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Agenda CC - 04/28/2014 - Agenda Packet
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, April 28, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jason Howard, Director of Adult Ministries with Stonecreek Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-105) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 28 , 2014 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the April 14, 2014 Regular City Council Meeting Minutes. (Agenda Item No. 14-106) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements for the Period Ending March, 2014. (Agenda Item No. 14-107) (Stacey Inglis, Assistant City Manager) 3. Approval of the Acquisition of 1,953.66 SF of Construction Easement, at 15613 Hopewell Road from Tina Marie Stovall, et al. for a Combined Purchase Price of $1,254.00. (Agenda Item No. 14-108) (Carter Lucas, Public Works Director) 4. Approval of the Acquisition of 2,624.12 SF of Construction and Maintenance Easement, at 15745 Hopewell Road from Thomas E. Day for a Combined Purchase Price of $4,016.00. (Agenda Item No. 14-109) (Carter Lucas, Public Works Director) 5. Approval of a Professional Services Agreement between the City of Milton and Playcore Wisconsin, Inc. d/b/a GameTime for the Removal of Play Sets at Bell Memorial Park. (Agenda Item No. 14-110) (Jim Cregge, Parks & Recreation Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Cambridge High School Wrestling Team Day. (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing Building Safety Month 2014. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 34, Section 24, of the Milton City Code Creating Parks and Recreation Fees and Other Charges. (Agenda Item No. 14-111) (Ken Jarrard, City Attorney) 2. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. (Agenda Item No. 14-112) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 28 , 2014 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 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) (Deferred at February 19, 2014 City Council Meeting) (Carter Lucas, Public Works Director) 2. Consideration of the First Amendment to that Intergovernmental Agreement for the Provision of 911 Emergency Communication Services and GCIC Information Services between the City of Alpharetta, Georgia and the City of Milton, Georgia. (Agenda Item No. 14-113) (Stacey Inglis, Assistant City Manager) 3. Consideration to Accept an Application for the Abandonment of a Portion of Public Right of Way on Thorntree Run within the Tullamore Subdivision. (Agenda Item No. 14-114) (Carter Lucas, Public Works Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Discussion on Conservation Initiative and its Mission, Vision and Principles. (Chris Lagerbloom, City Manager) 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-115) The minutes were provided electronically rl HOME OF ' ESTAG11SHF,E) 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE. April 16, 2014 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending March, 2014. MEETING DATE: Monday, April 28, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. () YES NO CITY ATTORNEY REVIEW REQUIRED: O YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 6 Ah g il REMARKS IP Your PHONE: 678.242.25001 FAX: 678.242.2499 PACE 'WIRDb ka,rClen V *C'wifwd* rop >uu ""EA . Communiti,EhinfoCcityofmiltonga.us www.cityofmiltonga,us [io 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 s To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on April 14, 2014 for the April 28, 2014 Regular Council Meeting Agenda Item: Financial Statements for Period 6 – March 2014 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 2.17% over what is anticipated for the sixth period of the fiscal year. Total expenditures to-date are $9,614,538 and are 5.7% 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 $13,744,324, capital expenditures-to-date total $2,230,093. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending March 2014 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,344,000 22,190 32,050 (9,860) 216,936 184,050 32,887 Motor Vehicle Tax 700,000 68,069 58,333 9,735 403,643 291,667 111,976 Intangible Tax 250,000 9,347 20,833 (11,486) 70,328 104,167 (33,839) Real Estate Transfer Tax 75,000 3,791 6,250 (2,459) 26,102 31,250 (5,148) Franchise Fees 1,800,000 68,937 68,937 - 582,506 630,000 (47,494) Local Option Sales Tax 7,000,000 644,237 583,333 60,904 2,959,098 2,916,667 42,431 Alcohol Beverage Excise Tax 285,000 21,428 23,750 (2,322) 116,178 118,750 (2,572) Business & Occupation Tax 605,000 282,515 242,000 40,515 434,187 544,500 (110,313) Insurance Premium Tax 1,600,000 - - - - - - Financial Institution Tax 33,000 13,794 13,794 - 34,172 34,172 - Penalties & Interest 30,000 950 2,250 (1,300) 21,826 13,620 8,206 Alcohol Beverage Licenses 135,000 5,800 - 5,800 138,600 135,000 3,600 Other Non-Business Permits/Licenses 15,686 2,909 1,224 1,685 16,665 8,343 8,322 Zoning & Land Disturbance Permits 152,329 1,875 12,694 (10,819) 154,004 76,165 77,839 Building Permits 400,000 46,115 33,333 12,782 206,074 200,000 6,074 Intergovernmental Revenue 1,711 - - - 1,711 1,711 0 Other Charges for Service 439,661 73,435 59,363 14,071 281,856 242,151 39,705 Municipal Court Fines 481,600 31,538 40,133 (8,596) 226,965 240,800 (13,835) Interest Earnings 14,500 1,885 1,208 677 10,722 7,250 3,472 Contributions & Donations 1,188 - 91 (91) 1,188 594 594 Other Revenue 29,540 195 2,462 (2,267) 18,921 14,770 4,151 Other Financing Sources 64,000 240 240 - 1,150 1,150 - Total Revenues 22,457,215 1,299,251 1,202,281 96,970 5,922,832 5,796,775 126,057 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,576 11,038.10 12,249 (1,211) 68,369 71,804 (3,435) City Clerk 188,574 12,408.88 13,860 (1,451) 88,952 98,931 (9,979) City Manager 556,713 37,260.90 37,057 204 225,446 242,220 (16,775) General Administration 37,794 2,200.65 5,553 (3,352) 21,094 22,433 (1,339) Finance 367,595 28,773.51 29,965 (1,191) 189,866 202,511 (12,645) Legal 230,000 20,987.46 19,167 1,821 87,154 76,667 10,487 Information Technology 614,657 23,440.69 30,614 (7,173) 290,590 345,295 (54,705) Human Resources 331,108 16,965.02 22,261 (5,296) 125,795 140,766 (14,971) Risk Management 195,015 14,013.16 14,013 - 82,079 82,079 - General Government Buildings 436,678 2,054.47 7,621 (5,566) 182,773 218,339 (35,566) Public Information & Marketing 254,541 14,087.20 14,116 (29) 99,771 101,698 (1,927) Municipal Court 246,985 21,023.81 18,840 2,184 119,680 119,758 (78) Police 3,420,814 219,753.70 261,062 (41,308) 1,505,116 1,636,970 (131,854) Fire 5,408,188 345,212.38 422,512 (77,300) 2,406,548 2,595,520 (188,972) EMS Operations - - - - - - - Public Works 1,833,009 205,714.62 200,983 4,732 854,679 874,222 (19,543) Parks & Recreation 990,634 32,824.68 40,488 (7,663) 492,228 537,179 (44,950) Community Development 1,096,848 77,624.33 84,904 (7,279) 473,504 524,741 (51,237) Economic Development 79,285 2,890.09 2,978 (88) 25,346 25,883 (536) Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 - Operating Transfers to Other Funds 4,935,793 455,168.58 455,169 - 2,184,781 2,184,781 - Operating Reserve 95,369 - - - - - - Total expenditures 21,576,946 1,543,442 1,693,410 (149,968)9,614,538 10,192,564 (578,026) Net Income/(Loss)880,269 (244,192)(3,691,706) Fund Balance - Beginning 9,489,374 9,489,374 Fund Balance - Ending 10,369,643 5,797,668 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$ 545$ 745$ (555)$ Interest Revenues 40 2 9 (31) Crabapple Fest Sponsor 7,500 - 1,000 (6,500) Earth Day Sponsor 4,000 2,000 3,500 (500) Concert Sponsor 500 - - (500) Mayor's Run Sponsor 2,000 - 500 (1,500) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 1,500 447 447 (1,053) Roundup Food Sales - - - - Total revenues 16,840$ 2,994$ 6,201$ (10,639)$ EXPENDITURES Current: Special Events 65,095$ 350$ 21,858$ 43,237$ Total Expenditures 65,095$ 350$ 21,858$ 43,237$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ 4,880$ 25,152$ (9,848)$ Total other financing sources and uses 35,000$ 4,880$ 25,152$ (9,848)$ Net change in fund balances (13,255)$ 9,496$ Fund balances - beginning 37,898 37,898 Fund balances - ending 24,643$ 47,394$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 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 - 496 13,487 13,487 Interest Revenues/State Funds - 2 14 14 Interest Revenues/Federal Funds - 3 17 17 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 501$ 13,518$ 13,518$ 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)$ 917$ Fund balances - beginning 125,504 125,504 Fund balances - ending 107,504$ 126,421$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 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$ 32,444$ 273,913$ (526,087)$ Interest Revenue 200 21 129 (71) Total revenues 800,200$ 32,465$ 274,042$ (526,158)$ EXPENDITURES Current: Public Safety 1,117,262$ 1,336$ 555,942$ 561,320$ Total Expenditures 1,117,262$ 1,336$ 555,942$ 561,320$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (317,062)$ (281,900)$ Fund balances - beginning 768,794 790,699 Fund balances - ending 451,732$ 508,799$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 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 3 3 Total revenues -$ 0$ 10,003$ 10,003$ EXPENDITURES Current: General Administration -$ -$ -$ - Police - - - - Fire - - - - Parks & Recreation - - - - Total Expenditures -$ -$ -$ -$ Excess of revenues over expenditures - 0 10,003 10,003 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 10,003 Fund balances - beginning - - Fund balances - ending -$ 10,003$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 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$ 4,880$ 25,152$ (29,848)$ Total revenues 55,000$ 4,880$ 25,152$ (29,848)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 35,000 4,880 25,152 (9,848) Total other financing sources and uses 55,000$ 4,880$ 25,152$ (29,848)$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2014 7 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 65,000$ 600$ 24,866$ (40,134)$ Sidewalk Replacement Account - - 5,000 17,000 17,000 Crabapple Paving Fee - - 5,250 5,250 5,250 Traffic Calming - - - - - Tree Recompense - - - - - Landfill Host Fees 80,000 80,000 - 27,982 (52,018) HYA Fees - - - 4,413 4,413 Interest Revenue 3,000 3,000 205 1,133 (1,867) Realized Gain or Loss on Investments - - - - - Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend - - - - - Capital Lease Proceeds - - - - - Total revenues 148,000 148,000 11,055$ 80,644$ (67,356)$ EXPENDITURES Capital Outlay City Council 36,070$ 36,070$ 6,545$ 18,042$ 18,028$ General Admin - 50,000 - - 50,000 Finance - - - - - IT - - - - - Police 2,331,523 2,604,805 33,124 176,145 2,428,660 Fire 1,438,530 1,511,970 - - 1,511,970 Public Works 7,313,241 7,681,241 18,058 1,702,462 5,978,779 Parks & Recreation 1,746,290 1,746,290 102,834 333,044 1,413,246 Community Development 113,948 113,948 - 400 113,548 Total Capital Outlay 12,979,602$ 13,744,324$ 160,561$ 2,230,093$ 11,514,231$ Excess of revenues over expenditures (12,831,602) (13,596,324) (149,506) (2,149,449) (11,581,587) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,151,071$ 4,915,793$ 455,169$ 2,184,781$ (2,731,012)$ Unallocated (125,216) (125,216) - - 125,216 Total other financing sources and uses 4,025,855 4,790,577 455,169 2,184,781 (2,605,796) Net change in fund balances (8,805,747) (8,805,747) 35,333 Fund balances - beginning 8,960,703 8,960,703 8,960,703 Fund balances - ending 154,956$ 154,956$ 8,996,036$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2014 8 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)- 200,000 - - (200,000) LMIG Funds - 275,873 - 275,873 0 GDOT HPP Funds 7,262,878 7,262,878 25,596 60,362 (7,202,516) MARTA Grant 177,355 177,355 - - (177,355) SR 9 @ Bethany Bend Grant 60,000 60,000 8,447 8,447 (51,553) GDOT-Signage/Landscaping 4,062 4,062 - - (4,062) Trail Connection to Big Creek Greenway - 30,000 15,000 15,000 (15,000) Interest Revenues 800 800 26 174 (626) Total revenues 8,005,095$ 8,510,968$ 49,069$ 359,857$ (8,151,111)$ EXPENDITURES Capital Outlay Public Works 8,682,362$ 9,208,235$ 20,497$ 396,211$ 8,812,024$ Community Development 7,190 7,190 - - 7,190 Total Capital Outlay 8,689,552$ 9,215,425$ 20,497$ 396,211$ 8,819,214$ Excess of revenues over expenditures (684,457) (704,457) 28,572 (36,354) 668,103 OTHER FINANCING SOURCES (USES) Transfers out to General Fund (20,000)$ -$ -$ -$ -$ Total other financing sources and uses (20,000)$ -$ -$ -$ -$ Net change in fund balances (704,457) (704,457) (36,354) Fund balances - beginning 705,087 705,087 705,087 Fund balances - ending 630$ 630$ 668,733$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2014 9 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) EXPENDITURES Capital Outlay General Government Buildings -$ 3,322,000$ 899,196$ 899,196$ 2,422,804$ Parks & Recreation - 8,678,000 - - 8,678,000 Total Capital Outlay -$ 12,000,000$ 899,196$ 899,196$ 11,100,804$ Excess of revenues over expenditures - (12,000,000) (899,196) (899,196) 11,100,804 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ 2,000,000$ -$ -$ (2,000,000)$ Revenue Bond Proceeds - 10,000,000 - - 10,000,000 Total other financing sources and uses -$ 12,000,000$ -$ -$ 8,000,000$ Net change in fund balances - - (899,196) Fund balances - beginning - - - Fund balances - ending -$ -$ (899,196)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2014 10 0 HOME OF ' M1 LTO. N ESTABLiSH> D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2014 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 1,953.66 SF of Construction Easement, at 15613 Hopewell Road from Tina Marie Stovall, et al. for a Combined Purchase Price of $1,254.00. MEETING DATE: Monday, April 28, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED: O YES KNO -Z4-TY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY GfF ATTORNEY (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: O 2 ! REMARKS qq i MM -" /0-at.J A,7VE ^/ eV ®Yom u PHONE: 678.242.2500 1 FAX: 678.242.2499 Green``� } Certified lup loa info@cityofmiitonga.us I www.cityofmiitonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'ate Page 1 of 1 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on April 14, 2014 for the April 28, 2014 Regular Council Meeting Agenda Item: Approval of the Acquisition of 1,953.66 SF of Construction Easement, at 15613 Hopewell Road from Tina Marie Stovall, et al. for a Combined Purchase Price of $1,254.00 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for intersection improvements at Hopewell Road and Birmingham Road the acquisition of 1,953.66 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 AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project # 13-PW4 P. I. Number NSA Parcel # 1 Tax Parcel ID # GEORGIA, FULTON COUNTY 22 487004620491 For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to the City of Milton/Georgia Department of Transportation 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 2nd District, Section or GMD N/A 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 $ 1,254 , the undersigned agrees to execute and deliver to the City of Milton/Georgia Department of Transportation fee simple title and temporary 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. Square Feet of Right of Way Linear Feet of Limited Access Square Feet of Construction and Maintenance Easement 1,953.66 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 quitclaim 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 3 ( day of Signed, Sealed and Delivered in the presence of: Witness ;��2w NotaYUy Oublic X1111 // s`��� 0NNIEt p�fie s� �� ; � �,tdSSIOH •.• �� �i� �'0 �'� C=OTAogg _ 9P% 0 i :•4k ro ,p•; Q �iy '.y22,2..• ;O' N `; T A MAR TOVALL c i (Seal) Signature NONA JACOBS eal) Signature 9 R A PIANk JEWART l e_ (Seal) Signature DOT 663 -A -LG Revised 08-01-2010 N HOMEOl"THE F- MILTO" FSTABLIS FIE D2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2014 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 2,624.12 SF of Construction and Maintenance Easement, at 15745 Hopewell Road from Thomas E. Day for a Combined Purchase Price of $4,016.00. MEETING DATE: Monday, April 28, 2014 Regular City Council Meeting BACKGROUND INFORMATION (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. () YES YNO --914:Y� ATTORNEY REVIEW REQUIRED: OYES () NO APPRO VAL B Y 6ff-r' A TTORNEY (X APPROVED O NOT APPROVED PLACED ON AGENDA FOR: I Ze 14 REMARKS 7 ® ., Your y. PHONE: 678,242.25001 FAX: 678.242.2499 P :� Green �� k Certified y inRiuq info@cityofmiltonga.us I www.cityofmiltonga.us '""� Community * F. 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 E: �,:,rE ,Q Page 1 of 1 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on April 14, 2014 for the April 28, 2014 Regular Council Meeting Agenda Item: Approval of the Acquisition of 2,624.12 SF of Construction and Maintenance Easement, at 15745 Hopewell Road from Thomas E. Day for a Combined Purchase Price of $4,016.00 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for intersection improvements at Hopewell Road and Birmingham Road the acquisition of 2,624.12 SF of construction and maintenance 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 AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project # P. I. Number N/A Tax Parcel ID # GEORGIA, FULTON COUNTY 13-PW4 (Local) Parcel # 10 22486004030636 For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Milton 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 2nd District— Section 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 $ 4,016 , the undersigned agrees to execute and deliver to the City of Milton, Georgia 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. Square Feet of Right of Way Linear Feet of Limited Access 2,624.12 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 City of Milton. 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 la day of ,�D `7 . Signed, Sealed and Delivered in the pre ence of: Witness v MI3Si. ;, 205 0' Thomas E. Day (Seal) Signature DOT 663 -A -LG Revised 08-01-2010 HOME OF ' LTO N-% ESTMILIS1 [ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Playcore Wisconsin, Inc. d/b/a GameTime for the Removal of Play Sets at Bell Memorial Park. MEETING DATE: Monday, April 28, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: �) YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITYATTORNEY PLACED ON AGENDA FOR: REMARKS h APPROVED o�2,ei 4 {) NOT APPROVED () NO () NO () NOT APPROVED In # Youlm PHONE: 678.242.2500 j FAX: 678.242.2499 e�wr :Green ' *Certified* 'aP'10 infoC�cityofmiltonga,us j www.cityofmilfonga.us '' Community Eth�°' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 11 e To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 17, 2014 for the April 28, 2014 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and PlayCore Wisconsin, Inc. d/b/a GameTime for Removal of Play Sets at Bell Memorial Park ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of the Construction Services Agreement for removal of Play Sets at Bell Memorial Park. Executive Summary: Currently, there are two play sets at Bell Memorial Park. Both units were installed in 2006. These units are not going to be used at the rebuilt Bell Memorial Park as they don’t match the theme of the park. However, they can be re-used at another location. In order to preserve the manufacturer provided liability protection on the Play Sets, we must have the original manufacturer’s installation team remove the unit and at a later date, re-install the unit. Both units were purchased from, and originally installed by, GameTime. Therefore, we must use the same company for the removal services. The removed equipment will be safely stored until we can re-install each set at a different location. Funding and Fiscal Impact: The contract price is $4,500.00. The funding for this work would be provided under the Parks and Trail Improvement budget. Alternatives: If this contract is not approved, we would have to rely upon the General Contractor (“GC”) of the park project to address the removal of the Play Sets. This would immediately void the manufacturer’s warranty regarding the safety of the product and shift all liability risk associated with the future reuse of the play sets to the City of Milton. Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis, April 10, 2014 Concurrent Review: Chris Lagerbloom Attachment(s): 1) Construction Service Agreement – Short Form Agreements $10,000.00 or Less PlayCore Wisconsin, Inc. d/b/a GameTime for Removal of Play Sets at Bell Memorial Park !-OfaE OF' , *k ESTARISHED 207 CONSTRUCTION SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS PLAY SET REMOVALS AT BELL MEMORIAL PARK This Services Agreement (the "Agreement") is made and entered into this l#. day of l , 201+, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as V"C—�),iand PlayCore Wisconsin, Inc. d/b/a Game Time, (hereinafter referred to as the "Contractor") having its principal place of business at 150 GameTime Drive, fort Payne, Alabama 35967 WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": A. This Agreement (5 Pages), B. Scope of Work, attached hereto as Exhibit "A", C. Quote from Contractor dated April 4, 2014 (3 Pages), attached hereto as Exhibit `B", D. Insurance Certificate, attached hereto as Exhibit "C", E. Contractor Affidavit and Agreement, attached hereto as Exhibit "D"; F. Subcontractor Affidavit, attached hereto as Exhibit "E"; To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as the removal of two play sets located at Bell Memorial Park, 15245 Bell Park Drive, Milton, GA 30004. Contractor is obligated to transport the materials removed from Bell Memorial Park to the City of Milton Public Works Storage Yard located at 16050 Old Bull Pen Road and package then for long term storage. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within thirty (30) business days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's 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 $4,500.00 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and' all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit "C". E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. Contractor and all subcontractors (if used) must possess proper certification to handle asbestos related materials. 2 F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: Mr. Rob Domenica shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 1. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. 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 "D" 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. 3 The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the 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 "E", 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. 0 The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section F in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. PlayCore Wisco,4sin, Imo. d/b/a Game Time Signature: e6Y-,9v VP /61r( CITY OF MILTON, GEORGIA Joe Lockwood, Mayor EXHIBIT "A" Scope of Work The contractor shall remove and prepare for storage the materials associated with two (2) play sets, located at Bell Memorial Park at 15245 Bell Park Drive, Milton, GA 30004. All reusable materials are to be transported to the City of Milton's Public Works Storage Yard located at 16050 Old Bull Pen Road. Non -reusable materials are to be appropriately discarded. EXHIBIT «B" Quote From Contractor CORE C.0 .n' on. GameTime c/o Dominica Recreation Products, Inc. P.O. Box 520700 Longwood, FL 32752-0700 800-432-0162 -- 407-331-0101 Fax: 407-331-4720 Bell Memorial Park - Move Existing Equipment City of Milton Attn: Jim Cregge 13000 Deerfield Parkway Suite 107A Milton, GA 30004 Phone: 678-242-2489 jim.cregge@cityofiniltonga.us QUOTE #67284 04/04/2014 Ship To Zip: 30004 I Remove 5 -Star Plus - Remove ExistinV Equipment - S4,500.00 54,500.00 (To be reinstalled) - Removal of equipmeni fi r use in another park. Installers to remove and take to City of Milton Storage Location. SubTotal: 54,500.00 Total Amount: 54,500.00 This quote ,vas prepared by Rob Dominica, President.. For questions or to order please call - 500-432-0162 ext. 113 robd(d:gametimc.com Payment Terms: Governmental Purchase Order. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager. A completed Credit Application and Bank Reference Authorization, must be received with the order. The decision on credit is the sole discretion of GameTime/P1ayCore. A 1.5% per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B. factory, order shall ship within 30-45 days after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of payment. Taxes: State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed, this quotation excludes all sitework and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; security of equipment (on site and at night); equipment assembly and installation; safety surfacing: borders; drainage; signed/sealed drawings; or permits. Installation Terms: Shall be by a Certified Installer. If playground equipment, installer will be MPSI and Factory Trained and Certified. Customer shall be responsible for scheduling and coordination Nvith the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall be responsible for unknovm conditions such as buried utilities, tree stumps, rock, or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. Acceptance of quotation: Accepted By (printed): P.O. No: Signature: Title: E -Mail: Date: Phone: Purchase Amount: $4,500.00 Page 1 of I EXHIBIT "C" Insurance Certificate Ale^^ , ® CERTIFICATE OF LIABILITY INSURANCE04/14/2014 DATE(MMfOD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA, Inc. Two Alliance Center 3560 Lenox Road, Suite 2400 Atlanta, GA 30326 CONTACT NAME: C�E AX NCNNo Ext): A/ No): E-MAIL ADDRESS: GENERAL LIABILITY Attn: Atlanta.CertRequest@marsh.com I Fax: 212-9484321 457102-CAS-GAUWX-13-14 INSURERS AFFORDING COVERAGE NAIC # INSURER A : Chubb Custom Insurance Company 38989 INSURED Pla Ga Wisconsin, Inc. dba GameTime INSURER B : Transportation Insurance Co 20494 National Union Fire Ins Co Pittsburgh PA 19445 INSURER C : g INSURER D : American Casualty Company Of Reading, Pa 20427 150 PlayCore Drive SE Fort Payne, AL 35967 E : Liberty Insurance Underwriters Inc. 19917 -INSURER INSURER F: COVERAGES CERTIFICATE NUMBER: ATL -003259645-01 REVISION NUMBER:2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN RI LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MWD LIMITS A GENERAL LIABILITY 79937909 08/01/2013 08/01/2014 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 100,000 CLAIMS -MADE r_X1 OCCUR MED EXP (Any one person) $ EXCLUDED PERSONAL a ADV INJURY $ 2,000,000 X SIR $250,000 Per OCC. GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 1-1 POLICY X PRO- LOC POLICY AGGREGATE $ 10,000,000 B AUTOMOBILE LIABILITY BUA 2098343798 08/01/2013 08/01/2014 COEa aMBccident $INED SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ ANY AUTO I ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per PROPERTY$ NON -OWNED HIRED AUTOS AUTOS Comp./Coll. Ded.: $1,000 Is C X UMBRELLA IJABX OCCUR 012778673 08/01/2013 08101/2014 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 EXCESS LIAR CLAIMS -MADE DED I X RETENTION $ 10,000 $ D WORKERS COMPENSATION WC 2 98343753 (AOS) 08/01/2013 08/0112014 X WC sTATU- OTH- D B AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A WC 2 98343634 (CA) WC 2 98343879 WI ( ) 0810112013 08/0112013 08/0112014 08!01/2014 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,005,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Excess Umbrella 100005445603 08/0112013 0810112014 Each Occurrence 25,000,000 Aggregate 25,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Re: Play Set Removals at Bell Memorial Park City of Milton, GA, its officers, officials, agents and employees are listed as additional insured as their interests may appear, except Workers' Compensation, during and until completion of the referenced project via endorsement 80-02-2367 where required by written contract. Coverage is primary and others is non-contributory where required by written contract. A Waiver of Subrogation applies in favor of the additional insureds on the Workers Compensation policy where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Milton, GA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1300 Deerfield Parkway THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Suite 107 ACCORDANCE WITH THE POLICY PROVISIONS. Milton, GA 30004 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. ManashiMukhedee ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Liability Insurance Endorsement Poliby Period AUGUST 1, 2013 TO AUGUST 1, 2014 Effective Date AUGUST 1, 2013 Policy Number 7993-79-09 Name of Company CHUBB CUSTOM INSURANCE COMPANY Date Issued AUGUST 8, 2013 axe � is v .mss.; ss ac MN This Endorsernent applies to the follmvingforms: GENERAL LIABIL117Y Under Who Is An Insurers, the fallowing provision is added_ Who Is An Insured Addiional Insured - Persons or organizationsshmm in the Schedule are Insureds; but they me insureds only if you are SehedufedPerson obligated purmarit to a contract or agreementto pmvidethern with such imurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: ifand then only to the extent the person or organization is described in the Schedule; to the extent such c:onirac:t or agreemeutrequires the person or organizationto be afforded status as an insured; for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and with respect to damages, loss, cast or expense for injury or damage to which this insurance applies. No person or organizationis an insured underthis provision: that is more specifically identified under any other provision of the Vdho Is An Insured section (regardlessof any limitation applicablethereto). with respeetto any assumption of liability(of anotherperson or organization)by them in a contractor agreement_ This limitation does not apply to die liability for damages, loss, cost or expensefor injury or damage, to whichthis insurance applies,that the person or organization would have in the absence of such contract or agreement. Page I Liability Endorsement (cert#rt?ued) Under Conditions, the fbIlowingprovis-ion is added to the condition titled Other Insumnee. Conditions Ottrerinsurance— if you are obligated, pursuantto a contractor agtmuent,to provide the pcxson or organization Primary, , Ncmcctrttributory shown in die Schedule with primary insurance ax h as is afforded by this policy, then in such case Insurance _ Sched" this insuranceis primary and we will not seek contributionfrorn insurance available to such person Person Or Organization or organintion. 3�at: Sti=tviif�F±RSS@&i�a��f3.'.'.*�":�f9?4a.''+Yetis'."i�=§C�'.SZ�'i'ST1.YBv3: =YF�' f t•£if?{2.c%'�3lnry+4.waib�t'�E. '..C?4k�."^5i�£.d� Schedule WHEREREQU�D BY WRITTEN CONTRACT All other temis and conditions remain unchanged Authorizod Representatiuo Q, -.'. 1'o r-4 80-02-236i Page 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 Policv Number: WC 2 98343753 (Ed. 4-84) We have the right to recover our payments torn anyone liable for an injury covered by this policy. We vuill not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. (THIS ENDORSEMENT IS NOT APPLICABLE IN THE STATES OF CALIFORNIA, KENTUCKY, NEW HAMPSHIRE, NEW JERSEY, TEXAS AND UTAH.) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company WC 00 03 13 (Ed. 4-84) Premium $ Countersigned by Copyright 1983 National Council on Compensation Insurance. EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF C.EO URA 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 iAC'?f,'1.00b Date of Authorization PIMCore Wisconsin, Inc. d/b/a Game Time Name of Contractor Play Set Removals at Bell Memorial Park Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the forego' is true and correct. Exec (on Vr], 201nfi+ cid stat ignature 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 +. A7/ITADV 61't6 VTfr' GRit-II& Company ID Number: 131211 ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS) and PlayCore (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E -Verify). E -Verify is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form (Form I-9) has been completed. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF THE SSA 1. Upon completion of the Form 1-9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2. The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. The SSA agrees to safeguard the information provided by the Employer through the E - Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. Company ID Number: 131211 5. SSA agrees to establish a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY 1. Upon completion of the Form 1-9 by the employee and the Employer and after SSA verifies the accuracy of SSA records for aliens through E -Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct: • Automated verification checks on newly hired alien employees by electronic means, and • Photo verification checks (when available) on newly hired alien employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 3. DHS agrees to provide to the Employer a manual (the E -Verify Manual) containing instructions on E -Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E -Verify.. DHS agrees to provide training materials on E -Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E -Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, and U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E -Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act and federal criminal laws, and to ensure accurate wage reports to the SSA. 7. DHS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. Company ID Number: 131211 8. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E -Verify. The Employer agrees to become familiar with and comply with the E -Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E -Verify Tutorial before that individual initiates any queries. A. The employer agrees that all employer representatives will take the refresher tutorials initiated by the E -Verify program as a condition of continued use of E - Verify. B. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. 5. The Employer agrees to comply with established Form I-9 procedures, with two exceptions: If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2 (b) (1) (B)) can be presented during the Form I-9 process to establish identity). If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form I-766 (Employment Authorization Document) to complete the Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form I-9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form I-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E -Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, except for the following modified requirements applicable by reason of the Employer's participation in E - Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a Company ID Number: 131211 rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E -Verify ; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $500 and $1,000 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ any employee after receiving a final nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable under any law for any action taken in good faith on information provided through the confirmation system. DHS reserves the right to conduct Form I-9 compliance inspections during the course of E -Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E -Verify verification procedures within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form I-9 have been completed), and to complete as many (but only as many) steps of the E -Verify process as are necessary according to the E -Verify Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form I-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the the SSA verification response has been given. 8. The Employer agrees not to use E -Verify procedures for pre-employment screening of job applicants, support for any unlawful employment practice, or any other use not authorized by this MOU. The Employer must use E -Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E -Verify procedures for re - verification, or for employees hired before the date this MOU is in effect. The Employer understands that if the Employer uses E -Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1 (1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization, a tentative nonconfirmation, or the finding of Company ID Number: 131211 a photo non -match, does not mean, and should not be interpreted as, an indication that the employee is not work authorized. In any of the cases listed above, the employee must be provided the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer any adverse employment consequences until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match, then the Employer can find the employee is not work authorized and take the appropriate action. 11. The Employer agrees to comply with section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E -Verify, discharging or refusing to hire eligible employees because they appear or sound "foreign", and premature termination of employees based upon tentative nonconfirmations, and that any violation of the unfair immigration -related employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section 274B of the INA and the termination of its participation in E - Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-7688 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 13. The Employer agrees that it will use the information it receives from the SSA or DHS pursuant to E -Verify and this MOU only to confirm the employment eligibility of newly -hired employees after completion of the Form I-9. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a (i) (1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing E -Verify -related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E -Verify Program. In addition, for the purpose of evaluating E -Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees, to interview it regarding its experience with E -Verify, to interview employees hired during E -Verify use concerning their experience with the pilot, and to make employment and E -Verify related records available to DHS and the SSA, or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E -Verify. Company ID Number: 131211 ARTICLE III REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO THE SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal Government work days. The Employer will make a second inquiry to the SSA database using E -Verify procedures on the date that is 10 Federal Government work days after the date of the referral in order to obtain confirmation, or final nonconfirmation, unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY I . If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an alien who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when Company ID Number: 131211 the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact the Department through its toll-free hotline within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form I-551 or Form I- 766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non -match. ARTICLE IV SERVICE PROVISIONS The SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E -Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E -Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E -Verify through the use of mandatory refresher tutorials and updates to the E -Verify manual. Even Company ID Number: 131211 without changes to E -Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. The employer understands that the fact of its participation in E -Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E -Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act (FOIA). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify Operations at 888-464- 4218. Employer PlayCore Sadina Lance Name (Please type or print) Title Electronically Signed 06/25/2008 Signature Date Department of Homeland Security — Verification Division Company ID Number: 131211 USCIS Verification Division Name (Please type or print) Title Electronically Signed 06/25/2008 Signature Date Company ID Number: 131211 INFORMATION REQUIRED FOR THE E -VERIFY PROGRAM Information relating to your Company: Company Name: PlayCore Company Facility Address: 150 PlayCore Drive E-mail Address: Fort Payne, AL 35967 Company Alternate Address: P.O. Box 680121 Telephone Number: Fort Payne, AL 35968 County or Parish: DE KALB Employer Identification Number: 391720480 North American Industry (256) 845 - 5610 ext. 5256 Fax Number: (256) 997 - 5456 Classification Systems Code: 339 Parent Company: 100 to Number of Employees: 499 Number of Sites Verified for: 2 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State. ALABAMA I site(s) TENNESSEE 1 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Sadina Lance Telephone Number: (256) 845 - 5610 ext. 5363 Fax Number: (256) 997 - 5331 E-mail Address: slance@playcore.com Name: Sky Tidmore Telephone Number: (256) 845 - 5610 ext. 5473 Fax Number: (256) 997 - 5331 E-mail Address: stidmore@playcore.com Name: Michael A Love Telephone Number: (256) 845 - 5610 ext. 5256 Fax Number: (256) 997 - 5456 E-mail Address: mlove@playcore.com Company ID Number: 131211 EXHIBIT "E" SUBCONTRACTOR AFFIL AVR T STATE OF G ORGRA 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 PlayCore Wisconsin, htc. d/b/a Game Time. 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 perfonnance 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 undersi-ned subcontractor will forr-ard 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 front 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: 371312 I hereby declare under penalty of perjury that the foregoing eVerify Number is true and correct. 11/10/2010 Date of Authorization OUTDOOR CONSTRUCTION COMPANY Name of Subcontractor Plav Set Removals at Bell Memorial Park Name of Project City of Milton Name of Public Employer Executedon �� ; 201 � i _ �(St _L Signature f, prized Offic r or Agent 11 TERRY n . MILLER, SECRETARY Printed' atne and "Title of Authorized Officer or Agent SUBSCRIBEP AND SWORN BEF04 ME / ON THIS T DAYOF ,2OIL NOTA UBI. - - [NOTARY SEAL] Lori Robinson ""0`7 Pubiic Gwin,neq County, Georgia ""y Commission Expires May 26, 2 018 My Commission Expires: N HOME OF ' �-F'ON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2014 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Cambridge High School Wrestling Team Day. MEETING DATE: Monday, April 28, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES KNO CITY ATTORNEY REVIEW REQUIRED: O YES 0 NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: d Z S ! REMARKS ©youjM ? — *** PHONE: 678.242.2500 j FAX: 678.242.2499 -Green` v * a! ifi,d : info@cityofmiltonga.usf www.cityofmittonga.us Community >�Etyof 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'a` Cambridge High School Wrestling Team Day WHEREAS, The Cambridge High School men's varsity wrestling program is recognized and commended for outstanding achievement, and; WHEREAS, in 2012, Cambridge High School officially sanctioned wrestling as a high school sport, and; WHEREAS, the Cambridge High School varsity wrestling team has a tradition of excellence and accomplishment in academic and athletic competition reflecting the highest ideals of hard work, training and sportsmanship, and; WHEREAS, the varsity wrestling team crowned its first state champion, J.R. Salemi, in its inaugural year of 2012, and the team finished third in the 2012- 2013 AAAAA Region Championships, and; WHEREAS, the Cambridge varsity wrestling team won the Georgia High School 2013-2014 AAAAA State Championship and crowned three state champions who are J. R. Salemi, Brandon Filosi and Devin Kane as well as two runner-ups who are Will Britain and Malik McNeil, and; WHEREAS, the Cambridge varsity wrestling team was ranked first in the state and ended the 2012 season with a record of 19-3, outscoring their opponents 250 points to 143, and; WHEREAS, the players on the Cambridge High School varsity wrestling team are champions not only on the field, but also in the classroom, in the community and in life; we are proud that this great team is located in Milton, Georgia. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dedicate and proclaim April 28, 2014 as “Cambridge High School Wrestling Team Day” in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 28th day of April, 2014. _________________________________ Joe Lockwood, Mayor M HOME OF' -11FBF, �:' AL11Y OE', IN ,E "-iA' M1 LTO N*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2014 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Building Safety Month 2014. MEETING DATE: Monday, April 28, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: g APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 0 &/ Z gj 14 REMARKS () NOT APPROVED (XNO �NO {) NOT APPROVED ®v You®' ,,, '"= Gireen i Certified * lop to PHONE: 678.242.25001 fAX: 678.242.2499 � Community c`ry°l info@cltyofmiltonga.us I www.cityofmiltonga.us � % Eth; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ,.Ea' -Lb bA. 4: a BUILDING SAFETY MONTH MAY 2014 WHEREAS, our City’s continuing efforts to address the critical issues of safety, energy efficiency and sustainability in the built environment that affects our citizens, both in everyday life and in times of natural disaster, gives us confidence that our structures are safe and sound, and; WHEREAS, our confidence is achieved through the devotion of vigilant guardians - building safety and fire prevention officials, architects, engineers, builders, laborers and others i n the construction industry -who work year-round to ensure the safe construction of buildings, and; WHEREAS, the International Codes are the adopted building safety, energy and accessibility codes for the State of Georgia and are intended to safeguard the public from natural disasters such as hurricanes, tornadoes, earthquakes, and; WHEREAS, these guardians – dedicated members of the International Code Council – use a governmental consensus process that brings together local, state and federal officials with expertise in the built environment to create and implement the highest -quality codes to protect Americans in the buildings where we live, learn, work, worship, play, and; WHEREAS, Building Safety Month is sponsored by the International Code Council, International Code Council Foundation and the City of Milton, and; WHEREAS, Building Safety Month; “Building Safety: Maximizing Resilience, Minimizing Risks” the theme for Building Safety Month 2014, encourages all Americans to raise awareness of the importance of building safety and resilient construction, fire prevention, disaster mitigation, backyard safety, energy efficiency and new technologies in the construction industry. Building Safety Month 2014 encourages appropriate steps everyone can take to ensure that the places where we live, learn, work, worship and play are safe and sustainable, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies, and; WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider projects to improve building safety and sustainability at home and in the community and to acknowledge the essential service provided to all of us by local and state building departments and federal agencies in protecting lives and property. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim the month of May as Building Safety Month in the City of Milton and call this observance to the attention of all of our citizens. Given under my hand and seal of the City of Milton, Georgia on this 2 8th Day of April, 2014. _____________________________ Joe Lockwood, Mayor HOME OF ' HE BEST Q1,1A.11Y QJF l IFF IN GEU4GIA' Ml.tTON% F STA B L I S H F D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE. April 18, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 34, Section 24 of the Milton City Code Creating Parks and Recreation Fees and Other Charges MEETING DATE: Monday, April 28, 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: A YES O NO CITY ATTORNEY REVIEW REQUIRED: (( YES () NO APPROVAL BY CITY ATTORNEY APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: d T Z -a I `q �& � L REMARKS ® Your PHONE: 678.242.25001 FAX: 678.242.2499 r `Green~~4v ; certified info@cityofmiltonga.us I www.cityofmiltonga.us [ommunity �h u 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ""' '" o To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 17, 2014 for the April 28, 2014 and May 5, 2014 Regular Council Meetings Agenda Item: Consideration of an Ordinance to Amend Chapter 34, Section 24, of the Milton City Code Creating Parks and Recreation Fees and Other Charges ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Amendment to Chapter 34, Section 24, of the Milton City Code Creating Parks and Recreation Fees and Other Charges. Executive Summary: The City of Milton Parks and Recreation Department Fee Schedule was never created as an ordinance in the Milton City Code. This action will create a new section in Chapter 34 – Parks, Recreation and Cultural Affairs that will refer to Parks and Recreation Fees and Other Charges. Funding and Fiscal Impact: None Alternatives: If this ordinance is not accepted, we will not have a location in the Milton City Code to publish fees related to Parks and recreation. Our alternative is to relay the council’s input and revise this proposed ordinance. Legal Review: Ken Jarrard – Jarrard & Davis, April 17, 2014 Page 2 of 2 Concurrent Review: Chris Lagerbloom Attachment(s): 1) Ordinance –Chapter 34 Section 24 2) Text Amendment Section 34-24 STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE CREATING PARKS AND RECREATION FEES AND OTHER CHARGES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on May 5, 2014 at 6:00 p.m. as follows: SECTION 1. That Ordinance Chapter 34 Section 24, of the Milton City Code, relating to Parks and Recreation, is hereby amended to include the following with respect to fees and other charges: The City Council for the City of Milton does hereby authorize and approve the assessing and collection of certain fees and charges for access and use of City-owned or controlled parks, recreational fields and cultural amenities, in accordance with that schedule of fees approved and appended to Appendix A to the Milton Code of Ordinances, as such Appendix may be amended from time to time. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 5th day of May, 2014. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) SEC. 34-24. PARKS AND RECREATION FEES AND OTHER CHARGES. See Appendix A of the Milton City Code, as it relates to Parks and Recreation Fees and Other Charges. 0 HOME OF ' ESTABL.ISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 18, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code MEETING DATE: Monday, April 28, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED:) YES O NO APPROVAL BY CITY ATTORNEY O APPROVED () NOT APPROVED PLACED ON AGENDA FOR: Q q Zg t 4 REMARKS ®.Your *** -,Green Vt ��n,f,�a PHONE: 678.242.2500 FAX: 678.242.2499 Community h0 info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "' e To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 17, 2014 for the April 28, 2014 and May 5, 2014 Regular Council Meetings Agenda Item: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Amendment to Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code Executive Summary: The City of Milton Parks and Recreation Department Fee Schedule was last reviewed three years ago. Since that time, changes in programming, events and policies have occurred which calls for an update to the schedule. Programs no longer offered by the City Of Milton have been deleted along with fees associated with sponsorship of Special Events. There is one price increase. Camp Joyful Soles is proposed to go from $125/week to $175/week. The cost increase will help offset the costs of delivering the program. The entire fee schedule was reviewed by the Parks and Recreation Advisory Board and they voted unanimously to recommend approval of this fee schedule. Funding and Fiscal Impact: None Alternatives: If this fee schedule is not adopted, our alternative is to relay the council’s input and return to the PRAB to revise the fee structure. Page 2 of 2 Legal Review: Ken Jarrard – Jarrard & Davis, April 17, 2014 Concurrent Review: Chris Lagerbloom Attachment(s): 1) Ordinance – Appendix A Chapter 34 Section 24 2) Chapter 34 - Table of Fees and Charges STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, PARKS AND RECREATION FEES AND OTHER CHARGES, CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on May 5, 2014 at 6:00 p.m. does hereby ratify and approve the following Ordinance: SECTION 1. Pursuant to that authorization in Chapter 34, Section 24 of the Milton Code, Appendix A of the Milton Code is hereby amended to include a table of fees and charges that may be assessed and collected for access and use of City-owned or controlled parks, recreational fields and cultural amenities, with the schedule of said fees and charges as set forth in Exhibit A to this Ordinance. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 5th day of May, 2014. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) EXHIBIT A Chapter 34 -- Parks, Recreation and Cultural Affairs 34-24 (a) (1) Field rental rates at Bell Memorial Park - Milton Citizen Rate One Field for two hours without lights $25.00 per hour 34-24 (a) (2) Field rental rates at Bell Memorial Park - Milton Citizen Rate One Field for two hours with lights $37.50 per hour 34-24 (a) (3) Field rental rates at Bell Memorial Park - Milton Citizen Rate Field preparation - dragging and lining $75.00 34-24 (a) (4) Field rental rates at Bell Memorial Park - Milton Citizen Rate Refundable Security Deposit $100.00 34-24 (a) (5) Field rental rates at Bell Memorial Park - Milton Citizen Rate One Field for a Day without lights $175.00 34-24 (a) (6) Field rental rates at Bell Memorial Park - Milton Citizen Rate One Field for a Day with lights $225.00 34-24 (a) (7) Field rental rates at Bell Memorial Park - Milton Citizen Rate For a Special Event for a Day $500.00 34-24 (b) (1) Facility rental rates at Bethwell Community Center - Milton Citizen Rate Rentals offered in a minimum of three hours $40.00 per hour 34-24 (b) (2) Facility rental rates at Bethwell Community Center - Milton Citizen Rate Refundable Cleaning Deposit $50.00 34-24 (b) (3) Facility rental rates at Bethwell Community Center - Milton Citizen Rate Rental for a Day $300.00 34-24 (b) (4) Facility rental rates at Friendship Community Park Pavilion Only - Milton Citizen Rate Rentals offered in a minimum of two hours $10.00 per hour 34-24 (c) (1) Camp Joyful Soles Registration Fee per week $175.00 34-24 (c) (2) Camp Joyful Soles Non-refundable, Non-transferable Deposit per week $50.00 34-24 (d) Administrative Fee Approved Refunds/Cancellations $15.00 EXHIBIT A 34-24 (e) Employee Discount City of Milton employees may receive a discount on City of Milton directly offered programs (Does not apply to programs offered through Independent Contractors) 50% off of the City of Milton Resident rate 34-24 (f) Corporate Rate Milton based businesses 20% increase over City of Milton Resident rate 34-24 (g) Non-Resident Rate Applies to all individuals and businesses not based in Milton 50% increase over City of Milton Resident rate 34-24 (h) Independent Contractor Commissions At the discretion of the Parks ands Recreation Director based upon services provided and fees charged No less than 10% and no more than 30% HOME OF ESTA[Il_1S1-1E[7) 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 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: Monday, April 28, 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 k NO CITY ATTORNEY REVIEW REQUIRED: k) YES O NO APPROVAL BY CITY ATTORNEY APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 0 4 Z 0 I q REMARKS 4 �pu.vG, L OFFiGi �-r�.y a Your PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 f,1Jr �7�2/9ty - Green ; Certified Community a 0 I' r Mr. Joe Lockwood, Mayor VIA Hand Delivery March 27, 2014 City of Milton Dear Mayor Lockwood: In January of this year I submitted to the City of Milton a quit claim deed and a warranty deed transferring to the City of Milton a parcel of land designated as "44 Foot Road Reservation" on the final Arcaro Subdivision Plat. I understand no official action to accept those deeds has been taken by the City of Milton so I hereby rescind the grant of these deeds to the City of Milton and declare that action null and void. will soon be filing a new subdivision plat transferring this land to the adjoining Iot owners. Do not hesitate to contact me if you have any questions. Sincerely Richard C Wernick CEO, Land SelluVons, Inc Manager, LSi-Triple Crown, LLC Phone: 770.527.3286 Cc: Paul N. Higbee, Jr_ Jarrard & Davis, LLP, City Attorney, City of Milton Cc: Chris Lagerbloom, City Manager, City of Milton Cc: Carter Lucas, Director of Public Works, City of Milton HOME OF' ESTAIiLISi3ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2014 FROM: City Manager AGENDA ITEM: Consideration of the First Amendment to that Intergovernmental Agreement for the Provision of 911 Emergency Communication Services and GCIC Information Services between the City of Alpharetta, Georgia and the City of Milton, Georgia. MEETING DATE: Monday, April 28, 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: AYES () NO CITY ATTORNEY REVIEW REQUIRED: )( YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR REMARKS ® your �_ %4t Green CertifiedPHONE: 678.242.2500 1 FAX: 678.242.2499 info@cityofmiltonga.us www.cityafmiltonga.us Community Ethi° .f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 . CERTlFIEP BRONZE a� To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 26, 2014 for the April 28, 2014 Regular Council Meeting Agenda Item: Consideration of the First Amendment to that Intergovernmental Agreement for the Provision of 911 Emergency Communication Services and GCIC Information Services between the City of Alpharetta, Georgia and the City of Milton, Georgia Department Recommendation: Staff recommends approval of the amendment. Executive Summary: The current compensation method for 911 emergency communications services is a census-based cost allocation between the two cities. Revenues from 911 wireless fee collections are used to offset the expense and were initially more than adequate to cover the cost. However, with the 2010 census, the cost allocation changed to the point where costs exceed annual revenue collections and have started to deplete fund balance in the E911 Fund. The City of Alpharetta has agreed to change the compensation structure to one where Milton simply tenders the revenues we collect from 911 wireless fees. This IGA amendment will be presented to Alpharetta’s City Council on April 21, 2014 for approval. Funding and Fiscal Impact: The financial impact of the current agreement is estimated to be a $300,000 deficit and the proposed amendment would essentially be a wash (revenues equal expenditures). Alternatives: Leave the current agreement in place and prepare to supplement the service with the General Fund. Legal Review: Ken Jarrard (approved via email on 3/6/14) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Intergovernmental Agreement Amendment FIRST AMENDMENT TO THAT INTERGOVERNMENTAL AGREEEMENT FOR THE PROVISION OF 911 EMERGENCY COMMMUNICATION SERVICES AND GCIC INFORMATION SERVICES between THE CITY OF ALPHARETTA, GEORGIA and THE CITY OF MILTON, GEORGIA _________________________________________________________________________ WHEREAS, on July 21, 2008, the City of Alpharetta, Georgia ("Alpharetta") and the City of Milton, Georgia ("Milton") entered into that Intergovernmental Agreement for the Provision of 911 Emergency Communication Services and GCIC Information Services between The City of Alpharetta, Georgia and The City of Milton, Georgia (with Alpharetta and Milton hereby collectively referred to as "the Cities") (the Intergovernmental Agreement shall hereinafter be referred to as the "IGA"); WHEREAS, a true and correct copy of the IGA is attached hereto and incorporated herein as Exhibit "A;" WHEREAS, the Cities wish to amend Article 4, Compensation and Consideration, of the IGA to effectuate a more optimal funding of the Cities' consolidated Emergency 911 System and those related public safety radio dispatch services; and, WHEREAS, the Cities desire to reaffirm and ratify the remainder of the IGA. NOW THEREFORE, based upon the exchange of good and valuable consideration, the receipt and sufficiency of which is acknowledged by the signatures below, the Cities do hereby agree to the following: 1. Article 4 of the IGA shall stand stricken in its entirety, with the following new Article 4 inserted in its place: ARTICLE 4 COMPENSATION AND CONSIDERATION 4.1 In order to compensate Alpharetta for the performance of its services under this Agreement, Milton shall tender to Alpharetta those 9-1-1 fees collected by Milton under the authority of the Georgia Emergency Telephone Number 9-1-1 Service Act of 1977, O.C.G.A. 46-5-120, et. seq. (the "fees"). This shall include fees collected for traditional 9-1-1 service, wireless 9-1-1 service, enhanced 9-1-1 service, Voice over IP, and prepaid wireless; 4.2 Milton shall tender such collected fees to Alpharetta on a quarterly basis beginning April 1, 2014, and continuing on a quarterly basis thereafter (July 1, October 1, and January 1). The Cities agree that fees tendered by Milton to Alpharetta for the period of July 1, 2013 through March 31, 2014 will be retained by Alpharetta for the purposes stated in this IGA; 4.3 Milton shall have an obligation to collect the fees, and shall further have an obligation to ensure that it follows all legal requirements and obligations necessary to lawfully collect the fees, to include any enhanced or expanded fees that the General Assembly may authorize; 4.4 Payment to Alpharetta as set forth in section 4.1 shall constitute Milton's sole compensation obligation for Alpharetta's performance of services under the Agreement. For capital expansion/service improvement projects that are not fully funded within the payment structure set forth in section 4.1, the Cities agree to work jointly on an equitable funding arrangement utilizing available fund balance within each city’s Emergency-911 Fund; 4.5 Alpharetta shall provide to Milton, on an annual basis, documentation establishing the costs to provide the services under the Agreement, with sufficient detail included to demonstrate the percentage of those total costs for which Milton is directly funding; and 4.6. No less than within 12 months following each decennial census, the Cities shall undertake an audit of 911 services provided pursuant to this Agreement, and the cost of same, for purposes of determining whether those fees collected by the Cities are in rough proportion to the services being provided such that any reasonable and necessary adjustments in fee collection may be determined. 2. In providing the services under this amended Agreement, Alpharetta shall comply with the E-verify requirements under O.C.G.A. 13-10-90, et. seq.; and Title VI of the Civil Rights Act of 1964. 3. All other provisions of the IGA, except as specifically modified above, are hereby ratified and affirmed. IN WITNESS WHEREOF, the Alpharetta and Milton have executed this Amendment through their duly authorized officers on this _______ day of ____________________, 2013. ALPHARETTA, GEORGIA ATTEST: ________________________________ David Belle Isle Mayor ________________________________ Lyn Kennedy Assistant City Clerk Approved as to Form: ________________________________ C. Sam Thomas, Esq. City Attorney ________________________________ Robert J. Regus City Administrator MILTON, GEORGIA ________________________________ Joe Lockwood Mayor ________________________________ Sudie AM Gordon City Clerk Approved as to Form: ________________________________ Ken E. Jarrard, Esq. City Attorney ________________________________ Chris Lagerbloom City Manager INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF 911 EMERGENCY COMMUNICATIONS SERVICES AND GCIC INFORMATION SERVICES between THE CITY OF ALPHARETTA, GEORGIA and THE CITY OF MILTON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), by and between the City of Alpharetta, Georgia ("Alpharetta") and the City of Milton, Georgia ("Milton") entered into this -41_ day of 7-%A t-4 , 2008. WHEREAS, Alpharetta and Milton desire to enter into this Agreement for Alpharetta to provide a public safety answering point within the boundaries of Milton for a period of ten (10) years beginning October 1, 2008; and WHEREAS, this Agreement establishes the cost of Emergency 911 System and public safety radio dispatch services to be provided by Alpharetta to Milton pursuant to this Agreement; and WHEREAS, Alpharetta and Milton desire to maintain a mutually beneficial, efficient and cooperative relationship that will promote the interests of the citizens of both jurisdictions; and WHEREAS, both Alpharetta and Milton have authorized the execution of this Agreement through appropriate Resolutions adopted by their respective governing bodies. NOW THEREFORE, in consideration of the following mutual obligations, Alpharetta and Milton agree as follows: ARTICLE 1 PURPOSE AND INTENT 1.1 The purpose of this Agreement is to provide the vital and necessary communications link between Milton's citizens and Alpharetta's Emergency Dispatch Center for a period of ten (10) years, commencing October 1, 2008 at 0000 hours and concluding at 2400 hours on September 30, 2018. 1.2 Alpharetta therefore agrees to provide Milton with courteous, efficient, and accessible Emergency Communications Service in response to requests for assistance from within the corporate boundaries of Milton involving emergencies, non -emergencies, and responses to natural and man-made disasters, for the term prescribed in this Agreement, consistent with the overall quality of services provided throughout Alpharetta. Alpharetta also agrees to provide Milton with Georgia Crime Information Center (GCIC) services as described in Exhibit "A" to this Agreement, and upon execution of this Agreement, that existing agreement for GCIC services between Milton and Alpharetta dated April 16, 2007 shall be terminated and entirely superseded by this Agreement. ARTICLE 2 DEFINITIONS For the purposes of this Agreement, the following terms shall be defined as: 2.1 Call -For -Service means a request received from any person through Alpharetta's Emergency Dispatch Center , Emergency 911 System, requiring emergency or non -emergency Police Department, Fire Department, or ambulance/medical ("EMS") pre -hospital care response or assistance in response to natural and man-made incidents. 2.2 Communications Officer means any employee of the Alpharetta Department of Public Safety, who has successfully completed the basic training course required by O.C.G.A. § 35-8-23, to receive, process, or transmit public safety information and dispatch law enforcement officers, firefighters, EMS personnel, or emergency management personnel. 2.3 Emergency Communications Services means the receipt and processing of incoming calls -for -service through the Emergency 911 System for emergency and non emergency requests for EMS, police, fire and other public safety services, and initiation of the appropriate response action. The service also includes the coordination of requests for support and auxiliary services from Milton field units and refers crimes and incidents not requiring an on -scene investigation by a field unit to the appropriate police precinct or agency. This is considered the vital and necessary communications link between citizens and the Alpharetta Emergency Dispatch Center through consolidated, Enhanced 911 call reception and radio dispatching of requests for public safety services. The Countywide 800 MHz trunked radio system) is the primary method of dispatching calls for service to Milton field units and any contracted private EMS services dispatched through the Emergency Dispatch Center. This public safety answering point provides oversight of any private contracted EMS services which deliver pre -hospital emergency medical care to citizens. 2.4 Emergency Dispatch Center means that unit of Alpharetta government, including the PSAP and Emergency Medical Priority Dispatch System, responsible for emergency communications services, including answering all Calls -For -Services for emergency service and dispatching police, fire and EMS vehicles to the proper locations. 2.5 Emergency Medical Priority Dispatch System means that system employed by Alpharetta to process EMS Calls -For -Service and provide callers with pre -arrival instructions. 2.6 Emergency 911 System means that system, as contemplated by Title 46, Chapter 5, Part 4 of the O.C.G.A., which provides Alpharetta Emergency Communications Officers the telephone number, name and address of the telephone subscriber, and other pertinent 911 and wireless enhanced 911 information on any Call -For -Service. Page 2 of 14 2.7 Fire Department means the Milton Fire Department. 2.8 Police Department means the Milton Police Department. 2.9 Public Safety Answering Point ("PSAP') means an emergency communications dispatch operation, responsible for answering all telephone Calls -For -Services, and employing technologies such as trunked radio, Wireless Enhanced 911, Computer Aided Dispatch ("CAD") and Mobile Data to provide appropriate responses to Calls -For -Service. ARTICLE 3 TERM OF AGREEMENT The term of this Agreement is for ten (10) years, commencing October 1, 2008 at 0000 hours and concluding at 2400 hours on September 30, 2018. At the conclusion of this term, each party will be solely responsible for providing all public safety answering point services within its respective boundaries, unless this Agreement is extended by mutual Agreement approved by the governing bodies of both parties. Additionally, either party may terminate this Agreement upon the provision to the other party of at least eighteen (18) months prior written notice of termination. ARTICLE 4 COMPENSATION AND CONSIDERATION 4.1 In order to compensate Alpharetta for the performance of its services under this Agreement, Milton shall pay a share (as hereinafter set forth) of Alpharetta's annual fiscal year (July 1 - June 30) operational and capital budget for the operation of the Emergency Dispatch Center plus Alpharetta's annual indirect costs in connection with this Agreement. Milton's share of the annual fiscal year budget shall be based upon its percentage of population in relation to Alpharetta's population. For the purpose of this Agreement, the parties stipulate and agree that based upon current population, Milton's share is 25%. This percentage shall be adjusted based upon the final census figures for 2010. The adjustment shall be made for the first fiscal year following the publication of the final census figures. Milton's payments shall be made on a quarterly basis beginning October 1, 2008, and continuing on a quarterly basis thereafter (January 1, April 1, July 1). By way of example, Alpharetta's budget for the current 2009 fiscal year is $2,377,261.00, which includes an operating budget of $1,877,261.00 and capital budget of $500,000.00. Milton's 25% share of the annual fiscal budget would be $594,315.00, but prorated for the nine- month period for a total of $445,736.00, which is a quarterly payment amount of $148,578.00. In addition, Alpharetta's indirect costs for fiscal year 2009 are $22,251.00, of which Milton would be responsible for a nine-month prorated amount of $16,688.00 payable with the October 1 installment. Therefore, the October 1, 2008 installment would be $165,266.00 ($148,578.00 plus $16,668.00), the January 1 installment would be $148,578.00 and the April 1 installment would be $148,578.00. However, as an accommodation to Milton, Alpharetta has agreed to allow Milton to pay its 25% share of the fiscal year 2009 capital budget ($125,000.00) in five (5) Page 3 of 14 consecutive annual installments of $25,000.00, beginning on October 1, 2008 and continuing on the first day of October each year thereafter until paid in full on October 1, 2012. Therefore, based upon this adjustment, the payment due from Milton on October 1, 2008 would be $159,017.00 (consisting of one-third of Milton's 25% prorated share of the fiscal year 2009 annual operating budget, $25,000.00 for the first capital installment, and $16,688.00 for the indirect costs. The January 1 payment is $117,329.00 and the April 1 payment is $117,329.00. At the end of each fiscal year, if any budgeted amounts have not been expended, Alpharetta will refund Milton's share or credit such share to Milton's next quarterly payment. For the first year only under this Agreement, the parties stipulate and agree that Milton's October 1, 2008 quarterly payment shall be timely if made on or before November 1, 2008. For each subsequent fiscal year under this Agreement, Alpharetta shall, at least thirty (30) days prior to July 1, provide to Milton the estimated annual fiscal budget for the Emergency Dispatch Center and Alpharetta's calculated indirect costs for the ensuing fiscal year. Milton shall pay its 25% share of each annual budget in quarterly installments beginning July 1 of each such subsequent year. Each October 1 installment shall also include payment for Alpharetta's indirect costs for the applicable fiscal year. Alpharetta certifies that all funds paid to Alpharetta pursuant to this Article 4 shall be utilized only for the purposes provided in this Agreement or as permitted by applicable law. ARTICLE 5 EMERGENCY COMMUNICATIONS SERVICES 5.1 Alpharetta operates a consolidated public safety answering point in its Emergency Dispatch Center on a 24-hour basis, 365 days per year, staffed in four 12 -hour alternating shifts. The Communications Officers receive citizens' requests for service, process those requests, dispatch emergency units as appropriate, and monitor Police, Fire and EMS activities. The Emergency Medical Priority Dispatch System is employed to process medical calls and provide callers with pre -arrival instructions. The resources of the Emergency Dispatch Center shall be made available to receive and process Calls -For -Service from within Milton, and to otherwise provide Emergency Communications Services for Milton, consistent with the overall quality of services provided throughout Alpharetta. 5.2 The wide-ranging (both emergency and non -emergency), continuous and multitudinous nature of the calls received by a large metropolitan PSAP like Alpharetta's Emergency Dispatch Center, makes it difficult to assign an "average call answer time." In order to establish a reasonable customer service standard, it is hereby declared to be the objective of the Alpharetta Emergency Dispatch Center to respond on average to 6,000 Calls -For -Services per month emanating from the City of Milton, with an average 10 second call answer time for emergency calls -for -service 90% of the time. Services on life threatening calls -for -service will be dispatched within 90 seconds of receipt 90% of the time. Exceptions would be unpredictable system overload, declared disaster, or disruption in voice or data transmission. ARTICLE 6 EMPLOYMENT STATUS Page 4 of 14 6.1 All emergency communications officers, as well as any other Alpharetta personnel assigned under this Agreement, are and will continue to be employees of the City of Alpharetta for all purposes, including but not limited to: duties and responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training, workers compensation and disciplinary functions. All emergency communications employees will continue to report under the management structure established in the Alpharetta Department of Public Safety. 6.2 In the event the Milton Public Safety Director becomes dissatisfied with the performance of any sworn or civilian personnel performing emergency communications services on behalf of Milton, the Milton Public Safety Director shall discuss the concerns with the Alpharetta Public Safety Director. ARTICLE 7 RECORDKEEPING AND REPORTING 7.1 The Alpharetta Department of Public Safety Records Section is the central repository for all records pertaining to emergency dispatch and shall make available public records as defined by the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq. during the term of this Agreement. 7.2 The Alpharetta Public Safety Director, or his/her designee, shall prepare and deliver monthly written reports to the Milton Public Safety Director. The reports shall describe, regarding the prior month, the volume of Calls -For --Service, identification of police, fire or EMS response, and answer speed for calls originating from within the City of Milton. 7.3 Except as limited by any provision of state or federal law, Milton may request, review and access data and Alpharetta records, at a mutually agreed upon time, to ensure compliance with this Agreement. ARTICLE 8 ANCILLARY SERVICES 8.1 Alpharetta must provide a variety of ancillary services incumbent on a large metropolitan public safety answering point. These services will be provided to Milton pursuant to this Agreement, the consideration for which has been calculated as part of the payment provided in Article 4, and shall include technical operations, administration, quality assurance and training, cost allocation, facilities maintenance, fiscal management, general operating supplies, human resources, information systems, maintenance, public information, purchasing, utilities and other critical services attendant to the operation of a public safety answering point. ARTICLE 9 ALPHARETTA-MILTON RELATIONS Page 5 of 14 9.1 The Alpharetta Public Safety Director, or his designee, will notify the Milton Public Safety Director in the event of a significant emergency communications or emergency management situation within Alpharetta. The Alpharetta and Milton Public Safety Directors shall designate the kinds of incidents that are to be considered "significant" by a joint memorandum and shall also designate priorities for services to be provided under this Agreement. In the event no memorandum is executed, the Milton Public Safety Director shall be notified of significant emergency communications or emergency management situations consistent with the notification provided by the Alpharetta Emergency Dispatch Center to the Alpharetta Public Safety Director. 9.2 Alpharetta shall be the sole provider of public safety answering point services during the operation of this Agreement. ARTICLE 10 TRANSITION 10.1 In the event of the termination or expiration of this Agreement, Alpharetta and Milton shall cooperate in good faith in order to effectuate a smooth and harmonious transition and maintain the same high quality of Emergency Communications Services provided by Alpharetta pursuant to this Agreement for the residents, businesses and visitors of Alpharetta and Milton. 10.2 The Alpharetta Public Safety Director or his/her designee shall present a summary report to the Milton City Council within 60 days of the conclusion of this Agreement to facilitate the transition to Milton's new PSAP. 10.3 Alpharetta and Milton agree that 90 days prior to expiration of this Agreement, the Alpharetta Public Safety Director and the Milton Public Safety Director will meet and confer to effect a smooth transition. ARTICLE 11 INDEMNIFICATION 11.1 It is the intent of the parties to be covered under the auspices of the immunity granted by O.C.G.A. §46-5-131. Only to the extent permitted by law and in the event O.C.G.A. §46-5-131 is deemed inapplicable, shall Milton defend, indemnify and hold harmless Alpharetta and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which Alpharetta or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by Milton, its employees, officers and agents. Alpharetta shall promptly notify Milton of each claim, assert all statutory defenses, cooperate with Milton in the defense and resolution of each claim and not settle or otherwise dispose of the claim without Milton's participation. 11.2 It is the intent of the parties to be covered under the auspices of the immunity granted by O.C.G.A. §46-5-131. Only to the extent permitted by law and in the event O.C.G.A. Page 6 of 14 §46-5-131 is deemed inapplicable, shall Alpharetta defend, indemnify and hold harmless Milton and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which Milton or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by Alpharetta, its employees, officers, and agents. Milton shall promptly notify Alpharetta of each claim, assert all statutory defenses, cooperate with Alpharetta in the defense and resolution of each claim and not settle or otherwise dispose of the claim without Alpharetta's participation. 11.3 The immunity and indemnification provisions of this Agreement shall survive termination of this Agreement for any claims that may be filed after the termination date of the Agreement provided the claims are based upon actions that occurred during the performance of this Agreement. ARTICLE 12 EVENT OF DEFAULT 12.1 An event of default shall mean a material breach of this Agreement by Alpharetta as follows: 12.1.1 Alpharetta repeatedly disregards local priorities established in the memorandum contemplated in Section 9.1. 12.1.2 Alpharetta does not maintain sufficient personnel in the Emergency Dispatch Center to properly service the volume of Milton Calls -For -Services as required by and in conformance with Article 5. 12.1.3 Alpharetta consistently fails to meet the levels of service outlined in Article 5, which failure has been communicated in writing by action of the Milton City Council to the Alpharetta City Council on more than one occasion. 12.2 An event of default shall mean a material breach of this Agreement by Milton as follows: 12.2.1 Failure of Milton to timely pay the compensation referred to in Article 3 ARTICLE 13 TERMINATION AND REMEDIES 13.1 Alpharetta or Milton may terminate this Agreement for an event of default, or as outlined in Article 3, Term of Agreement, unless the default is cured as provided in this article. 13.2 If an event of default occurs, in the determination of Milton, Milton shall notify Alpharetta in writing, specify the basis for the default and advise Alpharetta that the default must be cured to Milton's reasonable satisfaction within a 60 -day period. Milton may grant additional time to cure the default, as Milton may deem appropriate, without waiver of any of Milton's Page 7 of 14 rights, so long as Alpharetta has commenced curing the default and is effectuating a cure with diligence and continuity during the 60 -day period, or any longer period which Milton prescribes. 13.3 If an event of default occurs, in the determination of Alpharetta, Alpharetta may notify Milton in writing, specify the basis for the default and advise Milton that the default must be cured to Alpharetta's reasonable satisfaction within a 60 -day period; except that for events of default related to the payment of fees, the cure period is reduced to 30 days. Alpharetta may grant additional time to cure the default, as Alpharetta may deem appropriate, without waiver of any of Alpharetta's rights, so long as Milton has commenced curing the default and is effectuating a cure with diligence and continuity during the 60 -day period (30 days for payments) or any longer period which Alpharetta prescribes. 13.4 In the event that either party breaches a material term or condition of this Agreement, other than an event of default, the party in breach, upon receipt of a written request from the non -breaching party, shall remedy the breach within 30 days of receipt of the request. If the breach is not cured within the specified time period, the non -breaching party may utilize the remedies of declaratory judgment, specific performance, mandamus or injunctive relief to compel the breaching party to remedy the breach. 13.5 The parties reserve all available remedies afforded by law to enforce any term or condition of this Agreement. ARTICLE 14 AMENDMENTS This Agreement may be modified at any time during the term by mutual written consent of both parties. ARTICLE 15 NOTICES All required notices shall be given by first class mail, except that any notice of termination shall be mailed via U.S. Mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: If to the City of Alpharetta: Robert J. Regus, City Administrator 2 South Main Street Alpharetta, Georgia 30004 678-297-6000 Page 8 of 14 With a copy to: C. Sam Thomas, City Attorney 2 South Main Street Alpharetta, Georgia 30004 678-297-6000 If to the City of Milton: Billy Beckett, City Manager 13000 Deerfield Parkway, Suite 107A Milton, Georgia 30004 678-242-2500 With a copy to: Jarrard and Davis, LLP Attention: Ken E. Jarrard and Angela E. Davis, City Attorneys 105 Pilgrim Village Drive, Suite 200 Cumming, Georgia 30040 678-455-7150 ARTICLE 16 NON -ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. ARTICLE 17 ENTIRE AGREEMENT The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. Page 9 of 14 ARTICLE 18 SEVERABILITY If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. ARTICLE 19 BINDING EFFECT This Agreement shall insure to the benefit of, and be binding upon, the respective parties' successors. ARTICLE 20 COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 10 of 14 IN WITNESS WHEREOF, the Alpharetta and Milton have executed this Amendment through their duly authorized officers on the day and year first above written. ALPHARETTA, GEORGIA ATTEST: Arthur Letchas Sue Rainwater Mayor City Clerk (SEAL) Approved as to Form: C. Sam Thomas, Esq. City Attorney MILTON, GEORGIA Joe Lockw64 Mayor Approved as to Form: a#, 9 Q, Robert J. Regus City Administrator oatte Marchiafava rk (SEAL) Billy Beckett City Manager Page 11 of 14 EXHIBIT "A" GCIC SERVICES Requesting Criminal History Record Information In accordance with federal regulations, NCIC policy and the Alpharetta Department of Public Safety User's Agreement, all requests for CHRI are made using a criminal justice agency Originating Agency Identifier (ORI). When Milton requests CHRI for the administration of criminal justice (PUR/ C), Milton shall provide a warrant number, case number, citation number, "EF" number, arrest/booking number, system record number, docket number or other significant number leading to the case file or investigation. Failure to provide such a required number shall result in denial of the request and notification to the GCIC Chief of Staff of a potential violation of O.C.G.A. § 16-9-90. When Milton requests CHRI for criminal justice employment (PUR/J) or other authorized purposes (PUR/E, M, N, W), Milton shall provide a copy of the fingerprint card or the signed consent form. Failure to provide either document shall result in the denial of the request and notification to the GCIC Chief of Staff of a potential violation of O.C.G.A. §16-9-90. Requesting Vehicle Registration/Title, Driver History and Other Information via the CJIS Network, NLETS or NCIC All requests for information received over the law enforcement radio network(s) monitored by Alpharetta shall be honored and the requested information shall be provided as soon as possible. If the requesting officer, prior to the end of the shift on which it was requested, does not claim hard copies of the terminal printouts, the printouts shall be shredded. Telephonic requests shall be honored if the operator can identify the person making the request. If the operator is unsure of the requester, the operator shall ask the requester to provide their agency's ORI then telephone that agency to ensure the requester is authorized to receive said information. If the person is authorized to receive the information, the operator shall make the request using the ORI of Alpharetta. If the person is not authorized to receive the information, the operator will not request the information and will notify his or her supervisor. The supervisor shall be responsible for notifying the GCIC Chief of Staff of a potential security violation. Making Record Entries, Modifications and Supplemental Record Entries The ORI of Alpharetta shall be used to make all requested record entries when it receives a warrant or a complete incident report from Milton. The only exception to this requirement is when Milton requests the entry of a missing juvenile, a fleeing felon, felony vehicle or a missing ALZHEIMER'S afflicted adult. Requests for these types of entries shall be accepted telephonically. Supporting documentation shall be faxed or delivered as soon as it is available. If the supporting documentation is not received within 48 hours, the record entry(s) shall be canceled. Alpharetta shall use the warrant or complete incident report to code the GCIC/NCIC worksheet prior to entering the record. Alpharetta for wanted and missing person record entries shall inquire against the GCIC and NCIC criminal history files (using the ORI of Milton). Milton Page 12 of 14 shall indicate the limits of extradition on the face of the warrant. All additional personal descriptors shall be added to the GCIC/NCIC worksheet and included in the record entry or added to the record entry using the Supplemental Record Entry format. When all available information has been added to the record entry, an inquiry shall be made against the record entry. Another person in Alpharetta shall check the inquiry response for completeness and accuracy. Copies of the GCIC/NCIC worksheet and all terminal printouts shall be returned to Milton. The worksheets and printouts are to be placed in the case files and are subject to review by GCIC and NCIC Auditors. Requests for Modifying, Clearing and Canceling Record Entries When Milton requests that a record entry be modified, cleared or canceled it must provide a supplemental report to Alpharetta. The record will only be modified, cleared or canceled when the supplemental report has been received. Copies of all terminal printouts shall be given to Milton when the requested function has been completed. The originals shall be retained in the files maintained by Alpharetta. Requesting "HIT" Confirmation When Alpharetta receives a "HIT" on a record inquired upon as the result of a request from Milton, a request for "HIT" confirmation message (YQ format) shall be sent. Milton must inform Alpharetta if the request is PRIORITY (10 minute response) or ROUTINE (one hour response). As soon as this information is received, the request for "HIT" confirmation shall be transmitted using the ORI of Alpharetta. As soon as the response to the request for "HIT" confirmation is received, it shall be transmitted to the officer. Respondingto o Requests for "HIT" Confirmation When Alpharetta receives a request for "HIT" confirmation, the on -duty operator shall locate the active file and compare all data elements against the data in the YQ message. If all data elements match, Alpharetta shall respond to the YQ message using a YR message entered using the ORI of Alpharetta and confirm that the record inquired on is a valid record entry based upon the records maintained by Alpharetta. Milton shall be notified that Alpharetta has confirmed a "HIT" on one of its record entries. If a Locate Message is received, Alpharetta shall clear the record entry using its ORI in the clear transaction. If no Locate Message is received within one hour Alpharetta shall send a Failure to Locate Message to GCIC's ICDC and the agency that failed to "Locate" the record entry after it was confirmed. Alpharetta using its ORI, shall "Clear" the record entry. Copies of all terminal printouts shall be given to Milton. The original terminal printouts shall be retained in the files of Alpharetta. Validation of Record Entries All record entries are to be validated 90 days after entry; and, then every 12 months in accordance with the file retention schedule established by NCIC. It is the exclusive Page 13 of 14 responsibility of Milton to validate all record entries made on its behalf by Alpharetta, in accordance with the validation steps established by GCIC and NCIC. Alpharetta shall assist Milton in inquiring against the state and national criminal history files, using the ORI of Milton and name of the Milton Terminal Agency Coordinator in the Attention [ATNJ field. The System Record Number (SRN) from the record entry being validated shall be used in the Agency Reference Number (ARN) field. Alpharetta shall further assist in the validation process by participating in the On -Line Validation program for records entered for Milton, by acknowledging receipt of the monthly validation package and affirming the validity of the record entries listed on the monthly validation printout when Milton affirms, in writing, the validity of all record entries listed on the monthly printout. This affirmation shall be on the official letterhead of Milton's Department of Public Safety, and signed by the agency head. If this written affirmation is not received by Alpharetta within the required time limit, the record entries listed on the validation printout shall be purged. Regarding requests for criminal history record information (CHRI) and other information available via Georgia's Criminal Justice Information System network (CJIS), the National Law Enforcement Telecommunications System (NLETS), or the National Crime Information System (NCIC) pursuant to this agreement, Alpharetta will be available pursuant to this Agreement to provide service to Milton twenty four hours a day, seven days a week, every day of the year. Additionally, Milton shall provide to Alpharetta the equipment needed to access the CHRI system on its behalf and storage cabinets for all Milton records. Page 14 of 14 M" HOME OF `THF BEST (,LJALITY ;)F E_IFE A' M.. LT 0 N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 18, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Application for the Abandonment of a Portion of Public Right of Way on Thorntree Run within the Tullamore Subdivision MEETING DATE: Monday, April 28, 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 A TTORNEY REVIEW REQUIRED: {) YES �7 NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS T In Your * * * PHONE: 678.242.25001 FAX: 678.242.2499 :d ' Green -� **Certified*. np"'ou infofci#yofmiltonga.us i www.cifyofmiRonga.us '"""� Community}� Elm's 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 e To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on April 18, 2014 for the April 28, 2014 Regular Council Meeting Agenda Item: Consideration of an Application for the Abandonment of a Portion of Public Right of Way on Thorntree Run within the Tullamore Subdivision ______________________________________________________________________________ Department Recommendation: Accept for further review. Executive Summary: Exhibit 1. Location Map Thorntree Run is a road located within Tullamore Subdivision off of SR 372. When the subdivision was originally constructed the right of way was platted to the property to allow for a Section Requesting Abandonment Privatization-Abandonment Page 2 of 3 future phase of the subdivision to be developed and a cul de sac was constructed at the end of the road. The future phase was never constructed and the applicant is requesting the final 45 feet of right of way from the end of the cul de sac to the property line be abandoned. Exhibit 2. Right of Way Location Under the current privatization ordinance each application received to abandon or privatize any right-of-way must first receive an initial hearing before the Mayor and City Council to determine whether or not to accept the application for processing. At this meeting the Mayor and City Council may decide to accept the application or deny the application without further discussion. Acceptance of the application by the council does not constitute final approval of the application or the abandonment of the public road or right-of-way, or any portion thereof, it merely allows the application to proceed through the process. At this stage staff has not made a determination of the merits of the application only that it meets the minimum requirements to begin the evaluation. It should be noted that the abandonment of a road or right of way requires that the City Council make a finding of one of the following with respect to the roadway in question: 1. That no substantial public purpose is served by it; or, 2. That its removal from the municipal street system is in the best public interest. If the Mayor and City Council approve the application to move forward it shall be the responsibility of the applicant to prove to the satisfaction of the city that one of these conditions has been met. The supporting information provided by the applicant will be made available for the Mayor and Council to review prior to the initial public hearing. Existing Cul-de-Sac Right of Way to be Considered for Abandonment Privatization-Abandonment Page 3 of 3 Funding and Fiscal Impact: N/A Alternatives: Deny the acceptance of the application and maintain the right-of-way as necessary. Legal Review: N/A Concurrent Review: N/A Attachment(s): Application C City of Milton Public Works Department 13000 Deerfield Parkway Phone (678) 242-2500 Suite 107G Milton, Georgia 30004 Application to Abandon a Public Right-of-Wav This Application must be filed by a person having the authority to act on behalf of the community. Where a Home Owner Association (HOA) is required by Chapter 48 of the City of Milton Code of ordinances to file the apphcation, it must be submitted by a member of the board authorized to act on behalf of the HOA. Where an HOA is not required by said ordinance to file, the apphcation must be made by a person authorized to act on behalf of the petitioning organization. Section 1: Contact Information Applicant Name: Tnllamore Hnmfinwnfirs Association (Name of HOA or Individual) Name: Lynette Maton Phone Number: 678-592-3795 Position: Board President Address: 15435 Thorntree Run Email: lmaton2@yahoo.com Milton, GA 30004 Section 2: Right-of-Wav Information This application is submitted for (check one): [^Abandonment • Privatization Right-of-WayName or Subdivision Name: Thorntree Run/Tullamore Width of Existing Right-of-Way: _50/ Lineal Feet (measured along the centerline) to be Vacated: 45' Section 3: Reason for Abandonment This request for abandonment is being made based on a determination of the following (check one): C3 That no substantial public purpose is served by the right-of-way; • That the removal of the right-of-way from the municipal street system is in the best public interest. a. Please indicate the purpose for which the right-of-way is to be vacated: In nn-ter to exchange the 50' right of way for a ?0' easement to allow pedestian traffic. between the two subdivisions and to increase the safety for both subdivisions. b. How is the right-of-way currently being used? it is currently being used as a part of the horse trail which is a private amenity in Tullamore created by a 20' easement on each landowner's property. City of Milton Public Works Department Phone (678) 242-2500 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 c. How many adjacent property owners will be affected by this request? d. How does the property owner propose to use the right-of-way if abandoned? It will be used as part of the existing horse trail in Tullamore and as a pedestrian walkway Q Cable Television E3 Electric H Gas • Sanitary Sewer • Stormwater • Telephone • Water • Other, please describe: Section 4: Attachments and Exhibits • Plat of the existing subdivision. If the right-of-way is not located in a platted subdivision then a map or survey should be provided with sufficient detail to demonstrate the location and nature of the right-of- • Where a subdivision plat is not required, a list of all affected property owners shall be provided. Section 5: Signature of the Applicant The following signature signifies that all of the information provided on this apphcation is accurate and correct to the best of the applicant's knowledge; and that the applicant has thoroughly read and understands all of the application requirements. In addition, the applicant further certifies that they understand that it shall be the responsibility of the applicant to demonstrate compliance with the above conditions. The applicant is required to submit all necessary supporting documentation to establish the factual basis on which this request is made. Any, and all, costs associated with providing this information is the sole responsibility of the applicant. 3 e. apply: way. City of Milton Public Works Department 13000 Deerfield Parkway Phone (678) 242-2500 Suite 107G Milton, Georgia 30004 This completed application form should be sent to: City of Milton Department of Public Works 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 Office Use Only Project Number: Date Application Received: Date Initial Council Consideration: Date Initial Pubhc Hearing: Petition Verified (Y/N): Date Final Public Hearing: Date Complete: AREA TO BE --- DEDICATED AS R/W BY OKON DQ0D(')(ZPr') 50' D I AlCUL-DE-SAC l AREA TO BE DEDICATED 54 551 91: AREA TO BE ABANDONED. - AND CONVEYED TO OKON , '/arm: MTJ/.ZZT) /t.Z2v<#t!r'£Z?"£. -ewft•s*r/,*?r')<a>i.c tor. Ue>? <7y~~ a?* THIS PLAT IS APPROVED WITH THE UNDERSTANDING THAT EASEMENT IS GRANTED FULTON COUNTY ALOHG ALL ROAD FRONTAGE FOR THE PURPOSE OF SLOPIHG" CUTS AND FILLS AS FOLLOWS: 0' TO 5' - NOT LESS THAN 3 TO 1 SLOPE 5' TO 10' DEPTH - NOT LESS THAN 2 TO 1 -SLOPE 10' OR MORE DEPTH - 1 1/2 TO 1 slope DATE DESCRIPTION 7^/W^/ /A7i£&6&?rA0/ NOT TO SCALE /"ATEA /J?AA7A?A7Y *^/SJP/f7/7/A?A/ A"AA?r AAA <S/A//r&A/£ AAZ 6 A?A&7A~AT AZA>P7£? ,*? ASAAAT-jTAr ,<7i~t>AA:: . /A/Z. Z7A7A£Z? sffAfy AAe , At>&4 ^ASS? A*fA7-?r A?<SC£A>TA Y A*£yA^£Z? A?<9- 3/- •sowing: k-.cation PW-S Site uv, > ri^^ •thewng PW-C Ondti*^e structure* - ,^ A/?rs£-£A* A/A/mfAZt-y \.A?/r£/?A%&-ATA-- 34-/? \s&?,A7-*9 /7 A-5A7, &*?3Z-e | A&7.£?<PZ 7*5 37-A? \zZ7.?>??.4'P A-f-A \A72,/7-S?.AA7' i AS 1 /,2~&,A22>Z'A5&> Z-g | A7~&. A>-£ A*/, tZ>-7£A.ZZ 7»A-i> A=-A7A7S'££'ry Af A7A7rZA?AV7A?/A'£jP W/AA/AAV TA'£ AAtfATA? A'A'A? A=Z.A7A7£7 A/y7zrA7ATA? 2rA7AA£ A?A? AZ££AAV£A? 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The field data upon which this plat is based has a closure precision of one foot in (pgfztc-' feet and an angular error of ~<7.4" seconds per angle point and vas adjusted using Crandall's Rule. This plat has been calculated for closure and is found to be accurate wif-bia one foot feet. Field angles and -linear distances measured using a topcon GTS-2 total station. CUKIertto t* To *«cor»r« thi« b to art* •>* **• m tmm bmn waM in rm Book LZZftmSX rfl^nOwrtyttocort*.an mK^j ®! ChriLlupahor Court In my opinion, this plat is a correct representation of the land platted and has been prepared in conformity with the minimum standards \ requirements, »f the law. D.RAWN <f^^A. CHECKED APPROVED DATE APZAAe, A-Z7&-P SCALE A""Z~A?A7' jAVSjz/Avrr.&A PROJECT e>4-Ae?A? jAVSjz/Avrr.&A SHEET AA7A=-/ David A. Burre & Assoc., Inc. Consulting—Land Surveying—Land Planning 11230AlpharettaHwy. Suite 122 Roswell, GA 30076 (404)442-0500