referred to the individual LInX party that owns the information. 11. The information in the LInX shall not be used to establish or verify the eligibility of, or continuing compliance with statutory and regulatory requirements by applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under the Federal or State benefit programs, or to recoup payments or delinquent debts under such Federal or State benefit programs. 12. The LInX will include an audit capability that will log user activity. Each agency will designate a point of contact who shall have access to that member agency’s portion of the audit log. However, the audit log aggregate is not a record of information wholly controlled by any one member agency and no single member agency may disclose the content of the entire log. Any requests for copies of the entire audit log will be forwarded to each member agency for direct response to that member agency’s portion of the audit log. I. SECURITY. 1. Each party will be responsible for designating thos e employees who have access to the LInX. This system has been developed with the capability to record each use of the system, including the identity of the individual accessing the system, and the time of the access to the system, and the information queri ed. The system was developed with security in mind. It should be remembered by each participating member that access to the information within the system should be on a strictly official, need-to- know basis, and that all information is law enforcement sensitive. 2. Each party agrees to use the same degree of care in protecting information accessed under this MOU as it exercises with respect to its own sensitive information. Each party agrees to restrict access to such information to only those of it’s (a nd it’s governmental superior’s) officers, employees, detailees, agents, representatives, task force members, contractors/subcontractors, consultants, or advisors with an official “need to know” such information. Each party agrees to take appropriate corr ective administrative and/or disciplinary action against any of its personnel who misuse the LInX system as if it were an abuse of their own sensitive information systems of records. 3. Each party is responsible for training those employees authorized to access the LInX system regarding the use and dissemination of information obtained from the system. Specifically, employees should be given a clear understanding of the need to verify the reliability of the information with the contributing party before u sing the information for purposes such as preparing affidavits, or obtaining subpoenas and warrants, etc. Parties should also fully brief accessing employees about the Southeast LInX MOU 9 2/11/2014 proscriptions for using third party information as described in Section H, paragraphs 4 – 11, above. J. PROPERTY. 1. The equipment purchased by the NCIS to support this effort will remain the property of the NCIS. After expiration of any warranties, the NCIS and the Southeast Law Enforcement Alliance Project Governance Board will determine th e responsibility for the maintenance of the server. 2. Ownership of all property purchased by parties other than the NCIS will remain the property of the purchasing party. Each party accessing the LInX from the party’s facility shall provide its own computer stations for its designated employees to have use and access to the LInX. The accessing party is responsible for configuring its computers to conform to the access requirements. Maintenance of the equipment purchased by the accessing party shall be the responsibility of that party. K. COSTS. 1. Unless otherwise provided herein or in a supplementary writing, each party shall bear its own costs in relation to this MOU. Even where a party has agreed (or later does agree) to assume a particular financial responsibility, the party’s express written approval must be obtained before the incurring by another party of each expense associated with the responsibility. All obligations of and expenditures by the parties will be subject to their respective budgetary and fiscal processes and subject to availability of funds pursuant to all laws, regulations, and policies applicable thereto. The parties acknowledge that there is no intimation, promise, or guarantee that funds will be available in future years. L. LIABILITY. 1. The LInX is not a separate legal entity capable of maintaining an employer - employee relationship and, as such, all personnel assigned by a party to perform LInX related functions shall not be considered employees of the LInX or of an y other party for any purpose. The assigning party thus remains solely responsible for supervision, work schedules, performance appraisals, compensation, overtime, vacations, retirement, expenses, disability, and all other employment-related benefits incident to assignment of its personnel to LInX functions. 2. Unless specifically addressed by the terms of this MOU (or other written agreement), the parties acknowledge responsibility for the negligent or wrongful acts or omissions of their respective officers and employees, but only to the extent they would be liable under the laws of the jurisdiction(s) to which they are subject. M. GOVERNANCE. Southeast LInX MOU 10 2/11/2014 1. The parties recognize that the success of this project requires close cooperation on the part of all parties. To this end, the LInX system will be operated under a shared management concept in which the parties will be involved in formulating operating policies and procedures. The Southeast Law Enforcement Alliance Project Governance Board will consist of the head (or authorized designee) of each participating law enforcement agency. The parties agree to comply with all future policies and procedures developed by this Governance Board. 2. Each member of the Governance Board shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Governance Board. 3. A chairperson shall be elected by its members, together with such other officers as a majority of the Board may determine. The chairperson, or any board member, may call sessions as necessary. For a meeting to occur a minimum of 51% of the membership must be present and a simple majority of those present shall be required for passage of any policy matters. A tie vote does not pass the matter. In emergency situations, the presiding officer may conduct a telephone or email poll of Board members to resolve any issues. The Governance Board may also establish any needed committees such as technical, user, oversight, and legal. 4. Disagreements wholly among and between LInX members arising under or relating to this MOU shall be resolved only via consultation at the lowest practicable level by and between the affected parties and t heir sponsoring agencies (or as otherwise may be provided under any separate governance procedures) and will not be referred to any court, or to any other person or entity for settlement. All unresolved matters will go before the Governance Board. 5. The Governance Board may establish additional procedures and rules for the governance of the LInX system and in furtherance thereof may enter into one or more separate formal or informal agreements, provided that any such agreement does not conflict with the spirit, intent, or provisions of this MOU, and is sufficiently memorialized to meet the business purposes of the Governance Board (including adequately informing current and future parties). Such governance agreement(s) may, for instance address: organizational structure and control; executive management and administration; delegation of authority; operating policies, procedures, rules, and practices; meetings, quorums, and voting procedures; audits; and sanctions (including involuntary termination of a party’s participation in this MOU). N. DISCLOSURE OF THIRD PARTY INFORMATION. 1. When addressing any request for the disclosure of third agency information where that information was obtained as a result of a query(s) made through the LInX system, the participating agencies shall comply with the following policy: Southeast LInX MOU 11 2/11/2014 (a) In all cases, for providers of any third agency information held in another LInX MOU signatory’s files, the provider retains proprietary ownership of the information other than as provided by specific law. (b) As agreed by all parties and established in Sections G, H and I of the LInX MOU and herein, information acquired through the LInX System by all parties, shall be considered sensitive law enforcement information, the non - disclosure of which is essential to law enforcement or the protection of on-going investigations and persons rights to privacy. Therefore, in all cases the agency with proprietary interest will be immediately notified of a request for sharing or disclosure of that information from any agencies or parties outside of participating agencies in the LInX system. (c) All parties agree to assist and cooperate with any signatories in protecting information from harmful disclosure to the fullest extent of the law. (d) It is not the intention of this agreement to circumvent or obstruct existing open government and/or public information disclosure laws. Rather it is intended to ensure the protection of sensitive law enforcement information, information that has been designated as part of an active and ongoing investigative effort by any party, and other information as protected by applicable Federal and State privacy laws. O. NO RIGHTS IN NON-PARTIES. 1. This MOU is an agreement among the parties and is not intended, and should not be construed, to create or confer on any other person or entity any right or benefit, substantive or procedural, enforceable at law or otherwise against the NCIS, the Department of the Navy, the Department of Defense, the FBI, the Department of Justice, the United States, a party, or any State, county, locality, or other sponsor under whose auspices a party is participating in the LInX or the officers, directors, employees, detailees, agents, representatives, contractors, subcontractors, consultants, a dvisors, successors, assigns or other agencies thereof. P. EFFECTIVE DATE/DURATION/MODIFICATION/TERMINATION. 1. As among the original parties, this MOU shall become effective when the duly authorized representatives of each party have all signed it. For parties who subsequently join, this MOU shall become effective when completed and signed by the joining party’s duly authorized representative and countersigned by the representatives of all the other parties applicable at the time of the joining. 2. This MOU shall continue in force indefinitely for so long as it continues to advance the participants’ mission purposes, contingent upon approval and availability of necessary funding. Southeast LInX MOU 12 2/11/2014 3. This MOU may be modified upon the mutual written co nsent of the duly authorized representatives of all parties. However, the parties may, without the need of formal MOU modification, cooperatively address and resolve administrative, technical, and operational details relating to this MOU, provided that any such resolution: does not conflict with the spirit, intent, or provisions of this MOU; could not reasonably be viewed as particularly sensitive, controversial, or objectionable by one or more parties; and is sufficiently memorialized to meet the business purposes of LInX governance (including adequately informing current and future parties). 4. This MOU may be terminated at any time by the mutual written agreement of the duly authorized representatives of all parties. A party’s duly authorized representative may also terminate the party’s participation in the MOU upon written notice to all other parties of not less than thirty 30 days. A party’s participation may also be terminated involuntarily as may be provided in applicable governance agreement . 5. Upon termination of this MOU, all property being used under its purview will be returned to the respective supplying party. Similarly, if an individual party’s participation in this MOU is terminated, the party will return any property to supplying parties, and the remaining parties will return any property supplied by the withdrawing party. 6. All information contributed to the LInX by a terminating party will be deleted from LInX. 7. As to information in the LInX during a party’s partic ipation under this MOU, the rights, obligations, responsibilities, limitations, and other understandings with respect to the disclosure and use of such information shall survive any termination. This applies both as to a terminating party’s information, and to the other parties’ disclosure and use of a terminating party’s information. Q. APPENDICES. A. Form for new agencies to join MOU (and copies of executed forms for each new agency which has so joined) IN WITNESS WHEREOF, the parties have executed this MOU by the signatures of the duly authorized representative of each participating agency on an individual page attached hereto and incorporated herein as part of this MOU. Southeast LInX MOU 13 2/11/2014 Southeast LInX MOU 14 2/11/2014 SOUTHEAST LAW ENFORCEMENT ALLIANCE PROJECT LINX MEMORANDUM OF UNDERSTANDING Signatory Page For The ____________________________________________________________ Signature: __________________________________ Date: ___________________ Name: ______________________________________________________________ Title: ______________________________________________________________ Southeast LInX MOU 15 2/11/2014 APPENDIX A – SOUTHEAST LAW ENFORCEMENT ALLIANCE PROJECT’S LInX MEMORANDUM OF UNDERSTANDING PURPOSE. This document effects the joining by the _____________________________________________________________________ in the MEMORANDUM OF UNDERSTANDING AMONG THE NAVAL CRIMINAL INVESTIGATIVE SERVICE AND PARTICIPATING FEDERAL, STATE, AND LOCAL AGENCIES FOR AN INFORMATION SHARING INITIATIVE KNOWN AS THE SOUTHEAST LAW ENFORCEMENT ALLIANCE PROJECT’S LAW ENFORCEMENT INFORMATION EXCHANGE (LInX). AUTHORITY. Authority for the Joining Party to enter into this MOU includes: ______________________________________________________________________ _______________________________________________________________. AGREEMENT. The Joining Party agrees to abide by all provisions and assume all obligations and responsibilities of the MOU, including any formal changes and any administrative, technical, and operational resolutions in effect at the time of execution (as to which the Joining Party acknowledges being provided copies or other adequate notice). In return, the Joining Party shall also be considered a party and shall have the same rights and privileges as the original parties. POINT OF CONTACT. The Joining Party’s POC is: Name and Title: ______________________________________________________ Office Phone: _______________Cell: _______________ Fax: ________________ Address: _____________________________________________________________ Email/Other: _________________________________________________________ COSTS. Unless otherwise agreed in writing, the Joining Party shall bear its own costs in relation to the MOU. EFFECTIVE DATE/DURATION/TERMINATION. This document shall take effect when completed and signed by the Joining Party’s duly authorized representative and countersigned by the representatives of the Southeast Law Enforcement Alliance Project’s Governance Board authorized to do so under the LInX governance procedures applicable at the time of joining. Thereafter, duration and termination of the Joining Party’s participation in the MOU shall be as provided in the MOU. FOR THE JOINING PARTY: Signature: ________________________________ Date: _____________________ Name ________________________________________________________________ Title and Agency: _____________________________________________________ Southeast LInX MOU 16 2/11/2014 FOR THE SOUTHEAST LAW ENFORCEMENT ALLIANCE PROJECT’S LAW ENFORCEMENT INFORMATION EXCHANGE (LInX): Signature: ________________________________ Date: _____________________ Name: _____________________________________________________________ Title and Agency: ____________________________________________________ Signature: ________________________________ Date: _____________________ Name: _____________________________________________________________ Title and Agency: _____________________________________________________ HOME OF' iJO N*k ESTAI3LISI I ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 11, 2014 FROM: City Manager AGENDA ITEM: Consideration of the Acceptance of a 0.2406 Acre Tract of Land with the Arcaro at Triple Crown Subdivision. MEETING DATE: Wednesday, February 19, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: h YES () NO CITY ATTORNEY REVIEW REQUIRED: YES O NO APPROVAL BY CITY ATTORNEY � APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: Z I G 1 REMARKS © you(n PHONE: 678.242.25001 FAX: 678.242.2499 Green ` v :Certified info@cityofmilfonga.us I www.yofmiltonga.us " Community Ch cit 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: Submitted on February 11, 2014 for the February 19, 2014 Regular Council Meeting Agenda Item: Consideration of the acceptance of a 0.2406 acre tract of land with the Arcaro at Triple Crown Subdivision ____________________________________________________________________________ Department Recommendation: N/A Executive Summary: The Arcaro at Triple Crown subdivision was originally platted by Fulton County in 2005 as 21 lot CUP zoned, single family residential development. At that time a 0.2406 acre parcel between lots 10 and 11 was identified as “Road Reservation 44’ R/W”, however that parcel was not dedicated during the original platting process and remains under the ownership of LSI-Triple Crown, LLC. Both lots 10 and 11 were developed with the property owner’s knowledge and acceptance of the potential right of way in place, as indicated in the letters attached as Exhibit A. In 2007, under the assumption that the 0.2406 acre tract had been dedicated to the county and subsequently transferred to the city, a request was made to city staff to abandon that section of assumed right of way. That request was denied by staff, letter attached as Exhibit B, but there is no record of that request being heard by the city council. In 2013 another request was received from the Arcaro at Triple Crown subdivision to abandon that section of what was believed to be right of way. During that process a title search was run on this parcel that confirmed the ownership by LSI Triple Crown, LLC and the fact that the right of way had not been dedicated; therefore, no action could be taken on the abandonment application. At the same time as the second abandonment request was in process the parcel to the north of Arcaro at Triple Crown submitted a rezoning application (AG-1 to CUP) to the city. The dedication of this parcel is being done with the intent to provide access to the parcel to the north. That application indicated the intent of using this parcel as right of way for their primary entrance and exit for an additional 18 lots rather than accessing that property from SR 372. While council may accept the dedication of this parcel it is not being dedicated expressly as right of way and council would therefore not be required to permit the construction of a road on this parcel. Funding and Fiscal Impact: N/A Alternatives: 1. The council may refuse to accept the dedication of the parcel and the zoning application would need to be modified to show access from SR 372. 2. The council may accept the dedication of the parcel and hold the land as a city asset with no further development. 3. The council may accept the dedication of the land and consider the development of the parcel as a road right of way granting access to the parcel to the north that is currently in the rezoning process. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 1/31/2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Exhibit A - Road Reservation acknowledgement letters Exhibit B - Staff Response to the abandonment request ®� ROAD RESERVATION This exhibit is part of the agreement with an offer date of October 27, 2006 for, the purchase and sale of that certain Property known as 4 75 Arcaro Drive Alpharetta Ga. 30004. All parties. to this agreement acknowledge the existence of a "Road Reservation right of way" adjacent to said property as per exhibit "C". The Developer. of Arcaro, LSI - Triple Crown, LLC, and -the current property owner of lots 10 and 11, Wilson Residential Construction: LLC, shall apply and petition the appropriate governmental agency for the permanent abandonment of said road reservation right of way. This application shall be filed with said agency as soon as possible. If the application is granted LSI- Triple Crown LLC shall draft 'a new plat of Arcaro that shows approximately 1/2 of the former right of way as part of lot 10. and the remaining portion as part of lot 11. This new plat shall be recorded at the appropriate governmental agency and shallbe of public record. LSI -Triple Crown LLC Land Sellutions Inc. Richard Wernick Pres. Land Sellutions Inc. Selling Broker's Initials: Listing Broker's Initials: Buyer's Initials: VD A -A Seller's Initials: `-� �. U��tf- 100 YR. t 100 YR WW E f G-* 3,�' rn 125 YR. MDE - j�� 25. YR t tW:. EL �014:f s f, .. t q LOT I ES LAND: LOV Ui4� _" -•— """ � • ` � - •� � � " � � � , mss• r-: . ACCESS ESsx 4nO x*?•s- .. *� 1si 31.fi°� •d•S'� � �: � # .1� � `,fig• � i �, � r< , c ea, �: ark co N ps t n } `p , 2 _Sys g t ROApCER1/FIT TON 277.7Q o I \ 2\�, rtf,` i4'1, j, ' •—fi/�O.tT 'i "i . }� ' ell, ._ f... ` TO,IN TPE�E I 1+. ............ �' la • � _,,, ��; ;, � ��` _ 4 .,. � ,� Goy j t�"" � � �y� .. /4 MmIll ,tet :� �°• r ��.�'` � � r„� `,,fin ,,; � � �. �• -•�-.• XV I hz� exhibit is p of the agreement v tlx: offehdate of PO ioher 27, 2QO Fr dor t ie p rAi etxase and :sale oftha - iej Fi'opertykggwn:4a 4 i5 Asa Z�r e p a�a Ga..30664., .1I parties ttths<eemezitarOw�edgc=tbe exitenes a,a."RQadReseat�on ad a ent to sax pxopert as°per: e Ii7"bit "C" 'Fhe L�evLopet-o ca oy L ;'andtl e current treppe - c�wne ^ of lots I Q -and WV ilson Resident al Constcuc ag' LI; , sha;rl a andtzttona}prapriaie governmental: exte f©tbe t abandanme of'd i� _ g 5 peraauen road xeseriz tton-x ght Qf wad: ` i applicattan: shall he~filed w i said ageno aq-,, pos'ihle If`theapal�€ation �s��atiterl LSI-; Irgl Cro�vnl�LC shall<�a neplaccai=o tka sTiate; ay Y the ofwaapartormerrightof Io1i ppaxim the ng porton a part oflot. I.Y. us ne pb tshall- recorded at thre appropriate. 3.ntal agency~ bli ..recQrcl. • .• LSI -Triple Craven LLC Land SelIWws�Inccy Listing Broker's Initials ° t—� Seller's Initials; -���' Z 1 Z � r �• Im E i'A„8Z.$1.0Q S wdi } �.--► iTi.W,I)�.7.�'SZE _... I . LZt Z6 £OZ t ^� }� ~°`•`�: � �� ,��•-� d caD°' { •.� � �• \ �, � .5p�` '.,•gyp 8�• � �-,� 1z O� _ � p r; :- �n a {��; J:• � • t�, 9� : tel: �7• � . o .. . � ` � m •..� � :�'i fiFg _ . � �•.,• •• � Via' � z � a: � `o ."••� � Vii- � � mak. f N :>',ts, pl •tn _ ! . 14 to TREE Is , Qi Zo LO $ez om N I4 T8 Of �6' x1}. l �f G ` a 4; N I� n r C>, ozy �N�G mt I" iC ! p 00 -,4► i €7RIV, N f\/'TMJ,, ARCARO I �, .4-4 _ R! LU r L73 ✓ i . r �o ("� r r 3„3 yb N �lISfAL30f� �5 hu,C "to s t ^o�ry ,�, :. ,•"(� X495©,i�iiJi-+° • `vj�� ` - . M w 3 CI ld� QNtt2 �`3Nn Lol Orr _ 3,x^'30 ,oz .ZS'98Z ..... _ _ .�_;DV9EZ ` sa't, to G -t3,' •M+ sz . ydi Qui (rvlat #.'ton: st 4VVWL -a WN Wk oov z , ..,., :' Q • � �� � sts'z� =.-ton -eA oat City of Milton 13(,'fl0 Qe *Id P4WaY SAO= MRW, Gbo* 3004 March 26, 2007 Mr. Charles Wilson Wilson Residential Marketing 490 Park Creek Way .Alpharetta, GA 30022 SUBJECT: Arcaro at Triple Cxown Dear Mr. Wilson: Thank you for your thorough packet of background information and patience demonstrated as we established ourselves as a City. We have reviewed your request and decline the request to abandon the right-of-way within the Arcaro at Triple Crown. We will require this interpa rcel connection to be built by future developers to connect to Biraunghmn Highway. We understand this will require bridges or culverts by future developers. This comiection will benefit the City of Milton. Peel free to contact me if necessary at abbie.jones@cityofmiltmga.us and phone 678.242.2559. Sincerely, Abbie Jones, lE CC: Mr. Tom. Wilson, Con=unity Development Director Mr. Gres Wilson, Community Services Director Mr. Chris Lagerbloom, ,Public Safety Director Mr. Aaron Bovos, City Manager Mr. Mark Scott, City Attorney Mr. Richard Werzuck 11W Park Woods Circle Suite C Alpharetta, GA 30005 Page 1 of 2 HOME OF ` 1� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 14, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Amendment to Agreement for Sale of Property between the City of Milton and SHF Crabapple, LLC. MEETING DATE: Wednesday, February 19, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 9APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS () NOT APPROVED () NO () NO () NOT APPROVED 4 ® '* Yount.PACE',_ PHONE: 678.242.2500 FAX: 678.242.2499WENNEA �N �WD -Gre' en � * * * C-milkd �ommunit i t aty°f f info@cityofmiltonga.us I www.cityofmiltonga.us 4�EchlcsLy 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Amendment to Agreement for Sale of Realty This Amendment to Agreement for Sale of Realty is made and entered into this _'day of February, 2014 by and between the City of Milton, Georgia ("Buyer") and SHF Crabapple, LLC ("Seller"). WHEREAS, on February 4, 2014 Buyer and Seller did enter into an Agreement for Sale of Realty (the "Agreement") pertaining to Property located in Fulton County, Georgia consisting of 2.1404 acres, and also including an additional donation of property by Seller to Buyer for a portion of Lecoma Trace; WHEREAS, the Agreement granted to Buyer a due diligence period ending on February 14, 2014 and contemplated a deadline for closing of February 17, 2014; and WHEREAS, the parties now desire to extend the dates for Buyer's due diligence and closing; NOW THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the parties agree to amend the Agreement as follows: 1. The termination date of Buyer's Due Diligence period under Paragraph 4 of the Agreement is hereby extended from February 14, 2014 through and including March 17, 2014. ►11 The final date for closing contemplated by Paragraph 8, Closing Date, of the Agreement is hereby extended from February 17, 2014 to March 18, 2014. 3. All other terms and provisions of the original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first written above. [SIGNATURES ON THE FOLLOWING PAGE] SELLER: SHF CRABAPPLE, LLC B N SIGNED, SEALED, AND DELIVERED �� �•�`"""✓ in the presence of: Witness PAMELA R CUSTER 4 NOTARY PUBLIC Notary Public FORSYTH COUNTY STATE OF GEORGIA [NOTARY SEAL] Ny Commission Expirm Sope mbar 27, VXs My Commission Expires: 9%;k7 -(C5 BUYER: CITY OF MILTON, GEORGIA Joe Lockwood, May [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witness �eA MCc'•� Notary Public °r ••°s [NOTARY SEAL] 0,00 ' Ob) G • My Commission Expires:r'�—el,�,5, • ��i�,�OUN��ti`�