Loading...
HomeMy WebLinkAboutAgenda Packet CC - 11/16/2015 - City Council 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, November 16, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jason Howard 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. 15-288) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 16 , 2015 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the October 19, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-289) (Sudie Gordon, City Clerk) 2. Approval of the November 2, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-290) (Sudie Gordon, City Clerk) 3. Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ending September 30, 2015. (Agenda Item No. 15-291) (Stacey Inglis, Assistant City Manager) 4. Approval of a Contract Agreement between the City of Milton and Wanna Play Baseball, Inc. for the Concession Stand Operations at Bell Memorial Park. (Agenda Item No. 15-292) (Jim Cregge, Parks & Recreation Director) 5. Approval of a Lease Agreement with Pitney Bowes, Inc. for Mailing Equipment. (Agenda Item No. 15-293) (Carter Lucas, Assistant City Manager) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Create a Conservation Subdivision – Chapter 50, Article V of the City Code of Milton. (Agenda Item No. 15-183) (First Presentation at July 6, 2015 Regular Council Meeting) (Discussed at July 13, 2015 City Council Work Session) (Discussed at August 20, 2015 Special Called Work Session) (Discussed at August 20, 2015 Regular City Council Meeting and Deferred to September 21, 2015 Regular City Council Meeting) (Postponed at the September 14, 2015 Special Called Meeting) (Published on 9/21/2015 Regular City Council Meeting Agenda but not discussed) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 16 , 2015 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration to Amend Chapter 50, Subdivisions, and Create Section 50- 162, Rural Design. (Agenda Item No. 15-294) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. Consideration of U15-05/VC15-05 – 13650 Bethany Road by Bethany’s Rest, Inc. - To Request a Use Permit for a Retreat (Sec. 64-1821) in AG- 1 (Agricultural) on 26.65 Acres Using the Existing Structures. A Concurrent Variance to Allow the Existing Vegetation within the 100 Foot Undisturbed Buffer and 10 Foot Improvement Setback and not to Plant Additional Vegetation [Sec. 64-1821(b)(3)]. (Agenda Item No. 15-282) (First Presentation at November 2, 2015 Regular City Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. (Agenda Item No. 15-281) (First Presentation at November 2, 2015 Regular City Council Meeting) (Michele McIntosh-Ross, Principal Planner) 2. Consideration of the Final Service Delivery Strategy Agreement between the City of Milton, Fulton County, and All Other Municipalities in Fulton County. (Agenda Item No. 15-272) (Deferred at October 19, 2015 & November 2, 2015 Regular City Council Meetings) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Consideration of a Resolution Adopting the 2016 City of Milton City Council Regular Meeting and Work Session Schedule. (Agenda Item No. 15-295) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 16 , 2015 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of a Resolution Requesting the Transmittal of a 2016 Livable Centers Initiative (LCI) Supplemental Activity and Plan Update Application to the Atlanta Regional Commission (ARC) for their consideration of the Downtown Milton Study. (Agenda Item No. 15-296) (Kathleen Field, Community Development Director) 3. Consideration of an Amended Intergovernmental Agreement between the City of Milton, Georgia and the City of Alpharetta, Georgia Regarding Lease and Joint Use of Municipal Court Facilities. (Agenda Item No. 15-297) (Chris Lagerbloom, City Manager) 4. Consideration of a Resolution Appointing Members to the City of Milton Comprehensive Plan Advisory Committee by Appointing Members from At-Large, District 1/Post1, District 1/Post 2, District 2/Post 1, District 2/Post 2, District 3/Post 1, District 3/Post 2. (Agenda Item No. 15-298) (Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Future Direction on Implementation of Transfer of Development Rights. Department Updates 1. Fire 2. Finance 3. Information Technology 4. Innovation & Engagement 5. Human Resources 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-299) The minutes were provided electronically HOME OF ' FSTAM.1S11FD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 12, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City's Financial Statements for the Fiscal Year Ending September 30, 2015. MEETING DATE: Monday, November 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: y(j APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES ONO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY �APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS © * YauGM PHONE: 678.242.25001 FAX: 678.242.2499 Green I& ; C , ified't infoQcityofmiltonga.us I www.cityofmiitonga.us Communityii,y 13000 deerfield Parkway, Suite 107 1 Mifton GA 30004 v To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on November 10, 2015 for the November 16, 2015 Regular Council Meeting Agenda Item: Consideration of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ending September 30, 2015 Department Recommendation: The recommendation is to approve the attached engagement letter with Mauldin & Jenkins, LLC to audit the City’s financial statements for the fiscal year ending September 30, 2015. Executive Summary: According to O.C.G.A. 36-81-7, we are required to have an annual audit of the financial affairs and transactions of all funds and activities of the City. The audit engagement letter before you details the scope of services Mauldin & Jenkins, LLC will provide the City. As part of the engagement, they will audit the financial statements of the governmental activities, each major fund, and the required supplementary information. They will also provide a report on internal controls related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements. Funding and Fiscal Impact: This is the fourth year of the five-year contract with Mauldin & Jenkins, LLC. The cost of the audit is $32,000 and has been included in the FY 16 Budget. Alternatives: Not approve and go back out to bid for auditing services. Legal Review: Approved by Ken Jarrard (email dated November 10, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Audit Engagement Letter November 3, 2015 Honorable Mayor and Members of the City Council and City Manager City of Milton, Georgia 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 Attn: Stacey Inglis, Assistant City Manager We are pleased to confirm our understanding of the services we are to provide the City of Milton, Georgia (the City) for the year ended September 30, 2015. We will audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements, of the City of Milton, Georgia as of and for the year then ended. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management’s Discussion and Analysis (MD&A). 2. Schedule of Changes in the City’s Net Pension Liability and Related Ratios. 3. Schedule of City Contributions – Pension Plan. 4. Budgetary comparisons for the General Fund and any Major Special Revenue Funds. We have also been engaged to report on supplementary information other than RSI that accompanies the City’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing City of Milton - 2015 Engagement Letter November 3, 2015 Page 2 standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1. Schedule of expenditures of federal awards. 2. Combining and individual fund statements. The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, we have no responsibility for determining whether such other information is properly stated, and our auditor’s report will not provide an opinion or any assurance on that other information: 1. Introductory section 2. Statistical section Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. The objective also includes reporting on -  Internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.  Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. The OMB Circular A-133 report on internal control over compliance will include a paragraph that states that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of OMB Circular A-133. Both reports will state that the report is not suitable for any other purpose. City of Milton - 2015 Engagement Letter November 3, 2015 Page 3 Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133, and will include tests of accounting records, a determination of major program(s) in accordance with OMB Circular A- 133, and other procedures we consider necessary to enable us to express such opinions . We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the Members of the City Council for the City of Milton, Georgia. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions on the financial statements or the Single Audit compliance opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue reports, or may withdraw from this engagement. Management Responsibilities Management is responsible for the financial statements, schedule of expenditures of federal awards, and all accompanying information as well as all representations contained therein. Management is responsible for (1) establishing and maintaining effective internal controls, including internal controls over compliance, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with U.S. generally accepted accounting principles; and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities also include identifying significant vendor relationships in which the vendor has responsibility for program compliance and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. City of Milton - 2015 Engagement Letter November 3, 2015 Page 4 You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. Management is also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements, or abuse that we report. Additionally, as required by OMB Circular A-133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review subsequent to the start of fieldwork. You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received) in conformity with OMB Circular A-133. You agree to include our report on the schedule of expenditures of federal awards in any document that contains and indicates that we have reported on the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon or make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with OMB Circular A-133; (2) you believe the schedule of expenditures of federal awards, including its form and content, is fairly presented in accordance with OMB Circular A-133; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes): and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards. You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes): and (4) you have disclosed to us any City of Milton - 2015 Engagement Letter November 3, 2015 Page 5 significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. You agree to assume all management responsibilities relating to the financial statements, schedule of expenditures of federal awards, related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. You agree to oversee the nonaudit services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us, even though City of Milton - 2015 Engagement Letter November 3, 2015 Page 6 the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We will include such matters in the reports required for a Singl e Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. Audit Procedures—Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A-133, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and OMB Circular A-133. City of Milton - 2015 Engagement Letter November 3, 2015 Page 7 City of Milton - 2015 Engagement Letter November 3, 2015 Page 8 Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Milton, Georgia’s compliance with provisions of applicable laws, regulations, contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Circular A- 133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City of Milton's major programs. The purpose of these procedures will be to express an opinion on the City of Milton's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-133. Other Services We will also assist in preparing the financial statements, schedule of expenditures of federal awards, and related notes of the City in conformity with U.S. generally accepted accounting principles and OMB Circular A-133 based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management’s responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors’ reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. If applicable, we will provide copies of our report for you to include with the reporting package you will submit to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors’ reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. We will provide copies of our reports to the City of Milton, Georgia; however, management is responsible for distribution of the reports and financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. City of Milton - 2015 Engagement Letter November 3, 2015 Page 9 The audit documentation for this engagement is the property of Mauldin & Jenkins and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Mauldin & Jenkins personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by a regulatory body. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party (ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on approximately January 25, 2016 and to issue our reports no later than March 31, 2016. Adam Fraley is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be $32,000 for the year ended September 30, 2015. This fee includes consideration for the performance of a Single Audit of one major program. If additional major programs are required, additional fees will apply. Our hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered as work progresses and are payable upon presentation. The above fees are based on anticipated cooperation from your personnel (including complete and timely receipt by us of the information on the respective client participation listings to be prepared annually) and the assumption that unexpected circumstances (including scope changes) will not be encountered during the audit. If significant additional time is necessary, we will discuss it with management and arrive at a new fee estimate before we incur the additional costs. As a result of our prior or future services to you, we might be requested or required to provide information or documents to you or a third party in a legal, administrative, arbitration, or similar proceeding in which we are not a party. If this occurs, our efforts in complying with such requests will be deemed billable to you as a separate engagement. We shall be entitled to compensation for our time and reasonable reimbursement for our expenses (including legal fees) in complying with the request. For all requests we will observe the confidentiality requirements of our profession and will notify you promptly of the request. 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, we agree that, during performance of this agreement, we will not discriminate against any employee or applicant for employment or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, we agree to comply with all applicable implementing regulations. City of Milton - 2015 Engagement Letter November 3, 2015 Page 10 It is your policy that unauthorized aliens shall not be employed to perform work on your contracts involving the physical performance of services. In order to comply with your policy, we are providing evidence on your forms, attached hereto as Exhibit “A”, that we 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 this contract to ensure that no unauthorized aliens will be employed. We hereby verify that we have, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “A”, and submitted such affidavit to you. Further, we hereby agree to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. Where we are 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 our verification process at any time to determine that the verification was correct and complete. We 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 we are 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 employ unauthorized aliens on your contracts. By entering into a contract with you, we agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where we are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Our failure to cooperate with the investigation may be sanctioned by termination of the contract, and we shall be liable for all damages and delays occasioned by you thereby. We agree that the employee-number category designated below is applicable to us. ____ 500 or more employees. ___X_ 100 or more employees. ____ Fewer than 100 employees. We warrant that we will utilize no subcontractors in doing the work. 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. This agreement is entered into as of the date both parties have signed below. City of Milton - 2015 Engagement Letter November 3, 2015 Page 11 We appreciate the opportunity to be of service to the City of Milton, Georgia and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, MAULDIN & JENKINS, LLC Adam M. Fraley RESPONSE: This letter correctly sets forth the understanding of the City of Milton, Georgia. By: Title: “EXHIBIT A” STATE OF GEORGIA COUNTY OF FULTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor (Mauldin & Jenkins, LLC) 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: _______________________________________ Federal Work Authorization User Identification Number _______________________________________ Date of Authorization _______________________________________ Name of Contractor (Mauldin and Jenkins) _______________________________________ Name of Project _______________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 20___ in __________ (city), __________ (state). _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______ DAY OF _________, 20___. _____________________________ Notary Public [NOTARY SEAL] Commission Expires: ________________________ HOME OF ' M.I-LTON*k 0 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 9, 2015 FROM: City Manager AGENDA ITEM: Approval of a Contract Agreement between the City of Milton and Wanna Play Baseball, Inc. for the Concession Stand Operations at Bell Memorial Park. MEETING DATE: Monday, November 16, 2015 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: 0 YES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR REMARKS �() APPROVED () NOT APPROVED ©-*Your*** PHONE: 678.242.2500 j FAX: 678,242.2499 GreQ�t *cerrifW roy.iau ("h , info@cityofmilfonga.usIwww.cityofmiltonga.us ��<<.���.«�. Community I F.h— �,� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on October 30, 2015 for the November 16, 2015 Regular Council Meeting Agenda Item: Approval of a Contract Agreement between the City of Milton and Wanna Play Baseball, Inc. for the Concession Stand Operations at Bell Memorial Park. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Contract Agreement between the City of Milton and Wanna Play Baseball, Inc. for the Operation of the Concession Stand at Bell Memorial Park. Executive Summary: When the City re-opened Bell Memorial Park, we added the sport of football and lacrosse to the baseball program. With three sports sharing the facility, it was determined that the booster club of each sport could not operate the stand. We ran a public RFP for thirty days to identify a concessionaire and the organization, Wanna Play Baseball, Inc was selected by the review committee as the best vendor. Funding and Fiscal Impact: Wanna Play Baseball will present a commission of 5% on gross sales to the City. Alternatives: The Booster clubs have no interest in running the concession stand. The only alternative is to go back to the market and rebid this. Page 2 of 2 Legal Review: Elizabeth Whitworth – Jarrard & Davis (October 28, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Concession Contract Agreement HOME OE ` MILTONESTABLI SH237 CONCESSION CONTRACT AGREEMENT This Agreement (the "Agreement') is made and entered into this _ day of , 2015 (the "Effective Date"), by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council (hereinafter referred to as the "City"), and Wanna Play Baseball, Inc., a Georgia corporation with its principal place of business located at 101 Country Acres Lane, Canton, GA 30115 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the Contractor desires to provide certain concession stand operations at Bell Memorial Park, and WHEREAS, in exchange for the City authorizing Contractor to provide such concession stand operations at Bell Memorial Park and keep a percentage of the revenues obtained from such operations, the Contractor has agreed to provide the City with a percentage of such revenues; and WHEREAS, the Contractor has represented that it is qualified by training and experience to provide the Work described in this Agreement related to concession stand operations at Bell Memorial Park; and WHEREAS, the Contractor desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Scope of Work and Consideration. In consideration for the City authorizing Contractor to provide concession stand operations at Bell Memorial Park and keep a portion of the revenues obtained from such operations, the Contractor has agreed to provide the Work described below and pay the City a Commission (as defined below) under the terms provided herein. a. The Work. Contractor shall provide concession stand operations at Bell 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park Memorial Park, located at 15245 Bell Park Drive, Milton, GA 30004, as described in the Request for Proposals, attached hereto as Exhibit "A" and incorporated herein by reference, and the Contractor's Proposal, attached hereto as Exhibit `B" and incorporated herein by reference. The Contractor shall only use the concession stand facilities identified by the City, and the Contractor must comply with the following requirements in its operation of the concession stands at Bell Memorial Park: i. The Contractor is authorized for the Term of this Agreement to sell in the concession only high quality food, beverage and miscellaneous items (including but not limited to burgers, hot dogs, chicken, sausages, BBQ, sundry items, novelties and candy) that are approved for sale by the Parks and Recreation Director or his designee. No seeds of any kind, including but not limited to sunflower seeds and pumpkin seeds, will be allowed for sale. No alcoholic beverages will be allowed for sale. ii. The City reserves the right to monitor all concession prices, so as to ensure that patrons are not overcharged. The Contractor will submit a list of items and prices to be reviewed and approved by the Parks and Recreation Director or his designee. The pricing of each food, beverage or miscellaneous item specified is to remain firm for a one-year period, and, following such one-year period, any changes to such pricing must be approved in writing by the City. The pricing must stay within the local market pricing and may not vary and/or change due to special activities scheduled throughout the year. iii. Various equipment owned by the City is available for use from time to time if the Contractor so desires. If Contractor wishes to use such equipment, Contractor must contact the City to determine what equipment is available. If the Contractor chooses to use any of the City's equipment, Contractor shall do so at its own risk, and any damages are the responsibility of the Contractor (except for standard wear and tear). It is the responsibility of the Contractor to use equipment provided by the City in a responsible and careful manner and to provide any additional equipment required to complete the Work and provide the services associated with the concession stand operations. Any supplies or equipment left at the park by the Contractor will be the responsibility of the Contractor. The City shall not be responsible for any lost, stolen, or broken equipment or supplies. iv. The Concession Stand will be kept clean by the Contractor, including, but not limited to, cleaning the concession stand interior after each use and properly disposing of trash at least once each day and as required to maintain a clean operating environment. V. Contractor will be responsible for scheduling staff, stocking concessions and 2 maintaining the security of the stand with lights out at the end of daily operations. vi. Contractor will limit its access of the concession stand facility to the designated hours of operation specified by the City and shall provide sufficient staff to work the stand during operating hours. The Contractor shall have appropriate personnel available for the operation of the concession stand in order to provide reasonable and adequate service at all times called for by the schedule of hours stipulated in this Agreement below, as such schedule may be updated from time to time by the City. The Parks and Recreation Director or his designee reserves the right to have the Contractor add additional staff at the Contractor's sole expense. The Parks and Recreation Director or his designee, will review from time to time the Contractor's staffing levels to determine if patron demand is being met efficiently. If not, the Contractor will be required to increase its staff as specified by the City. vii. Contractor agrees to obtain all necessary licenses or certificates to provide the Work and to abide by all applicable laws, rules, regulations and ordinances as they relate to use of park property, including the use of tobacco products and alcoholic beverages. The Parties acknowledge and agree that, in compliance with health and fire code standards, the Contractor shall not cook anything in the concession stand building. viii. Contractor is responsible for all damages and cost of all repairs in the concession area that are attributed to its use or operation of such concession stand facilities by Contractor. ix. Contractor must open the concession stand for all tournaments and regular season games (including, but not limited to, playoffs and make up games) scheduled by the City of Milton Parks and Recreation Department. The Contractor is encouraged but not required to be open for practices during the week. X. Contractor is forbidden to change any concession stand locks without the written permission of the Director of Parks and Recreation and/or his designee. xi. The Coca-Cola Company is the approved beverage vendor for concessions within Bell Memorial Park. Therefore, Contractor must act in accordance with the terms set forth by the contract between the City of Milton and The Coca-Cola Company and all of The Coca-Cola Company's subsidiary and affiliated companies. All Coca-Cola Company products to be sold at the Bell Memorial Park concession stands must be purchased by the City from The Coca-Cola Company, and the Contractor must reimburse the City for the cost 3 of to purchase such products. Once the City has been reimbursed for the cost to purchase such products, the Contractor may then sell the products and retain any profit of such sale less any Commission provided for in this Agreement. Ordering of Coca-Cola Company products will be coordinated between the Contractor and the Parks and Recreation Director or his designee. xii. The Contractor is permitted to have non-Coca-Cola brand water stored in the City's refrigerator (not the Coca-Cola coolers) for distribution at low or no cost only to game officials (umpires and referees). xiii. The Contractor's use of equipment, food, beverage or sundry products shall be at the Contractor's own risk. The City shall not be liable for any damage or loss of such equipment, food, beverage or sundry products, unless such damage or loss occurs as a direct result of actions of the City, a City employee, or authorized agent of the City. xiv. Any sub-contracting of the Contractor's responsibilities under this Agreement must be pre-approved by the City of Milton Parks and Recreation Department in writing. Further, any such subcontractors (whether companies, groups or individuals, etc.) must agree to all terms set forth in this Agreement before providing any of the Work described herein. xv. Currently, there are no vending machines in operation in Bell Memorial Park, and Contractor may not place any vending machines for use in the park. xvi. The Contractor shall be responsible for the collection of sales tax and distribution of the tax to the State of Georgia. xvii. Contractor shall comply with the City's policy regarding criminal background screening and cause background checks to be performed on all concession stand employees (including but not limited to employees and subcontractors) who are 18 years of age and older. The City will furnish the Contractor with a background release form for all the Contractor's employees or subcontractors, and a background search of such employees or subcontractors shall be completed at the Contractor's expense. A Consent and Release Form to conduct a criminal background check must be executed by any of the Contractor's employees or subcontractor's employees, such form authorizing the City to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the City in its sole and complete discretion, and the City may reject any individual from participating in any program based upon such result. If the Contractor has recently had a background screening conducted by another government agency, the City, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. Contractor and its 4 employees and subcontractors must also execute a Waiver and Release of Liability holding the City harmless related to the background check. xviii. The City will provide no storage space to the Contractor, unless otherwise agreed upon in writing by the Parties. Notwithstanding the foregoing, the City hereby expressly agrees to allow the Contractor to store materials, product and supplies inside the concession stand so long as such materials, product and supplies are associated with the Work to be completed under this Agreement and are stored in a safe and secure manner. xix. The Contractor shall inspect the premises and equipment offered to it by the City for its use in providing the Work contemplated under this Agreement, and, if it finds anything wrong with the premises or equipment, the Contractor shall notify the City immediately. If the issue cannot be corrected promptly so as to provide a safe premises and equipment to complete the Work for a given event, the City may cancel or relocate Contractor's services for that event, as the City deems necessary it its sole discretion. xx. Contractor shall provide the following: A. Contact person for notification of any cancellations and/or rescheduled events. B. Cleaning supplies to maintain the concession stand. C. A point of sale terminal. D. Credit card transaction processing capability. b. City Responsibilities. The City shall provide the following items for use by the Contractor in its operation of the Bell Memorial Park concessions stands during the Term of this Agreement: i. One propane grill for cooking purposes, which grill must be located and remain outside the concession stand. ii. Propane for cooking purposes. iii. The Coca-Cola Company contract and coolers. iv. Water service to the concession stand, electricity and data connectivity. v. A 220 volt electrical outlet for use with an espresso machine will be provided by the City no later than the start of the Spring Athletic Season. vi. A 3/8 inch water line for use with an espresso machine and coffee brewers will be provided by the City no later than the start of the Spring Athletic Season. c. Commission. For each and every month during the Term of this Agreement, the Contractor agrees to pay the City the sum of $ per month or 5% of Contractor's gross revenues (the "Commission") from concession stand sales during that calendar 5 month. Under no circumstances shall the City be responsible for any monetary payment to Contractor under this Agreement. Contractor shall be entitled to any and all other revenues obtained from concession stand sales in excess of the Commission described above. 2. Limitation of Promotional Activities. The City must approve any promotional material, flyers, and posters advertising the Contractor or its concession activities. Further, the Contractor shall not promote its or any other privately owned business in the park or solicit any participant in a City activity for any privately owned business. The Contractor may not use park facilities to conduct any personal business. 3. Reservation of Rights Related to Certain Activities at the Parr. The City reserves the right to regularly run a farmers market at Bell Memorial Park. The City also reserves the right to bring in other vendors, including but not limited to food trucks, for special events, which special events may include but shall not be limited to movies in the park. The City shall provide Contractor at least seven (7) calendar days advance notice of these occasions when additional vendors will be brought into the park. The Contractor may participate in such occasions at its sole discretion, and the Contractor's choice to decline to participate in a special event is not a cause for termination of this Agreement. 4. Schedule of Operations and Cancellation of Events. a. Schedule of Operations. i. The Projected Schedule of Activities (also referred to as "Typical Active Seasons") is as follows: A. Typical Active ging Season begins February 1. Practices or games for baseball and lacrosse typically run from 5:30 PM until 9:30 PM Monday through Friday. Games run on Saturdays typically between 9:00 AM until 5:00 PM. Baseball is typically active on Sundays from 1:00 PM until 7:00 PM. The typically active spring season ends around Memorial Day. B. Typical Active Summer Season begins June 1. Baseball All Stars and Travel teams continue to practice and have occasional games. The possibility of a tournament or two exists at this time. Baseball has activity Monday through Thursday from 5:30 PM until 9:30 PM. Typically on the weekends, the park is open as the teams travel to their tournaments. The typically active summer season ends in mid-July. C. Typical Active Fall Season begins July 15. Football starts in mid-July with practices in the evenings during the week. Baseball and Lacrosse 6 start up in mid-August and follow a similar schedule as the spring. The typically active fall season ends in mid-November. ii. Concession operations also will include any special sporting events (tournaments, etc.). A tentative schedule of events projected to occur in 2015 and 2016 is as follows: Fall/Winter 2015 Date Times Event Name # of Fields # of participants Nov. 29 12:00pm - 5:00pm Fall D-1 Camp 2 turf fields 75 players Dec. 5 - 6 8:00am - 6:00pm Girls Merry Laxmas 2 turf, 1 baseball outfield 70 teams Dec. 12 - 13 8:00am - 5:00pm Boys Merry Laxmas 2 turf fields 40 teams Date Times Event Name # of Fields # of participants June 1- 2 8:30am - 8:30pm Summer D-1 Camp 2 turf fields 75 players June 13 - 16 9:00am - 12:00pm Girls lax youth camp 2 turf fields 150 players July 11 - 14 9:00am - 12:00pm Girls lax youth camp 1 turf field 150 players Summer 2016 practice Dates 31 -May 2 turf fields 5:30pm - 8:30pm 8 -Jun 2 turf fields 5:30pm - 8:30pm 9 -Jun 2 turf fields 5:30pm - 8:30pm 14 -Jun 2 turf fields 5:30pm - 8:30pm 15 -Jun 2 turf fields 5:30pm - 8:30pm 22 -Jun 2 turf fields 5:30pm - 8:30pm 29 -Jun 2 turf fields 5:30pm - 8:30pm 6 -Jul 2 turf fields 5:30pm - 8:30pm 12 -Jul 1 turf field 6:30pm - 8:00pm 13 -Jul 1 turf field 6:30pm - 8:00pm 7 b. Cancelation of Events. Due to weather and/or unseen circumstances, some events may be cancelled. In event of a cancellation, the City will attempt to notify the Contractor's point of contact ahead of time. In the event the notification is not provided, the Contractor is still required to show up. Any cost incurred to the Contractor due to a cancellation is not the responsibility of the City. 4. Term. This Agreement shall commence upon the City delivering to Contractor a written "Notice to Proceed" and shall continue until December 31, 2016; provided that the Term of this Agreement may be extended for two additional one (1) year periods upon written agreement of the Parties at least ninety (90) days prior to expiration of the then -current Term. The Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. 5. Termination. The City shall have the right to terminate this Agreement for convenience or for cause by providing written notice thereof at least five (5) calendar days in advance of the termination date. Further, the City shall have the right to terminate this Agreement immediately upon any willful, reckless, or grossly negligent act or omission by the Contractor or any of its officers, employees or subcontractors. The Contractor shall have no right to terminate this Agreement prior to expiration of the then -current Term. Upon termination or expiration of this Agreement, Contractor shall provide payment to the City of any Commission due up to the termination date. The rights and remedies of the City and Contractor provided in this paragraph are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Any deficiencies by either party in compliance with the terms of this Agreement and that are not deemed to be willful, reckless or grossly negligent, shall be remedied within ten (10) business days of that party receiving notice of such deficiencies from the other party hereto. 6. Indemnification. The Contractor covenants and agrees to take and assume all responsibility for the Work provided in connection with this Agreement. Contractor shall defend, indemnify and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's 8 fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any parry or person described in this provision. In any and all claims against an Indemnified Parry by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. 7. Insurance Requirements. a. The Contractor shall have and maintain in full force and effect for the duration of this Agreement insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with performance of the Work by Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. b. The Contractor shall maintain the following insurance policies with coverage and limits no less than: (i) Commercial General Liability Insurance Coverage of at least $1,000,000 combined single limit per occurrence for comprehensive coverage including for bodily injury and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. The policy must also meet the following additional requirements: • Use the 1986 (or later) ISO Commercial General liability form. 9 • Have dedicated limits per project or location (CG 25 03 or CG 25 04). • Provide an additional insured endorsement (form b CG 20 10 with a modification for completed operations or a separate endorsement covering completed operations) naming the City as an additional insured. • Provide Blanket Contractual liability. • Cover Broad Property Damage. • Provide Severability of Interest. • Provide Underground explosion and collapse coverage. • Cover Personal injury (deleting both contractual and employee exclusions). (ii) If Contractor uses any commercial registered vehicle in the performance of this Agreement, the Contractor shall obtain and maintain Commercial Automobile Liability Insurance coverage (covering all owned, non -owned, leased, hired, and borrowed vehicles) of at least $1,000,000.00 combined single limit per occurrence for comprehensive coverage including bodily injury and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. The policy must also meet the following additional requirements: • Provide an additional insured endorsement naming the City as an additional insured. • Cover Contractual Liability. Commercial Umbrella Liability Insurance coverage of at least $1,000,000.00 per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, and Employers' Liability. The policy must also meet the following additional requirements: • Provide an additional insured endorsement naming the City as an additional insured. • Ensure concurrency of effective dates with primary policy. • Provide Blanket contractual liability. • Provide Drop down feature. • Care, Custody, and Control — Follow form in primary policy. • Aggregates apply where applicable in primary policy. • Umbrella policy must be as broad as the primary policy. (iv) Workers' Compensation limits as required by the State of Georgia and Employers' Liability Coverage as follows: Bodily Injury by Accident - $100,000.00 each accident. Bodily Injury by Disease - $ 100,000.00 policy limit. Bodily Injury by Disease - $ 500,000.00 each employee. 10 c. Additional Insured. The City will be covered as an additional insured on all liability policies, including but not limited to the General Liability, Auto Liability, Employers' Liability and Umbrella Liability policies. d. Verification of Coverage. Contractor shall furnish the City with certificates of insurance and endorsements to policies evidencing all coverage required by this Agreement. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The certificates of insurance, endorsements and declarations page shall be furnished on a form utilized by Contractor's insurer in its normal course of business. Further, the Contractor shall provide complete certified copies of current insurance policy (ies) or a certified letter from the insurance company (ies) if requested by the City to verify the compliance with the insurance requirements. e. Acceptability of Insurer. The insurance to be maintained by Contractor must be placed with a company licensed to do business by the Georgia Department of Insurance, authorized to do business in Georgia by the Georgia Secretary of State, and have an AM Best Policyholder's rating of A- and a financial rating of Class VI or greater. f. Occurrence Basis. All Insurance Policies must be written on an Occurrence Basis. g. Renewal of Coverage. Contractor shall provide renewal certificates to the City at least 30 days prior to any coverage expiration date. Further, the Contractor shall ensure that the City receives written notice of any cancelation or modification of coverage at least 30 -days prior to such cancellation or modification of coverage. h. Reference to Contract. Certificates of Insurance and any subsequent renewals must reference specific bid/contract by project name and by projectibid number. i. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall ensure that each subcontractor complies with the insurance 11 requirements provided herein, including, but not limited to, naming the City as an additional insured. 8. 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 and not as the agent or employee of the City. Nothing in this Agreement shall be construed to make the Contractor or any of its employees, servants, or subcontractors an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractor, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. 9. Business License. Prior to commencement of the Work to be provided hereunder, Contractor must obtain a business license, pay the applicable business license fee, and maintain said business license during the term of this Agreement, unless Contractor provides evidence that no such license is required. 10. Change Order. All changes to the terms of this Agreement shall be incorporated in written change orders executed by the City and Contractor. Any change order shall be executed under all the applicable conditions of this Agreement. 11. Assignment. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. 12. Records. Books, records, documents, account ledgers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by Contractor in accordance with requirements prescribed by the 12 City and applicable law. Upon request, the Contractor shall furnish to the City any and all Records related to matters covered by this Agreement in the form requested by the City. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. 13. Notices. All communications relating to the day-to-day activities of the Work shall be exchanged between for the City and for the Contractor. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 NOTICE TO THE CONTRACTOR shall be sent to: Brenda Cormier Wanna Play Baseball, Inc. 101 Country Acres, Lane Canton, GA 30115 14. Waiver. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 13 15. E -Verify. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless the Contractor shall provide evidence on City - provided forms, attached hereto as Exhibits "D" and "E" (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 registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period. 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. 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. 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. Contractor agrees that the employee -number category designated below is applicable to the Contractor. 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. 14 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. 16. 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 Contractor agrees that, during performance of this Agreement, the Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 17. Contractor's violation of any term set forth in this Agreement may result in the loss of concession privileges and the termination of this Agreement. 18. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Parry because it was responsible for drafting one or more provisions of the Agreement. This Agreement shall be read in conformity with and to comply with the City's agreement with The Coca-Cola Company. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 19. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. This Agreement must be executed by both Parties and on file with the City of Milton Parks and Recreation Department prior to Contractor operating the concession stand under this Agreement. 20. Entire Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties 15 with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. 21. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 22. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and Contractor submits to the jurisdiction and venue of such court. 23. Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 24. Force Majeure. Neither the City nor Contractor shall be liable for their respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONTRACTOR; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. IN WITNESS WHEREOF the City and the Contractor have executed this Agreement, 16 which is effective as of the Effective Date provided above. [SIGNATURES ON FOLLOWING PAGE] 17 CITY: CITY OF MILTON, GEORGIA, acting by and through its governing authority, the Mayor and City Council Print Name: Joe Lockwood Title: Mayor [INSERT CITY SEAL] Attest: Print: Title: City Clerk 18 CONTRACTOR: WANNA PLAY BASEBALL, INC., a Georgia nonprofit corporation r Print Name: Title: President/Vice President [CORPORATE SEAL] Attest: Print:x Title: (Assistant) Corporate Secretary EXHIBIT "A" 19 HOME OF 'THE BEST QJALITY OF LIFE IN GEORGIA' MILTON*k I REQI ESTABLISHED 2006 l M: U11 Tn Kil kL RFP Number: 15-PRO5 RFP Title: Milton Parks and Recreation Concession Operations for Bell Memorial Park Issue Date: RFP Due Date and Time: October 8, 2015 (aD_ 2:00pm local time September 9, 2015 ISSUING DEPARTMENT INFORMATION Procurement Office Contact: Issue Date: Honor Motes September 9, 2015 City of Milton Name of Company or Firm 13000 Deerfield Pkwy, Suite 107F Phone: 678-242-2500 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: City of Milton Bid Number: 15-PRO5 Attn: Honor Motes, Purchasing Office Name of Company or Firm 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Special Instructions: Deadline for Written Questions September 28, 2015 @ 5:OOPM Email questions to Honor Motes at honor.motes(a,cityofmilton2a.us OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park TABLE OF CONTENTS Offeror's RFP Checklist.............................................................................. ProposalLetter........................................................................................... Scheduleof Events..................................................................................... Section 1: Project Overview and Instructions ......................................... Section 2: RFP Standard Information....................................................... Section 3: Scope of Project....................................................................... Section 4: Offeror Qualifications.............................................................. Section 5: Cost Proposal........................................................................... Section 6: Evaluation Criteria................................................................... Section 7: Standard Contract Information ............................................... 15-PRO5 FY 15 Milton Parks and Recreation Concession Operations for Bell Memorial Park —= OFFEROR'S RFP CHECKLIST. The Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by -point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The proposals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 15-PRO5 FY15 Milton Parks and Recreation Concession Operations for Bell Memorial Park 9. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late proposal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror's Response 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park HOME OF 'THEBEST QUALITY OF LIFE 1N GEORGIA' M, I LTON* ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Contractor Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park HOME OF'TkE BES' Q:iAL'rY O� LIFE 7N G ORG'A' M I LTON't ESTABLISFI€D 2006 City of Milton RFP# 15-PR05 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (15-PR05 Milton Parks and Recreation Concession Operations for Bell Memorial Park) It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name Print/Type Company Name Here 15-PRO5 FY15 Milton Parks and Recreation Concession Operations for Bell Memorial Park 1. SCHEDULE OF EVENTS EVENT RFP Issue Date DATE September 9, 2015 Deadline for Receipt of Written Questions 5 PM on September 28, 2015 Response to Questions by the City..... on or about October 2, 2015 RFP DUE No Later than 2 PM on October 8, 2015 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park SECTION 7: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT Milton, Georgia is a growing community located north of Atlanta with a population of approximately 33,000. The Parks and Recreation Department will soon re -open Bell Memorial Park (hereinafter referred to as "BMP"). The park has been closed for 14 months, undergoing a massive renovation and doubling in size to 37 acres. The primary focus of this RFP is to hire a firm for concession stand operations for the City of Milton Parks and Recreation Department at Bell Memorial Park. It is located at 15245 Bell Park Drive, Milton, GA 30004 All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror(s) is selected, offeror(s) are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor. motes(c).cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to Honor Motes on or before 5 PM on September 28, 2015. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about October 2, 2015. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be will be posted alongside the RFP at http://www.cityofmiltonga.us and http://ssi.doas.state.ga.us/PRSapp/PR index.isp. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, offeror agrees to acceptance of the standard terms and conditions and standard contract as set out in Appendices A and B of this RFP. Much of the language included in the standard terms and conditions and standard contract reflects requirements of state law. Requests for exceptions to the standard terms and conditions, standard contract terms, or any added provisions must be submitted to the procurement officer referenced above by the date for receipt of written/e-mailed questions or with the offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all offerors submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park • 1.4 SUBMITTING A PROPOSAL A. Organization of Proposal. Offerors must organize their proposal into sections that follow the format of this RFP, with tabs separating each section. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and four (4) copies of each proposal should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:00PM, local time, October 8, 2015. Facsimile or emailed responses to requests for proposals are not acceptable. City of Milton Attn: Honor Motes Suite 107F 13000 Deerfield Parkwav Milton, GA 30004 D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park = B. Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING A PROPOSAL A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process. 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the proposal. 2. The proposal does not contain confidential material in the cost or price section. 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the offeror's proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the offeror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract 15-PRO5 FYI 5 Milton Parks and Recreation Concession Operations for Bell Memorial Park —= negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: Reject any or all Proposals received. The City is not obligated to request clarifications or additional information but may do so at its discretion. The City reserves the right to extend the deadline for submittals or to cancel or modify this RFP at any time. 2. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 3. To request further documentation or information, and to discuss an RFP submittal for any purpose in order to answer questions or to provide clarification, 4. Not award if it is in the best interest of the City not to proceed with contract execution, 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 2.5 TITLE VI COMPLIANCE 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, Firm agree that, during performance of this Agreement, Firm, for themselves, their 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, Firm agree to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 15-PR05 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park 2.6 INSURANCE REQUIREMENTS Except as otherwise provided by law, the Contractor shall at all times during the continuance of all work under the Contract maintain and keep in force such insurance as will protect him/her from claims under Workers' Compensation Acts, and also such insurance as will protect him/her and the City of Milton from any other claims for damages to any property of the City of Milton or of the public, which may arise from operations under this contract, whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by any of them. Certificate of Insurance is to be submitted at the time the Contract is executed and must meet the following requirements: 1. Statutory Worker's Compensation Insurance Employees Liability: Bodily Injury by Accident - $100,000.00 each accident Bodily Injury by Disease - $ 100,000.00 policy limit Bodily Injury by Disease - $ 500,000.00 each employee 2. Commercial General Liability Insurance a. $1,000,000 limit of liability per occurrence for bodily injury and property damage b. The following additional coverages must apply: • 1986 (or later) ISO Commercial General liability form • Dedicated limits per project or location (CG 25 03 or CG 25 04) • Additional insured endorsement (form b CG 20 10 with a modification for completed operations or a separate endorsement covering completed operations) • Blanket Contractual liability • Broad Property Damage • Severability of Interest • Underground explosion and collapse coverage • Personal injury (deleting both contractual and employee exclusions) 3. Auto Liability Insurance a. $1,000,000.00 limit of liability per occurrence for bodily injury and property damage b. Comprehensive form covering all owned, non -owned, leased, hired, and borrowed vehicles. c. Additional insured endorsement d. Contractual Liability 4. Umbrella Liability Insurance $1,000,000.00 limit of liability a. The following coverages must apply • Additional insured endorsement • Concurrency of effective dates with primary • Blanket contractual liability • Drop down feature • Care, Custody, and Control — Follow form primary • Aggregates apply where applicable in primary 15-PRO5 FY15 Milton Parks and Recreation Concession Operations for Bell Memorial Park • Umbrella policy must be as broad as the primary policy City of Milton (and any applicable authority) should be shown as additional insured on the General Liability Auto Liability and Umbrella Liability. The City of Milton is to be included as an Additional Insured on all Liability Policies. The Contractor shall agree to provide complete certified copies of current insurance policy (ies) or a certified letter from the insurance company (ies) if requested by the City to verify the compliance with the insurance requirements. Insurance company must be licensed to do business by the Georgia Department of Insurance. Insurance Companies must be licensed to do business in Georgia by the Georgia Secretary of State, Authorized by the Georgia Insurance Department, and has an AM Best rating of A-6 or greater. All Insurance Policies must be written on an Occurrence Basis. All income taxes, retirement, workers' compensation and other fringe benefits shall be the responsibility of the Contractor. Current and valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the named project. Renewal certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30 -day notification to the City in the event of a cancellation or modification of any stipulated insurance coverage. Certificates of Insurance and any subsequent renewals must reference specific bid/contract by project name and by project/bid number. It shall be the responsibility of the Contractor to ensure that all subcontractors comply with the same specified insurance requirements. 15-PRO5 FY15 Milton Parks and Recreation Concession Operations for Bell Memorial Park Em SECTION 3: SCOPE OF PROJECT 3.0 MANDATORY REQUIREMENTS This section identifies all mandatory requirements which must be present in the proposal before further consideration will be given. Offeror must prepare and submit a response which references the page(s) of the Technical Response where satisfaction of the Mandatory Requirements is substantiated. 3.1 General The Selected firm will furnish, as a minimum, the following services: A Concession stand operations will consist of the stand at BMP as activities are scheduled in accordance with Exhibit A — Projected Schedule of Activities. B Concession operations also will include any special events (Tournaments, etc.). A tentative list of events is detailed in Exhibit B — Projected Schedule of Special Events. C. The City reserves the right to monitor all concession prices, so as not to overcharge patrons. The contractor will submit a list of items and prices to be reviewed and approved by the Parks and Recreation Director or his designee. D Contractor to prepare, serve and sell to the public food and beverage items in accordance with the terms and conditions of this Agreement. E Background checks will be performed on all concession stand employees who are 18 years of age and higher. 3.2 Proposal Requirements The selected firm will furnish, as a minimum, the following information: A List three references, private or government, include contact person's name and telephone number. Provide information which best illustrates your companies qualifications and capabilities for handling the City's needs. Include descriptions and information related to similar contracts held within the past three years. B The contractor will have liability insurance (with the City of Milton and the Recreation and Parks Department named as an additional insured), avalid Business license and a current Food Service Certificate by the Fulton County Georgia Department of Health and Wellness. C Indicate the contractual entity which will be responsible for performance of all aspects of this contract. Provide the name of the firm, address, contact person(s) and telephone numbers. D For each and every month of this Agreement, the contractor shall pay to the City a sum of money equal to a percentage (%) of contractor's gross revenues from 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park sales during each calendar month. Thus, indicate in your proposal the percentage of gross revenues your firm will propose to pay the City OR the amount the contractor shall pay to the City as a specified monthly fee. E Provide additional information regarding the firm submitting the proposal. Include a narrative on how long the organization has been in business, disclose whether it has been in litigation in the last five (5) years and/or is there any pending litigation arising out of your performance or participation in concession stand services. The firm should similarly disclose whether or not it or any team members or subcontractors are in default on any loan agreement or financing agreement with any bank, financial institution or other entity. Indicate receipt of any Addenda if issued. F Provide company experience addressing questions such as how long you have been in business. G Describe your company's approach/philosophy to customer service. H Indicate how many employees are to be assigned to this effort. Provide a suggested menu and proposed pricing. 3.3 Duration of Agreement The agreement will not start until a NOTICE TO PROCEED has been delivered in writing. Volunteers will be working the stand until this agreement is in place. The selected firm is expected to take over operations upon receiving a NOTICE TO PROCEED and continue those operations through the balance of the 2015 season and in all of 2016. The contract has the option for renewal for two additional years. 3.4 Terms and Conditions The selected firm will agree, as a minimum, the following terms and conditions: A The Concession Stand Operator is responsible for the collection of sales tax and distribution to the State of Georgia. B The Contractor shall have appropriate personnel available for the operation of the concession stand in order to provide reasonable and adequate service at all times called for by the schedule of hours as stipulated in this Agreement. The Parks and Recreation Director or his designee reserves the right to have the Contractor add additional staff at the Contractor's sole expense. The Parks and Recreation Director or his designee, will review from time to time the Contractor's staffing levels to determine if patron demand is being met efficiently. If not, the Contractor will be required to increase its staff as specified by the City. C The Contractor is authorized for the term of this Agreement to sell in the concession only those food, beverage and miscellaneous items such as but not limited to burgers, hot dogs, chicken, sausages, BBQ, sundry items, novelties and candy of the best quality approved for sale by the Parks and Recreation Director or his designee. 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park = D No seeds of any kind, including but not limited to, sunflower seeds and pumpkin seeds will be allowed for sale. E No alcoholic beverages will be allowed for sale. F The pricing of each food, beverage or miscellaneous item specified herein is to remain firm for a one-year period. The pricing must stay within the local market pricing. Prices should not vary and/or change due to special activities scheduled throughout the year. G Coca-Cola is the approved beverage for the contractor that must be used. All Coca-Cola products are owned by the City. The Contractor must reimburse the City for the cost of the product and is then able to receive the profit from the sale of the Coca-Cola (less any commission if that structure is selected). Ordering will be coordinated between the Contractor and the Parks and Recreation Director or his designee. H It is the Contractor's responsibility to provide the following items: 1. Contact person for notification of any cancellations and/or rescheduled events. 2. To keep the concessions up to the standards of the Fulton County Georgia Department of Health and Wellness 3. Clean the concession stand interior after each use. 4. Cleaning supplies to maintain the concession stand. 5. A point of sale terminal. 6. Credit card transaction processing capability. 7. Collection and payment of sales tax. It is the City's responsibility to provide the following items 1 One propane grill for cooking purposes, outside of the concession stand. 2 Propane for cooking purposes. 3 The Coca-Cola contract and coolers. 4 Water, power and data connectivity. Due to weather and/or unseen circumstances, some events may be canceled. In event of a cancellation, the City will attempt to notify the Contractor's point of contact ahead of time. In the event the notification is not provided, the Contractor is still required to show up. Any cost incurred to the Contractor due to a cancellation is not the responsibility of the City. Due to health and fire code standards there may not be any cooking allowed in the building. K Currently there are no vending machines in operation and none may be placed at the park for use. L The City owns certain equipment that is available for use from time to time if the Contractor so desires. If the Contractor chooses to use the various pieces of 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park = equipment, any damages are the responsibility of the Contractor (except for standard wear and tear). M Umpire/ Referee Program — The Contractor is permitted to have non -Coca-Cola brand water stored in the City's refrigerator (not the Coca-Cola coolers) for distribution at low or no cost to game officials. N Other Activities and Concessions — The City reserves the right to regularly run a farmers market at the park. The City also reserves the right to bring in other vendors, such as but not limited to Food Trucks, for special events, such as but not limited to, movies in the park. During the occasions that additional vendors are brought in, the Concessionaire will be provided at least seven calendar days of advance notification of the City's intentions. It will be the sole discretion of the concessionaire to choose to participate in any such event or to decline. Choosing to decline to participate in a special event is not a cause for contract termination. SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 15-PR05 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park _= SECTION 5: PROPOSAL HOME Of ":-F8fS" Grt.:Ai iTM Of ecF=;T3 Gn^,RGIk -M I LTO N *t ESTABLISHED 2006 MUST BE RETURNED WITH PROPOSAL /N A SEPARATE SEALED ENVELOPE One (1) original and four (4) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5.0. Print/Type Company Name Here: 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park SECTION 6: EVALUATION CRITERIA The City may elect to conduct a round of interviews with selected firms following receipt of the RFP. The City also reserves the right to issue a contract to a single firm based solely on the initial submittal. 1. Proposal Evaluation An evaluation committee will review and rank the proposals based on the factors listed below. The relative weight for each evaluation factor is indicated below (the maximum value is 115). Proposal Response (maximum 25 points,) Past Experience With The City Of Milton (maximum 5 points) Food Service Experience (maximum 25 points) Food and Beverage Selection and Pricing (maximum 5 points) References (maximum 20 points) Game Official Food and Beverage Program (maximum 10 points) Commission or fee proposed as payment to the City (maximum of 10 points) 2. Interviews and Product Demonstration (maximum 15 additional points) The City reserves the right to award the contract to the highest ranking firm based on technical merits only; however, short-listed vendors may also be invited to make a face-to-face presentation to the City, Web based presentations may also be permitted. During this presentation the vendor can provide additional detail regarding their proposal submission and organizational qualities. A question and answer will follow the presentation. 3. Final Ranking and Negotiations 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park Upon completion of the interviews and demonstrations, if required, the review committee will rank the short-listed proposals based on a combination of the evaluation scores and presentations. The top-ranked proposal will be recommended for contract award, pending successful negotiations. At this stage, the City may conduct any final discussions, negotiations, or proposal revisions with the top-ranking company(s). SECTION 7: STANDARD CONTRACT INFORMATION 7.0 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the time of contract negotiation. Exhibit A: Typically Active Seasons Typical Active Spring Season - Starts February 1 — Practices or Games for baseball and lacrosse typically run from 5:30 PM until 9:30 PM Monday through Friday. Games run on Saturdays typically between 9:00 AM until 5:00 PM. Baseball typically is active on Sundays from 1:00 PM until 7:00 PM. The typically active spring season ends around Memorial Day. Typical Active Summer Season — Starts June 1 — Baseball All Stars and Travel teams continue to practice and have occasional games. The opportunity of a tournament or two exists at this time. Baseball has activity Monday through Thursday from 5:30 PM until 9:30 PM. Typically on the weekends, the park is open as the teams travel to their tournaments. The typically active summer season ends in mid-July Typical Active Fall Season — Starts July 15 - Football starts in mid-July with practices in the evenings during the week. Baseball and Lacrosse start up in mid-August and follow a similar schedule as the spring. The typically active fall season ends in mid-November. 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park Exhibit B — Proiected Schedule of Special Events. Fall/Winter 2015 Date Times Event Name # of Fields # of participants Nov. 29 12:OOpm - 5:O0pm Fall D-1 Camp 2 turf fields 75 players Dec. 5 - 6 8:OOam - 6:OOpm Girls Merry Laxmas 2 turf, 1 baseball outfield 70 teams Dec. 12 - 13 8:00am - 5:00pm Boys Merry Laxmas 2 turf fields 40 teams Summer 2016 Date Times Event Name # of Fields # of participants June 1- 2 8:30am - 8:30pm Summer D-1 Camp 2 turf fields 75 players June 13 - 16 9:00am - 12:00pm Girls lax youth camp 2 turf fields 150 players July 11- 14 9:OOam - 12:O0pm Girls lax youth camp 1 turf field 150 players Summer 2016 practice Dates 31 -May 2 turf fields 5:30pm - 8:30pm 8 -Jun 2 turf fields 5:30pm - 8:30pm 9 -Jun 2 turf fields 5:30pm - 8:30pm 14 -Jun 2 turf fields 5:30pm - 8:30pm 15 -Jun 2 turf fields 5:30pm - 8:30pm 22 -Jun 2 turf fields 5:30pm - 8:30pm 29 -Jun 2 turf fields 5:30pm - 8:30pm 6 -Jul 2 turf fields 5:30pm - 8:30pm 12 -Jul 1 turf field 6:30pm - B:OOpm 13 -Jul 1 turf field 6:30pm - 8:00pm 15-PRO5 FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park HOME OF'TWE BEST QUALMY OF LIFE N GEORGIA' MILTO N)� SAMPLE CONCESSION CONTRACT AGREEMENT This Agreement (the "Agreement") is made and entered into this _ day of , 2015, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), and among, (Lessee) a Georgia corporation with its principal place of business located at (hereinafter referred to as the "Contractor"). The above individual agrees to abide by all rules and regulations set forth for the concession stand operations at Bell Memorial Park for calendar year 2015 and 2016 with two possible extensions, (2017 and 2018 if agreed upon by both parties), the City of Milton Parks and Recreation Department and lessee agree to abide by the following rules and regulations: Lessee must provide the City of Milton with proof of liability insurance in the amount of at least $1,000,000 in personal injury and property damage and name the City of Milton as an additional insured. 2. It is the responsibility of the lessee to use equipment provided by the City of Milton in a responsible and careful manner and to provide any additional equipment required to provide the services associated with the concession stand operations. 3. The Concession Stand will be kept clean by the lessee, including properly disposing of trash at least once each day and as required to maintain a clean operating environment. 4. Lessee will be responsible for scheduling staff, stocking concessions and maintaining the security of the stand with lights out at the end of daily operations. 5. Lessee must follow Fulton County Georgia Department of Health and Wellness guidelines for operating the concession stand and surrounding area. 6. Lessee will limit the access to the facility to the designated hours of operation and shall provide sufficient staff to work the stand during operating hours. 7. Lessee agrees to abide by all rules, regulations and ordinances as they relate to use of park property, including the use of tobacco products and alcoholic beverages. 8. Lessee is responsible for all damages and cost of all repairs in the concession area that are attributed to concession stand operations. 9. Lessee must open the concession stand for all tournaments and regular season games (Including playoffs and make up games) scheduled by the City of Milton Parks and Recreation Department. The lessee is encouraged but not required to be open for practices during the week. 10. Lessee is forbidden to change any concession stand locks without the written permission of the Director of Parks and Recreation and/or his designee. 11. Lessee must act in accordance with the terms set forth by the contract between the City of Milton and The Coca-Cola Company and all of The Coca-Cola Company's subsidiary and affiliated 15-PRO5 FY15 Milton Parks and Recreation Concession Operations for Bell Memorial Park —I= companies. 12. The City of Milton will not be held liable for the damage or loss of equipment, food, beverage or sundry products. 13. Any sub -leasing of the concession stand must be pre -approved by the City of Milton Parks and Recreation Department in writing. Groups or individuals sub -leasing the facility must agree to all terms set forth in this contract. 14. Any violation of the terms set forth in this contract will result in the loss of concession privileges and the termination of this contract. 15. Contract must be signed and on file with the City of Milton Parks'and Recreation Department prior to the concession stand being opened. 16. Lessee agrees to pay the City of Milton the sum of $ per month and/or % of gross revenues for the extent of this contract. City of Milton Date: 27 Date: EXHIBIT "A" REQUEST FOR PROPOSAL 28 EXHIBIT "B" RESPONSE FROM CONTRACTOR 29 EXHIBIT "C" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON being first duly sworn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of XXXXXXXXX (the "Proposer") that has submitted the attached Propasal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of (4) Neither the said Proposer nor any.of.;its officers; partners,, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in anway eollude&conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm,or person to sulirrit a collusive or sham Proposal in connection with the Contract°for which the attacle&Proposal has been submitted to or refrain from proposing in connection with such Contract; or has in any collusion or communication or conference with any other Proposer, firm or person to fii the.price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or anyperson interested in the'propose&Contract; and, (5) The price or prices quoted in the. attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unla, f41`agreement on the part of the Proposer or any of its agents, representatives, owners, employees, :or parties ii interest, including this affidavit. (6) Proposer has.not directly or indirectly: violated O.C.G.A. § 36-91-21(d). Signature.ofAuthorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 20 Notary Public My Commission Expires Date 30 (SEAL) EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the°physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the' undersigned contractor will contract for the physical performance of services in satisfaction of -such contract only ;with subcontractors who present an affidavit to the contractor with the information, re 3uired,by O: '..Q.A. § 13-10-91(b) : Contractor hereby attests that its federal work as follows: eVerify Number Date of Authorization Name of Contractor Name of of authorization are declare under penalty of perjury that the g is true and correct. i on 201_ in (city), state). of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent Name of?:ublic Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 31 EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with 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-V\erify, 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 , erformance 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 indersigned subcontractor wiltforward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub_subcontractor has, received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor mustforward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization:user,;identification number and date of authorization are as follows: eVerify Number Date of Authorization Click here to enter"I Name of Subcontractor Name Name of under penalty of perjury that the and correct. ;d on , _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: Addendum #1 Answers to Questions 1. Coca-Cola is the approved beverage for the contractor that must be used. All Coca-Cola products are owned by the City. Can you provide our cost for the Coke products? Answer: Sodas will have a cost of $.97 per unit; Powerade products will have a cost of $.83 per unit; Dasani Water will have a cost of $.58 per unit; Gold Peak Tea will have a cost of $1.11 per unit; Minute Maid Juices will have a cost of $.68 per unit; and Monster Energy products will have a cost of $1.33 per unit. 2. Due to health and fire code standards there may not be any cooking allowed in the building. Does this include popcorn? Answer: There will be a microwave oven and that may be used for popcorn. 3. The City owns certain equipment that is available for use from time to time if the Contractor so desires. What equipment is available? Ice maker? Refrigerator (other than Coke)? Freezer? Coffee brewer? Answer: There will be an Ice Maker, a combination Refrigerator/Freezer and a machine for making snow cones. There is no coffee maker provided. EXHIBIT c 20 HOME OF iH1 <-S, G •.U;,i - CF [ IFF =ORv't PROPOSALJILJ T , REQUEST FOR ESTABLISHED 2006(THIS IS NOT AN ORDER) RFP dumber: RFP Title: 15-PR05 Milton Parks and Recreation Concession Operations for Bell Memorial Park RFP Due Date and Time: ___T October 8, 2015 @ 2:00pm local time ISSUING DEPARTMENT INFORMATION Procurement Office Contact: Issue Date: Honor Motes September 9, 2015 City of Milton Name of Company or Firm 13000 Deerfield Pkwy, Suite 107F Phone: 678-242-2500 Milton, Ga. 30004 Website: www,cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: City of Milton Bid Number: 15-PR05 Attn: Honor Motes, Purchasing Office Name of Company or Firm 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Special Instructions: Deadline for Written Questions September 28, 2015 @ 5:OOPM Email questions to Honor Motes at �c�nor<mc�tes�>eaty€�f�t€�n�a. ass OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: L") C' �yICN Y �x,sebc;il , I LC_ br?_ r r,-, C Ckt''\fir tl GA 3Dji Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: O 1R' q N-1 ft'�" (V aE 5- Offeror Federal I.D. Number: Offeror E-mailAddress: CA a , OFFERORS MUST RETURN THIS COVER SHEET MTH<R'FP RE,�i�OMS�E 15-PRO5 FY15 Milton Parks and Recreation Concession Operations for Bell Memorial Park I—_ SECTION 5: PROPOSAL I HOME OF- -7,1— M ]'To f L1, N ESTABLISHED 27 MUST BE RETURNED WITH PROPOSAL c SEPARATE ENVELOPE One (1) original and four (4) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors proposal shalt be signed by an authorized agent of the company. There is no maximum page limit to section 5.0. PrintlType Company Name Here: 15-PR05 FY15 Milton Parks and Recreation Concession Operations for Bell Memorial Park4 LLQ lO1Country Acres Lane Canton GA. 30115 678-977-0255 Thank you for the opportunity to bid on your RFP. Please see attached information regarding the bid for RFP Number: I5-PR05 Milton Parks and Recreation Concession Operations for Bell Memorial Park Best Regards, ` Brenda Cormier References David Caniemy - City nfCanton, Boling Park _67Q -773-[l573 Troy Hutchinson Birmingham United Methodist Church _baseball field _77A -33O -749[l ' Borland—tournaments afBoling and BUMC-77O-71O-67O7 Curtis Ham�y — tournaments at Boling and BUMC — 410-440-6487 LiabilitV Insurance and Food SafetV Certificate This will be provided prior to start of operations with whoever we need to add as extra insured. 1S-PRU5RFP Milton Parks and Recreation Concession Operations for Bell Memorial Park Contractual Entity Responsible for Contract Wanna Play Baseball, LLC Brenda Cormier 101 Country Acres Lane Canton, GA 30115 678-977-0255 Proposed Monthly Rent 5% of gross monthly sales to be payable to City by the 10'h of each month. Experience We have been in the food service business since 1994 when we opened our first coffee kiosk in Philadelphia. Below is a timeline of locations owned and operated. In 2004 we moved to GA while still maintaining a successful business in PA. In 2013 we sold our last location in Philadelphia. In 2011, we began Wanna Play Baseball, which is a youth baseball organization. As part of the organization, Brenda Cormier ran the concession stands at the various tournaments hosted by Wanna Play Baseball at Boling Park and Buffington Ball Fields in Canton as well as Birmingham United Methodist Church Ball field in Milton. 1994— 2011, Children's Hospital of Philadelphia, Cafe Soleil, Philadelphia. PA owner coffee kiosk 1996— 2012, Pennsylvania Hospital, Cafe Soleil, Philadelphia, PA owner coffee kiosk 1996 — 2009, Hershey Medical Center, Cafe Soleil, Hershey, PA owner coffee kiosk 2000-2013, Health Science Center, Cafe Soleil, Philadelphia, PA owner coffee shop 2006 — 2011, Muffins To Go, Philadelphia, PA owner wholesale bakery and distribution 2011— present, Wanna Play Baseball, LLC owner youth baseball and operator of concession stands Boling Park, Buffington and Birmingham United Methodist Church Baseball Fields We have not been in any litigation or are in default of any loan obligations. 15-PRO5 RFP Milton Parks and Recreation Concession Operations for Bell Memorial Park WPB, LLC Approach Our approach is simple, we want to provide the best customer friendly business we can with these bullet points as being our keys: 1. Provide friendly staff to support customers 2. Provide good food and beverages 3. Create safe/ clean environment We will always be sure the stand is properly staffed. There will be a minimum of 2 employees covering each shift. One of the owners will be working as well or checking in often. We see this as a good opportunity for high school and college school students as well as local community representatives. Hamburger $3.00 Cheeseburger $3.50 Bacon Cheese Burger $4.50 Hot Dog $2.00 Chili Dog $3.00 Chili Cheese Dog $4.00 Chili $2.00 Nachos with Cheese $3.00 Nachos with Chili and Cheese $4.00 15-PRo5 RFP Milton Parks and Recreation Concession Operations for Bell Memorial Park WPB, LLC Pickles $1.00 Popcorn $1.00 Beef Jerky $3.75 Candy $1.25 Fruit Snacks $1.00 Granola Bars/Protein Bars $1.00 Trail Mix $2.00 Gum 3 for .25 Cookies $1.00 Chips $1.00 Snow Cone $2.00 Breakfast Sandwich $3.00 We are open to any other items you would like to see listed Drinks / Coke Products Bottled Soda $2.00 Powerade $2.00 Bottled Water $2.00 Monster Energy Drinks $3.00 Gold Peak Tea $2.50 Minute Maid Juices $2.00 Hot Chocolate $1.00 $2.00 Hot Coffee $1.50 $2.00 Iced Coffee $1.50 $2.00 15-PR05 RFP Milton Parks and Recreation Concession Operations for Bell Memorial Park WPB, LLC As Jim Craig said in his July 27 video, "this isn't your typical concession stand". We would like to offer espresso drinks. Cappucinno/Lattes $3.00 $3.75 Hot or iced Steamers $2.50 $3.25 Lattes without the coffee Mocha $3.50 $4.25 Vanilla Latte $3.50 $4.25 Hazelnut Latte $3.50 $4.25 Caramel Latte $3.50 $4.25 Rocky Road Mocha $3.75 $4.50 Milky Way Mocha $3.75 $4.50 Almond Joy Latte $3.75 $4.50 Butter Finger Latte $3.75 $4.50 Game Official Food and Beverage Program We would give game officials free water and offer food for % price. 15-PR05 RFP Milton Parks and Recreation Concession Operations for Bell Memorial Park WPB, LLC City of Milton Disclosure Form Attached City of Milton Proposal Letter Attached Acknowledgement Receipt of Addendum #1 Attached Closing Statement In closing we would like to thank you for offering us the opportunity to bid on your concession stand. Please feel free to contact us if you have any further questions. Rich &. Brenda Cormier Wanna Play Baseball, LLC 15-PR05 RFP Milton Parks and Recreation Concession Operations for Bell Memorial Park WPB, LLC HOME OF "NF 5F`z-'1 !N: y FO ESTABLISHED 2006 �Uy My IN 11i so M N KU '140 01 IN"I V V., a T1 U= This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Contractor U,� V -V Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value el Description Please list any family member that is currently (or has been employed within the last 12 months) by the City" of Milton and your relation: 07' 15-PRO5 FY 15 Milton Parks and Recreation Concession Operations for Bell Memorial Park Man -OME OF L ON ESTABLISHED2006 City of PTIDPOS4LLEI-r—F-T (Bidder to signandreturn withproposaz We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (15-PR05 Milton Parks and Recreation Concession Operations for Bell Memorial Park) It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq, have not been violated and will not be violated in any respect. Authorized Signature 12 r - '� 1 SJ2� Date 1 o Print/Type Name -Br e -n6 ci C -c r r , at_0 Print/Type Company Name Here �-Zc R cNrA tity e b i -J l . L_ L. OL 15 -PROS FYI Milton Parks and Recreation Concession Operations for Bell Memorial Park AN,PS ACKNOWLEDGEMENT RECEIPT ADDENDUM RFP ,# Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email:�oo� emoe��'.c i €�fit€anan� I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ac-\nc\ P 1 r, � -RCS c a 1� # L LC - CONTACT PERSON: 1..0 r (n -tk (' ADDRESS: t \ C'.(:iUC1 C t( Nc_Y e,& LrN CITE': STATE: G A ZIP: -:SQ 116 PHONE: b �I ` I - CJ ? FAX: EMAIL ADDRESS: � ►'-ct" d n 0-o rnn lie / 6 f, C- -+ ; aE+ a aiLmaa_�ti do1-II1,15- Signature Date ADDENDUM #1 RFP 15 -PROS Addendum #1 Pagel of 2 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: Questions and Answers 1. Coca-Cola is the approved beverage for the contractor that must be used. All Coca-Cola products are owned by the City. Can you provide our cost for the Coke products? Answer: Sodas will have a cost of $.97 per unit; Powerade products will have a cost of $.83 per unit; Dasani Water will have a cost of $.58 per unit; Gold Peak Tea will have a cost of $1.11 per unit; Minute Maid Juices will have a cost of $.68 per unit; and Monster Energy products will have a cost of $1.33 per unit. 2. Due to health and fire code standards there may not be any cooking allowed in the building.. Does this include popcorn? Answer: There will be a microwave oven and that may be used for popcorn. 3. The City owns certain equipment that is available for use from time to time if the Contractor so desires. What equipment is available? Ice maker? Refrigerator (other than Coke)? Freezer? Coffee brewer? Answer: There will be an ice Maker, a combination Refrigerator/Freezer and a machine for making snow cones. There is no coffee maker provided. RFP 15-PR05 Addendum #1 Page 2 of 2 Sadler Sports: SODA DATE (MM/ DD/ YYYY) scc�r CERTIFICATE OF LIABILITY INSURANCE 01/16/2015 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: [fine 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 CONTACT NAME: Sports Dept PHONE (A/ C, No. Ext): 800-622-7370 1 FAX (Al C, No): 803-256-4017 SADLER & COMPANY, INC. P.O. BOX 5866 COLUMBIA, SOUTH CAROLINA 29250-5866 E. MAIL ADDRESS: soda@sadlersports.com PRODUCER CUSTOMER ID#: INSURED INSURER(S) AFFORDING COVERAGE NAIL# D/ B/ A SPORTSPLEX OPERATORS AND DEVELOPERS ASSOCIATION WPB Inc. INSURER A: NATIONAL CASUALTY COMPANY INSURER B: NATIONWIDE LIFE INSURANCE COMPANY 101 Country Acres Lane INSURER C: Canton, GA 30115 Club #:25170 INSURER D: COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MMI DDI WW) (MMI DDI YYYY) A GENERAL LIABILITY ®COMMERCIAL GENERAL LIABILITY ❑CLAIMSMADE OCCUR ❑ — EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES $1000000 (Ea occurrence) Cl KR00000004980900 12:01AM ET 0210112015 12:01AM ET 02/01/2016 MEDICAL EXPENSES (other than $5,000 participants) GEN'L AGGREGATE LIMIT APPLIES PERSONAL & ADV INJURY $2,000,000 PER: GENERAL AGGREGATE NONE ❑POLICY ❑PROJECT ❑LOC PRODUCTS-COMP/OP AGG $2,000,000 ❑OTHER LEGAL LIAB TO PARTICIPANTS $2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea ❑ANY AUTO Accident) BODILY INJURY (Per person) E]ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) ❑ HIRED AUTOS PROPERTY DAMAGE (Per accident) ❑ NON- OWNED AUTOS ❑UMBRELLALIAB ❑OCCUR EACH OCCURRENCE n/a ®EXCESSLIAB ❑CLAIMS -MADE DEDUCTIBLE n/ a n/ a n/ a —" AGGREGATE F1 RETENTION WORKERS COMPENSATION E] PER STATUE AND EMPLOYERS' LIABILITY ANY PROPRIETOR / ❑OTHER E.L. EACH ACCIDENT PARTNER/EXECUTIVE Y/N OFFICER/MEMBER ❑ EXCLUDED? N/A E.L. DISEASE - EA EOMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF E.L. DISEASE -POLICY LIMIT OPERATIONS below B PARTICIPANT ACCIDENT JXS0000026676300- 12:01AM ET 12:01AM ET EXCESS MEDICAL 1$100,000 I Y 02/01/2015 I 02/0112016 AD&, 1$5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability policy, if Included above, is part of the ERS Risk Purchasing Group Association, Inc. RE: COVERED Team(s) - Youth - Accident & General Liability Baseball - 5 Team(s) - [Maximum 18 players per team] Team Names: WPB Chargers 14U, WPB Chargers 12U, WPB Chargers 9U, WPB Braves 14U, WPB Braves 16U (Accident Package Youth Team: $100,000 Excess Medical; $5,000 Accidental Death or Dismemberment; $250 per claim deductible) (General Liability Package Youth Team: $2,000,000 Each Occurrence; $2,000,000 Legal Liability to Participants (soccer, lacrosse, inline hockey, street hockey— brain injury provision: $4,000,000 aggregate per insured, defense inside the limits.) Waiver/ Release Recommended) NOTE: The Participant Accident policy, if included above, is not a part of the ERS Risk Purchasing Group Association, Inc. CERTIFICATE HOLDER CANCELLATION EVIDENCE OF COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (company A) AUTHORIZED REPRESENTATIVE (company B) 109-414 -.r_! —i Coverage is only extended to U.S. events and activities NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas. ACORD 25 (2014101) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "C" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON being first duly sworn, deposes and says that: (1) He is I-\ rti L C ; ,-f--� u r (Owner, Partner, Officer, Representative, or Agent) of XXXXXKXXX (the "Proposer") that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). Signature of Authorized Officer or Agent R't�11CkCV U, C " A k C I"' Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF '�_�F Y , 20 Nota Public - -'I (SEAL) My Commission Expires _ I Date 21 M I TC�����i �o-fAqy �� 0 .�;4SER lr 0 1111111 EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number 111ac D Date of Authorization Wanna Play Baseball, Inc. Name of Contractor Concession Stand Operations Name of Project City of Milton Name of Public Employer 22 I hereby declare under penalty of perjury that the foregoing is true and correct. I Executed on C c-+- LC, 2015 Lun`(c in �ty), C� (state). Sioature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ? DAY OF NOTARY UBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT 1 1 ' 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 Wanna Play Baseball, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor Concession Stand Operations Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201_ in (city), (state`). iV Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201—. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 9, 2015 FROM: City Manager AGENDA ITEM: Approval of a Lease Agreement with Pitney Bowes, Inc. for Mailing Equipment. MEETING DATE: Monday, November 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: PPPROVED CITY A TTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CI TY ATTORNEY PLACED ON AGENDA FOR: REMARKS K) APPROVED O NOTAPPROVED () NO () NO O NOTAPPROVED II. I(, 1s 1,4 91 Your Green'` PHONE: 678.242.2500 1 FAX: 678.242.2499 ` c«Y„t info@cityofmiifonga.us I www.cityofmlltonga.us << Community `h;” 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on November 9, 2015 for the November 16, 2015 Regular Council Meeting Agenda Item: Approval of Lease Agreement with Pitney Bowes, Inc. for Mailing Equipment Department Recommendation: Approve the agreement as presented. Executive Summary: The current lease agreements with MailFinance, Inc. for a postage machine and a folder/inserter machine expired on September 30, 2015. A renewal agreement was approved at the council meeting on July 20, 2015 under the assumption that the contract team for MailFinance agreed to the contract as written. It was later determined that was not the case and, after repeated attempts at trying to come to a solution, it was decided that we would move forward with a different vendor. I am confident the lease agreement currently being presented with Pitney Bowes, Inc. will fully satisfy our needs and is comparable, if not better than, what MailFinance was offering. Funding and Fiscal Impact: Funding is budgeted and is less than the previous lease amounts. It will be $264.00 per month. Alternatives: Reject the agreement and request bids from other companies. Legal Review: Elizabeth Whitworth– Jarrard & Davis (11/3/15) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Statewide Contract No. SWC 90791, Mailing Equipment/Lease Agreement with Pitney Bowes, Inc. STATE OF GEORGIA STATEWIDE CONTRACT NO. SWC 90791 MAILING EQUIPMENT STANDARD LEASE AGREEMENT Statewide Contract #: SWC 90791 Solicitation #: N/A Solicitation Title: Statewide Procurement of Mailing Equipment Contractor’s Full Legal Name: Pitney Bowes Inc. State Entity Name: City of Milton State Entity Billing Address: 13000 Deerfield Pkwy, Suite 107F Milton, GA 30004 WHEREAS, the Georgia Department of Administrative Services (“DOAS”) on behalf of the State of Georgia (the “State”) established the above referenced Statewide Contract by and between DOAS and Contractor; WHEREAS, DOAS and Contractor amended the Statewide Contract to provide that all new leases entered into on or after the effective date of the amendment shall be on the Standard Lease Agreement agreed to by DOAS and Contractor; WHEREAS, the State Entity desires to lease equipment from Contractor in accordance with the terms of the Statewide Contract and this Standard Lease Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. EQUIPMENT AND SERVICES. Pursuant to the terms and conditions of the Statewide Contract, Contractor agrees to lease to State Entity the Equipment identified in the Equipment Schedule attached hereto as Attachment 1 and incorporated herein by reference (collectively and individually, the “Equipment”). The Equipment Schedule may be amended to include any additional Equipment added hereto by written agreement of both parties. In addition, Contractor agrees to provide to the State Entity the installation and maintenance and other services described in the statewide contract. 2. ORDER OF PRECEDENCE. The contractual relationship between Contractor and the State Entity shall be governed by the following order of precedence: (i) the provisions of the Statewide Contract and (ii) the provisions of this Standard Lease Agreement, including all exhibits attached hereto and incorporated into this Standard Lease Agreement. 3. TERM AND RENEWAL. The initial term of this Standard Lease Agreement shall begin on the 2 Effective Date and end on September 30th of the then-current State fiscal year (October 1 – September 30). Thereafter, the Standard Lease Agreement may be renewed at the sole discretion of the State Entity on a year-to-year basis (one year at a time) for the period of time identified in Attachment 1. State Entity may, at its sole option, renew as to all of the Equipment and Services to be provided hereunder or as to only selected Equipment and Services. The terms and conditions of this Standard Lease Agreement shall apply during any and all renewals. 4. SHIPPING, DELIVERY AND RETURN. Contractor shall pay for packing, crating, and shipping of the Equipment to and from the State Entity and shall install the Equipment at the State Entity’s premises at no cost to the State Entity. Shipment/Delivery shall be FOB: Destination. Unless title to the Equipment is transferred to the State Entity as provided below, Equipment will be returned in the same mode of shipment unless otherwise mutually agreed upon. Equipment will be returned in the same condition as received, normal wear and tear excepted. 5. PAYMENT AND ACCEPTANCE. State Entity agrees to pay Contractor in arrears for all undisputed amounts within thirty (30) days of receipt of an undisputed invoice, provided that the Equipment and Services have been accepted by the State Entity as hereinafter provided. Contractor shall not invoice State Entity in advance of Contractor’s deliverance/performance of the items and/or services that are the subject of the invoice. Contractor shall deliver the Equipment and/or perform any Services in accordance with the schedule set forth in the Statewide Contract or the time specified in Attachment 1 (whichever is later). Unless otherwise agreed to by Contractor and the State Entity, Contractor shall provide written notification of completion of the delivery, or other performance of Services, to the State Entity (“Delivery Notice”). State Entity shall have thirty (30) days from the date of receipt of the Delivery Notice to provide Contractor with written notification of acceptance or rejection due to unsatisfactory performance (“Acceptance Period”), and in the event of acceptance by the State Entity, the obligation to pay shall be effective on the first (1st) day of the Acceptance Period. The failure of the State Entity to issue an acceptance or rejection notice on or before the end of the Acceptance Period shall be deemed an acceptance of the Equipment or Services. In the event State Entity issues a rejection notice, Supplier shall, as quickly as is practicable, correct at its expense all deficiencies caused by Contractor. State Entity shall not unreasonably withhold or delay such acceptance or rejection. 6. TERMINATION. Termination of this Standard Lease Agreement shall be governed by the following provisions: a. Each party has the right to terminate this Standard Lease Agreement if the other party breaches or is in default of any material obligation hereunder which default is incapable of cure, or which, being capable of cure, has not been cured within thirty (30) days after receipt of notice of such default (or such additional cure period as the non-defaulting party may authorize). b. Provided that Contractor is in default of this Standard Lease Agreement, State Entity may terminate this Standard Lease Agreement, in whole or in part, by written notice to Contractor if Contractor becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any 3 bankruptcy or insolvency law, whether domestic or foreign, or has wound up or liquidated, voluntarily or otherwise. c. State Entity may terminate this Standard Lease Agreement, in whole or in part, immediately, without notice, if: (i) State Entity deems that such termination is necessary to prevent or protect against fraud or otherwise protect State Entity’s personnel, facilities or services; or (ii) Contractor is debarred or suspended from performing services on any public contract(s). d. Upon the termination or expiration of this Standard Lease Agreement, Contractor shall promptly return to State Entity all papers, materials and other property of State Entity then in its possession, including but not limited to all work in progress as is appropriate in its then-existing form (in object code and source code to the extent such work is composed of software, and in machine-readable and printed formats to the extent such work is composed of documentation). e. If State Entity terminates this Standard Lease Agreement for convenience prior to the expiration of the current fiscal year term, or if Contractor terminates this Standard Lease Agreement as set forth in subsection (a) above, then State Entity will be responsible for the payment of all amounts remaining in the unexpired portion of the current term, plus any unpaid invoices unless those invoices are in dispute. 7. FUNDING. The parties acknowledge that institutions of the State of Georgia are prohibited from pledging the credit of the State. If the source of payment for the charges payable hereunder no longer exists or is determined to be insufficient, this Standard Lease Agreement shall terminate without further obligation of the State Entity as of that moment. The determination of the State Entity as to the occurrence of the events stated herein shall be conclusive; State Entity represents, however, that it will use reasonable care that the termination of this Standard Lease Agreement will not be frivolous, but rather will result from a reduction of funding. 8. TAXES. All fees payable to Contractor hereunder shall be net of any and all taxes that the Contractor may be required by law to collect in connection with the provision of the Services hereunder. Contractor shall be solely responsible for the payment of any and all taxes lawfully imposed upon it, including but not limited to taxes on property owned, leased or used by Contractor; franchise or privilege taxes on Contractor’s business; gross receipts taxes to which Contractor is subject; and income taxes. By this paragraph, neither DOAS nor the State Entity makes any representation whatsoever as to the liability or exemption from liability of Contractor to any tax imposed by any governmental entity. Upon request, State Entity will provide a certificate of tax exemptions which apply to this Standard Lease Agreement. 9. ASSIGNMENT. Contractor shall not assign or subcontract the whole or any part of this Standard Lease Agreement. 10. WAIVER AND SEVERABILITY. The waiver by State Entity of any breach of any provision contained in this Standard Lease Agreement shall not be deemed to be a waiver of such provision on any subsequent breach of the same or any other provision contained in this Standard Lease Agreement. Any such waiver must be in writing in order to be effective, and no such waiver or waivers shall serve to establish a course of performance between the 4 parties contradictory to the terms hereof. All provisions of this Standard Lease Agreement are severable, and the unenforceability or invalidity of any of the provisions will not affect the validity or enforceability of the remaining provisions. The remaining provisions will be construed in such a manner as to carry out the full intention of the parties. Section titles or references used in this Standard Lease Agreement have no substantive meaning or content and are not a part of this Standard Lease Agreement. 11. APPLICABLE LAW AND VENUE. This Standard Lease Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia, U.S.A., without regard to its conflict of laws principles. Any lawsuit or other action based on a claim arising from this Agreement shall be brought in a court or other forum of competent jurisdiction within Fulton County, Georgia. 12. NOTICES. All notices, requests, or other communications excluding invoices hereunder shall be in writing and either transmitted via overnight courier, electronic mail, hand delivery or certified or registered mail, postage prepaid and return receipt requested to the parties at the following addresses. Notices will be deemed to have been given when received. STATE ENTITY CONTRACTOR Name: City of Milton Pitney Bowes, Inc. Title: Title: Lessor Address: 13000 Deerfield Pkwy, Suite 107F Milton, GA 30004 Address: 5607 Glenridge Dr Atlanta, GA 30342 Email Address: stacey.inglis@cityofmiltonga.us Email Address: mitch.cummings@pb.com 13. TIME IS OF THE ESSENCE. Time is of the essence with regard to performance of any services under this Standard Lease Agreement, unless the parties agree otherwise in writing. 14. TITLE AND RISK OF LOSS. Any leased Equipment is and shall at all times remain the sole property of the Contractor, and the State Entity shall have or acquire no right, title or interest therein. All risk of loss or damage to the Equipment, including risk of transit, shall remain with the Contractor until it is accepted by State Entity in accordance with Section 5 above. Insurance during shipment and until the Equipment is accepted by State Entity is the responsibility of the Contractor. 15. ENTIRE AGREEMENT. This Standard Lease Agreement, including all Exhibits and documents incorporated hereunder, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. No amendment to this Agreement shall be valid unless made in a writing of equal dignity and signed by both parties. No representation, request, instruction, directive or order, made or given by any official of State Entity or of any agency of the State of Georgia, whether verbal or written, shall be effective to amend this Standard Lease Agreement or excuse or modify performance hereunder unless reduced to a formal amendment and executed as set forth 5 above. Contractor shall not be entitled to rely on any such representation, request, instruction, directive or order and shall not, under any circumstances whatsoever, be entitled to additional compensation, delay in performance, or other benefit claimed for relying upon or responding to any such representation, request, instruction, directive or order. [SIGNATURE PAGE TO FOLLOW] 6 IN WITNESS WHEREOF the parties have executed this Standard Lease Agreement effective the date first written above. CONTRACTOR Contractor’s Full Legal Name: (PLEASE TYPE OR PRINT) Pitney Bowes, Inc. (Lessor) Authorized Signature: Printed Name & Title of Person Signing: Mitchell Cummings Date: Company Address: 5607 Glenridge Dr Atlanta, GA 30342 STATE ENTITY State Entity’s Full Legal Name: (PLEASE TYPE OR PRINT) City of Milton Authorized Signature: Printed Name & Title of Person Signing: Date: Company Address: 13000 Deerfield Pkwy, Suite 107F Milton, GA 30004 7 Attachment 1 36 MONTH LEASE TERM/EQUIPMENT SCHEDULE EQUIPMENT/SERVICES DESCRIPTION Manufacturer & Model Name: Accessories: Services/Maintenance: Additional Description (if any): 36 MONTH LEASE TERM Total Lease Term: 36 MONTHS Initial Term: First Renewal: Second Renewal: Final Renewal: Monthly Payment Amount: *The Date of State Entity Acceptance shall be the date that the State Entity accepts delivery of a machine, which is operational and complies with the terms and conditions of this lease agreement and the Statewide Contract. DELIVERY ADDRESS & STATE ENTITY CONTACT State Entity Contact Name: Phone Number: Email: State Entity Delivery Address: Delivery Date: 8 Attachment 1 48 MONTH LEASE TERM/EQUIPMENT SCHEDULE EQUIPMENT/SERVICES DESCRIPTION Manufacturer & Model Name: Accessories: Services/Maintenance: Additional Description (if any): 48 MONTH LEASE TERM Total Lease Term: 48 MONTHS Initial Term: Date of State Entity Acceptance* through June 30, [Insert Year for End of Current Fiscal Year] First Renewal: July 1, through June 30, Second Renewal: July 1, through June 30, Third Renewal: July 1, through June 30, Final Renewal: July 1, through NOTE: The number of months in the final renewal should be calculated based on the number of months remaining to reach a total lease term of 48 months. Monthly Payment Amount: *The Date of State Entity Acceptance shall be the date that the State Entity accepts delivery of a machine, which is operational and complies with the terms and conditions of this lease agreement and the Statewide Contract. DELIVERY ADDRESS & STATE ENTITY CONTACT State Entity Contact Name: Phone Number: Email: State Entity Delivery Address: Delivery Date: 9 Attachment 1 60 MONTH LEASE TERM/EQUIPMENT SCHEDULE EQUIPMENT/SERVICES DESCRIPTION Manufacturer & Model Name: DM400C and 5lb Scale DI200(3) Accessories: Services/Maintenance: Additional Description (if any): 60 MONTH LEASE TERM Total Lease Term: 60 MONTHS Initial Term: Dec 1, 2015 through Sep 30, 2016 First Renewal: Oct 1, 2016 through Sep 30, 2017 Second Renewal: Oct 1, 2017 through Sep 30, 2018 Third Renewal: Oct 1, 2018 through Sep 30, 2019 Fourth Renewal: Oct 1, 2019 through Sep 30, 2020 Final Renewal: Oct 1, 2020 through Nov 30, 2020 NOTE: The number of months in the final renewal should be calculated based on the number of months remaining to reach a total lease term of 60 months. Monthly Payment Amount: $264 *The Date of State Entity Acceptance shall be the date that the State Entity accepts delivery of a machine, which is operational and complies with the terms and conditions of this lease agreement and the Statewide Contract. DELIVERY ADDRESS & STATE ENTITY CONTACT State Entity Contact Name: Stacey Inglis Phone Number: 678-242-2508 Email: stacey.inglis@cityofmiltonga.us State Entity Delivery Address: 13000 Deerfield Pkwy, Suite 107F Milton, GA 30004 Delivery Date: Dec 1, 2015 Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) 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 (name of public employer) 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: 37259 Federal Work Authorization User Identification Number 10/08/2009 Date of Authorization Pitney Bowes, Inc. Name of Contractor N/A Name of Project Pitney Bowes, Inc. Name of Public Employer I hereby declare under penalty of perjury -that the foregoing is true and correct. Executed on August 21st 201 144 in Troy (city), NY (state). 9 A — AV_6_ 3't. Signature o Authorized Officer or Agent .Katie tabour, HR Operations Analyst Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME =THISTHE „DAY OF 201q. NOTARY P LIC M3 Commission Expires: S KAREN A. ADELSKA Notary Public, State of New York No. 01 AD5011860 oualified in Rensselaer Co. Commission Expires June 15 �� 24 HOME OF' THE BEST QUALITY OF I-IFl IN GEORGIA.' I LTO N*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Create a Conservation Subdivision — Chapter 50, Article V of the City Code of Milton. MEETING DATE: Monday, November 16, 2015 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 ONO CITY ATTORNEY REVIEW REQUIRED: VYES () NO APPROVAL BY CITY ATTORNEY KAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 115 REMARKS © 10 Ynu j - PHONE, 578.242.25001 FAX: 678.242.2499Green Cernfied ap100 L, infoC�cityofmiltonga.us I www.cityofmiitonga.us M)LIH COin11 Unit � y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted November 10, 2015 for December 7, 2015 Mayor and City Council Meeting (First Presentation – November 16, 2015) Re: Consideration of an Ordinance to Create a Conservation Subdivision – Chapter 50, Article V of the City Code of Milton. Department Recommendation: The Community Development Department recommends approval of the proposed attached text amendment. Executive Summary: The Community Development Department initiated the creation of a Conservation Subdivision Ordinance (within Chapter 50, Subdivisions, of the City Code) to provide another tool within the “tool box” for development within the City. The Ordinance was recommended by Professor Tom Daniels of the University of Pennsylvania who authored the “City of Milton Conservation Plan” in September of 2014. The creation of a Conservation Subdivision Ordinance was recommended as one of many methods to conserve land within the City. The process began with Randall Arendt, an expert in conservation subdivision ordinances, conducting a Lecture and Design Workshop on October 13, 2014. Additional meetings and work sessions were held as listed below:  Town Hall Meeting – December 11, 2014  Community Zoning Information Meeting – January 27, and March 24, 2015  Planning Commission Work Session – April 22, 2015  Planning Commission sponsored Public Meetings – May 20, May 30, and June 10, 2015  Planning Commission Meeting with Public Hearing – June 24, 2015  First Presentation at July 6, 2015 Regular Council Meeting)  Discussed at July 13, 2015 City Council Work Session) 2  Discussed at July 20, 2015 Regular City Council Meeting and Deferred to September 21, 2015 Regular City Council Meeting  Discussed at August 20, 2015 Special Called Work Session)  Postponed at the September 14, 2015 Special Called Meeting)  Published on 9/21/2015 Regular City Council Meeting Agenda but not discussed These meetings were well attended by the public and other interested parties with between 50 and 75 people at each of the meetings. The proposed Conservation Subdivision Ordinance (CSO) was written by Mr. Don Broussard of Town Planning & Design, LLC based on staff input, community stakeholders, developers, builders, and other government agencies such as the Georgia Department of Natural Resources, Environmental Protection Division. Staff has received a large amount of input from the community regarding the proposed CSO. Mr. Don Broussard presented the ordinance at the June 24, 2015 Planning Commission. There were approximately 13 speakers who voiced their opinions and concerns regarding the CSO. After hearing from the public and deliberating on the proposed ordinance, the Planning Commission stated unanimously that it was not the right time to recommend approval of a CSO. The Planning Commission further asked that Staff explore amending the AG-1 (Agricultural) district to further assist in the conservation of land within the City. Therefore, the Planning Commission recommended denial of the proposed CSO in a 6-0 vote. Funding and Fiscal Impact: None Anticipated Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments, deny, or withdraw it entirely. Legal Review: Ken Jarrard and Paul Frickey - Jarrard & Davis (June and September, 2015) Concurrent Review: Community Development and Public Works Staff and Milton Grows Green Attachment(s): Text Amendment and Ordinance for Chapter 50, Article V 11/12/201511/10/2015 1 ARTICLE V. – CONSERVATION SUBDIVISION Sec. 50-137. Definitions. Estate lot – a lot with a minimum area of 3 acres that is intended for one principal single-family detached dwelling and may include accessory dwellings and in which a minimum of 50% of the lot area is protected by a conservation easement and no further subdivision of the lot is permitted. Estate lots are a technique for owning and maintaining green space in non-common ownership. House site, means the approximate foot print of an existing or proposed residential building within the buildable area of a lot. Prime farmland means the land best suited to producing food, feed, forage, fiber and oilseed crops as defined in the Soil Survey of Fulton County Georgia (published by the USDA and UGA College of Agriculture Agric. Experiment Station). Prime farmland can now be in cropland, pastureland, woodland or other land uses but not in urban land, built-up land, or in water areas. It is either currently used for producing food or fiber or is available for these uses. Primary Conservation Area means all 100-year regulatory floodplains, wetlands as defined by the US Army Corps of Engineers pursuant to the Clean Water Act, and steep slopes greater than 25 percent gradient on a development parcel. Secondary Conservation Area means lands or structures that are set aside as permanent green space land on a development parcel, excluding Primary Conservation Areas. Subdivision, Conservation means a subdivision that employs the development standards and design principles in chapter 50, article V of the subdivision regulations and in particular, any subdivision which reduces lot sizes in order to provide common area green space that is permanently protected by conservation easement. ”Conservation Subdivision” depending upon the context may refer to the aggregate of lots created in such a development or to the act or process of designing such a development. Subdivision, Major means a subdivision not classified as minor subdivisions, including but not limited to subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extensions of the local government facilities or the creation of any public improvements. Buffer, tree save means an area of land of required width in which all existing trees greater than 2 inches diameter at breast height (DBH) are to remain undisturbed except as provided. 11/12/201511/10/2015 2 Sec. 50-138. Purpose. The purpose of this article is to provide additional flexibility in subdivision design to ensure preservation of green space and to promote and protect the rural character of Milton in those areas and districts so designated in the comprehensive plan and the zoning regulations. The purpose and intent of the Conservation Subdivision regulations also includes the following: A. To implement the Comprehensive Plan and the Conservation Plan (dated 2014) of the City of Milton as adopted and to maintain the low-density and rural character of those areas so designated in those policy documents. B. Prevent flooding, erosion, and water pollution, and protect the quality and quantity of drinking water by providing permanent green space as a measure for nonstructural control of storm water runoff in the watershed of the Little River, a tributary of the Etowah River, and in the watersheds of other streams within the city by preventing over-development. C. To protect those areas of the municipality with prime agricultural soils for their continued or future agricultural use by conserving blocks of land large enough for efficient farm operations. D. To provide green space suitable for raising and keeping horses, for equestrian sports and training, and for riding trails. E. To conserve scenic terrain, natural beauty, and designated view sheds. to create scenic views by reducing the perception of density and maximizing the number of dwellings with direct access to and views of green space. F. To reduce soil erosion and sedimentation by minimizing land disturbance and minimizing the removal of vegetation in residential development. G. To encourage street designs that promote public safety by reducing traffic speeds and promote construction of roads, walks, bike paths, and riding trails within the Conservation Subdivision and that connect to neighboring communities, schools, and businesses to reduce reliance on auto travel and major arterial roads. H. To preserve native vegetation, aquatic and terrestrial wildlife habitat by providing interconnected greenways contiguous to green space in adjacent areas and jurisdictions to enable the safe movement and migration of wildlife. I. Conserve sites of historic, cultural, architectural, or archeological value by placing those sites in green space. J. Promote a less sprawling form of development within the tract proposed for subdivision that encourages a sense of community by providing parks and community facilities that serve as focal points and public gathering places in the neighborhood. 11/12/201511/10/2015 3 Sec. 50- 139. Applicability of Regulations. A. In General Conservation Subdivisions may be approved in any zoning district designated for single-family dwellings. Within the AG-1, R-1, and R-2 zoning districts Conservation Subdivision shall be the preferred method of subdivision. Applicants for Conservation Subdivision shall comply with all other provisions of the zoning ordinance (Chapter 64 of the City Code) and all other applicable ordinances and regulations except those in conflict with the provisions contained herein. B. Options for Major Subdivisions in AG-1, R-1, and R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, and R-5A Zoning Districts In all AG-1, R-1, and R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, and R-5A zoning districts, Conservation Subdivision is the preferred method of subdivision of any tract of land greater than 20 acres in area except as provided in (c) and (d) below. If selected as an option, Conservation Subdivisions in AG-1, R-1, and R-2 zoning districts shall utilize one of the following three design options: 1. Basic conservation design. Basic Conservation Subdivision design provides for residential uses at a density no less than that permitted by the underlying zoning district at a base density of one dwelling per acre. Lands held in conservation easements or other like legal instruments, shall constitute a minimum of 50 % of the tract proposed for subdivision. The flexibly sized lots and layout are intended to work with a community wastewater treatment system located in the most favorable parts of the common area green space; and, with either a public water supply or individual water wells. 2. Estate design. Estate subdivision design provides for rural-suburban residential uses at a lower base density of one principal dwelling on no less than three (3) acres. Such lots may front on new or existing improved public roads or may front on unpaved roads as provided in Sec. 64-416(e). Estate lots shall provide sufficient area of adequate soils for the safe long-term use of conventional on-site septic systems. Estate lots provide adequate area for recreation uses such as swimming pools, tennis courts, decks, paved terraces and equestrian uses. Estate lots shall provide a conservation easement under Sec. 50-147 for 50% permanent green space within each lot to meet the rural character and view shed requirements and objectives of the city of Milton comprehensive plan and conservation plan. Estate lots shall reserve a minimum of 10% of their buildable area for outdoor recreation uses that include, but are not limited to, swimming pools, tennis courts, decks, paved terraces, agricultural out-buildings or equestrian uses. 3. Buffer design. Buffer design provides for subdivisions that are more suburban than rural in character. It allows lots with a minimum one-acre or more in area as needed to meet the dimension and area requirements of the Fulton County department of health for an on-site septic treatment system as required in Sec. 50-159 of the subdivision regulations and Sec. 64-51 of the zoning ordinance. Buffer subdivisions are not required to have 11/12/201511/10/2015 4 green space protected by conservation easements but the lots shall meet increased buffer requirements in order to protect the rural view sheds of adjoining residential uses and to provide adequate natural undisturbed areas consistent with the comprehensive plan. Buffer subdivisions shall provide buffers within each lot that comply with Sec. 50-148 below. C. Use Permit for Conventional Subdivision Development For property with 20 acres or more within the AG-1, R-1 or R-2 zoning districts, an applicant may apply for a use permit per Sec. 64-1547 of the City Code that , if granted will authorize the existing subdivision under the AG-1, R-1, and R-2 zoning districts to develop any subdivision not falling under this Article V. D. Exemption for Large Tract Subdivisions All subdivisions of land zoned AG-1, R-1 or R-2 in which each lot proposed exceeds five (5) acres in lot area and in which no new roads are proposed shall not be subject to Conservation Subdivision design requirements unless the applicant chooses to employ the estate subdivision option. Sec. 50- 140. Submittal Requirements for Conservation Subdivisions. A. Application The application for Conservation Subdivision shall be executed by all property owners. B. Context Map A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For sites under 100 acres, such maps shall be at a scale not less than 1 inch = 200 feet and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1 inch = 400 feet, and shall show the above relationships within 2,000 feet of the site. The features shown on the context map shall include topography, streams, wetland areas, woodlands over one-half acre in area (obtained from aerial photos), ridge lines, public roads and trails as shown on USGS maps or comparable map sources. As an example, a Fulton County GIS map would be acceptable. C. Site Analysis Map The purpose of the site analysis map is to; a) familiarize City staff and officials with the existing and conditions found on and around the site; b) ensure that the important site features have been adequately identified prior to the creation of the subdivision design; and, c) ensure that the proposed green space will meet the requirements of this article. This map shall be submitted 11/12/201511/10/2015 5 prior to the official site visit and shall form the basis for the development design shown on the conceptual plan. The site analysis map shall include the following features: 1. Property boundaries; 2. All streams (perennial and intermittent), rivers, lakes, 100-year floodplains and all required stream buffers; 3. Wetlands that meet the definition of the Army Corps of Engineers under the Clean Water Act; 4. Topographic contours of no greater than 10-foot intervals; 5. All Primary and Secondary Conservation Areas labeled by type, as described in this Article; 6. Vegetation characteristics; 7. Groundwater recharge areas; 8. Significant wildlife habitats, if known; 9. Historic, archeological, and cultural features; 10. Soil map as published by the USDA and the Natural Resources Conservation Service identifying all soils suitable and unsuitable for wastewater treatment and soils classified as prime farmlands; 11. Planned location of protected green space; 12. Existing roads and structures; 13. Potential connections with existing green space and trails; and 14. Identification of surrounding property characteristics and land use. D. Yield Plan The maximum number of lots in the basic Conservation Subdivision design option shall be based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots allowed under the underlying zoning classification. The yield plan is a sketch plan that is not required to meet the formal requirements for a subdivision concept plan, but shall be drawn to scale and reflect a viable build-out given site features and all zoning regulations applicable to a conventional subdivision. The yield plan shall identify the following elements: 1. Rights-of-way of existing public streets and highways, of existing private streets, and rights-of-way of utility lines whether public or private; 11/12/201511/10/2015 6 2. 100-year floodplains; 3. Wetlands that meet the definition of the Army Corps of Engineers under the Clean Water Act; 4. Steep slopes over 25% of at least 5000 square feet contiguous area; 5. Bodies of open water over 5,000 square feet in contiguous area; 6. Extensive rock out-crops; 7. Anticipated right-of-way needs for roads; 8. Areas needed for storm water detention; 9. All proposed lots, their areas, width and frontage; and 10. Topographic contours at 10-foot intervals minimum. E. Sketch Plan A sketch plan of the proposed design may be submitted (see: Sec. 50-140 (d)) by the applicant as a diagrammatic basis for discussion and review to the staff, the Planning Commission, and City Council. Applicants are encouraged to submit a sketch plan. However, the sketch plan is not a formal filing for conceptual plan approval. The sketch plan may be prepared as a simple overlay sheet placed on top of the existing resources map. The sketch plan consists of the following information and elements: 1. Name and address of the legal owner, the equitable owner, and / or the applicant; 2. Name and address of the professional engineer, surveyor, planner, architect, landscape architect, or the site designer responsible for preparing the plan; 3. Graphic scale not greater than 1 inch = 200 feet, (however, dimensions on plan need not be exact) and north arrow; 4. Approximate tract boundaries, sufficient to locate the tract on a map of the community; 5. Location map; 6. Zoning district; 7. Streets existing and proposed both on-site and adjacent; 8. 100-year floodplains. Wetlands that meet the definition of the Army Corps of Engineers under the Clean Water Act required stream buffers; 9. Topographic contours at minimum 10-foot intervals; 11/12/201511/10/2015 7 10. Schematic layout (bubble format is acceptable) identifying areas for development and areas for conservation; 11. Proposed general street and lot layout; and 12. General description of proposed method of water supply, waste water treatment, and storm water management and a schematic layout identifying any proposed drain field locations for wastewater treatment. Sec. 50- 141. Procedure for Review and Approval. A. Pre-Application Meeting A pre-application meeting is required between the applicant, the site designer and the planning staff. The purpose of the pre-application meeting is to review the City’s zoning and subdivision regulations and procedures, to discuss the applicant’s objectives for the site and to schedule site visits, additional meetings, and plan submissions. Applicants must present the context map at this meeting. B. Review of Site Analysis Map Prior to the site visit required in paragraph (c) below, the site analysis map shall be submitted for review to the Director of Community Development and the Director of Public Works. If the site analysis map is found to be incomplete, the reviewer shall provide, in writing, a description of the incomplete or inadequate features required under Sec. 50-139c. The site visit shall be scheduled when adequate changes are made. C. Planning Site Visit The purpose of the site visit is to familiarize local officials, as defined in this paragraph, with the property’s existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of green space and potential locations for proposed buildings and street alignments. The applicant shall schedule a planning site visit to the subject property to obtain advice and assistance prior to preparing a final concept plan of the subdivision for submittal. The site visit shall occur at the site of the proposed Conservation Subdivision, and shall be attended by the applicant, the applicant's designer, community development staff, public works staff, the city arborist, and at least one but no more than three members of the Planning Commission, and at least one but no more than three members of the City Council. The City Manager shall be notified of the date, time and location for the planning site visit and may also attend. A representative from any qualified land trust of the applicant's choosing that is active in the protection of land in the state of Georgia may also be invited to attend the planning site visit. Attendance by abutting residents is encouraged but is at the discretion and invitation of the applicant owner of the property. Non- attendance at the site visit by the Planning Commission or City Council shall not invalidate any portion of the process. 11/12/201511/10/2015 8 The applicant shall distribute copies of the context map and the site analysis map at this on-site meeting. One or more sketch plans, if prepared by the site designer, may also be discussed and reviewed. D. Sketch Plan Submission A sketch plan may be submitted as a diagrammatic basis for informal discussion with the planning officials regarding the design of a proposed subdivision or land development. The purpose of a sketch plan is to provide a mechanism to help applicants and local officials develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features while providing for the density permitted under the zoning ordinance as determined by the yield plan. E. Elevation Drawings The director of community development, the Planning Commission, or the City Council may require submittal of architectural drawings depicting the view of the proposed Conservation Subdivision from any existing or proposed public right of way from which it may be seen. The elevation drawings shall be at an appropriate scale either from an oblique or bird's-eye view or from a view at eye-level. The drawings shall depict proposed dwellings and other structures, green space and the proposed landscape form so that the staff, the City Council, and the public may evaluate the impact and appearance of the project from the public ways of the city. Sec. 50- 142. Four Step Design Process for Conservation Subdivision. All conceptual plans for Conservation Subdivision (basic conservation design, estate design, and buffer design) shall document completion of a four step design process in determining the layout of proposed green space lands, buffers, house sites, streets, and lot lines as described below. A. Step 1: Delineation of Green Space Lands The minimum percentage and acreage of required green space lands shall be calculated by the applicant and submitted as part of the Sketch Plan or Conceptual Plan in accordance with this ordinance. Proposed green space lands shall be designated using the site analysis map as a base map. Green space shall include all Primary Conservation areas and those parts of the Secondary Conservation areas required to be included, as defined herein, and otherwise buildable lands if needed to meet the terms of this ordinance. In delineating Secondary Conservation Areas, the applicant shall consult with Community Development staff on the prioritization of natural and cultural resources on the tract in terms of highest to lowest suitability for inclusion in the proposed green space. Prioritization shall consider the tract’s configuration, its relation to resource areas on neighboring properties, and the applicant’s own subdivision objectives. 11/12/201511/10/2015 9 Secondary Conservation Areas shall be delineated within the proposed green space using those priorities to meet at least the minimum area percentage requirements for green space lands and in a manner clearly indicating their boundaries and the types of resources included. B. Step 2: Location of House Sites Potential house sites shall be tentatively located using the proposed green space lands as a guide as well as other relevant data on the site analysis map such as topography and soils. House sites shall be located not closer than 50 feet from Primary Conservation Areas and Secondary Conservation Areas. C. Step 3: Alignment of Streets and Trails Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards for road design in Chapter 48 and in Chapter 50 of the City of Milton Code of Ordinances and bearing a logical relationship to topographic conditions. D. Step 4: Establishing Lot Lines Upon completion of the preceding three steps, lot lines shall be drawn as required to delineate the boundaries of individual residential lots. Lot lines are drawn as the last step. Lots shall be regular in shape and have the minimum street frontage required by zoning or as provided in these regulations. Reverse frontage lots are prohibited. Sec. 50- 143. Conceptual Plan. After completing the four-step design process, the design shall be consolidated into a proposed conceptual plan for the subdivision. At least one copy of the proposed conceptual plan shall be reproduced at the same scale and size as the site analysis map and on transparent or translucent material so that it may be over-laid upon the site analysis map for accurate comparison. Additional digital copies of the overlay may be required for the City Council members and shall be at a suitable scale and detail to be clearly read. The conceptual plan shall contain the following information, elements, and format: A. Name and address of the legal owner, the equitable owner, and the developer applicant; B. Name and address of the professional engineer, land surveyor, architect, landscape architect, or the site designer responsible for preparing the plan; C. Graphic scale not greater than 1 inch = 200 feet, and north arrow; D. Approximate tract boundaries, adequate benchmarks sufficient to locate the tract on a map of the community and on the state coordinate system; 11/12/201511/10/2015 10 E. Location map; F. Zoning district and district boundaries on the site; G. Streets existing and proposed both on-site and adjacent; H. Streams, stream buffers, and bodies of water, 100-year floodplains, wetlands meeting US Army Corps of Engineers definition under the Clean Water Act; I. Topographic contours at minimum 5-foot intervals; J. Areas designated for conservation and any areas designated for phased development; K. Proposed lot layout and lot areas in square feet; L. Location and description of all existing and proposed structures within green space areas; M. Description of proposed methods of water supply, wastewater treatment, and storm water management including locations for proposed water wells, wastewater treatment facilities and drain field locations; and N. Locations of all required tree save buffers (show on a separate sheet). Sec. 50- 144. Hearings and City Council Approval Required. A. Public Hearings by Planning Commission and City Council Official submittal of a proposed conceptual plan for approval shall include all required accompanying material including any approved permits or permit applications for wastewater treatment. Upon receipt of a complete submittal, the chair of the Planning Commission shall call a public hearing before the Planning Commission to be held no more than four weeks after the date of the completed application. The chair shall call a special meeting of the Planning Commission if necessary. The Director of Community Development shall then set a date for public hearing before the City Council at the next regularly scheduled meeting subsequent to the Planning Commission public hearing except that the date shall be sufficient for the Planning Commission’s recommendation to be conveyed to the City Council. The Director of Community Development shall submit a notice for publication in one newspaper of general circulation to be published at least 15 days prior to the Planning Commission public hearing and mail a notice of both public hearings to all property owners as specified in the zoning regulations. The director shall maintain file copies of the conceptual plan and supporting plans and documents for public review prior to the hearings. The Director of Community Development shall furnish one sign poster per public road frontage to the applicant to be posted by the applicant on each public road in visible locations that adjoin the proposed subdivision property at least 10 days prior to the first public hearing indicating the date, time and place of both public hearings. At the time of the first public hearing, the applicant shall submit an affidavit stating that the applicant has placed the sign poster provided by the Director of Community Development at the locations required above. 11/12/201511/10/2015 11 The Planning Commission shall review the conceptual plan, yield plan and, site analysis map, and may also review other plans and documents, the report of the Director of Community Development and Director of Public Works, any municipal recommendations, and the testimony and exhibits submitted at the public hearing. The applicant shall be advised of any recommended changes to the proposed conceptual plan. The Planning Commission shall by majority vote recommend that the City Council approve, conditionally approve, or deny the conceptual plan. It shall transmit its specific recommendations for modification of the subdivision, if any, to the City Council for consideration. B. Approval by City Council 1. The City Council shall review the conceptual plan, yield plan, site analysis map, and may also review other plans and documents including all wastewater permits or applications, the report of the Director of Community Development and the Director of Public Works, any recommendations by the Planning Commission, and the testimony and exhibits submitted at the public hearings. The applicant shall be advised of any required changes and /or additions to the proposed conceptual plan. 2. The City Council shall consider whether the conceptual plan complies with all provisions of this article, of the subdivision regulations where applicable, the zoning ordinance, and all other applicable laws. In addition, the City Council shall consider whether: a. Provisions have been made for a water supply system sufficient in quantity, dependability, and quality for purposes of health, emergency, and adequate fire protection for the subdivision proposed; b. Adequate provision has been made for wastewater treatment and that such systems will comply with federal, state, and local laws and regulations; c. Adequate areas are allocated to meet the regulations for the long-term collection, management, and treatment of stormwater; d. Adequate safe access is provided to and within the subdivision meeting the standards of these regulations. Where the subdivision abuts a state designated highway, all applicable standards are followed, including the applicable rules of the Georgia Department of Transportation; e. The proposed subdivision is designed to permanently protect all resources designated as primary conservation areas and all those secondary conservation areas of value sufficient to be placed within permanent green space and that the proposed green space is adequate in area, dimensions, and quality sufficient to meet the requirements in these regulations; 11/12/201511/10/2015 12 f. No platting of lots within the subdivision will create any non-conforming lots or increase the non-conformity of existing non-conforming lots on property either within or adjacent to the subdivision; and g. All historic buildings or resources have been adequately protected from negative impact from development of the Conservation Subdivision whether on or adjacent to the subdivision. 3. Before the Director of Community Development approves a conceptual plan showing park reservation or land for other local government or public use that is proposed to be dedicated to the city of Milton, the City Council shall grant approval of the park or land reservation. Any party claiming to be aggrieved by a decision of the City Council of this article may appeal to the Superior Court of Fulton County. Sec. 50- 145. Lot Design Standards. A. Lot Sizes The minimum allowable size for a buildable lot is 10,890 square feet (0.25 acre). There shall be no maximum lot size. B. Estate Lots Estate lots with a minimum area of three (3) acres in area may have one principal single-family dwelling, a guesthouse, and no more than two attached accessory dwellings. The accessory dwellings shall be attached to the principal dwelling by roofline, or by a breezeway or arcade and shall not exceed 860 sq. ft. in floor area each. Estate lots shall have a minimum of 50% of the lot area protected by a permanent conservation easement under Sec. 50-148. No further subdivision for residential purposes shall be permitted. The green space within such lots, though not owned in common, shall be counted toward satisfying the minimum green space requirement of the conservation subdivision. C. Double Frontage Lots Prohibited All lots shall front on and gain access from a public road. Houses shall front the direction of houses on adjoining lots. Double frontage lots (reverse frontage lots) shall be prohibited in all Conservation Subdivisions under this article except for estate lots where necessary. On estate lots with double frontage, a conservation easement covering 50% of the lot area and an easement prohibiting vehicular access to one of the frontages shall be placed on the conceptual plan and on the final plat. D. Area and Yard Requirements The design of all buildable lots shall comply with the table below. 11/12/201511/10/2015 13 Lot Standards in AG-1 Conservation Subdivisions Basic Conservation Subdivision Estate Subdivisio n Buffer Subdivisio n AG-1 (refer to Sec. 64- 416) Cottage Lots Traditiona l Lots Large Lots Estate Lots Buffer Lots Lot Width - minimum 100 60 80 100 200 100 Minimum Lot Area 1 ac. on paved roads. 3 ac. on unpaved road 10,890 to 16, 000 s.f. 16,001 to 22,000 sf 22,001 sf to 2.999 acres 3 acres 1 acre Setbacks (min.) Front Yard 60 30 30 40 150 60 Side Yards Interior lot 25 10 10 20 50 25 Corner lot 40 30 30 40 150 60 Rear Yard 50 20 30 40 150 50 Minimum Public Road Frontage 35 35 35 35 50 35 E. Locations of Lots and Structures 1. House lots under basic conservation design shall not be located in any Primary Conservation Area. Any Secondary Conservation Areas not included in green space shall not be included within the buildable area of any lot. Estate lots may contain Primary Conservation and Secondary Conservation Areas but such areas shall not be included within the buildable area of any estate lot. 2. House lots shall generally be accessed from interior streets rather than from existing roads bordering the tract except that lots with a minimum one acre in area are permitted to front such existing roads. 11/12/201511/10/2015 14 3. In the basic Conservation Subdivision option, at least three-quarters (3/4) of the house lots shall directly face, abut or be across a street from Primary or Secondary Conservation areas. 4. There shall be a minimum building separation requirement of 20 ft. between all principal buildings on adjoining lots. 5. Accessory buildings shall be placed in side or rear yards but shall not be placed within minimum required yards. Detached garage buildings shall be prohibited in front yards. 6. The final plat for a Conservation Subdivision shall display on each lot a buildable area sufficient to contain the proposed principal building, any proposed guesthouse, and any customary accessory structures. Sec. 50- 145. Green Space Standards. A. Green Space Required 1. Within a basic Conservation Subdivision and an estate subdivision, the minimum required green space shall be 50% of the gross tract area of the proposed Conservation Subdivision. 2. Green space shall consist of all Primary Conservation Areas, if any. Secondary Conservation Areas and lands that are otherwise considered buildable in a sufficient amount to meet the 50% minimum requirement. 3. To the extent practicable, green space shall be preserved in larger, contiguous tracts so as to provide uninterrupted habitat for plants and wildlife. The green space, to the extent practicable, should adjoin any neighboring areas of green space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected green space. B. Primary Conservation Areas Primary Conservation areas are lands that serve important ecological purposes and possess beneficial environmental qualities contributing to the health of the local community. All land identified as Primary Conservation Areas shall be undisturbed, except as provided herein. Primary Conservation Areas shall include: 1. The 100-year floodplain; 2. Riparian buffer zones of at least 75 ft. width on either side along all perennial streams and 25 ft. along intermittent streams; 11/12/201511/10/2015 15 3. Riparian buffer zones of at least 75 ft. width on either side along the Little River Corridor; 4. Slopes above 25% of at least 5000 square feet contiguous area; 5. Wetlands that meet the definition of the Army Corps of Engineers under the Clean Water Act; and 6. Populations of endangered or threatened species, or habitat for such species. C. Secondary Conservation Areas The following are considered Secondary Conservation Areas and shall be protected to the maximum extent feasible in order to meet the minimum green space requirement: 1. Important historic sites subject to approval indicating that these structures are compatible with the City of Milton Zoning Ordinance; 2. Existing healthy, native forests of at least one acre contiguous area; 3. Individual existing healthy trees greater than 6-14 inches diameter at breast height (DBH), depending on species; 4. Significant natural features and scenic view sheds such as ridge lines, peaks, and rock outcroppings, in particular those that can be seen from public roads; 5. Prime agricultural lands, and farmland of statewide importance, as defined by the Natural Resource Conservation Service, of at least five acres contiguous area; 6. Existing trails that connect the tract to neighboring areas; 7. Archaeological sites, cemeteries, and burial grounds subject to the requirements of Article XVII Division 4 of the City of Milton Zoning Ordinance; and 8. Tree save buffers, minimum 50 feet in width, where required along the perimeter boundary of the Conservation Subdivision. D. Permitted Uses of Green Space Uses of green space include the following: 1. Conservation of natural, archeological, or historical resources; 2. Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented uses; 3. Walking or bicycle trails, provided they are constructed of permeable materials; 4. Passive recreation areas, such as open fields; 11/12/201511/10/2015 16 5. Community gardens; 6. In AG-1 zoned green space: agriculture, horticulture, silviculture or pasture uses. Provides all applicable best management practices are used to minimize environmental impacts, such activities are not conducted within Primary Conservation Areas, and, no existing healthy, native forests of more than one contiguous acre are removed to allow for such activities; 7. In AG-1 zoned green space: equestrian paddocks, corrals, horse stables and barns, practice show rings, outdoor riding arenas, courses for show jumping, for dressage, or for cross-country riding, and their customary accessory uses provided that buildings used for housing animals must be set back at least 100 feet from all property lines; 8. Landscaped stormwater management facilities, nonstructural stormwater management practices and structural stormwater management practices that allow for infiltration, such as bio-retention areas; 9. Individual and community wastewater treatment systems, and their associated drain fields when located on soils particularly suited to such uses provided that such facilities shall be located outside of any Primary Conservation Areas; and 10. Easements for drainage, access, and underground utility lines. E. Prohibited Uses of Green Space Notwithstanding the uses permitted in sub-section (d), above, the following uses of green space are expressly prohibited: 1. Golf Courses; 2. Roads, parking lots, and impervious surfaces, except as specifically authorized in this article; 3. Agricultural and forestry activities not conducted according to accepted Best Management Practices; 4. Activities prohibited pursuant to a recorded legal instrument providing for permanent protection of the green space; and 5. Impoundments of water with a surface area in excess of 10 percent of the green space. 11/12/201511/10/2015 17 Sec. 50- 146. Ownership, Preservation, and Maintenance of Green Space. A. Method of Preservation Green space shall be encumbered with an easement or like instrument and shall be preserved and maintained solely for the purposes specified in section 50-145. The method for effectuating such preservation and maintenance shall be one of the following: 1. Establishment of a homeowners association (HOA), to own and maintain the land in common for the green space purposes intended according to the following provisions: a. With their application for a permit to develop a Conservation Subdivision, developers will create and submit documentation detailing the minimum requirements, procedures, and structure for the HOA; b. The HOA will maintain, pay taxes, and own the green space; and c. The HOA will execute legally enforceable permanent conservation easement for the platted green space as described in subsection “B.1.” below. 2. Dedication of legally described and platted green space to the City of Milton shall be at the discretion of and approval by the City of Milton Mayor and City Council. 3. Conveyance of legally described and platted green space to a land trust established in compliance with the requirements of Georgia law for conservation purposes. B. Legal Instrument for Permanent Protection 1. Green space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed and which shall be a permanent conservation easement conforming to a form provided by the City, in favor of either: a. A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re-transfer in the event the organization becomes unable to carry out its functions; or b. A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance. If the entity accepting the easement is not the city of Milton, then a third right of enforcement favoring the city of Milton shall be included in the easement; or c. An equivalent legal tool that provides permanent protection if approved by the city attorney. 11/12/201511/10/2015 18 2. All legal instruments used to permanently protect conservation areas platted within the Conservation Subdivision shall be executed by the owner and/or developer on behalf of the homeowners association and shall be approved by the City Attorney prior to approval of the final plat for the development. Upon approval of the final plat and the legal instruments for permanent protection of the conservation areas, the developer shall record said documents with the Clerk of the Superior Court’s office. The developer or his agent shall furnish all fees associated with the recordation of plats and legal instruments. Sec. 50- 147. Infrastructure Standards in Conservation Subdivisions. A. Roads and Streets 1. Roads within Conservation Subdivisions shall comply with the standards in the subdivision regulations of the city of Milton (Chap. 50) and in particular, comply with “Design Standards For Streets in Conservation Subdivisions” set forth in the standard details for land development activity. The design of streets within the Conservation Subdivision shall be reviewed and approved by the Director of Public Works prior to approval of a conceptual plan; 2. Cul-de-sac streets shall be permitted only if no other feasible street design is possible as determined by the Director of Public Works. The placement of half cul-de-sacs to accommodate changes in street alignment is prohibited. Alternatives to the cul de sac are: loop streets, loop lanes, single loaded streets and crescents as shown in the “Design Standards for Streets in Conservation Subdivisions”; 3. Turf, trees and other vegetation shall be used for the inner circle of turn-arounds, rather than paving the entire area. A note on the final plat shall declare the HOA responsible for the maintenance of such landscape areas; and 4. Where feasible, residential streets shall provide more than one entrance to the subdivision and interconnect with external or adjoining public streets. B. Trails Marked paths and trails shall be provided with improved surfaces of pervious materials as approved by the Director of Public Works for non-vehicular traffic within the development and connecting to neighboring residential and commercial areas. Such trails may be constructed within the buffer area provided such path or trail may be no wider than 8 feet. All clearing associated with the construction of such path shall be limited to 10 feet in width. Paths or trails within a perimeter buffer must be located within the first 25% of the buffer farthest from the exterior boundary line for the subdivision but in no event shall it be within 30 ft. of the exterior boundary line. 11/12/201511/10/2015 19 C. Wastewater Utility Systems 1. All proposed building lots shall have adequate wastewater utilities. If public sanitary sewer is not available as specified in Sec. 50-184, then each lot shall be served by either an on-site septic system or by a community wastewater treatment system. Wastewater treatment systems may be placed in suitable locations within Secondary Conservation Areas. The locations shall be established in conformity with plans and permits from the Georgia Environmental Protection Division or the Fulton County Health Department as appropriate. 2. All wastewater treatment system components such as pumps, tanks, drain fields and drip lines shall be placed in one or more separate parcels. The parcel(s) shall be for maintenance access and for defining ownership. Such parcels need not comply with minimum lot standards but shall have sufficient frontage on a public road and sufficient width to provide all necessary access for maintenance and construction. These parcels and structures may be placed within green space and may count toward green space requirements. 3. Ownership and maintenance of any community wastewater treatment system shall be the responsibility of the developer, a homeowners association or an owner/ operator licensed by the State of Georgia to operate such a system. 4. Ownership and maintenance of those parts of community wastewater treatment systems located on lots shall be the responsibility of the individual lot owners unless otherwise approved both by the appropriate permitting authority and by the Director of Public Works. 5. The City of Milton is authorized to serve as a trustee for a community wastewater system, at the sole discretion of the Mayor and City Council. The City of Milton may require appropriate and reasonable surety and guarantees, and specifications regarding the construction, operation, and maintenance of any community wastewater treatment system for which it agrees to serve as a trustee. 6. Issuance of permits by other governmental authorities for construction of a community wastewater system does not obligate or bind the City of Milton, or the Milton City Council to approve any proposed Conservation Subdivision. D. Stormwater Structures Facilities 1. Conservation Subdivisions shall comply with Sec. 50-185 Stormwater Provisions. Storm water management structures designed to promote on-site infiltration and/or treatment of runoff and that comply with the City of Milton’s adopted Stormwater Management Manual (chapter 20, article IV of the City Code) may be permitted in green space in suitable locations within Secondary Conservation Areas if approved by the 11/12/201511/10/2015 20 Director of Public Works. In general, storm water utility systems shall not be allowed to encroach into an exterior buffer as defined herein. 2. Notwithstanding other provisions to the contrary, the Director of Public Works may permit stormwater control structures to be built within a required buffer if he or she determines that this is the only practical location. However, the area devoted to such installation may not be used to satisfy the green space requirement for the development. Where stormwater structures are allowed within the required buffer, the developer shall plant sufficient vegetative material to obscure such structure from view. All walls or other hard surfaces of such structure shall be painted a muted earth-tone or shall be faced with other materials to further conceal such structure from view. E. Water Supply Water wells supplying a Conservation Subdivision shall be placed in suitable locations within Secondary Conservation Areas or within individual lots. Wells shall comply with all setbacks required for nearby wastewater drain fields. Easements shall be placed on all water wells when Public water supply systems, if available, shall be shown on the conceptual plan as required in the subdivision regulations. Sec. 50- 148. Tree Save Buffers. A. Tree save buffers shallmay be applied within each proposed lot according to the following table. Tree save buffers shall be marked during construction of the subdivision with high visibility temporary fencing. Within tree save buffers located in front and side yards on private lots, the clearing of underbrush using handheld power equipment, the removal of trees under 2 inches. in DBH and the trimming of tree limbs to a height of six feet on the trunk shall be permitted as specified in guidelines issued by the city arborist. No land disturbance and no clearing shall be permitted within tree save buffers except as permitted along the lot frontage or elsewhere for utilities and trails as provided in these regulations. No land disturbance shall be permitted within the drip line of trees extending beyond the edge of the tree save buffer. Dangerous trees and invasive plants may be removed from all tree save buffers as permitted by the city arborist. 11/12/201511/10/2015 21 Standards for Tree Save Buffers and Green Space Basic Conservation Design Estate Lot Design Buffer Design Tree Save Buffers (min. width) Cottage Lots Traditional Lots Large Lots Estate Lots Buffer Lots Front Buffer 20 30 30 40 40 Side Buffers Interior line None None 10 25 10 Corner line 20 20 30 150 50 Rear Buffer 20 30 40 50 40 Maximum Clearing of Frontage Greater of 20 ft. or 50% 50% 50% 40% 50% Minimum Green Space Standards 50% in basic conservation subdivision 50% in basic conservation subdivision 50% in basic conservation subdivision 50% green space in conservation easement 30% per lot in buffer area B. A tree save buffer may be required along the perimeter boundary of the conservation subdivision for any of the following purposes: 1. Where ever resources exist off-site on the abutting property which, if proposed for Conservation Subdivision, would qualify as primary or secondary conservation areas; 2. Where ever the opportunity exists to match up and reinforce a similar buffer and green space that might be planned in the future on the abutting property; 3. For buffering impacts of new development (such as privacy and noise) upon existing residences; and 4. For maintaining rural view sheds. C. Tree save buffers shall not be required where ever large pastures, clearings, or greens exist along public roads and are placed in the common area green space of the conservation subdivision. If necessary, the placement of lots around the pasture or green can be mitigated by use of setbacks or other techniques. D. Within tree save buffers located along a perimeter boundary of the Conservation Subdivision, fences, if any, shall be placed to accommodate the free movement of wildlife within such a buffer. 11/12/201511/10/2015 22 E. Estate lots may be placed fronting along existing roads adjoining the proposed conservation subdivision and no additional buffer other than any required by zoning shall be required. F. Upon recommendation of the Community Development Director, the City Council may require buffers up to 150 feet in width along the subdivision perimeter where insufficient forest or terrain exists to provide visual screening and where added separation of the proposed lots achieves those purposes. However, if the adjoining properties are in agricultural use or they are currently undeveloped and are suitable and likely candidates for Conservation Subdivision, such an enhanced buffer may not be required. G. All buffers beyond 50 feet or greater in width may count toward the required green space of the basic Conservation Subdivision or the requirement for green space within estate lots. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO CREATE A CONSERVATION SUBDIVISION ORDINANCE IN CHAPTER 50, SUBDIVISIONS, ARTICLE V WITHIN THE CITY CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 7, 2015 6:00 p.m. as follows: SECTION 1. That the creation of Article V, Conservation Subdivision Ordinance within Chapter 50, Subdivisions, of the City Code of Ordinances is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; 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 7th day of December, 2015 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF ` FST.AiiLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 5, 2015 FROM: City Manager AGENDA ITEM: Consideration to Amend Chapter 50, Subdivisions, and Create Section 50-162, Rural Design. MEETING DATE: Monday, November 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attadh additional pages if necessary} See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: k YES () NO CITY ATTORNEY REVIEW REQUIRED: gYES O NO APPROVAL BY CITYATTORNEY kAPPROVED O NOT APPROVED PLACED ON AGENDA FOR. REMARKS �� Ijp15 )� l3 s-- J 4j t,-) &v o/L CSS 4 /s c up a, 4, J., 1 4v c_c_ �m.r+�A �i.s !3� .r a ✓ F o,C ©V Youlm PHONE: 678.242.25001 FAX. 678.242.2499 info@cityofmiifonga.us I www.cityofmiifonga.us 13000 Deerfield Parkway, Suite 107 G Milton GA 30004 -7Z) `G` en .+ *C= r*nfie + Top.1W Community �MOMy� 'thILS -` To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted November 10, 2015 for December 7, 2015 Mayor and City Council Meeting (First Presentation – November 16, 2015, Work Session November 9, 2015) Re: Consideration of an Ordinance to Amend Chapter 50, Subdivisions, and Create Section 50-162, Rural Design. Executive Summary: Attached is a proposed section of the Subdivision Ordinance, Chapter 50 of the City Code that requires subdivisions of a certain size to be developed with a 100 foot wide rural viewshed and providing for a minimum 20 foot front yard for those lots with the rural viewshed. In addition the ordinance proposes a “rural” type subdivision entrance and to provide a conservation area consisting of 10 percent of the area if the subdivision. This item was presented to the Planning Commission at their October 28, 2015 meeting as a courtesy review and to provide recommendations to the Mayor and City Council. The Planning Commission recommended that only the requirement for a “rural” type subdivision entrance be adopted. The remainder of the proposed ordinance was not supported by the Planning Commission in a vote of 7-0. Funding and Fiscal Impact: None Anticipated Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments, deny, or withdraw it entirely. Legal Review: Paul Frickey - Jarrard & Davis (October, 2015) 2 Concurrent Review: Community Development Attachment(s): Text Amendment and Ordinance for Chapter 50, Section 50-162 1 11/12/2015 Section 50-162 Rural Design Upon the election of the developer in accordance with section 64-416, the requirements of this section shall be an available option for subdivision development where a minor plat as defined in Section 50-1 is not an available option. (a) No building shall exceed 40 feet in height. (b) Minimum front yard shall be as follows: (1) Adjacent to an internal subdivision street where it also abuts an exterior street – 20 feet adjacent to interior street. (2) Adjacent to an exterior street – 100 feet. (3) Adjacent to an internal subdivision street – 60 feet.(Except for Sec. 50-162(b)(1) above) (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (3) Adjacent to an exterior street: 100 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road. (f) Minimum lot width shall be 100 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this district. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. (j) Subdivision entrances shall be rural, simple and rustic in design. (1) Subdivision entrance signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar, which pillar shall not exceed eight (8) feet in height. (2) Subdivision entrance walls: 2 11/12/2015 a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entrance. b. Natural materials are preferred such as boulders, stacked stone, or wood formed brick. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 100 feet from the exterior street’s right of way. (4) No water features are permitted at the entrance of a subdivision. (k) Rural viewshed. (1) All properties within the development shall maintain a 75-foot setback complying with the following: a. No buildings, accessory structures, or swimming pools shall be located within the 75-foot setback: b. No disturbance shall be allowed within the 75 foot setback except for creation of pasture land as listed below in subsection (3). c. Driveways shall be prohibited within the 75-foot setback, except where they cross in a perpendicular manner. (2) In addition to the 75-foot setback described in subsection (1), all single-family lots adjacent to exterior streets shall maintain an additional 25-foot setback in which no improvement other than permitted septic systems shall be allowed. (3) If a property is used for a bona fide agricultural use and tree removal within the rural viewshed is required for pastureland, tree removal plans shall be approved by the City Arborist; and (4) Structures located on lots requiring a rural viewshed, shall be designed with 360-degree architecture and shall meet the intent of section 64-1151. Architectural elevations for the structures shall be reviewed and must be approved by the city architect prior to the issuance of a building permit. (l) Conservation area. (1) Subdivisions developed pursuant to this Rural Design Ordinance shall preserve a minimum of ten (10) percent of the development’s gross acreage as a conservation area. a. Conservation areas may include the following: i. The 100-year floodplain; ii. Riparian buffer zones of at least 75 foot width on either side along all perennial streams, intermittent streams and rivers and bodies of water; iii. Slopes above 25% of at least 5,000 square feet of contiguous area; iv. Wetlands; v. Populations of endangered or threatened species, or habitat for such species; 3 11/12/2015 vi. Important historic sites; vii. Existing healthy, native forests of at least one acre of contiguous area; viii. Heritage trees as approved by the City Arborist; ix. Significant natural features and scenic viewsheds such as ridge lines, peaks, and rock outcroppings, and rural viewsheds adjacent to exterior streets; x. Existing trails that connect the tract to neighboring areas; xi. Archaeological sites, cemeteries, and burial grounds subject to the requirements of Article XVII Division 4 of the City of Milton Zoning Ordinance. xii. Walking or bicycle trails, provided they are constructed of permeable materials; xiii. Passive recreation areas, such as open fields; xiv. Community gardens; xv. Agriculture, horticulture, silviculture or pasture uses; xvi. Equestrian paddocks, corrals, horse stables and barns, practice show rings, outdoor riding arenas, courses for show jumping, for dressage, or for cross-country riding, and their customary accessory uses; xvii. Landscaped stormwater management facilities, nonstructural stormwater management practices and structural stormwater management practices that allow for infiltration, such as bio-retention areas; (2) Conservation areas shall be protected in perpetuity by a binding legal instrument that is recorded with the deed and which shall be a permanent conservation easement conforming to a form provided by the City, in favor of either: a. A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re-transfer in the event the organization becomes unable to carry out its functions; or b. A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance. If the entity accepting the easement is not the City of Milton, then a third right of enforcement favoring the city of Milton shall be included in the easement; c. An equivalent legal tool that provides permanent protection if approved by the City Attorney. (3) Notwithstanding the uses permitted in subsection (1) above, the following uses of conservation areas are expressly prohibited: a. Golf Courses; b. Active recreation including but not limited to swimming pools, hot tubs, tennis courts, sport courts, and play structures; c. Roads, parking lots, and impervious surfaces, except as specifically authorized in this article; d. Activities prohibited pursuant to a recorded legal instrument providing for permanent protection of the conservation area; and 4 11/12/2015 e. Impoundments of water with a surface area in excess of ten (10) percent of the conservation area. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 50, SUBDIVISIONS, AND CREATE SECTION 50-162, RURAL DESIGN WITHIN THE CITY CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 7, 2015 6:00 p.m. as follows: SECTION 1. That the Rural Design, Section 50-162 within Chapter 50, Subdivisions, of the City Code of Ordinances is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; 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 7th day of December, 2015 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) 0 HOME OF ' r � 4 �.. ESTABLIS11FD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of U15-05NC15-05 — 13650 Bethany Road by Bethany's Rest, Inc. - To Request a Use Permit for a Retreat (Sec. 64-1821) in AG - 1 (Agricultural) on 26.65 Acres Using the Existing Structures. A Concurrent Variance to Allow the Existing Vegetation within the 100 Foot Undisturbed Buffer and 10 Foot Improvement Setback and not to Plant Additional Vegetation [Sec. 64-1821(b)(3)]. MEETING DATE: Monday, November 16, 2015 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 CITYATTORNEY REVIEW REQUIRED. O YES 9NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR: REMARKS JII 1 (o 1-'r- ® -0 you PHONE: 678.242.2500 1 FAX: 678.242.2499 Green .� ; �«r;ea N'l1.171.1Fh Community i C. ,,*,' yf infoCscityofmiltonga.us I www.cityofmiltonga.us l �1-�a�L`A 13000 Deedeld Parkway, Suite 107 1 Milton GA 30004 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 1 of 16 PETITION NUMBERS U15-05/VC15-05 ADDRESS 13650 Bethany Road DISTRICT, LAND LOT 2/2, 887, 888, 913, 914 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Retreat (Sec 64-1821) ACRES 26.65 EXISTING USE Single Family Residence and accessory structures PROPOSED USE Private women’s day retreat center PETITIONER Bethany’s Rest, Inc. – Wendy Henderson OWNER Passion Point Ventures, LLC 1 Royal Oak Avenue Roswell, GA 30076 REPRESENTATIVE The Galloway Law Group, LLC – William Woodson Galloway ADDRESS 3500 Lenox Road, NE Suite 760 Atlanta, GA 30326 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – OCTOBER 28, 2015 U15-05- APPROVAL CONDITIONAL VC15-05 – APPROVAL CONDITIONAL A Use Permit for a Retreat (Sec. 64-1821) in AG-1 (Agricultural) on 26.65 acres using the existing structures. A concurrent variance to allow the existing vegetation within the 100 foot undisturbed buffer and 10 foot improvement setback and not to plant additional vegetation (Sec. 64-1821(b)(3)). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 2 of 16 PLANNING COMMISSION RECOMMENDATION – OCTOBER 28, 2015 U15-05- APPROVAL CONDITIONAL – 7-0 VC15-05 – APPROVAL CONDITIONAL – 7-0 The Commission recommended that Condition 1.d. be changed from a maximum of 20 people to 100 people and to reflect the appropriate amount of parking for 100 people on the site plan. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 3 of 16 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 4 of 16 EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 5 of 16 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 6 of 16 SITE PLAN SUBMITTED – AUGUST 25, 2015 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 7 of 16 REVISED SITE PLAN SUBMITTED NOVEMBER 9, 2015 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 8 of 16 SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with a 10,045 square foot single family residence, a 1,285 square foot pool house, a 2,629 square foot barn and a second 1,069 square foot barn near the entrance of the property. The property contains 26.65 acres with an existing lake near Bethany Road; and Cooper Sandy Creek is the southern property line. The property is heavily vegetated along the north and western property lines with specimen trees throughout the property as shown on the site plan. PROPOSED USE: In the applicant’s letter of intent dated August 25, 2015, a Use Permit pursuant to Sec. 64-1821 to operate a private women’s day retreat center and Concurrent variance for the subject site is being requested. The women’s day retreat is proposed to serve local women in ministry or women who are married to full or part time ministers. Further, it states that the Use Permit will allow these local leading women in ministry a private and quiet place for respite and reflection, collaboration, and mentorship. An amended letter of intent dated October 19, 2015 further states that no additional structures will be added to the property and the existing buildings with some interior modifications will serve the needs of the ministry. Based on discussions with neighbors through the public participation process, the applicant intends for the property to be private and gated so that only invited guests may access the property. Although the normal daily operating hours will be 9:00 a.m. to 5:00 p.m., there may be occasional evening ministry usage of the property as well as occasional overnight guests. Additionally, while the current groundskeeper/home manager does not reside on the property, in the future there may be a caretaker who does live, or may occasionally stay on the property. Also, to the extent that there is any occasional outdoor usage of the property, that usage will conclude no later than 10:00 p.m. and the noise level will comply with Section 64-215 of the City of Milton Zoning Ordinance regarding noise. The applicant estimates that there will be an average of 0 to 20 women on the property at any given time during the course of the day. There also will be likely be some weekly gatherings and/or quarterly special events that will have a higher attendance, but those will be the exception and not the rule. SITE PLAN ANALYSIS: Based on the applicant’s site plan submitted to the Community Development Department on November 9, 2015, Staff offers the following considerations: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 9 of 16 Retreat (Section 64-1821) Development Standards Does the application meet the requirements? (a) Required districts. AG-1, M-1A, M-1 and M-2. This section includes facilities of lodging and food service for social, educational and recreational purposes. Yes, it is currently zoned AG-1. (b) 1. Minimum lot size shall be ten acres. Yes, it contains 26.65 acres. (b) 2. Permitted curb cut access shall not be derived from a local street. Bethany Road is not a local street. (b) 3. A minimum 100-foot-wide buffer and ten-foot improvement setback are required adjacent to residential districts, AG-1 districts used for single-family dwellings and adjoining a public street. No, the applicant is requesting a concurrent variance. See below. (b) 4. A minimum 50-foot-wide buffer and ten-foot improvement district are required adjacent to all other nonresidential districts. Does not apply. (b) 5. Length of the stay for all but permanent staff shall not exceed 30 consecutive days. Does not apply. (b) 6. Sanitary facilities or trash receptacles shall be located a minimum of 200 feet from any residential district or AG-1 district when used for single-family dwellings. Yes, meets the requirement. (b) 7. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. Yes (b) 8. Recreational facilities associated with the use shall be for staff and guests only. Yes, the pool will be utilized by the staff and guests. (b) 9. One parking space per lodging unit or five per 1,000 square feet of floor area, whichever is greater. Yes, based on the floor area. Discussion of Use Permit Standards The applicant does not meet the required 100 foot wide buffer and ten foot improvement setback. Therefore, the following concurrent variance is being requested. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 10 of 16 VC15-05– To allow the existing vegetation within the 100 foot undisturbed buffer and 10 foot improvement setback and not to plant additional vegetation (Sec. 64-1821(b)(3)). The subject site is heavily vegetated along the west and northwest property lines with some vegetation along the north property line. In addition, there are planted evergreens along Bethany Road that provide additional screening. The southern property line is Cooper Sandy Creek where there is some vegetation and a large pasture. In addition, the large size of the parcel, 26.65 acres, and the location of the main buildings in the center of the site also provide additional protection from adjacent residential uses. It is Staff’s opinion that based on these conditions; (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and (4) That the public safety, health and welfare are secured, and that substantial justice is done. Therefore, Staff recommends that VC15-05 be APPROVED CONDITIONAL. Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1144. City Arborist The proposed Use Permit will not impact any specimen trees based on the fact that there will be no improvements to the site which encroach on specimen trees. The site plan indicates the existing specimen trees on the site. Fire Marshal Prior to the issuance of a Certificate of Completion, the Fire Marshal will need to inspect the site for compliance with life safety codes. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there are various bodies of water; Cooper Sandy Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 11 of 16 Creek, a pond, three other unnamed streams and wetland. The site also contains 100 year floodplain. There are no severe slopes on the site. In addition there are specimen trees but they will not be impacted by the proposed use. There is no endangered vegetation or wildlife on the site. Public Involvement Community Zoning Information Meeting On September 29, 2015 the applicant and their representative were present at the Community Zoning Information Meeting held at the Milton City Hall. There were twelve people from the community in attendance at the meeting. The following issues were brought up at the meeting:  Hours of operation, would there be overnight stays on the property?  How many people would be using the retreat on a regular basis?  Will there be future development or other uses on the site?  Concerned about potential noise. City of Milton Design Review Board Meeting Courtesy Review – October 6, 2015 The following question was asked at the meeting:  Will the facility evolve into an event facility? Public Participation Plan and Report The applicant’s representative submitted the required Public Participation Report on October 20, 3015. The applicant’s Public Participation Meeting was held on October 14, 2015 at 6:30 p.m. at the Milton Library located at 855 Mayfield Road. There was only one person who attended the meeting. She had some general questions about the nature of the proposed use, but did not express any specific concerns. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 12 of 16 The proposed development is located in the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit is permitted in the AG-1 (Agricultural) district which is an acceptable zoning district for the AEE land use category. In addition, the following Plan Policies are consistent with the proposed use: “We will support programs that retain, expand and create businesses that provide a good fit for our community’s economy in terms of job skills required and links to existing businesses and locate them appropriately within the City.” “We will encourage the preservation of natural resources areas and preserve contiguous green open spaces development of land in appropriate designated areas as development occurs.” Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is on the southwest corner of Bethany and Providence Road. To the west and northwest is a single family subdivision zoned AG-1 (Agricultural), The Reserve at Providence. To the north, northeast, east and south are scattered single family residences zoned AG-1 as well as large parcels of AG-1. Further to the southwest are single family residential subdivisions zoned AG-1, Lake Haven and Trotters Ridge. It is Staff’s opinion that the proposed Retreat is compatible with adjacent and nearby properties if approved with the Recommended Conditions. 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance is approved. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be minimal as the proposed use anticipates an average of between 0 and 20 people on the site per day. 4. The location and number of off-street parking spaces; The required number of parking spaces is one space per lodging unit or five per 1,000 square feet of floor area, whichever is greater. There are 7 bedrooms in the house, although the intent is not to utilize them for the Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 13 of 16 day retreat. The largest area for assembly is 2,600 square feet which would require 13 spaces. The site plan indicates a total of 13 spaces on the site plan and those parking spaces are not seen from the Bethany Road. At the October 28, 2015 Planning Commission meeting, the applicant agreed to revise the site plan to reflect a total of 100 parking spaces on the site to accommodate the occasional event that may require additional spaces. They are located south of the main house and larger barn of which the majority of them will be on gravel surfaces. 5. The amount and location of open space: The proposed site provides for a large area of open space surrounding the main house and accessory structures. In addition, there is a large pasture on the site. 6. Protective screening: Although the site plan does not meet the required 100 foot undisturbed buffer and 10 foot improvement setback as discussed above in VC15-05, it is Staff’s opinion that the large size of the parcel and the existing vegetation provides the needed screening from adjacent properties. 7. Hours and manner of operation: The applicant has proposed the following hours and manner of operation: 9:00 a.m. to 5:00 p.m. and occasional evening ministry usage of the property and occasionally overnight guests. In the amended Letter of Intent dated October 19, 2015, the applicant stated that the retreat would comply with Section 64-215 as it pertains to noise. Staff notes that the Use Permit addresses noise (Sec. 64-1821(b)(7)). This requirement is slightly more restrictive and therefore the facility shall comply with the abovementioned section. The applicant also proposes that occasional outdoor usage conclude no later than 10:00 p.m. In addition, the property will be private and gated so that only invited guests may access the site. Lastly, the applicant has indicated that a groundskeeper or home manager may live on the premises. These hours and manner of operation will be reflected in the Recommended Conditions. 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 9. Ingress and egress to the property. The proposed ingress and egress to the retreat is via Bethany Road which meets the minimum sight distance requirement. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 14 of 16 CONCLUSION If approved with the Recommended Conditions, the proposed retreat is consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U15-05 be APPROVED CONDITIONAL. Additionally, Staff recommends VC15-05 be APPROVED CONDITIONAL. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 15 of 16 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Retreat (Sec. 64-1821) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) A retreat within the existing house, two existing barns, and pool house as shown on the revised site plan received by the Community Development Department on November 9, 2015. b) The hours of operation shall be the following: i. 9:00 a.m. to 5:00 p.m. ii. Occasional evening ministry usage and occasional overnight guests. iii. All outdoor usage shall conclude no later than 10:00 p.m. c) A groundskeeper or home manager may be permitted to live on the property. d) No more than 100 people shall be on the property at any one time except for occasional evening or weekend special events. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on November 9, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 11/12/2015 U15-05/VC15-05 Page 16 of 16 3) To the owner’s agreement to the following site development considerations: a) To allow the existing vegetation within the 100 foot undisturbed buffer and 10 foot improvement setback and not to plant additional vegetation. (VC15-05) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Primary access to the site shall be from the existing asphalt driveway located approximately 340 feet south of the intersection of Bethany Bend and Providence Road b) Dedicate at no cost to the City of Milton, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way: i. Provide at least 40 feet of right-of-way from the centerline of Providence Road and Bethany Road along the entire property frontage ii. Provide a minimum 20 foot right-of-way miter at intersection of Providence Road and Bethany Road ORDINANCE NO._______ PETITION NO. U15-05/VC15-05 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE FOR A USE PERMIT FOR A RETREAT (SEC. 64-1821) ON 26.65 ACRES LOCATED AT 13650 BETHANY ROAD. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on November 16, 2015 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 13650 Bethany Road consisting of a total of approximately 26.65 acres as described in the attached legal description, be approved for a Use Permit for a Retreat with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 887, 888, 913, and 914 of the 2nd District 1st Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Retreat listed in the attached conditions of approval, be approved under the provisions Sec. 64-1821 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 16th day of November, 2015. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) U15-05/VC15-05 REVISED SITE PLAN SUBMITTED NOVEMBER 9, 2015 HOME`?HE BESr�?u.AL1rY 0F LI E 1N G 01 R-1 MILTON10k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. MEETING DATE: Monday, November 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: X)APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES O NO C1 TY ATTORNEY REVIEW REQUIRED: YES O NO APPROVAL BY CITY ATTORNEY k APPROVED () NOT APPROVED PLACED ON AGENDA FOR: + ( 1 ( 1 REMARKS © -* You( PHONE: 678.242.25001 FAX: 678.242.2499 infoCcityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Gree n v ;,*,� ; C.rvof WILDLIFE Community i ETRIC, # To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on October 23, 2015 for the November 2, 2015 Regular Council Meeting for First Presentation and November 16, 2015 for Unfinished Business Agenda Item: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton; Providing for the Scope and Nature of the Operation; Providing for the Disposal of Garbage, Solid Waste and Refuse; Requiring the Execution by Service Providers of a Non-Exclusive Agreement with the City of Milton; Providing Procedures for the Handling of Complaints; Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment and Subletting without Consent; Providing for Forfeiture; and for Making Other Provisions. ____________________________________________________________________________ Department Recommendation: Re-affirm the ordinance with no changes approving and establishing the regulation of solid waste collection services within the City of Milton, and direct City Staff to facilitate the contracting of such services to providers currently in operation and those who may become in operation. Executive Summary: The original ordinance was passed on November 21, 2006 and has been approved each successive year since its original enactment. The City’s authority to enter into solid waste franchise agreements originates from this ordinance. This ordinance requires approval each year in order to continue the enforcement of our solid waste franchise agreements. The following companies are on the current list of approved haulers: Page 2 of 2 Advanced Disposal Henry Edward Kincaid Allegiance Sanitation M&M Waste American Disposal Republic Services Arrow Waste Sanitation Solutions Custom Disposal Waste Management Grogan Disposal Waste Pro GW Lovelace Funding and Fiscal Impact: The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the city quarterly in the amount of 5% of gross revenues. As of October 23, 2015 the revenue collected was $77,050.26. The FY15 third quarter payments are due November 15, 2015, after which we will have the totals for FY 2015. Alternatives: If not approved, the City would lose its authority to regulate solid waste collection within our corporate limits and the ability to collect franchise fees for the same activity, with the accompanying loss of revenue. Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Kathleen Field, Community Development Director Attachment(s): Solid Waste Ordinance STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 1 of 22 AN ORDINANCE REAFFIRMING AND ESTABLISHING CHAPTER 46 OF THE MILTON CODE OF ORDINANCES GOVERNING SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE; REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 16, at 6:00 p.m. as follows: SECTION 1. The City of Milton (“City”) seeks to provide standards of operation, regulation, and oversight in the providing of solid waste services within the corporate city limits; SECTION 2. Pursuant to past iterations of this Ordinance, theThe City currently recognizes the following companies as “Approved Haulers” in the City limits: 1-800- GOT-JUNK, Advanced Disposal, Allegiance Sanitation, American Disposal Services, Arrow Inc., Custom Disposal, Grogan’s Disposal, GW Lovelace, Henry Edward Kincaid, Grogan’s Disposal, GW Lovelace, M&M Waste, , , Republic Services, Sanitation Solutions, Waste Management, and Waste Pro; SECTION 3. The City seeks to confirm the “Approved Haulers” list as long as the companies are found to be acting consistently with the Ordinance and recognizes that the City Council may seek to amend the Approved Haulers List as need arises and in accordance with the established Solid Waste Ordinance; SECTION 4. It is in the interest of the City and its citizens to offer companies currently providing such services a non-exclusive contract on such terms and conditions that will provide the City with the controls and options necessary to provide for the public good; SECTION 5. Chapter 46 of the Milton City Code of Ordinances, the Milton Solid Waste Ordinance, attached hereto as Exhibit A is hereby ratified, approved and affirmed, subject to those redline modifications set forth in attached Exhibit A; SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are rejected; SECTION 7. This Ordinance shall become effective upon its adoption; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 2 of 22 ORDAINED this the 16th day of November, 2015. __________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 3 of 22 EXHIBIT A Chapter 46 - SOLID WASTE [46] (46) State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management, O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12 -8-31.1; tire disposal restrictions, O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for local government units to enforce collection of taxes, fees, or assessments for solid waste management, O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40; transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36-1-16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways, O.C.G.A. § 40-6-249. ARTICLE I. - IN GENERAL ARTICLE II. - LITTERING ARTICLE III. - COLLECTION SERVICES ARTICLE I. - IN GENERAL Sec. 46-1. - Definitions. Sec. 46-2. - Purpose. Sec. 46-3. - Collection fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Secs. 46-5—46-23. - Reserved Sec. 46-1. - Definitions. For the purpose of this chapter, whenever inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this section or otherwise in this chapter shall be given their common and ordinary meaning. The following words, terms, phrases and their derivations shall, in this chapter, have the meaning given in this section. Approved container or approved bag or container or bag means those containers used in the collection of solid waste, as defined in this chapter, which have been approved by the company for use by both residential and commercial customers. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 4 of 22 Area shall mean the area within the boundaries of the incorporated areas of the City of Milton, as they exist as of the effective date in addition to future boundary changes as outlined in [the term "city"]. City means the City of Milton, Georgia, an incorporated municipal government in Fulton County, State of Georgia. Boundaries defining the city limits may be changed via ordinances approved by the city council, for which any new boundary created shall be subject to this contract. Commercial unit shall mean any structure, whether freestanding or designed to serve multiple tenants, whose primary purpose is for conducting business. Company means any organization, firm, person, entity, corporation or other business that contracts with customers to provide for the collection and disposal of solid waste material as defined in this article, and including but not limited to construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Construction/demolition debris shall have the meaning set forth by the Georgia Department of Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3-4.01(14)). Construction site shall mean any parcel of land or real property having land disturbance, clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or new construction work performed thereon or about the real property or premises whether or not a land disturbance and/or building permit is required. Customer shall mean any firm, person, entity, corporation or organization that contracts with a company for the collection and disposal of solid waste material as defined in this chapter, and including, but not limited to, construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in weight that have died from any cause, except those slaughtered or killed for human use. Effective date means any contract executed between the city and any company on or after December 1, 2009. Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines, regulations, governmental, administrative or judicial orders or decrees or other legal requirements of any kind, including, without limitation, common law, whether currently in existence or hereafter promulgated, enacted, adopted or amended, relating to safety, preservation or protection of human health and the environment (including ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment, transportation or disposal of waste, substances or materials, including, without limitation, any matters related to releases and threatened releases of materials and substances. Garbage shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)). Gross receipts shall mean the total amount collected by the company from any and all STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 5 of 22 customers for services rendered under authority of this chapter as a result of charges for service. Gross receipts shall not include the infrastructure maintenance fee identified in this chapter. Hazardous materials means any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substances, regulated under or pursuant to any environmental laws. The term "hazardous materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substance that is, after the date first written above, deemed hazardous be any judicial or governmental entity, body or agency having jurisdiction to make that determination. Hazardous waste means any waste regulated under or pursuant to any environmental laws, including, but not limited to, any solid waste which has been defined as a hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term "hazardous waste" also includes hazardous materials and any waste that is, after the effective date of this agreement, deemed hazardous by any judicial or governmental entity, board, body or agency having jurisdiction to make that determination. The term "hazardous waste" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste. Recycling shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57). Residential unit shall mean any structure, whether single family, multi-family, or otherwise whose primary purpose is for living. Solid waste means the collection of residential and commercial nonrecyclable waste, residential and commercial recyclable waste, and residential yard trimmings/waste. Term shall mean a period of one year from the effective date. Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77). (Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08- 11-30, § 1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010) Sec. 46-2. - Purpose. This chapter regulates the collection and disposal of waste and garbage including, but not limited to, all waste byproducts of manufacturing or commercial establishments, cinders and ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard, rags, ashes, and other such waste material ordinarily STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 6 of 22 disposed from residences, churches, schools, small business establishments, and other such places. (1) The term "garbage" does not include animals, fowl, and fish entrails, bones and carcasses whether in whole or in part, from business establishments such as slaughterhouses and meat and fish markets. Such material means "other waste." (2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones, carcasses in whole or in part and dead animals, and any other refuse material not otherwise classified herein. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008) Sec. 46-3. - Collection fees. All fees are listed in Sec. 46-70 Contract and Rental Fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Hospitals and health care professionals or other entities disposing of medical waste including, but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner consistent with federal and state regulations. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008) Secs. 46-5—46-23. - Reserved ARTICLE II. - LITTERING Sec. 46-24. - Prohibited. Secs. 46-25—46-43. - Reserved. Sec. 46-24. - Prohibited. (a) Unlawful acts defined. (1) Public littering. It shall be unlawful for any person, in person or by his or her agent, employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any public way or other public place in the city or the river, creek, branch, public water, drain, sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish, waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the city's jurisdiction in such a manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places; provided that this section shall not apply to: a. The deposit of material under a permit authorized by any city ordinance; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 7 of 22 b. Goods, wares, or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed there from within two hours after being so deposited; or c. Articles or things deposited in or conducted into the city sewer system through lawful drains in accordance with the city ordinances relating thereto. (2) Private littering. The acts described in subsection (a)(1) of this section shall also apply to acts committed to or against private property without the consent of the owner. (b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other similar forms of containers shall provide adequate metal or plastic containers upon the premises for collection of refuse. It shall be the express responsibility of all such business firms to collect all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said business that may discarded upon the premises or neighboring street and sidewalks. It further shall be the responsibility of said business to collect the aforementioned items from the premises of the neighboring property when the owners of the property specifically request and authorize the business personnel to enter upon their property for that purpose. (c) Construction site operators must properly dispose (or discard) building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. All construction site operators shall provide adequate containers upon the premises for collection of said materials and any waste generated or collected at the site. (d) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this section or who violates any order or determination of the department promulgated pursuant to this article shall be punished as directed by law, and in addition thereto, may be enjoined from continuing the violation. Each day a violation occurs shall constitute a separate offense. Any willful and wanton violation of this subsection resulting in the unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance and on conviction thereof by the city court, the mayor and city council may after a notice and a hearing revoke the business license of the violator. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008) Secs. 46-25—46-43. - Reserved. ARTICLE III. - COLLECTION SERVICES DIVISION 1. - GENERALLY DIVISION 2. - CONTRACTUAL PROVISIONS DIVISION 3. - TERMINATION OF CONTRACT DIVISION 4. - ADDITIONAL PROVISIONS STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 8 of 22 DIVISION 1. - GENERALLY Secs. 46-44—46-62. - Reserved. Secs. 46-44—46-62. - Reserved. DIVISION 2. - CONTRACTUAL PROVISIONS Sec. 46-63. - Authority. Sec. 46-64. - Grant of nonexclusive contract. Sec. 46-65. - Term. Sec. 46-66. - Scope and nature of operation. Sec. 46-67. - Vehicles to be covered and identified. Sec. 46-68. - Regulation of containers. Sec. 46-69. - Disposal of refuse. Sec. 46-70. - Contract and rental fees. Sec. 46-71. - Compliance with law. Sec. 46-72. - Insurance provided by company. Sec. 46-73. - Indemnification and hold harmless. Secs. 46-74—46-92. - Reserved. Sec. 46-63. - Authority. The city is empowered to contract with one or several third parties to collect and dispose of all garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city may sell franchise rights in garbage collection to third parties. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008) Sec. 46-64. - Grant of nonexclusive contract. The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose of operating and engaging in the business of collecting and disposing of waste; including, but not limited to, contracting with customers and providing service pursuant to contract therefore, placing and servicing containers, operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or incidental to such business and service. (Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08- 11-30, § 2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010) Sec. 46-65. - Term. The term of any agreement shall be for a period of one year beginning on the effective date of the contract execution and terminating on the first anniversary of said date. The company shall begin performance under this contract immediately after the effective date of the contract execution. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 9 of 22 (Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08- 11-30, § 3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010) Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -65 from "One year in length" to "Term." Sec. 46-66. - Scope and nature of operation. (a) Residential and commercial refuse and waste. The company may collect and deliver for disposal all residential and commercial refuse and waste accumulated within the corporate limits of the city by the company's customers and the words "refuse", "garbage", "trash" and "waste" when used in this article are used for convenience and, unless the context shows otherwise, refer to yard trimmings, recycling, storm debris, garbage, and construction/demolition debris. The company will furnish the personnel and equipment to collect refuse, provide the services described herein, and as contracted for with its customers, in an efficient and businesslike manner. (b) Service provided. Company shall provide container, bin and other collection service for the collection of residential and commercial refuse and waste according to the individual customer agreements and applicable city regulations and shall make provision for the special collection of such refuse and waste upon request. The company shall cause or require its equipment, containers and bins to be kept and maintained in a manner to not cause or create a threat to the public health and shall keep the same in a good state of repair. (c) Collection operation. (a) Save and except as provided in this section, collection shall not start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request variances to this collection period provided that collections: (i) are made in a manner that does not cause or result in loud noise; and (ii) that are made at a location which will not cause the disturbance of persons occupying the premises or neighboring property must first be confirmed prior to the request. All requests for variances of times must be submitted to the city manager, or his designee, and include documentation on the hardship created by the collection operation period. Should such a collection operation variance be granted and the city receives two complaints about the collection operation in any six-month time period, the city shall verify and substantiate the factual basis for any complaints. Should the complaints be substantiated, the collection operation variance will be revoked. The frequency of collection shall be determined by each individual customer agreement. (d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines appropriate. Notification must be given by the company to it's customers of the holidays and resulting collection cycles. (e) All companies must maintain a local customer service telephone number while conducting business within the city. The telephone number must be publicly listed in a phone book and available through directory assistance. Each company providing trash receptacles, whether commercial or residential, must mark each receptacle with the company's name and telephone number in letters not less than four inches in height. Each company must provide a mechanism to accept, investigate, and respond to customer complaints. Companies are strongly encouraged to use multi-media devices including interactive websites, e-mail, fax, and automated telephone systems. Service calls received by the city as a result of noncompany performance will result in the STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 10 of 22 consideration of revocation of a nonexclusive contract or the city's choice to not renew an existing agreement. (f) Any invoice, bill, statement, or other device intended to request remittance by the customer to the company of funds for payment of service shall include at a minimum, the company's telephone number and payment methods available to customers. (g) All companies providing residential service or service to residential multi-family units must provide a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. Commodities may be commingled by the consumer and collected commingled by the hauler. Recycled commodities which must be offered in all programs are as follows: brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and #3); cardboard, cereal boxes and any nonwaxed paper containers; brown paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and school papers. Customers shall be charged for the recycling program by the company regardless of utilization of the service. Haulers are to include this service with their residential rate structure; however, the charge for recycling shall be shown separate from other services provided. (h) All companies providing commercial service must offer and promote a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. (i) All companies providing residential service must offer the collection of yard trimmings to all customers. This program is intended to assist in the collection and disposal of grass clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitations set by company; bushes, brush, and all other general debris generated from the maintenance of residential yards and lawns. (j) It shall be the company's obligation and responsibility to educate all customers on industry trends and best practices relating to solid waste collection, removal, and disposal. Such education programs must consist of the following elements: Recycling; holiday schedules; new customer information; and any service related items. All companies have the obligation to inform customers of any noncollected trash or items placed for collection by the customer but not covered under the agreement between the customer and the company. Further, it shall be the company's obligation and responsibility to educate customers on days of collection for each specific service provided. All education and communication between the company and customers should promote the placement of residential collectibles at the curb the night before pick-up. Receptacles, containers, or bagged materials shall not be left at the curb for longer than a 24-hour period. (Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08- 11-30, § 4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010) Sec. 46-67. - Vehicles to be covered and identified. (a) All vehicles used by company for the collection and transportation of refuse shall be covered at all times while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or properties adjacent thereto, and such vehicles shall be clearly marked with the company's name and telephone number in letters not less than STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 11 of 22 four inches in height. (b) Company must provide a comprehensive and proactive driver safety education program which encourages safety on city streets. Such program must be demonstrated and conveyed to the city. Company must comply with all other regulatory agencies, both local, state, or otherwise with respect to commercial vehicle operation within the city. Service calls received by the city as a result of noncompany performance will result in the consideration of revoking a nonexclusive contract or the city's choice to not renew an existing agreement. (c) Company must manage collection services delivered within the city to minimize the number of vehicles on city roads. Coordination between haulers and service providers is strongly encouraged to manage service vehicles on residential streets and neighborhoods. (d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is not feasible to use standard collection vehicles, such vehicles must be covered at all times while loaded and in transit should they exceed 30 miles per hour or be driven more than 300 yards on a public street. (Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08- 11-30, § 5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010) Sec. 46-68. - Regulation of containers. The company may rent, lease, provide or define specifications for containers to any customer within the corporate limits of the city for refuse storage and collection purposes subject to the following requirements: (1) All containers shall be constructed and maintained according to industry practice; (2) All containers shall be equipped with stable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents; (3) All containers, save and except those being used for the purpose of collecting and storing rubble, building and scrap construction materials, shall be equipped with covers suitable to prevent blowing or scattering refuse and access to the container by animals while the container is at the site designated by customer; (4) All containers shall be periodically cleaned, maintained, serviced and kept in a reasonably good state of repair, to prevent the unreasonable accumulation of refuse residues, to avoid excessive odor and harborage for rodents and flies resulting from excessive residues remaining after collection of containers; (5) All containers shall be clearly marked with the company's name and telephone number in letters not less than four inches in height; (6) All containers shall not be on public rights-of-way and shall be located so as to not interfere, block, obstruct or impede the normal use of any sidewalk, street, alley driveway or fire lane, or to block, obstruct or impede sight distance at street, road or alley intersections; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 12 of 22 (7) All containers, bins, or other collection instruments must be kept free from graffiti, rust, broken and nonoperational parts and pieces, and litter in and around the area; and (8) It shall be the responsibility of each company to educate their customers on the regulations of containers and maintain industry standards, policies, and procedures, which promote an aesthetically pleasing environment in and around all refuse and waste containers and receptacles. (Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08- 11-30, § 6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010) Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -68 from "Container requirements" to "Regulation of containers." Sec. 46-69. - Disposal of refuse. The company will deliver all waste collected by it from it's customers within the city, except for materials which the company may select for recovery and recycling, to a disposal facility that is permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of operation and disposal practices at the disposal facility will be observed and followed by the company while engaged in the disposal of refuse pursuant to this article. Any items collected as part of a recycling program must be delivered to a facility where recovery and reuse occurs. Should any company choose to offload or dispose of materials collected by one vehicle into another for transport to the final disposal facility, company shall make every available effort to perform such refuse transfer on property owned by the company or privately owned property where the company has an agreement with the property owner to perform such activity. In the event any transfer occurs on public land, including streets, alleys, rights-of-ways, roads, thoroughfares, avenues, parkways, expressways, or other areas designed and designated for public travel, company shall make every effort available to clean the area after completion of the transfer to insure the area is maintained at the same or better level than if the area was not used for this activity. In the event the city receives complaints regarding this practice, company shall be required to cease from this activity at the location of the complaint. (Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08- 11-30, § 7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010) Sec. 46-70. - Contract and rental fees. Contract fee. The streets, rights-of-way, and public easements to be used by the company in the operation of its business within the boundaries of the city as such boundaries now exist and exist from time to time during the term of this contract, are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and the city will incur costs to regulate and administer this article. In consideration of such benefits, costs and expenses, the company shall through the term of its contract collect an "infrastructure maintenance fee" equal to five percent of the company's gross receipts to customers within the city (exclusive of sales tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements sent by any company to a customer under this article. This fee is applicable to haulers that are providing trash and recycling collection to residential accounts as well as haulers STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 13 of 22 serving commercial accounts. (1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city and delivered to the city in conjunction with a statement indicating the derivation and calculation of such payment. Each such quarterly payment shall be due on the fifteenth day of the second month following the end of the quarterly period for which said payment is due. The quarterly payments shall be due on February 15, May 15, August 15, and November 15 of each year during the term hereof, with the February 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior December 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the May 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior March 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the August 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior June 30 and being payment for the rights and privileges granted hereunder for said calendar quarter, and the November 15 payment bei ng based upon the company's gross receipts during the calendar quarter ending the prior September 30 and being payment for the rights and privileges granted hereunder for said calendar quarter. During the implementation of this article, all bills generated by companies after December 1, 2006, shall include the infrastructure maintenance fee. The city shall provide material relating to the education and marketing efforts of the infrastructure maintenance fee as well as provide education and training to company employees to ensure a consistent message is conveyed to constituents of the City of Milton. For purposes of verifying the amount of such fee, the books of the company shall at all reasonable times be subject to inspection by the duly authorized representatives of the city. If the infrastructure maintenance fee is not paid by the due date as set forth herein, the company from whom the fee was due shall be assessed and shall pay a late fee in the amount of 10% of the amount not timely paid. In addition, all amounts otherwise due, including late fees, shall accrue interest at the rate of 1.5% per calendar month beginning 30 days after the original due date. (2) No other rental fees. The contract fee shall be in lieu of any and all other city- imposed rentals or compensation or contract, privilege, instrument, occupation, excise or revenue taxes or fees and all other exactions or charges (except ad valorem property taxes, special assessments for local improvements, city sales tax, and such other charges for utility services imposed uniformly upon persons, firms or corporations then engaged in business within the city) or permits upon or relating to the business, revenue, installations and systems, fixtures, and any other facilities of the company and all other property of the company and its activities, or any part thereof, in the city which relate to the operations of the company pursuant to this article; provided, that this shall not be construed to prevent the company from being required to pay any and all applicable fees and charges in effect from time to time for dumping at a landfill or transfer station. (3) Credit for fees paid. Should the city not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that it will apply so much of said sums of money paid as may be necessary to company's obligations, if any, to pay any such contract, ordinance charges, other charges, fees, rentals, easement, taxes or charges. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 14 of 22 (4) Reporting. Any company providing service pursuant to this article or a resulting contract shall from time to time provide the city with the necessary statistics regarding waste collected and disposed which shall allow the city to comply with state reporting requirements. Such information shall be in the manner and format requested by the city and provide adequate details for the city to maintain compliance with local, state, federal, and all other guidelines relating to solid waste collection, removal, and disposal. (5) Dedicated revenue. The infrastructure maintenance fee collected by the city under this article shall be dedicated to the following: (i) maintenance of the city's streets, corridors, alleys, thoroughfares, and transportation routes; (ii) administration of contract compliance between customers and companies where service is received as provided in this article; and (iii) collection of litter, trash and hazardous waste materials within the city. (Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08- 11-30, § 8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010) Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -70 from "Fees" to "Contract and rental fees." Sec. 46-71. - Compliance with law. The company shall conduct under this article in compliance with the material provisions of all applicable local, state and federal laws, rules and regulations, and with the general specifications contained in this article. (Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08- 11-30, § 9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010) Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -71 from "Compliance with local, state and federal regulations required" to "Contract and rental fees." Sec. 46-72. - Insurance provided by company. (a) Minimum coverage requirements. The company shall maintain throughout the term of its contract, property damage coverage, general liability insurance, and automobile liability insurance for any automobile owned or operated by company, with an insurance company authorized and licensed to do business in the State of Georgia and acceptable to the city, insuring against claims for liability and damages for the benefit of the city. The insurance shall include the city as an additional insured. General liability coverage insurance under this section shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate. Automobile liability insurance under this section shall, at a minimum, have limits of $1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both automobile liability insurance and general liability insurance is required. (b) Employer's liability. If the company is required by Georgia Statute, the company shall maintain throughout the term of the contract resulting from this article the requisite statutory workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance. Company shall be required to show compliance to this section by submitting documentation of such coverage from an approved carrier licensed in the State of Georgia, or documentation explaining the exemption from employer's liability STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 15 of 22 insurance should they not meet the state requirements to carry such coverage. (c) Certificate of insurance. The insurance policy, or policies, obtained by the company in compliance with this section shall be approved by the city manager or his designee in the city manager's or his designee's reasonable discretion, and the certificate of insurance for the insurance policy shall be filed and maintained with the city during the term of the contract resulting from this article with a copy of the endorsement required under subsection (d) to be attached or made a part of such certificate. (d) Endorsements. All insurance policies maintained pursuant to this article shall contain the following conditions by endorsement: (1) Additional insured. The city shall be an additional insured and the term "owner" and "city" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the city and the individual members, officers, employees and agents thereof in their official capacities and/or while acting on behalf of the city. (2) Other insurance clause. The policy clause "other insurance" shall not apply to the city when the city is an insured on the policy. (3) No recourse. Companies issuing the insurance policies shall not recourse against the city for payment of any premium or assessment. (e) Increase requirements. The city may choose to amend this article to make reasonable adjustments to the insurance coverage and their limits when deemed necessary and prudent based upon changes in statutory law, court decisions, or the claims history of the industry. (Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11-30, § 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010) Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -72 from "Company to provide insurance" to "Insurance provided by company." Sec. 46-73. - Indemnification and hold harmless. The company agrees to indemnify, defend and save harmless the city, its agents, officers and employees, against and from any and all claims by or on behalf of any person, firm, corporation or other entity arising from any negligent act or omission or willful misconduct of the company, or any of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon. Promptly after receipt from any third party by city of a written notice of any demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation (an "asserted claim") that may result in losses for which indemnification may be sought hereunder, the city shall give written notice thereof (the "claims notice") to the company provided, however, that a failure to give such notice shall not prejudice the city's right to indemnification hereunder except to the extent that the company is actually and materially prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses that have been or may be suffered by the city when such information is available. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 16 of 22 The company may elect to compromise or defend, at its own expense and by its own counsel, any asserted claim. If the company elects to compromise or defend such asserted claim, it shall, within 20 business days following its receipt of the claims notice (or sooner, if the nature of the asserted claim so required) notify the city of its intent to do so, and the city shall cooperate, at the expense of the company, in the compromise of, or defense against, such asserted claim. If the company elects not to compromise or defend the asserted claim, fails to notify the city of its election as herein provided or contests its obligation to provide indemnification under this agreement, the city may pay, compromise or defend such asserted claim with all reasonable costs and expenses borne by the company. Notwithstanding the foregoing, neither the company nor the city may settle or compromise any claim without the consent of the other party; provided, however, that such consent to settlement or compromise shall not be unreasonably withheld. In any event, the city and the company may participate at their own expense, in the defense of such asserted claim. If the company chooses to defend any asserted claim, the city shall make available to the company any books, records or other documents within its control that are necessary or appropriate for such defense. (Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11-30, § 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010) Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -73 from "Company to indemnify city; defense of suits" to "Indemnification and hold harmless." Secs. 46-74—46-92. - Reserved. DIVISION 3. - TERMINATION OF CONTRACT Sec. 46-93. - Forfeiture and terminating of contract. Sec. 46-94. - Transfer, sale or conveyance by company. Sec. 46-95. - Foreclosure. Sec. 46-96. - Receivership and bankruptcy. Secs. 46-97—46-115. - Reserved. Sec. 46-93. - Forfeiture and terminating of contract. (a) Material breach. In addition to all other rights and powers retained by the city under this article or otherwise, the city reserves the right to declare any resulting contract from this article forfeited and to terminate the contract and all rights and privileges of the company hereunder in the event of a material breach of the terms and conditions hereof. A material breach by company shall include, but shall not be limited to, the following: (1) Fees. Failure to pay the fees set out in section 46-70 (2) Telephone listings. Failure to keep and maintain a local telephone listing and office or answering service that is available by phone without long distance charge during regular business hours for service to the public, and which telephone or office shall, at minimum, provide and maintain the following services: a. Coordinate and provide information concerning deposits, payments and STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 17 of 22 accounts to customers and prospective customers; b. Respond to customer and prospective customer questions and issues about billings, accounts, deposits and services; c. Coordination with the city with respect to private sector and public works projects and issues related to or affecting the company's operation; and d. Immediate response, upon request, to police, fire and other emergency situations in which the public health and safety requires action with respect to or assistance regarding company's property. (3) Failure to provide service. Failure to materially provide the services provided for in this article; (4) Misrepresentation. Material misrepresentation of fact in the application for or negotiation of any contract resulting from this article; or (5) Conviction. Conviction of any director, officer, employee, or agent of the company of the offense of bribery or fraud connected with or resulting from the award of a contract from this article. (b) Operation information. Material misrepresentation of fact knowingly made to the city with respect to or regarding company's operations, management, revenues, services or reports required pursuant to this article. (c) Economic hardship. Company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. (d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of the company to comply with any material provision of this article or resulting contract within 30 days after written notice from city setting forth the specific provision and noncompliance, said notice to be mailed to company at its principal place of business by certified mail, return receipt requested, shall be deemed a breach of this article, and the city council, upon notice to company and hearing, may, for good cause declare a contract forfeited and exclude company from further use of the streets of the city under this article, and the company shall thereupon surrender all rights in and under this article and contract. (1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a), (b), (c), (d), the city shall make a written demand that the company comply with any such provision, rule, order, or determination under or pursuant to this article. If such violation by the company continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the council may take under consideration the issue of termination of the resulting contract from this article. The city shall cause to be served upon company, at least 20 days prior to the date of such a council meeting, a written notice of intent to request such termination and the time and place of the meeting. Notice shall be given of the meeting and issue which the council is to consider. (2) Hearing. The council shall hear and consider the issue, hear any person interested therein, and shall determine whether or not any violation by the company STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 18 of 22 has occurred. (3) Forfeiture. If the council shall determine that the violation by the company was the fault of company and within its control, the council may declare the contract forfeited and terminated, or the council may grant to company a period of time for compliance. (Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11-30, § 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010) Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -93 from "Forfeiture" to "Forfeiture and terminating of contract." Sec. 46-94. - Transfer, sale or conveyance by company. The company shall not transfer, assign, sell or convey any rights granted under any resulting contract from this article without the prior approval of the city council; provided that this section shall not apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery, containers and buildings by company for the purpose of maintaining and continuing its operation within the city; and provided further that company may, in its sole discretion and upon written notice to the city, transfer, assign, sell or convey their rights under this article to a wholly owned subsidiary of the company or to an affiliated entity that is under common control with company (i.e., has a common parent entity). (Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11-30, § 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010) Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -94 from "Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or conveyance by company." Sec. 46-95. - Foreclosure. upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the company used for and dedicated to providing service pursuant to this article, the company shall notify the city of such fact, and such notification shall by treated as a notification that a change in control of the company has taken place and the provisions of this article governing the consent of the council to such change in control of the company shall apply. Upon the foreclosure or judicial sale, or the leasing of all or a substantial part of the property and assets of the company dedicated to and used for the purposes of providing service pursuant to this article, without the prior approval of the council, the council may, upon hearing and notice, terminate any contract resulting from this article. (Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11-30, § 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010) Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -95 from "Foreclosure or judicial sale" to "Foreclosure." Sec. 46-96. - Receivership and bankruptcy. Cancellation option. The council shall have the right to cancel any contract resulting from STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 19 of 22 this article 120 days after the appointment of a receiver or trustee to take over and conduct the business of the company, whether in receivership, reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, unless: (1) Trustee compliance. Within 120 days after his election or appointment, such receiver trustee shall have fully complied with all the provisions of this article and remedied all defaults thereunder; or (2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an agreement, duly-approved by the court having jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by each and every provision of this article granted to the company. (Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11-30, § 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010) Secs. 46-97—46-115. - Reserved. DIVISION 4. - ADDITIONAL PROVISIONS Sec. 46-116. - Retention of city police powers. Sec. 46-117. - Amendments of city ordinances and regulations. Sec. 46-118. - Taxes. Sec. 46-119. - Public necessity. Sec. 46-120. - No suspension of laws. Sec. 46-121. - Peaceful employment. Sec. 46-122. - Endorsements and records. Sec. 46-123. - Acceptance by company. Sec. 46-116. - Retention of city police powers. The city retains and reserves all of its police powers and the rights, privileges, and immunities that it now has under the law to regulate, patrol and police the streets and public ways within the city, and the granting of any contract as a result of this article shall in no way interfere with the improvements to, or maintenance of, any street, alley or public way, and the rights of the city to use said streets, alleys and public ways. (Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11-30, § 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010) Sec. 46-117. - Amendments of city ordinances and regulations. The city reserves the right and power, pursuant to its police power, after due notice to company, to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the city, and to impose such additional conditions, that are not inconsistent with the rights granted by this article, upon the company and all persons, firms or entities of the same class as the company, as may be reasonably necessary in STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 20 of 22 the discretion of the city council to preserve and protect the public, health, safety and welfare and/or insure adequate service to the public. (Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11-30, § 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010) Editor's note— Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 117 from "Reservation to amend city ordinances and regulations" to "Amendments of city ordinances and regulations." Sec. 46-118. - Taxes. The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are imposed upon the company. Absent an administrative or judicial challenge, or appeal, the failure to pay any such tax, levy or assessment shall be a breach of this article. (Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11-30, § 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010) Editor's note— Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 - 118 from "Payment of taxes required" to "Taxes." Sec. 46-119. - Public necessity. The council hereby finds and declares that the public welfare, convenience and necessity require the service which is to be furnished by the company. (Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11-30, § 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010) Editor's note— Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 - 119 from "Disposal of solid waste deemed public necessity" to "Public necessity." Sec. 46-120. - No suspension of laws. All provisions of the ordinances of the city as now existing or as may be amended from time to time, and all provisions of the statutes of the State of Georgia applicable to general law cities shall be a part of any resulting contract from this article as fu lly as if the same had been expressly stated herein, and said the city retains and may exercise all of the governmental and police powers and all other rights and powers not directly inconsistent with the terms, conditions and provisions of this article. (Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11-30, § 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010) Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 120 from "City ordinances and state law considered part of contract" to "No suspension of laws." Sec. 46-121. - Peaceful employment. From and after the effective date of this article, the city and the company shall be and are hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of this article and any resulting contract and, subject thereto, the company shall collect rates for service, operate and conduct its business and work within the city, STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 21 of 22 and enjoy the benefits and privileges of this article during the term hereof. (Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11-30, § 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010) Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 121 from "City and company to rely on this chapter" to "Peaceful employment." Sec. 46-122. - Endorsements and records. The city clerk is directed to make endorsements as appropriate over his/her official hand and the seal of the city on the form provided at the conclusion of this article, for the public record and convenience of the citizens, of the date upon which this article is finally passed and adopted. (Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11-30, § 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010) Sec. 46-123. - Acceptance by company. Within 30 days after the passage of this article, or within 30 days of establishing a business within the corporate city limits, all companies operating a residential or commercial refuse waste service shall file with the city its acceptance of the terms and provisions of this article, and request for contract. The acceptance and request for contract shall be in writing on the company's letterhead and provide as follows: City of Milton Attention: City Manager 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 ____________ (the "Company"), acting by and through an officer who is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to operate a refuse and solid waste collection and disposal system within the City as said Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each term, provision and condition of the Ordinance, to accept and to give the benefits provided by the Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a businesslike and reasonable manner and in compliance with the Ordinance. Company: ..... By: ..... Printed Name: ..... Title: ..... (Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 22 of 22 Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 123 from "Written acceptance of company required" to "Acceptance by company." 46-124. – Decal Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the company a decal designating the company as an approved Milton hauler in compliance with the City’s solid waste ordinance. NOME OF' E STA IS I.IS I i ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Final Service Delivery Strategy Agreement between the City of Milton, Fulton County, and All Other Municipalities in Fulton County. MEETING DATE: Monday, November 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: K YES () NO CITY ATTORNEY REVIEW REQUIRED. YES () NO APPROVAL BY CITY ATTORNEY (APPROVED O NOT APPROVED PLACED ON AGENDA FOR: �\ )Itc�l� REMARKS © 10 Your *** PHONE: 678.242.25001 FAX: 678.242.2499 Greenn_ *c niEenifi d ; ro'v iou ��t r" infoftilfyofmilfonga.us I www.cityofmiltonga.us Commuty t; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 SERVICE DELIVERY STRATEGY FOR FULTON COUNTY AND THE CITIES OF: ALPHARETTA ATLANTA CHATTAHOOCHEE HILLS COLLEGE PARK EAST POINT FAIRBURN HAPEVILLE JOHNS CREEK MILTON MOUNTAIN PARK PALMETTO ROSWELL SANDY SPRINGS UNION CITY July 17, 2015 Formatted: Emphasis, Font: Calibri, 11 pt ATTACHMENT – III Service Delivery Strategy • 911 3 • Animal Control 7 • Communications (Non-911) 12 • Courts 16 • Drug Task Force 20 • Fire 23 • Aviation 28 • Indigent Care 31 • Law Enforcement (Police and Marshal) 34 • Mental Health/Development Disability/Addictive Diseases (MH/DD/AD) 39 • Public Defender 41 • Recreation Programs 43 • Recycling Programs/Curbside 46 • Refuse Collection 51 • Senior Centers 55 • Wastewater (Treatment and Collection) 58 • Water System (Treatment and Distribution) 67 • Welfare Services 70 • Yard Waste Collection 73 • Arts Grants Program 77 • Arts Programs 80 • Building Inspections & Permits 83 • Code Enforcement 86 • Computer Maps (GIS) 89 • Disability Affairs 93 • Economic Development 95 • Elections 98 • Emergency Management (EMS) 101 • Environmental Health 104 • Environmental Regulation 108 • Housing 111 • Parks 115 • Physical Health 118 • Planning & Zoning 121 • Solicitor 124 • Street Construction and Maintenance 128 • Storm Water 129 • Voter Registration 135 • Workforce Development 136  Jail 139 ATTACHMENT IV Exhibits 1 ______________________________________ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SERVICE DELIVERY STRATEGY FOR FULTON COUNTY PAGE 1 I. GENERAL INSTRUCTIONS: 1. Only one set of these forms should be submitted per county. The completed forms should clearly present the collective agreement reached by all cities and counties that were party to the service delivery strategy. 2. List each local government and/or authority that provides services included in the service delivery strategy in Section II below. 3. List all services provided or primarily funded by each general purpose local government and authority within the county in Section III below. It is acceptable to break a service into separate components if this will facilitate description of the service delivery strategy. 4. For each service or service component listed in Section III, complete a separate Summary of Service Delivery Arrangements form (page 2). 5. Complete one copy of the Summary of Land Use Agreements form (page 3). 6. Have the Certifications form (page 4) signed by the authorized representatives of participating local governments. Please note that DCA cannot validate the strategy unless it is signed by the local governments required by law (see Instructions, page 4). 7. Mail the completed forms along with any attachments to: Georgia Department of Community Affairs Office of Coordinated Planning For answers to most frequently asked questions on 60 Executive Park South, N.E Georgia’s Service Delivery Act, links and helpful. Atlanta, Georgia 30329 publications, visit DCA’s website at www.dca.servicedelivery.org, or call the Office of Coordinated Planning at (404) 679-3114. Note: Any future changes to the service delivery arrangem ents described on these form s will require an official update of the service delivery strategy and submittal of revised forms and attachments to the Georgia Departm ent of Community Affairs. II. LOCAL GOVERNMENTS INCLUDED IN THE SERVICE DELIVERY STRATEGY: In this section, list all local governments (including cities located partially within the county) and authorities that provide services included in the service delivery strategy. Fulton County, Alpharetta, City of Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs, Union City, Roswell Housing Authority, ChatCom Authority, Union City Housing Authority, Fairburn and Palmetto Housing Authority, South Fulton Municipal Regional Jail Authority, South Fulton Municipal Regional Water and Sewer Authority, Fulton/DeKalb Hospital Authority, Housing Authority of Fulton County, College Park Housing Authority, Milton Parks Authority, Milton Facilities Authority, Atlanta Downtown Improvement Development Authority, Atlanta Urban Redevelopment Agency, Atlanta Housing Authority, Atlanta-Fulton County Recreation Authority, Development Authority of Fulton County, Development Authority of DeKalb County, Metro Atlanta Joint Development Authority, Metro Atlanta Rapid Transit Authority, Fulton County Urban Redevelopment Agency; Building Authority of Fulton County; College Park Business and Industrial Development Authority Development Authority of Hapeville, Fulton County Residential Care Facilities for the Elderly Authority, Clayton County Water Authority 2 III. GOVERNING PROVISIONS: 1. Unless otherwise specified herein, agreements between and among the parties hereto may be changed or cancelled without modifying, cancelling, or affecting in any way, this Service Delivery Strategy. 2. The parties have engaged in good faith negotiations and reached agreement as to the Fulton County Service Delivery Strategy (“Strategy”), pursuant to the requirements of the Service Delivery Act O.C.G.A. § 36 -70-20, et seq. (the “Act”); and affirmatively declare that this Strategy is not intended to limit or supersede the rights and powers of each and every party to this Strateg y as to each parties’ respective rights and powers granted by the State of Georgia, as political subdivisions of the State of Georg ia, as may be set out in respective City or County Charters, the Georgia Constitution, the Official Code of Georgia or other applicable law, except as affirmatively required by the Act; and the parties expressly reserve such rights and powers. 3 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton Service: 911 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach an UPDATED legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required. Fulton, Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Palmetto, Chattahoochee Hills, Roswell, Union City, Mountain Park:, Sandy Springs and, Johns Creek using ChatCom Authority for 911:, Milton using Alpharetta for 911 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 4 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Not Applicable 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: Intergovernmental Roswell and Mountain Park 4/30/98 – indefinite 911 Intergovernmental Alpharetta and Milton 10/1/08 through 9/30/18 911 Intergovernmental Palmetto and Fulton County 12/19/07 through12/18/17 911 Intergovernmental Fulton County and Fairburn 1/1/2015 through 12/31/2018 911 Intergovernmental Fulton County and Chatt Hills 3/1/15 through 12/31/18 911 Intergovernmental Fulton County and Union City 3/1/15 through 12/31/18 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: L a u r a Le w i s Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-8320 PAGE 2 (continued) 5 SERVICE DELIVERY STRATEGY Services: 911 Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: All municipalities in Fulton will continue to provide their own 911 services within their respective cities, with the exception of Mountain Park, which will continue to contract with Roswell for 911 services. Palmetto, Fairburn, Union City, and Chattahoochee Hills contract with Fulton County for 911 services. Milton contracts with Alpharetta for 911 services. Sandy Springs and Johns Creek contract with ChatCom for 911 services. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta 911 Fund/User Fees Atlanta 911Fund/User Fees/General Fund Chattahoochee Hills 911 Fund/User Fees College Park 47% 911 Fund/ 53% General Fund East Point General Fund/911 Fund/User Fees Fairburn 911Fund/User Fees/General Fund Hapeville 911 Fund/User Fees Johns Creek 911Fund/General Fund /User Fees Milton 911 Fund /User Fees (potential General Fund) Mountain Park 911 User Fees Palmetto 911 Fund/User Fees Roswell 911 Fund/User Fees 6 Sandy Springs 911 Fund/User Fees/General Fund Union City 911 User Fees/General Fund Fulton County 911 Fund/User Fees 7 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Animal Control 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County and all municipalities 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 8 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? The Fulton County General Fund will pay for rabies related activities. Fulton County will fund other animal control services from the Special Service District, based on calls for service in the unincorporated areas of the County. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates IGA Fulton/Atlanta 7/1/14-12/31/17 IGA Fulton/Sandy Springs 2014-6/30/17 IGA Fulton/Union City 2014-6/30/17 IGA Fulton/Fairburn 2014-6/30/17 IGA Fulton/City of Roswell 2014-6/30/17 IGA Fulton/Chattahoochee Hills 2014-6/30/17 IGA Fulton/Alpharetta 2014-6/30/17 IGA Fulton/City of Milton 2014-6/30/17 IGA Fulton/Hapeville 2014-6/30/17 IGA Fulton/College Park 2014-6/30/17 IGA Fulton/Palmetto 2014-6/30/17 IGA Fulton/Mountain Park 2014-6/30/17 IGA Fulton/East Point 2014-6/30/17 IGA Fulton/Johns Creek 2014-6/30/17 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: La u r a Le w i s Phone number: 404.612.0246 Date completed: J u l y 1 7 , 2 0 1 5 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No 9 If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-8320 PAGE 2 (continued) 10 SERVICE DELIVERY STRATEGY Services: Animal Control Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County and municipalities in Fulton County share the cost of animal control services provided by a vendor which has a contract with Fulton County. The current contract provides for the County General Fund to pay an adjustable percentage (determined by the number of calls received that are related to rabies activities) of the cost of the contract for animal control services. The remaining contract cost is paid by the County Special Service District Fund (Unincorporated Fulton County) and the municipalities based on calls for services provided to the respective municipalities and unincorporated areas. Citations issued by animal control personnel within a municipality shall be prosecuted in the municipal court of that municipality. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund 11 Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund Fulton County (Unincorporated) SFSSD 12 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Communications (Non-911) 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.):  Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 13 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County General Fund/ User Fees/Enterprise Fund (Water/Sewer) Municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? This service was not delineated in the previous Service Delivery Strategy. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 800 MHz IGA Fulton County / Chattahoochee Hills 3/1/15 through 12/31/18 800 MHz IGA Fulton County / Palmetto 1/2014 through 12/2018 800 MHz IGA Fulton County / Johns Creek 1/1/15 through 12/31/18 800 MHz IGA Fulton County / Fairburn 1/1/15 through 12/31/18 800 MHz IGA Fulton County / Milton 1/1/15 through 12/31/15 800 MHz IGA Fulton County / Mountain Park 1/1/15 through 12/31/15 800 MHz IGA Fulton County / Sandy Springs 1/1/15 through 12/31/15 800 MHz IGA Fulton County / Alpharetta 1/1/15 through 12/31/15 800MHz IGA Fulton County / Roswell 1/1/15 through 12/31/15 800 MHz IGA Fulton County / Union City 1/1/15 through 12/31/18 Unified Radio System IGA Alpharetta/Milton/Roswell/Sandy Springs 1/28/13 through 1/27/33 800 MHz IGA Atlanta/College Park ? 800 MHz IGA Fulton County / Fulton County School Bd. 1/1/15 through 12/31/18 800 MHz IGA Fulton County / Chatt. River Nat’l Recreation Area 1/1/15 through 12/31/18 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? ✔ Yes No Formatted: Right: -0.05", Line spacing: single 14 If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 15 SERVICE DELIVERY STRATEGY Services: Communications (Non -911) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County provides certain county-wide, non-911 system communication services, including (but not limited to) the 800 MHZ radio communications system. These systems allow for communications among public-safety agencies and other governmental users and also allow for communications to the general public. Atlanta provides a non-911 communications service within its boundaries and to other users, including those identified in the intergovernmental agreements listed in Section 5. The North Fulton Regional Radio System Authority provides a unified radio system to Roswell, Sandy Springs, Milton and Alpharetta. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund 16 Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund/800 MHz System Fees/ Enterprise Fund (Water/Sewer) 17 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Courts 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County provides Probate, Magistrate , Juvenile, State and Superior Courts County- wide. Each Municipality provides municipal courts within its jurisdiction. 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 18 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: General state law 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g. ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc. and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 j Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued)  19 SERVICE DELIVERY STRATEGY Services: Courts Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Magistrate, Probate, Juvenile, State and Superior Court services to the unincorporated and incorporated areas of Fulton County. Each municipality within the county provides and will continue to provide Municipal Court services within their respective city where the municipal court has jurisdiction under the state law and city charter. COURTS FUNDING ARRANGEMENT (Superior, State, Magistrate, Probate, and Juvenile) Local Government Funding Method Fulton County General Fund/ South Fulton Special Services District (SFSSD) Municipal Courts Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund 20 Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund 21 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Drug Task Force 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Mountain Park Palmetto, Roswell, Union City, Milton and Johns Creek Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 22 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes √ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 23 SERVICE DELIVERY STRATEGY Services: Drug Task Force Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide drug enforcement services to the unincorporated areas of the Fulton County. Each municipality within the county will continue to provide drug enforcement services within their respective city. Further, the GBI and the DEA provide overlapping support to the County and the cities. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County SFSSD 24 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Fire 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County, Alpharetta, Atlanta, College Park, East Point, Hapeville, Roswell, Union City, Chattahoochee Hills, Sandy Springs, Johns Creek, Palmetto, Milton and Fairburn 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified?  Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 25 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: IGA Mutual Aid Atlanta/Sandy Springs/DeKalb/Cobb ? IGA Mutual Aid Palmetto/Fairburn 12/11/07- Annual Automatic Renewal IGA Mutual Aid Palmetto/Chattahoochee Hills 6/2/08 – Annual Automatic Renewal IGA Automatic Aid Alpharetta/Milton 10/01/2008 – Annual Automatic Renewal IGA Automatic Aid GA Mutual Aid Group GAMAG- 5/00 - indefinite IGA Mutual Aid Roswell/Milton 10/26/07 – Annual Automatic Renewal Mutual Aid Agreement College Park Secretary of the Army 2/7/2002-effective until 90 day notice Mutual Aid Agreement Fulton County/College Park 6/21/2003 - Mutual Aid Agreement Atlanta/College Park 1/4/2010-12/31/2015 – Agreement will be reviewed and renewed annually on January 1st each year of this term” MOU Metro Atlanta Urban Area Security Initiative/Atlanta ? Mutual Aid Resource Pact Atlanta/Georgia Mutual Aid Group 3/14/94 IGA Mutual Aid Palmetto/Union City 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given IGA Mutual Aid Union City/Atlanta 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given IGA Mutual Aid Union City/College Park 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given 26 IGA Mutual Aid Union City/Fulton County 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given IGA Mutual Aid Union City/Fairburn 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given IGA Mutual Aid Fulton County/Roswell 8/20/03 – Annual Automatic Renewal (terminable if 90 day notice is given) IGA Mutual Aid Fulton County/Douglas County 8/20/03 – Annual Automatic Renewal (terminable if 90 day notice is given) IGA Mutual Aid Fulton County/College Park 9/17/03 - Annual Automatic Renewal (terminable if 90 day notice is given) IGA (Cascade Corridor) Fulton County/Atlanta ? Public Safety IGA Roswell/Mountain Park 4/20/2009 – no end date 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? The Georgia Mutual Aid Group. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) Formatted: Indent: Left: 0.28", Right: -0.01", Space Before: 0 pt, Line spacing: single 27 SERVICE DELIVERY STRATEGY Services: Fire Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide fire services to the unincorporated areas of Fulton County and a limited area within the City of Atlanta known as the Cascade Corridor. Each municipality within the County, with the exception Mountain Park, will continue to provide fire services within their respective cities. Mountain Park has a volunteer fire department which provides fire services within the city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund/Enterprise Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Palmetto General Fund Chattahoochee Hills General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund 28 Fulton SFSSD 29 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Aviation 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.):  Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No maps required Fulton County, City of Atlanta, College Park, and Hapeville 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 30 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: City of Atlanta Enterprise Fund Fulton County Enterprise Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed:July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 31 SERVICE DELIVERY STRATEGY Services: Aviation Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: The City of Atlanta owns and operates the Hartsfield-Jackson Atlanta International Airport, which is located within the City of Atlanta, the City of College Park, the City of Hapeville and Clayton County and provides international airport services. Fulton County owns and operates the Fulton County Airport, which is located within unincorporated Fulton County and provides airport services to the region. 32 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Indigent Care 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.):  Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): Fulton County, Fulton/DeKalb Hospital Authority and City of Atlanta 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 33 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County General Fund/ MOU Fulton/ DeKalb Hospital Authority MOU City of Atlanta/Hospital Authority General Fund/ Contract 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: MOU Fulton County/Hospital Authority Contract City of Atlanta/Hospital Authority 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 34 SERVICE DELIVERY STRATEGY Services: Indigent Care Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County provides and will continue to provide indigent care services to the unincorporated and incorporated areas of Fulton County. Indigent care is available to the residents of Fulton County through the Fulton/DeKalb Hospital Authority and the Grady Memorial Hospital Corporation (Grady Hospital). The City of Atlanta also provides for Indigent Care to citizens of the City of Atlanta through a contract with Grady Hospital. 35 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Law Enforcement (Police and Marshal) 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required All cities and Fulton County provide police services within their jurisdictions. Roswell and Fulton County provide Marshal services. 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 36 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: Police Protection Agreement East Point /College Park 2/4/2003 – Annual Automatic Renewal Mutual Aid Agreement Atlanta/College Park 5/5/2005 – Annual Automatic Renewals) Cooperative Agreement MARTA/College Park 8/17/2007 – With written notice Public Safety IGA Roswell/Mountain Park 4/20/2009 – no end date 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 37 SERVICE DELIVERY STRATEGY Services: Law Enforcement (Police and Marshal) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide police service to the unincorporated areas of the Fulton County. These duties include patrol, criminal investigation, apprehension, and crime prevention activities. These activities are funded through the South Fulton Tax District. There is also a section of Fulton County police service that is funded through the General Fund. One is the identi fication unit, which provides fingerprint checks for prospective employees, firearm permits, business license applicants, work permits, and crime scene technicians. The other is building security, which provides county-wide physical security support. Each municipality within the county provides and will continue to provide police services within their respective city. The County Marshal’s office is to directly support the State and Magistrate Courts of Fulton County. The Marshal provides service to all portions of unincorporated and incorporated Fulton County. When called upon, the Marshal will protect life and property, preserve the peace, prevent crime, arrest violators of the law, and enforce all Federal, State and local laws and ordinances coming within the State Court’s jurisdiction. Many jurisdictions have mutual aid agreements for the purpose of sharing equipment and/or resources. 38 FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Grants/ Forfeiture Funds Atlanta General Fund/Grants/ Forfeiture Funds Chattahoochee Hills General Fund College Park General Fund/Grants/ Forfeiture Funds East Point General Fund/Grants/ Forfeiture Funds Milton General Fund/Grants/ Forfeiture Funds Roswell General Fund Sandy Springs General Fund/Grants/ Forfeiture Funds Fairburn General Fund/Grants/ Forfeiture Funds Hapeville General Fund/Grants/ Forfeiture Funds Johns Creek General Fund/ Grants/Forfeiture Funds Mountain Park General Fund/Grants/ Forfeiture Funds Palmetto General Fund/Grants/ Forfeiture Funds Roswell General Fund/Grants/ Forfeiture Funds Union City General Fund/Grants/ 39 Forfeiture Funds Fulton County SFSSD/Grants/ Forfeiture Funds/General Fund 40 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County Fulton County Service: Mental Health, Developmental Disability, Addictive Diseases 1. Check the box that best describes the agreed upon delivery arrangement for this service: ✔ Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 41 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County Health Grant Fund (General Fund, State Funds, Federal Funds) 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 42 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Public Defender 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): _______________________________________________________________________________ Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.):  Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County and all cities within Fulton County. 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 43 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc. Local Government or Authority: Funding Method: Fulton County General Fund /Special Service District Fulton Municipalities General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Each municipality is required to provide public defender services pursuant to the law. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Each municipality shall be responsible for providing its own Public Defender for its municipal court 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 44 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Recreation Programs 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No maps required Fulton County, Alpharetta – Private Provider, Atlanta, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Union City, Sandy Springs, Chattahoochee Hills, Milton, and Johns Creek Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 45 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: J u l y 1 7 , 2 0 1 5 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local governments projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 46 SERVICE DELIVERY STRATEGY Services: Recreation Programs Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs, and Union City. Strategy: Fulton County will continue to provide Recreation services to the unincorporated Fulton County. Each municipality within the county will continue to provide Recreation services within their respective city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/Fees/Grants Chattahoochee Hills General Fund/Fees College Park General Fund /Car Rental Tax/Fees East Point General Fund/Fees Fairburn General Fund/Fees Hapeville General Fund/Fees Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund/Fees Roswell General Fund/Enterprise/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD 47 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Recycling Programs/Curbside 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area) No map required Fulton County and all municipalities within Fulton County. Municipalities Service Provider Atlanta Atlanta College Park Public Works Department East Point ? Union City Private Company Alpharetta Private Company Mountain Park Private Company Roswell Private Company Milton Private Company Johns Creek Private Company Hapeville Private Company Chattahoochee Hills Private Company Fairburn Private Company Palmetto Private Company Sandy Springs Private Company Fulton County Private Company 48 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County See Funding Arrangement Fulton Municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Services provided by approved haulers in compliance with Solid Waste Management Plan. 49 7. Person completing form: Stacey Grundy Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person (s) and phone number (s) below: County Manager (404) 612-0832 PAGE 2 (continued) 50 SERVICE DELIVERY STRATEGY Services: Recycling/Curbside Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Recycle/Curb Side services will continue to be provided by private contractors in Unincorporated Fulton County. The cities of Atlanta and College Park will continue to provide recycling services within their respective cities. The cities of Alpharetta, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek, Chattahoochee Hills and Union City provide their residents with recycling services through contracts with private waste haulers. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta Enterprise Fund Atlanta Enterprise Fund Chattahoochee Hills Private Contract College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund Johns Creek Customer Contract Milton Customer Contract Mountain Park Enterprise Fund 51 Palmetto Enterprise Fund Roswell Enterprise Fund Sandy Springs Customer Contract Union City Enterprise Fund Fulton County SFSSD 52 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Refuse Collection 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County and all municipalities within Fulton County 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 53 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 54 SERVICE DELIVERY STRATEGY Services: Refuse Collection Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Refuse Collection services will continue to be provided by private contractors in unincorporated Fulton County. The cities of College Park, East Point, Hapeville, and Roswell will continue to provide refuse collection within their respective cities. The cities of Alpharetta, Fairburn, Mountain Park, Palmetto, Sandy Springs, Union City and Milton and Johns Creek will provide their citizens with refuse collection through franchise agreements or contracts with private waste haulers. The City of Atlanta will continue to provide refuse collection to include dead animal collection and disposal within the City of Atlanta’s corporate limits. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta Enterprise Fund Atlanta Enterprise Fund Chattahoochee Hills Customer Contracts College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund Johns Creek Customer Contracts Milton Customer Contracts Mountain Park Enterprise Fund 55 Palmetto Enterprise Fund Roswell Enterprise Fund Sandy Springs Customer Contracts Union City Enterprise Fund Fulton County SFSSD 56 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Senior Centers 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): Fulton County, Alpharetta, College Parkrk Rowel,, Union City, Johns Creek 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 57 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See funding arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 58 SERVICE DELIVERY STRATEGY Services: Senior Centers Parties: Fulton County and the cities of Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to operate and manage 15 neighborhood senior centers through the Office of Aging within the Aging and Youth Services Department. The neighborhood senior centers are located within the following municipalities: Atlanta, Alpharetta, Roswell, Hapeville, College Park, Fairburn, Palmetto, Milton and Sandy Springs. The centers are managed by three non-profit agencies under contract with Fulton County and geographically located to provide optimum community- based services. Funding is a combination of Federal (Older Americans Act), State and General Funds. The cities of College Park, Johns Creek, Union City, Roswell, and Alpharetta each have an independent senior center. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Grants College Park General Fund/Grants Roswell General Fund/Grants Union City General Fund/Grants Johns Creek General Fund/Grants Fulton County General Fund/Grants 59 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Wastewater 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): Maps attached as indicated in the detailed Service Delivery Strategy explanations. (No maps attached) Fulton County, Atlanta, Cobb County, College Park, East Point, Fairburn, Hapeville, Milton, Palmetto, Union City, Clayton County Water Authority 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 60 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See funding arrangements See Funding Arrangement See funding arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: (see attached service area boundary map, which may be amended via IGA.) Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: Sewer Service Agreement Clayton County – City of College Park 5/1/2006 – 10 Years Water Pollution Control Service Agreement City of Atlanta; City of College Park May 12, 1978-2028 (50 years) City of Atlanta and Fulton County Sewer Collection and Billing Agreement City of Atlanta; Fulton County October 12, 2007- 2022 (15 years) City of Atlanta and Fulton County Wastewater Services Agreement For Camp Creek Water Reclamation Facility City of Atlanta; Fulton County October 12, 2007- 2022 unless renewed for additional 5 yrs. City of Atlanta and Fulton County Wastewater Services Agreement for R. M. Clayton Water Reclamation Center City of Atlanta; Fulton County October 12, 2007-2022, unless renewed for additional 5 yrs. City of Atlanta and Fulton County Wastewater Services Agreement for Utoy Creek Water Reclamation Center City of Atlanta ; Fulton County October 12, 2007-2022, unless renewed for additional 5yrs. City of Atlanta and City of East Point Water Pollution Control Service Agreement City of Atlanta; City of East Point July 17, 1979-2029 City of Atlanta and City of Hapeville Water Pollution Control Service Agreement City of Atlanta; City of Hapeville December 28, 1979-2029 Permanent Contract ( Wastewater Treatment) City of Atlanta; Cobb County May 23, 1972 - Unspecified Wastewater Service Agreement City of College Park; Fulton County October 25, 2007 – October 24, 2057 61 Control Plant Contract City of College Park; City of East Point; Fulton County; City of Atlanta 1958 – 1971 (incorporated into this agreement) Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service by Fulton County to Certain Property Located within the City of Milton (to include multiple amendments and related resolutions) Fulton County; City of Milton December 3, 2012 / December 3, 2062(see attached service area boundary map) Wastewater Services Agreement Fulton County; Union City July 17, 2013 – 2028, unless renewed for additional 5 years Wastewater Services Agreement Fulton County/Palmetto 10/20/2004 through 10/19/2034 Wastewater Services Agreement Fulton County/Fairburn 6/16/04 through 2019 Sewer Coop Agreement Fulton County/Fairburn 6/7/00 through South Fulton Municipal Regional Water and Sewer Authority Agreement Fairburn/Palmetto/Union City 2000 - ongoing 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) Formatted Table 62 SERVICE DELIVERY STRATEGY Services: Wastewater Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Wastewater services are provided at various service levels on retail and/or a wholesale basis, as further described below: Fulton County: Fulton County provides wastewater service on a wholesale basis to Atlanta, portions of College Park, East Point, Union City, Fairburn and Palmetto, as further described in the intergovernmental agreements referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Fulton County provides wastewater services on a retail basis to its customers generally in unincorporated South Fulton County, Johns Creek, Alpharetta, portions of Milton, Mountain Park, Roswell, Sandy Springs and portions of Atlanta, College Park, Fairburn, Palmetto and Union City, as further depicted in the attached customer or service boundary maps and intergovernmental agreements referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Fulton County only provides wastewater services on a retail basis to the sewered portion of the City of Milton, which area is more particularly described in the attached sewer boundary map. Pursuant to the Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service by Fulton County to Certain Property Located within the City of Milton (including the amendments thereto), the City Council is now authorized by formal Council action to unilaterally authorize Fulton county to provide sewer service to additional parcels over and above those reflected in the current sewer boundary map. This unilateral process has been utilized by the Milton Council and is an efficient mechanism by which the City may authorize the modification of the sewer boundary while providing Fulton the right, but not obligation, to extend sewer service and sewer infrastructure. Based upon the above- Formatted: Indent: Left: 1.81", Right: 0.06", Space After: 0 pt, Line spacing: Multiple 1.33 li, No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers, Tab stops: 1.85", Left 63 referenced IGA and the amendments and related resolutions thereto, the SDS dispute between the City of Milton and Fulton County regarding wastewater service is resolved. City of Atlanta: Atlanta provides wastewater services to its customers on a retail basis generally within its municipal boundaries, Fort McPherson, and the Hartsfield-Jackson Atlanta International Airport, which lies partially within Clayton County, College Park, Atlanta, and Hapeville, as further depicted in the attached customer maps. Atlanta provides wastewater services on a wholesale basis to portions of Fulton County, portions of College Park, portions of East Point and Hapeville, as further described in the intergovernmental agreements referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Atlanta also provides billing services for Fulton County’s retail wastewater customers who receive water service from Atlanta, as further described in the intergovernmental agreement referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Cobb County provides wastewater service on a wholesale basis to a portion of Atlanta. Retail wastewater service by other cities: The Cities of College Park, Fairburn, Hapeville, East Point, Palmetto and Union City provide wastewater service on a retail basis generally to their respective customers located within the respective jurisdictional boundaries, as further depicted in the attached customer or service boundary maps. Other service: Clayton County Water Authority provides wastewater service on a wholesale basis to a portion of College Park and portions of unincorporated South Fulton County, as further described in the intergovernmental agreement referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” The wastewater services described, above, are subject to the following: 1. The attached customer maps shall serve as a general reference to describe the existing service locations of service providers. However, to the extent that the map includes a Formatted: Font: (Default) Times New Roman, 12 pt 64 mistake or omission of the service actually provided to any particular parcel, the city, County, or Authority actually providing the service on a retail basis to that particular parcel shall be the service provider. The customer maps or service boundary maps may be updated from time to time by the parties without the need to further amend this Service Delivery Agreement. 2. A city, county or Authority providing service on a retail basis to an existing customer at the time of an annexation or de-annexation shall continue to remain a customer of that provider after the effective date of an annexation or de -annexation, unless otherwise agreed upon by the affected parties. 3. The terms of any intergovernmental agreement or boundary map referenced in Item No. 5 of the “Summary of Service Delivery Arrangements” or as may be entered into by parties shall control, as may be amended by the affected parties from time to time. 4. To the extent that a party identifies an unauthorized connection to a service provider’s system, the party from whom the customer has obtained unauthorized service may claim recovery as the service provider and pursue all available remedies for such unauthorized connection. FUNDING ARRANGEMENT Local Government Funding Method Atlanta Enterprise Fund/MOST College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund Palmetto Enterprise Fund Union City Enterprise Fund Fulton County Enterprise Fund 65 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Water System (Treatment & Distribution) 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area. .Maps attached as indicated in the detailed Service Delivery Strategy explanations. (No maps attached) Fulton, Atlanta, Cobb County, Roswell, East Point, Palmetto, College Park, Fairburn, Hapeville, Mountain Park and Union City 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 66 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Changes 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: Water Supply Contract East Point/College Park 4/1/12-3/31/15 Water Supply Contract Clayton County Water Authority/ College Park 8/06/2009 – 12/31/28 Water Service Agreement Atlanta/Hapeville February 27, 1995 – December 31, 2020 South Fulton Municipal Regional Water and Sewer Authority Agreement Fairburn/Palmetto/Union City 2000 - ongoing 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 67 SERVICE DELIVERY AGREEMENT Services: Water System (Treatment and Distribution) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide clean water and water distribution services on a retail basis to its customers in Johns Creek, Alpharetta, Milton, and portions of Roswell, as further depicted in the attached customer or service boundary maps and IGAs referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Fulton County provides water services on a wholesale basis to a portion of Roswell as further defined in the IGA referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” City of Atlanta provides water services on a retail basis to its customers within its municipal boundaries, Sandy Springs, Chattahoochee Hills, unincorporated South Fulton County, Fort McPherson, and the Hartsfield-Jackson Atlanta International Airport, which lies partially within Clayton County, College Park, Atlanta, and Hapeville, as further depicted in the attached customer maps. Atlanta provides water services on a wholesale basis to Hapeville, as further described in the IGA referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Atlanta provides water services to Fairburn and Union City on a wholesale basis; however, no IGA currently exists between Atlanta and Union City or Atlanta and Fairburn as to the provision of this service. Atlanta, Union City and Fairburn agree that: (1) neither Union City nor Fairburn is legally obligated to accept water from Atlanta and may obtain water service from water providers other than Atlanta; and (2) Atlanta is not legally obligated to provide water to Union City or Fairburn. East Point provides water service on a wholesale basis to College 68 Park. Roswell provides water service on a retail basis to its customers located within a portion of its jurisdictional boundaries not served by Fulton County, as further depicted in the attached customer maps. The Cities of College Park, Fairburn, Hapeville, East Point, Mountain Park, and Union City provide water service on a retail basis generally to their respective customers located within the respective jurisdictional boundaries, as further depicted in the attached customer or service boundary maps. The City of Palmetto provides water service on a retail basis to its respective customers located within its jurisdictional boundaries. Palmetto also purchases water from Coweta County. The Cobb-Marietta Water Authority provides water service on a wholesale basis to Mountain Park. The Clayton County Water Authority provides water service on a wholesale basis to a portion of College Park. [LANGUAGE PROPOSED BY SANDY SPRINGS; DISPUTED BY ATLANTA] “The City of Sandy Springs reserves all rights to determine how water treatment, distribution and billing services are provided within the City of Sandy Springs. The City of Atlanta currently provides water treatment, distribution and billing services of water user customers within the City of Sandy Springs. The City of Sandy Springs reserves the option to select other water treatment service providers in the future and reserves the right to provide distribution and billing services in its sole discretion.” The water services described, above, are subject to the following: 5.1.The attached customer maps shall serve as a general reference to describe the existing service locations of service providers. However, to the extent that the map includes a mistake or omission of the service actually provided to any particular parcel, the city, County, or Authority actually Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 69 providing the service on a retail basis to that particular parcel shall be the service provider. The customer maps or service boundary maps may be updated from time to time by the parties without the need to further amend this Service Delivery Agreement. 6.2.A city, county or Authority providing service on a retail basis to an existing customer at the time of an annexation or de -annexation shall continue to remain that provider’s customer after the effective date of an annexation or de-annexation, unless otherwise agreed upon by the affected parties. 7.3.The terms of any intergovernmental agreement or boundary map referenced in Item No. 5 of the “Summary of Service Delivery Arrangements” or as may be entered into by parties shall control, as may be amended by the affected parties from time to time. 8.4.To the extent that a party identifies an unauthorized connection to a service provider’s system, the party from whom the customer has obtained unauthorized service may claim recovery as the service provider and pursue all available remedies for such unauthorized connection. FUNDING ARRANGEMENT Local Government Funding Method Atlanta Enterprise Fund/MOST College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund Mountain Park Enterprise Fund Palmetto Enterprise Fund Roswell Enterprise Fund Union City Enterprise Fund Fulton County Enterprise Fund 70 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Welfare Services 1. Check the box that best describes the agreed upon delivery arrangement for this service:  Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes  No If these conditions will continue under the strategy, attach an explanation for continuing the arrangement (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 71 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County Health Grant Fund (General Fund, State Funds, Federal Funds) 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 72 SERVICE DELIVERY STRATEGY Services: Welfare Services Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Welfare services to the unincorporated and incorporated areas of the Fulton County. This service is provided through the Fulton County Department of Family and Children Services (D.F.A.C.S), which is an agency of the Georgia Department of Human Resources. 73 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Yard Waste Collection 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required. Fulton County and all municipalities within Fulton County. Municipality Service Provider Fulton County Private Contractor Atlanta Atlanta College Park Public Works Department East Point Union City Alpharetta Mountain Park Private Contractor Roswell Milton Private Contractor Johns Creek Private Contractor Hapeville Public Works Department Chattahoochee Hills Fairburn Palmetto 74  2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes  No If these conditions will continue under the strategy, attach an explanation for continuing the arrangement (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Service provided by approved haulers in compliance with Solid Waste Management Plan. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 75 PAGE 2 (continue) 76 SERVICE DELIVERY STRATEGY Services: Yard Waste Collection Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide yard waste collection services in Unincorporated South Fulton County, through a private contractor. The cities of Atlanta, College Park, East Point, Fairburn, Hapeville, Milton, and Roswell will continue to provide yard waste collection within their respective cities. The cities of Alpharetta, Milton, Mountain Park, Palmetto, Sandy Springs, Johns Creek, and Roswell and Union City provide their residents with yard waste collection through franchise agreements or contracts with private waste haulers FUNDING ARRANGEMENT Local Government Funding Method Alpharetta Enterprise Fund Atlanta Enterprise Fund College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund 77 Johns Creek Customer Contract Milton Customer Contract Mountain Park Enterprise Fund Palmetto Enterprise Fund Roswell Enterprise Fund Sandy Springs Customer Contract Union City Enterprise Fund Fulton County Customer Contract 78 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Arts Grants Program 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.):  Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County, City of Atlanta and Johns Creek. 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 79 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager PAGE 2 (continued) 80 SERVICE DELIVERY STRATEGY Services: Arts Grants Program Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to offer arts services to the unincorporated areas of Fulton County. In addition, Fulton County government via the Fulton County Department of Arts and Culture offers Contracts for Services (grants) to Arts agencies located in municipalities in Fulton County. Additionally, Arts agencies must provide a match to the County’s funds. All funds from both the County and the municipalities are general funds. The City of Atlanta and the City of Johns Creek will continue to provide grants for arts services within their respective city limits. 81 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Arts Programs 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County, Alpharetta, Atlanta, Roswell, Sandy Springs, Palmetto, Milton, Hapeville, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes  No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 82 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 83 SERVICE DELIVERY STRATEGY Services: Arts Programs Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Arts programs are available to residents county-wide. The municipalities of Alpharetta, Atlanta, Roswell, Milton, Sandy Springs, Union City and Johns Creek will also continue to offer Art programs within their respective cities. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Grants Atlanta General Fund/Grants East Point General Fund/Grants Fairburn General Fund/Grants Hapeville General Fund Grants Johns Creek General Fund/Grants Milton General Fund/Grants Palmetto General Fund/Grants Roswell General Fund/Grants Sandy Springs General Fund/Grants Union City General Fund/Grants Fulton County General Fund/Grants 84 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Building Inspection & Permits 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Union City, Milton, Johns Creek and Sandy Springs. See Attachment (No attachment) Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes  No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 85 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Third party vendors are used by some cities to provide this service. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 86 SERVICE DELIVERY STRATEGY Services: Building Inspection and Permits Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide building inspection and permit services to the unincorporated areas of Fulton County. Each municipality within the county will continue to provide building inspection and permit services within their respective city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/Fees Chattahoochee Hills General Fund/Fees College Park General Fund/Fees East Point General Fund/Fees Fairburn General Fund/Fees Hapeville General Fund/Fees Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund/Fees Roswell General Fund/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD 87 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Code Enforcement 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County and all cities within Fulton County .Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 88 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 89 SERVICE STRATEGY DELIVERY Services: Code Enforcement Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide code enforcement services to the unincorporated areas of Fulton County. Each municipality within the county will continue to provide code enforcement services within their respective city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/ Enterprise Fund/Fees Chattahoochee Hills General Fund/Fees College Park General Fund/Fees East Point General Fund/Fees Fairburn General Fund/Fees Hapeville General Fund/Fees Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund/Fees Roswell General Fund/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD 90 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Computer Maps (GIS) 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton, Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Milton, Johns Creek, Chattahoochee Hills, Sandy Springs, and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 91 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: Information Technology Johns Creek/Milton 11/01/10 – 10/31/11 and Annual Automatic Renewal for up to 5 Successive Annual Terms 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 92 SERVICE DELIVERY STRATEGY Services: Computer Maps (GIS) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide GIS services to the unincorporated areas of Fulton County. Each municipality within the county will continue to provide GIS services within their respective city or as otherwise provided by mutual agreement. GIS services in the City of Milton are provided by the City of Johns Creek pursuant to an intergovernmental agreement, referenced in paragraph 5 above. Further, the jurisdictions within Fulton County recognize the importance of facilitating data sharing and convergence and encourage all jurisdictions to employ compatible mapping systems. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund/ Enterprise Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund 93 Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County SFSSD / Enterprise Fund/General Fund 94 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEM ENTS PAGE 2 Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Economic Development 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service:  One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs, Union City, Atlanta Development Authority, Atlanta Downtown Improvement Development Authority, Urban Residential Finance Authority, Atlanta Urban Redevelopment Agency; Atlanta Housing Authority; Atlanta-Fulton County Recreational Authority; Development Authority of Fulton County; Metro Atlanta Joint Development Authority, Metro Atlanta Rapid Transit Authority; College Park Business and Industrial Development Authority, Development Authority of Hapeville, Business and Industry Development Authority of College Park Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 95 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? All cities are authorized to create development authorities under general state law. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 96 SERVICE DELIVERY STRATEGY Services: Economic Development Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: There is some overlap of service as Fulton County provides Economic Development service for the entire County including all the cities and unincorporated areas. However, competition is the nature of Economic Development service provision and therefore each jurisdiction needs to maintain their own service as they compete to attract development. It should also be noted that at the County level, the cities and the County do work cooperatively. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund/SFSSD 97 _ Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Elections 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 98 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Not Applicable. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 99 SERVICE DELIVERYSTRATEGY Services: Elections Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide elections services to the unincorporated and incorporated areas of Fulton County for countywide elections on an actual cost basis less expenses. In addition, Fulton County will continue to offer election services to any municipality through an IGA. Palmetto, Chattahoochee Hills, and College Park provide election services for municipal elections within the city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund 100 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service EMS 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required EMS Service is provided by the Region 3 EMS C ouncil (contractual provider). Currently, Rural Metro Ambulance in north and south Fulton County, Grady Hospital provides service in the central zone. (See attachment) 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 101 3.List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise fund general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Sandy Springs, Milton, Johns Creek General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Some cities and unincorporated Fulton County have agreements with the authorized service providers for enhanced services. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 102 SERVICE DELIVERY STRATEGY Services: Emergency Medical Services (EMS) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: EMS service is provided by Rural Metro Ambulance Company in North Fulton County. EMS service is provided by Rural Metro Ambulance to unincorporated and incorporated areas of South Fulton County, excluding the City of Hapeville, which provides its own ambulance service. EMS service is provided by Grady Hospital for the City of Atlanta. EMS service for the City of Sandy Springs is provided by Rural Metro Ambulance by contract. FUNDING ARRANGEMENT Provider Funding Method Atlanta Grady Hospital Sandy Springs General Fund/Charges for Services Hapeville General Fund/Charges for Services Milton General Fund/Charges for Services Johns Creek Customer Contract Roswell General Fund/Charges for Services Alpharetta General Fund/Charges for Services Palmetto General Fund/Charges for Services Chattahoochee Hills General Fund/Charges for Services Fairburn General Fund/Charges for Services East Point General Fund/Charges for Services Union City General Fund/Charges for Services 103 College Park General Fund/Charges for Services Mountain Park General Fund/Charges for Services Fulton County SFSSD/Charges for Services 104 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Environmental Health 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Mountain Park, Palmetto, Roswell, Sandy Springs, Union City and Milton 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 105 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? This service only includes those matters required by state general law. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted :July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) Formatted: Line spacing: Exactly 5 pt 106 SERVICE DELIVERY STRATEGY Services: Environmental Health Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Most environmental health activities, such as septic tanks swimming pools and restaurants inspections, are provided and will continue to be provided by Fulton County to the unincorporated and incorporated areas of Fulton County. However, other environmental health issues are addressed by each municipality, and each municipality will continue to provide such services within their respective city, per City Code, Charter and applicable law. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund 107 Sandy Springs General Fund Union City General Fund Fulton County General Fund/SFSSD 108 Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Environmental Regulation 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.) No map required Fulton County and all cities within Fulton County Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 109 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? This service includes those matters required by State General Law and by local ordinances and regulations 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 110 SERVICE DELIVERY STRATEGY Services: Environmental Regulation Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide environmental regulation services to the unincorporated areas of Fulton County. Each municipality within the county will continue to provide environmental regulation services within their respective city. FUNDING ARRANGEMENT S E R V I C E D E L I V E R Y Local Government Funding Method Alpharetta General Fund Atlanta General Fund/Enterprise Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County SFSSD 111 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Housing 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): (See Attached) Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 112 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: CDBG Cooperative Agreement Fulton County/Johns Creek FY 2015-2017 CDBG Cooperative Agreement Fulton County/Mountain Park FY 2015-2017 CDBG Cooperative Agreement Fulton County/Alpharetta FY 2015-2017 CDBG Cooperative Agreement Fulton County/Fairburn FY 2015-2017 CDBG Cooperative Agreement Fulton County/Hapeville FY 2015-2017 CDBG Cooperative Agreement Fulton County/College Park FY 2015-2017 CDBG Cooperative Agreement Fulton County/Chatt Hills FY 2015-2017 CDBG Cooperative Agreement Fulton County/Palmetto FY 2015-2017 CDBG Cooperative Agreement Fulton County/Union City FY 2015-2017 CDBG Cooperative Agreement Fulton County/Milton FY 2015-2017 CDBG Cooperative Agreement Fulton County/East Point FY 2015-2017 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? N/A 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 113 SERVICE DELIVERY STRATEGY Services: Housing Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: All City of Atlanta housing programs are provided only within the city limits of Atlanta. Fulton County is the lead service provider for most housing programs and services within Fulton County outside of the city of Atlanta. Fulton County provides the following services for unincorporated Fulton County and all cities except the City of Atlanta: Down Payment Assistance, Rental Rehabilitation Program, and Tenant Based Rental Assistance. Fulton County further provides the Housing Rehabilitation Program for unincorporated Fulton County and all cities except the City of Atlanta and the City of Atlanta provides this program for their residents. Fulton County works in cooperation with the City of Atlanta to abate taxes within the Ccity of Atlanta with the Housing Enterprise Zones. Fulton County and 11 cities also have cooperative agreements to provide community development and low income housing assisting through CDBG Grants. 114 Local Government or Authority Housing Program Offered Funding Method City of Atlanta Atlanta Affordable Home Ownership Program HOME Down Payment Assistance Program C.D.B.G. Multi-Family Housing Program NSP./HOME Targeted Housing Rehabilitation Pro gram C.D.B.G Senior Housing Rehabilitation Services CDBG Rebuilding Together Atlanta Roof Repair Program CDBG Neighborhood Stabilization Program (NSP1, NSP3) NSP Habitat for Humanity Down Payment HOME State Historic Property Tax Abatement Program Tax Abatement Federal Rehabilitation Investment Tax Credit Program Tax Abatement Tenant Based Rental Assistance Program HOME Atlanta Housing Authority Conventional Public Hearing Units Section 8 Voucher and Certificate Program HUD HUD College Park Housing Authority Conventional Public Housing Units HUD City of College Park/Fulton County Community Development and Low Income Housing Assistance CDBG City of East Point Housing Rehabilitation Program C.D.B.G. East Point Housing Authority Section 8 Voucher & Certificate Program Conventional Public Housing Units HUD Fairburn, Palmetto Housing Authority Conventional Public Housing Units HUD Fulton County Administrative Program Overnight Down Payment Assistance Program Housing Rehabilitation Program Rental Rehabilitation Program Tenant Based Rental Assistance Housing Enterprise Zones General Fund HOME C.D.B.G./HO ME HOME HOME Abate County Taxes Fulton County Housing Authority Conventional Public Housing Units Section 8 Voucher Certificate Program Tax Exempt Bond Program HUD H U D H U D Roswell Housing Authority Conventional Public Housing Units HUD City of Union City Conventional Public Housing Units HUD 115 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Parks 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek & Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 116 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 117 SERVICE DELIVERY STRATEGY Services: Parks Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Park services to the unincorporated areas of the Fulton County. Each municipality within the Ccounty will continue to provide Park services within their respective citycity. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/Fees Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund Roswell General Fund/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD /Fees 118 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Physical Health 1. Check the box that best describes the agreed upon delivery arrangement for this service: ✔ Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 119 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County Health Grant Fund (General Fund, State Grant-in-aid, Medicare Reimbursement) 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: (404) 612-0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 120 SERVICE DELIVERY STRATEGY Services: Physical Health Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Physical Health services to the unincorporated and incorporated areas of the Fulton County. This service is provided through the Fulton County Department of Health, whose mission is to promote, protect, and assure the health and wellness of the people of Fulton County. The Department is funded through the Health Grant Fund to allow for budget administration based on the State of Georgia’s Fiscal Year ending June 30th. The Grant fund is made up of the Fulton County General Fund, State grant-in-aid and fees from Medicaid clients. 121 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Planning & Zoning 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrangement (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 122 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 123 SERVICE DELIVERY STRATEGY Services: Planning and Zoning Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide planning and zoning services to the unincorporated areas of Fulton County. Each municipality within the Ccounty will continue to provide planning and zoning services within their respective city. FUNDING ARRANGEMENT . Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/Fees Chattahoochee Hills General Fund/Fees College Park General Fund/Fees East Point General Fund/Fees Fairburn General Fund/Fees Hapeville General Fund/Fees Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund/Fees Roswell General Fund/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD/Fees 124 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Solicitor 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 125 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Service may be provided via retained third-party vendors. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 126 SERVICE DELIVERY STRATEGY Services: Solicitor Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Solicitor services to the unincorporated areas of Fulton County, for county-wide offenses, jury trials originating in the several municipalities, and for offenses bound over from municipal courts from incorporated areas of Fulton County. Specifically, the Solicitor General of the State Court of Fulton County investigates and prosecutes misdemeanors and County ordinance violations arising in Fulton County. Each municipality within in the county provides and will continue to provide solicitor services within their respective city, for violations of city offenses as well as certain State law violations. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund 127 Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund/SFSSD . 128 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Street Construction & Maintenance 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 129 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Consent Order 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Street Construction and Maintenance within unincorporated Fulton County will be handled pursuant to the terms and conditions of the Consent Order entered in civil action 2009CV177235. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: Consent Order County and all Cities 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: (TBD) 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 130 SERVICE DELIVERY STRATEGY Services: Street Construction & Maintenance Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide street construction services to the unincorporated areas of the Fulton County pursuant to the terms and conditions of the Consent Order entered in civil action 2009CV177235. Each municipality within in the county will continue to provide street construction services within their respective city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Sandy Springs General Fund Union City General Fund Fulton County SFSSD/General Fund/Grants 131 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton Service: Storm Water 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service:  One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 132 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Changes 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 133 SERVICE DELIVERY STRATEGY Services: Storm Water Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide storm water regulation services to the unincorporated areas of Fulton County. Each Municipality within the county will continue to provide storm water regulation services within their respective city. Fulton County and each municipality shall each be responsible for storm water services and maintenance related to property and storm water infrastructure owned and/or operated by that specific jurisdiction, or as required by any applicable agreements or as otherwise required by law. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Grant Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund 134 Palmetto General Fund Roswell Grant Fund/ Storm Water Utility Fund Sandy Springs General Fund/Grant Fund Union City General Fund/Storm Water Utility Fund Fulton County SFSSD/Storm Water Utility Fund 135 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Voter Registration 1. Check the box that best describes the agreed upon delivery arrangement for this service: ✔ Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 136 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 137 SERVICE DELIVERY STRATEGY Services: Voter Registration Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide voter registration services to the unincorporated and incorporated areas of the Fulton County. The County is responsible for registering all qualified residents of Fulton County. 138 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Workforce Development 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.):  Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.):. Fulton County and City of Atlanta 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 139 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County General Fund and Grant Fund Atlanta Grant Funds 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: L a u r a Le w i s Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No 140 If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) SERVICE DELIVERY STRATEGY Services: Workforce Development Parties: Fulton County and the City of Atlanta. Strategy: Fulton County will continue to provide Workforce Development services to the unincorporated and incorporated areas of the Fulton County. City of Atlanta also provides Workforce Development within its jurisdiction. 141 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton Service: Jail 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): (If this box is checked, identify the government, authority or or ganization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach an UPDATED legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required. Fulton County, Alpharetta, Union City 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 142 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Jail service was not included as a service in the previous Service Delivery Strategy Agreement. The way the service is provided is not fundamentally changed, with the exception of the lease of jail space from Union City. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: IGA Fulton County and Union City 8/20/2013 - 12/31/2016 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: L a u r a Le w i s Phone number: 404-612-0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 143 SERVICE DELIVERY STRATEGY Services: Jail Parties: Fulton County, Alpharetta, and Union City. Strategy: Fulton County will continue to provide County-wide jail services for state-charged pretrial detainees at the Fulton County Jail. Fulton County also operates a satellite jail and provides municipal jail services through an IGA with Union City at the South Fulton Municipal Regional Jail in Union City. Fulton County further provides municipal jail services for the City of Alpharetta at the North Annex. FUNDING ARRANGEMENT Local Government Funding Method Union City General Fund Fulton County General Fund 144 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton Service: Homelessness 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): (If this box is checked, identify the government, authority or or ganization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach an UPDATED legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required. Fulton, Atlanta 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 145 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and the City of Atlanta See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? This service was previously provided jointly through the Tri-Jurisdictional Continuum of Care which received funding from HUD on behalf of DeKalb County, Fulton County, and the City of Atlanta. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Resolution to establish the Fulton County Continuum of Care, effective ? 7. Person completing form: L a u r a Le w i s Phone number: (404)612-0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes X No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 146 SERVICE DELIVERY STRATEGY Services: Homelessness Parties: Fulton County and the City of Atlanta Strategy: Fulton County, through its Continuum of Care, is the primary coordinating entity for homeless services within Fulton County, but outside of the City of Atlanta’s boundaries. FUNDING ARRANGEMENT Local Government Funding Method City of Atlanta General Fund/Grant Funds Fulton County General Fund/Grant Funds EXHIBIT A 147 SERVICE DELIVERY STRATEGY Contact Persons SERVICE DELIVERY STRATEGY FOR FULTON COUNTY Shall any state agency, when evaluating whether proposed local government projects are consistent with the service delivery strategy, the following shall serve as the designated contact persons for each jurisdiction, respectively: NAME: (Please print or type) TITLE: CONTACT INFO: Address/Phone #/email JURISDICTION: DATE: Jerolyn Webb Ferrari Deputy County Attorney 141 Pryor St., Ste.4038 Atlanta, GA 30303 404.612.0257 Jerolyn.ferrari@fultoncountyga.gov Fulton Bob Regus City Administrator Two South Main Street Alpharetta, GA 30201 678.297.6012 (phone) bregus@alpharetta.ga.us Alpharetta David Bennett Senior Policy Advisor City of Atlanta Office of the Mayor 55 Trinity Avenue Atlanta, GA 30303 404.330.6129 (work) 404.308.5141 (mobile) dbennett@atlanta.ga.gov Atlanta Jim Williams City Manager 6505 Rico Rd. Chattahoochee Hills, GA. 30268 770. 463-8881(phone) 770. 463.8550 (Fax) 770.463.8881 jim.williams@chatthillsga.us Chatt Hills Richard ChessTerrence R. Moore Jack P.Longino Interim City Manager Mayor 3667 Main Street2262 Mt. Zion College Park, GA 30337Jonesboro GA, 30236 4tmoore@collegeparkga.com 404.767.1537 College Park Agnes Beltran-Goodwine City Clerk City of East Point 1526 E. Forrest Avenue, Ste. 400 East Point, GA 30344 404.270.7090 (direct line) 404.290.4303 East Point Tom Barber City Administrator 56 Malone Street, P.O. Box 145 Fairburn, GA 30213 770.969.2853 (phone) tbarber@fairburn.com Fairburn Formatted: Indent: Left: 0" 148 William WhitsonBill Werner City Manager 3648 North Fulton Avenue Hapeville, GA 30354 404.669.2117 (phone) wwhitsonbwerner@hapeville.org Hapeville Richard A. Carothers City Attorney Carothers & Mitchell 1809 Buford Highway Buford, GA 30518 770-932-3552 (phone) Richard.carothers@carmitch.com Johns Creek Chris Lagerbloom City Manager 13000 Deerfield Pkwy, Bldg.100, Ste.107 Milton, GA 30004 678.242.2481 (phone) Chris.lagerbloom@cityofmiltonga.us Milton Brandon Bowen City Attorney 118 Lakeshore Drive Mountain Park, GA 30075 770.387.1373 (phone) bbowen@ga-lawyers.pro Mountain Park William H. “Bill” Shell City Administrator City of Palmetto P.O. Box 190 Palmetto, GA 30268 Palmetto Wendell Willard City Attorney 7840 Roswell Road Bldg. 300 Suite 330 Sandy Springs, GA 30350 770.481.7110 (phone) 770.481.7111 (fax) wkwillard@wendellwillard.com Sandy Springs Kay Love City Administrator 38 Hill Street Roswell, GA 30075 770-641-3727 (phone) klove@roswellgov.com Roswell Sonja Fillingame City Manager 5047 Union Street Union City, GA 30291 770.964.2288 (phone) srapson@unioncityga.org Union City Field Code Changed Formatted: Underline, Font color: Blue 149 SERVICE DELIVERY STRATEGY CERTIFICATIONS PAGE 4 Instructions: This page must, at a minimum, be signed by an authorized representative of the following governments: 1) the county; 2) the city serving as the county seat; 3) all cities having 1990 populations of over 9,000 residing within the county; and 4) no less than 50% of all other cities with a 1990 population of between 500 and 9,000 residing within the county. Cities with 1990 populations below 500 and authorities providing services under the strategy are not required to sign this form, but are encouraged to do so. Attach additional copies of this page as necessary. SERVICE DELIVERY STRATEGY FOR FULTON COUNTY We, the undersigned authorized representatives of the jurisdictions listed below, certify that: 1. We have executed agreements for implementation of our service delivery strategy and the attached forms provide an accurate depiction of our agreed upon strategy (O.C.G.A. 36-70-21); 2. Our service delivery strategy promotes the delivery of local government services in the most efficient, effective, and responsive manner (O.C.G.A. 36-70-24 (1)); 3. Our service delivery strategy provides that water or sewer fees charged to customers located outside the geographic boundaries of a service provider are reasonable and are not arbitrarily higher than the fees charged to customers located within the geographic boundaries of the service provider (O.C.G.A. 36-70-24 (2)); and 4. Our service delivery strategy ensures that the cost of any services the county government provides (including those jointly funded by the county and one or more municipalities) primarily for the benefit of the unincorporated area of the county are borne by the unincorporated area residents, individuals, and property owners who receive such service (O.C.G.A. 36-70-24 (3)). SIGNATURE: NAME: (Please print or type) TITLE: JURISDICTION: DATE: John Eaves Chair Fulton County David Belle Isle Mayor Alpharetta Kasim Reed Mayor Atlanta Tom Reed Mayor Chattahoochee Hills Jack P. Longino Mayor College Park Earnestine Pittman Mayor East Point Mario Avery Mayor Fairburn Alan Hallman Mayor Hapeville Mike Bodker Mayor Johns Creek Joe Lockwood Mayor Milton Jim Still Mayor Mountain Park J. Clark Boddie Mayor Palmetto 150 Jere Wood Mayor Roswell Russell K. Paul Mayor Sandy Springs Vince Williams Mayor Union City )NTERCOVERNn'IENTAL 11GREEn9EN'T FOR THE EXTRATERRITORIAL PRO VISION OF SEVER SERVICE BY FUUI'ON COUNTY TO CERTAIN PROPERTY LOCATED W1T111.N THE CITY OF MILTON TEAS IN'I'BRGOVCRNMIiN'I'AL AGRBCMCN'1', by and hehvicen the CITY OF MICTON, GEORGIrA, a polilicnl subdivision of the Stale of Gcorgin acting by and through its 'fly Council ("CITY OF MILTON"), mid FULTON COUNTY, GEORGIA, a political subdivision of the sinle of Georgia acting by and through its Board of Commissioners ("FULTON COUNTY"), with FUL'I'ON COUNTY and CITY OF MILTON hereinafter collectively rofered to as the "Parties," granting FULTON COUNTY the authority to provide Serer Service to ccrlyniin� parcels within the municipal limits of the CITY OF MIL'T'ON, is effective ns of this J- day of���L, , 2012 ([lie "BOeclive Dole"), WITNE8SETH: AVHEREAS, both prim• to the creamier of the CITY OF MILTON in Decentbe2006 and since That lime, FULTON CO1iVTY has provided tvnslewaler dislribulimt, collection, mrd U•cnbnent services ("Sewer Service") to ccrinill I) m•cels of Imtd located wilhbt the ntutticipnl boundary of the CITY OF M1L'I'ON; 1YHERErAS, pursuant to Article I\, Secliou fI, Paragraph III(n)(G) and (7) of the Georgia Constitution, FULTON COUNTY may not provide Sewer Scrvicc inside the boundary of the CITY OF MILTON except as olilemwiso provided by Inv or by contract with the CI'T'Y Olr i411L'I'ON granting FULTON COUN'T'Y the nulhoily to do so; WHEREAS, in December of 7.006, the Parties eticmed btlo mt Odergovcrnmcnlnl Agreement for the Provision of \Vee' and \Vnslewalm• Services (the "2006 ASneemcnl"), which has reunincd in elTccl until adoption by Fulton County nud the City of Millon of ibis Inle'govenmcolnl Agreement Jul the mitfiterritudill Provision of Sctver Service line "Agreement"); WHEREAS, (lie Parties desire to enter into Ilia Agreement to (1) continue rullom County's riulhmiznlion to provide new Sewer Service in Ina City of M1 I I) In cerinin parcels Iocnlel in [lie Dig Crack Service Alen and m the Little River Service Alen and (2) to nulhorizo Fallon Calmly Io continuo to provide Sewer Service, to include nminiemmce And repair, Io Inose developments where development is completed and Sewer Service is presently provided. NOW TIIBRHFORRz in considcrntimr or the manual pronuscs of the Parties And Ilio nuuanl bcncflts Bowing lion each Poty to the other, mid other good mid valuable considcrnlion cschmiged, the receipt and sumelency of which aide hereby acknowledged, Ilio Parties agree ns follows: Saction 1, Term and Tormlmnlion of the Agreement, ,file Term of this Agreement shnll commence as of the Effective Date (defined above) mud shall have a durnlion of fifty (50) years, as allowed by Atiicte IX, Section III, Paragraph I of fIn Constitution of the Slide of Ocorgia, or until otherwise mmended, modified and/or lembrnled by and between the Potties. The CITY Or MILTON mrd PULTON COUNTY agree that ellhe• Party may terminate This Agreement fm• convenience upon one hundred eighty (180) days written malice provided to the other pally; provided, however, flint Ilse ]'allies acknowledge and ngree (lint termination shall hnve no effect on existing installed infrostnmbue m• rullon County's authority to prnvido Sower Service to existing customers and otherwise own, maintain and repair ell ]nslnlled sewer inli•nslruclure as ofand rifler the (into oftenrinnuon• 2 SCCII011 A. Gantt ofSorvel Service Area to UOi.TOIV COUNTY. The CITY OF MILTON hereby acknowledges and agrees to Authorize the coalinuntiot of Sewer Service, to include ownership, repair mrd maintenance of existing sower hirraslnicture, in those Arens of ilia CITY Or IviiuroN depicted in orange on Ilia Sewer Service map attached hereto as Exhibit "A" wherein quid Sower Service iafn•Astnuchure was filly installed prior to the dote of this Agreement. This recognition shall not be construed ns allowing new sewer collocations within those mens and new sewer service shall not be authorized within such Arens. The CITY OF MILTON hereby grants to PUL•rON COUNTY Iia authority to provide new Smvcr Scrvica to Ihosc pmcels (including any fiuurc subdivision of (hose existing pm•ccls) depicted on the Sewer Service map colored blue moss-hnlched . New Sewer Service shall not he futhorized within those parcels colored green. Arty 101, unit, developnnent, consuiiclion, subdivision, building, phase or assemblage of land, however filled or iderlifncd, seeking now Sewer Suvicc must be located enflmdy and exclusively within an area of Exhibil "A" colored bloc cross•batched, mrd only properties that satisfy this requirement me eligible to obtain new Solve• Service front Pillion County. Fuliherniore, (lie installation of now Solver Service into nn rea colored bine cross•halched shall not serve as a basis or rationale to extend Sewer Service iHo nn (iron Ilial is not so colored, irrespective of the convenience, access, practicality, or nonri0nl cost associated with such extension, it being the iuleot of the parties that the blue cross- hatched frons shall serve as a fixed and definitive houudm•y for nolo Solve• Service ill the CITY MILTON, The arca of Exhibil "A" colors called onage mid blue crosshatched slmll collectively be referred to as the "Sower Service Aron." 7 Oct Oil a. Agrcontent to Provldcsewersm•vice to Server Service Aren, pUM'ON COUNTY hereby agrees to provide Sewer Service within the Sewer Service Arca, as described in Section 2 above, at such rates as nine determined by fUIJON COUNTY from time to lime and to submit invoices related to such cervico dircclly to the recipients Ihcrcor. pULTON COUNTY shall he responsible for all costs and liability related Ie providing Sewer Service, as authorized herein, and the CITY Op MILTON shall he responsible for an cost or linbility related to providing such service. All iofrnsb•uelure and iatcreals In Iond directly and exclusively nssocinted with [ho provision of Sewer Service in Ilio Sewer Service Area shall rcnnnin the properly of FULTON COUNTY, Seellon 4. Termination of Lrm•lier IGA m• Auuroved Mm, Willi respect to the csloblishnrern of the Sewer Service Area within Ilia municipal boundary of the City of Millon, rite tents of Ih[s Agrecmcni, in conjunction with the map attached as Gxhibit "A", shall supersede the lerms of any hnlergovemnimital Agreement (including, bill not limited to, till or any portion of the 2006 Agrocmetl that pertained (o Iho provision of wastewater or smnilm•y sewer services) or previously approved map, which nine hereby terminmed and repealed wilh respect to the bouudm•y for sower service within Ilse nnunicipal boundary of [lie City of Millett. This Agreement is not intended to terminate tiny wilions of the 2006 Agreement lhut relate to potable/drinking waler sevices. Scelimn S. Rniton LgA!q Sewer Avollnhlll(v Lhulted to Sever Servlco Arco, FULTON COUNTY agrees that no sewer permit(s) or any other representation concerning the availability or existence of Sewer Set -vice for a particular parcel of properly locnle<I within the municipal boundary of (Ito CI'T'Y OF NfILTON shall be made by FULTON COUNTY unless [he oil[li ty ofsueh parcel is located within [he Sewer Service Area as set forth i11 $Celiell 21 111111 no rcpresenlAlion shall be nada ns to the nvaiiabiltly of naw Scwe ocrvtcc shall be made unless the propely is located entirely within a parcel colored blue cross-halchLA on Qxhibil "A." Section G. General Provisions, A. Quforcennenl; ivcr. 'lite finilurc on the pori of mry P11rly to enforce nuy pnnvision of this Agreement shall not be consimed ns a waive• of Ilial Party's rights to enforce such provisions in Ilia finture. A waiver of ally term of This Agreement on Ilia pal of Ally Panty in one case shall mol be construed as n waiver bn any oflie• aid shall 1101 affect Ally other term oflhis Agreement. D. Ascienm n . This Agreement shall not be assigned by either Paly without Ilio Prior written consent ol'the 016011. C, QinIii g Qflec . This Agreement shall inure to the benctil of, and be binding Upon, lite CITY OF MIL"I'ON's And PULTON COUNTY's respeolivo successors, heirs and assigns. D. Entire Agreement. This Agreement contains the entire Agreement between ilia Pedes hereto And supersedes all previous or contemporaneous oral m• wrillen communications, represcnlalions, m• Agreements petainbng to Ilia subjccls Addressed heroin. G. Roortlkeen n ;. Doth parties Agree (lint line public shall have access, at all reasonable limes, to all documents and informnlion pertaining to Ilia services provided hercumier, subject to the provision of O.C.O.A. § 50.1840, et seq., And PULTON COUNTY agrees to require Any independent contractor providing services hcreunde• to Allow access by the CITY OF MILTON and [lie public to all documents subject to j disclosure Under applicnblc lnw. a ULTON COUNTY fiuiher agrees to require any independent contractor providing services hereunder to retain all public records in nccordance with applicable records retention and disposal requirements, including bill not limited In O.C.G.A. § 50.18-90, et .seq., and the Georgia Administrative Code. F. Notice . All notices given pursuant to Ire terms of this Agreement shall be in wriling and delivered in person or lrnnsmilted by certified mail, return receipt requested, posinge prepaid, or by utilizing the services of a nationally recognized overnight cosier service with signed verification of delivery. Notices shall be deemed given only when actually received at the address first given below with respect to each Pmiy. Notices required to be given to file CITY OF NULTON pursunnl to this Agreement shall be addressed as follows: \Yilh copies lo: �Inyo• Cilyoton 13000 Deerfield Parkway, Suite 107 Ylillon, Gcorgin 30004 City �lnlrnger City of �lihol 13000 Deerfield Parkway, Suite 107 Ron, Georgia 30004 Notices required to be given to FUL'I'ON COUNTY pursumd to Ibis Agreemcal shall be addressed as follows; Chairman Fuhor Comty Board ofConunissioncrs I41 Pryor Sircel, S.W., 10, Floor Allanla, Georgia 30303 G Will, copies lo: Director Pullon County Department of Water Resources Id I Pryor Strect, Suile 6001 Allnnln, Ocorgin 30303 ruhir¢ chmigcs in address shall be clleUivc only upon written notice bciug given by the CITY OF MILTON to PULTON COUNTY or by PULTON COUNTY Io the CITY OF MIL'T'ON vin one of the delivery methods described In (his Section. G. Govcrnii g Lnw mid Venue. 'Phis Agncmncnl shall be conslned mad govcmed in accoYlance will, the laws of the Slate of Georgia, mid proper venue for any actions raising out of This Agrecmcnl shall be III [lie Slate or Superior Coni ofhdlon County. H. No Third Party 1 i hts, This Agreement shall be exclusively for the beaefil of the Parties and shall 1101 provide ally Third-pm'lies with any remedy, claim, liability, reimbursement, causeofaction, or other right. 1. Ujimil ollable Circumslnncos. The performmee or non-perfornrnnce of Ally term o• provision of this Agreement shall be excused if (lie Party is reasombly precluded 0.0111 such Perfinmmec by tie occurrence of an uncontrollable circwnslonce. Such excuse of perPonnmeo or non-performmee shall be only to the minimum extent rensonably forced on such Party by such event, and Thal Party shall continue to perform nil oll,cr dulles and responsibilities hereunder. A Pnrly relying on the oceuneace of An uncontrollable circumstance as nn excuso for non-purfomonce of a duty required by this Agreement shall, as soon ns is rcasorably possible upon becoming aware ofsuch an event o11d its consequences, notify the other Party ofsumne and shall bike nil rensonable efforts to climina(e the Canso of such nom-performmllco 7 I find to resume fall pe•Pornmmice in accordance with (his Agreement. J. Comp r s. This Agrecmcnl rally he execulccl in one or more couu(crpais, tach of which shall constitute an original ltd fill of which logethen• shall cons[ilule bill one and Ilse same instillment. 11 shall not be necessary Thal tach signatory sign Ilia sate counterpart, provided, however, [lint tach has signed no identical counlerpal. K. Am1Lft to Lmnter Agreeneut. Each individual who cxccm(cs this Agrecntcnl oil behalf orhis or her respective Irnrly ngrces and represents that he or she is authorized Io do so and fiulher agrees and represents [lint this Agreement has been dilly passed upon by Ilia required governmental agency or boom in accordance with till applienble laws find sprend upon Ilia minutes lhercoC The Panics hereto agree Ihat this Agreement is an inlegovomumenlnl contract, and is allercd into pmrsanul to Article IX, Arlicle Ill, Parabraph I of Ilio Consld(ulion of the Stoic of Georgia of 1933. L. Ameudmenl. 'this Agreement may be modified at any time upon nmlunl written cousenl by resalolions of the CITY OF MILTON'S City Council and PULTON COUNTY'S Boad of Commissioners. M. Severability. if a court of competent jurisdiction renders any provision of (bls Agreement (o' Ally portion of a provision) to be illegal, invalid, or o[herwise unenforceable, (hal provision or portion of Iho provision will be severed, and the renmainder of this Agreement shnll continue (n fill force aul effect as If the invalid provision or potion were mol pat of this Agreement. IN NITNCSS N1110,119OK the paiics have caused this Agreement to be executed under seal as of the dale first above wrillea. slgnntures of follovbng page[ +3 A'I'TII I'ISD: h 6eq���� Sudie Gordon, City Clerk ATTRSTRD; CITY Ol Arm, 'I'ON, GEORGIA Ry: / Joe Lockwoo( royor 1rUL'I'ON COUN'T'Y, GEORGIA Clock to 1110 commission I Jo at }I. Raves, Ph.D., Chairmm( IPullin( Counly Board ol'Commissioncis APPROVRD AS 1'O POR14L• jV Oflice of the Fallon Counly Altomey laF;:IF I 1 f ,...:.� ���� ;� �h�` ,�jil, ,,i `•. t ,r 1, ri �.,• 31(x',' ; J 1114 rs At ff i �..,' fJ•. , i pop to 1 40 lit to !I'its I rl it Y FFF a to �. Jul ito lb J�'F I' y ii1 41 ism lopp;j .I j I' pI ,., is ,.t•' 1 - \. a a 8 N , � N EQ) a N C yo EXHIBIT\ j upp, 2 - �U Ls F p r R � a 3 \. a a 8 N , � N EQ) a N C yo EXHIBIT\ j upp, 2 - �U MOND AMRND111KNI'TO, IN'fIIRGOVRRN\1F,N'I'LIMA(.RlitsM171+NT FOR'fl m GX'I'RATERRI'CORIA1, I'ttOVISION OF SEWER SLRVICB DY FUI'11ON COUNTY •1'O CERTAIN 1'RONRRTY ),OCATIsD NVrr11l TIII; CITY OF M1IIJ,TON 'I'lis SGCONU Ab4JiND\41'sN'1' 'I'O '1'1111 IN"1'I?RGOVI3RNb41:N'I'AL AGkft3;vlltN'I' IaOR TIIR GX"I'RA'ffiRRITORIAL PROVISION OP SGWlilt SGRVICG, by and Uclwcea lhu CI'T'Y OF MILTON, GHORG1A, it political Subdivision orlhe Slate of Oeorgta nclhag by and Through its City Council ("CI'T'Y OF MIL'T'ON"). nod FULTON COUN'T'Y, GEORGIA, it pnlilicnl subdivision of the Stela of Gaorgin noting by and through its Board of Commissionurs ("PUUI'ON COUNTY") with FUIJON COUNTY find CI'T'Y OF MIIXON, harcinaller rclixred to an Thr. "I'nrlkit," granting FULTON COUNTY lite authority to provide Sewer Service to ce luIn ee•ecls wilhin the municipal city linlils oi'the CI'T'Y OI+ Mll:l'ON, is eMutivcnsol'Illisun (lily of J /7Nli/�l' 201A (Tho "GI'foclive —, Date"). 1YI'T'NP;SSI:'l'Il: 1VIIF,RI;AS, on Daccmhe• :i, 7.011., the I'nrtius hcroinlo mnlm•etl info un huergovenmuntal Agreement lbr Iixlmterfilorial Provision of Sewer .Service to CCdabl Property Locnle<I Nilhin the Cily ol'Mihon ("TGA"); mut NVIII?RPAS, attached to said ICA ns lixhilil A was n xeve• survicc nuap scllin); Ibrlh llac lountlnrics ol'tvhe•e suave• sevicc cxislutl or could be expanded; and NIIIS111iAS, ou January J, 2013, the 11 urlius npprovel Anrondmmnl Number I to the TGA (the City of Milton approved Amamllmnl Nuwher 1 It its Dcceuhm 17, 7.017. meeting) and replaced Ihc original Lxhibil A will it new Exhibit A, such new Exhibit A Icing it modilied Sewer service atnp scitinit lirril Ile bounerics of whcru sewer service existed or could be expended; and 11'lllil(I(AR, it ix I 11 intent of Ills eco [H Atrtom mon l Ia Inttl'y and otheI to rcal'lirnr ilia Inlergovernmenlnl Agreement eHl ilia Amendment Number I thereto in all par(iculnrs, except lhol Exhibil A (Ihc sower service nrnp) from Amendment Number I shnll shoed stricken and sludl ba ropluced with (ha attached Hxhihil A, which seeks to add it single pareal to (lie sower scrvicc nngr ns an addilionnl parcel far which Millen Counly nay provide sewer service; and \VIICKliAS, i( is Ihc inlcnl nl'lha Parties Ihnl Ihc Lily (:mmcil lin Ihc (:'ily ol'Mihnn shill he permilled motor this hrleq;uvernmoalnl Agrcemenl to unila(crolly militarize ntdilionnl pmrcuis that may be Invlidly sawured by Fulton Calmly without n requirement llml Ilio loulton ('ounly Heard o(Tom nissioners roliry such additional pnrccls fir sower scrvicc, NO1V'1'111iRF,1+OI(1;, in anosidctnlinn of Ihc unrlunl promises al'Ihc Pnrlics and Ihc mulunl hencrt(s (lowing from Inch Poly to Ihc other, and o(hur goad and valuable cwusidumlion uxchnngal, Ilio receipt nod sn0icioncy orwhich aro hereby ackuowledijcd, Ilia fatties agreo its tallows: (1)'I'hu sewer scrvicc nrnp ntlnchcd to Anrondmmd Number I to the Inlorgovcromanlnl Agreement its Exhibit A is hereby stricken in its entirely and replaced herewith with Ilia Allached sewer servica loop attached hereto ns Exhibit A; (1.)'I'hc Mihun ('i(y ('elicit shall hnva Ile rigltl by way of toenail annrail acliun Io unilaterally nulhorire Fulton County to provide sewer service to addilionnl parcels ovor and olwve those rcllecled in lixhibil A. In dolnjj so, Ilia following stipuhtltons shall Apply: n. A resolution and revised sever service mop aulhorizlag such additional pnrccls s in be prepared by tvlilwn nod fanvarm le (hu at County Depnruuctil ol'Public Works and Ilia Fuller Counly Monmger; b. Anew smvcr service map so Icmlel'ed shall 6e4;onnu l 100 V H sewer service map under Ibis Agreement wilhaul linrlhcr ncliou by either I'mly; c. No nulhorizmlon by the city of Mibon shall place upon Fallen Counly all obligation to extend sewer or sewer infrastructure. The decision ns to whether to provide sewer service to any Innrlicalar parcel within the City of Millon, even if' authorized by this Agrecmenl o• any liauro, unilateral nmdiliumion of the sewer service nmp, shall remain vested with Fullon county. (7)'I'he Dccenbcr 1, 7.012 Inlcrgovcnuncnbd Agrucmed is etlwr+visu botchy lolly nnilic(1 mad rcalTinnal. IN 1YI'I'NI?SS NIIGRLOP, Iho Pndics hove unused Ibis Agrcennonl Io be executed under seal as of I he dale first alxwe written. A'I'I't±S'I'I±D Sudiu Gordon, City Milk Twill if, of {fr' J �U) la AI'I'R(IVI±D AS'I'O DORM 1 )mcu orlhu Counly Attorney cfrY of nln;rc)� Jou Lo' c ) o(I, Mnyi Flila'ON COl/N'l'Y, OI(ORCIA In H. Raves, Ph.D., Chairman Fuhun Counly Ilenrcl of Canunissiencrs I(f:CfSS Anrfrit—Ira r, utl I I i?tl III tl'I' HOME OF ' FST.AMISHED2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Adopting the 2016 City of Milton City Council Regular Meeting and Work Session Schedule. MEETING DATE: Monday, November 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additionl pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. KAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: {) YES NO CITY ATTORNEY REVIEW REQUIRED: () YES') NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR. REMARKS Your *** PHONE: 678.242.2500 1 FAX: 678.242.2499 Green *- * Top 1W � c,�tsscYl info@cityofmiltonga.us ,,,�.T,�.�r� www.cifyofmiltongq.us Community ,`BL 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �'��" To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on November 9, 2015 for the November 16, 2015 City Council Regular Meeting Agenda Item: Consideration of a Resolution Adopting the 2016 City of Milton City Council Regular Meeting and Work Session Schedule. ____________________________________________________________________________ Department Recommendation: Approve the Council and Work Session meeting dates for 2016. Executive Summary: The City of Milton is committed to conducting city business in a manner that complies with all legal requirements, fosters citizen confidence in city government, and promotes efficient and effective government operations. As part of our open and transparent government process, the Mayor and City Council will adopt a yearly meeting schedule. Funding and Fiscal Impact: N/A Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Page 2 of 2 Attachment(s):  Resolution Adopting the 2016 City of Milton City Council Regular Meeting and Work Session Schedule  Council and Work Session Meeting Schedule 2016  City of Milton 2016 Holiday Schedule STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE 2016 CITY OF MILTON CITY COUNCIL REGULAR MEETING AND WORK SESSION SCHEDULE BE IT RESOLVED by the City Council of the City of Milton, Georgia while in Regular Session on the 16th day of November 2015 at 6:00 pm as follows: SECTION 1. That the schedule for the 2016 City Council Regular and Work Session Council Meeting Dates is hereby approved as attached; and SECTION 2. That resolutions in conflict with this Resolution are hereby repealed; and SECTION 3. That this Resolution will become effective January 1, 2016. RESOLVED this 16th day of November 2015. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) J A N U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 F E B R U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 M A R C H S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A P R I L S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 M AY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 J U N E S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 J U L Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A U G U S T S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S E P T E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 O C T O B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 N O V E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 D E C E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2016 MEETING CALENDAR 2016 Council and Work Session Meeting Calendar Work Session Dates Work Sessions may be canceled by Council if not needed. Regular Council Meeting Days 2016 Holidays Observed 1/1 New Year’s Day 1/18 Martin Luther King Day 2/15 Presidents Day 5/30 Memorial Day 7/4 Independence Day 9/5 Labor Day 11/11 Veterans Day 11/24-25 Thanksgiving 12/23 City Manager’s Floating Day 12/26 Christmas Day (observed) 2016 Fulton County School Calendar 1/18 Martin Luther King 2/15 Presidents Day 4/4-8 Spring Break 5/26 Last Day of School 8/8 First Day of School 9/5 Labor Day 10/10 Columbus Day 11/21-25 Thanksgiving 12/23/16 -1/8/17 Holiday Break January 22-25 Mayor’s Day Conference Atlanta, GA June 24-28 GMA Conference Savannah, GA CITY OF MILTON 2016 HOLIDAY SCHEDULE HOLIDAY DATE OBSERVED New Year’s Day Friday, January 1, 2016 Martin Luther King, Jr. Birthday Monday, January 18, 2016 President’s Day Monday, February 15, 2016 Memorial Day Monday, May 30, 2016 Independence Day Observed Monday, July 4, 2016 Labor Day Monday, September 5, 2016 Veteran’s Day Friday, November 11, 2016 Thanksgiving Day Thursday, November 24, 2016 Day After Thanksgiving Friday, November 25, 2016 City Manager’s Floating Holiday Friday, December 23, 2016 Christmas Day Monday, December 26, 2016 Employee’s Holiday Employee’s Birthday y HOME OF ` MI.LTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Requesting the Transmittal of a 2016 Livable Centers Initiative (LCI) Supplemental Activity and Plan Update Application to the Atlanta Regional Commission (ARC) for their consideration of the Downtown Crabapple Plan. MEETING DATE: Monday, November 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES () NOT APPROVED ( NO NO APPROVAL BY CITY ATTORNEY () APPROVED (} NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR:REMARKS Youln PHONE: 678.242.25001 FAX: 678.242.2499 ''Green Ar • Cemfi�d { »'lL[�IIFh Community i< Ethics �� info@cityofmiltonga.us i www.cityofmiltonga.us, L� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on November 12, 2015 for the November 16, 2015 Regular Council Meeting Agenda Item: Consideration of a Resolution Requesting the Transmittal of a 2016 Livable Centers Initiative (LCI) Supplemental Activity and Plan Update Application to the Atlanta Regional Commission (ARC) for their consideration of the Downtown Milton Study ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Atlanta Regional Commission offers grants to governmental entities, CIDs, and 501(c)3 organizations, through its Livable Centers Initiative (LCI) program , to study transportation and land use within a defined area to create a center with enhanced traffic facilities and that attracts a mix of investments to create a more livable community. Crabapple was granted LCI designation in 2013 through the grandfa thering process. Communities that have been awarded LCI designation are eligible for other grant funding opportunities including transportation projects and Supplemental Activities and Plan Updates. To further the exploration of “Downtown Milton” as the City Center, the Community Development Department has prepared a 2016 LCI Supplemental Activity application. This resolution initiates the process of transmitting the Downtown Milton Supplemental Activity Application to the Atlanta Regional Commission for review and consideration. Funding and Fiscal Impact: 20% Match ($20,000). Alternatives: Page 2 of 2 Legal Review: Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): LCI Application STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. RESOLUTION REQUESTING THE TRANSMITTAL OF A 2016 LIVABLE CENTERS INITIATIVE (LCI) SUPPLEMENTAL ACTIVITY AND PLAN UPDATE APPLICATION TO THE ATLANTA REGIONAL COMMISSION (ARC) FOR THEIR CONSIDERATION OF THE DOWNTOWN MILTON STUDY BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on November 16, 2015 at 6:00pm as follows: WHEREAS, the Atlanta Regional Commission (ARC) provides funds to local governments to prepare special transportation/land use studies which are funded through their Livable Center Imitative (LCI) Program, and WHEREAS, Crabapple became an LCI community in 2013 though the ARC grandfathering process, and WHEREAS, Crabapple is eligible for grant funding for a Supplemental Study or Activity, and WHEREAS, the Milton Community Development Department has prepared an LCI grant application to fund a supplemental study for the Crabapple area’s proposed Downtown Milton Study; and WHEREAS, the City’s LCI study will cost approximately $100,000 (of which $20,000 will be provided by the City via the Community Development Budget); and NOW THERFORE BE IT RESOLVED, that the City Council of the City of Milton does hereby transmit the application for FY 2016 Livable Centers Initiative Supplemental Activity and Plan Update Application for Crabapple to the Atlanta Regional Commission for consideration. RESOLVED this 16th day of November 2015. Approved: _________________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk 2016 LCI Supplemental Study & Plan Update Application Page 1 of 6 Atlanta Regional Commission 40 Courtland Street, NE Atlanta, Georgia 30303 2016 Livable Centers Initiative Supplemental Activity & Plan Update Application This application is for existing LCI communities or sponsors who are seeking funding assistance to update their LCI plans or to prepare studies, guidelines or codes that help to implement their existing LCI studies. Please note that all activities are funded with USDOT Surface Transportation Program funds and therefore must have a transportation nexus to be eligible (for example, a trails plan would be eligible, but a parks plan would not). Some examples of past LCI supplemental work activities include: major plan updates, site plans for new town centers, redevelopment sites or transit-oriented development, street design guidelines, development codes, transportation project feasibility or scoping studies, parking assessments and policies, creative public involvement strategies including demonstration projects. Applicant Information: Name of responsible organization: City of Milton, GA (Eligible applicants include governmental entities, CIDs, and 501(c)3 non-profit organizations): Name of contact person: Kathleen Field Title: Community Development Director Department: Community Development Address/City/State/Zip: 13000 Deerfield Parkway, Ste. 107F, Milton, GA 30004 Telephone: 678 242-2555 E-mail: kathleen.field@cityofmiltonga.us Select Study Type: ☐ LCI Major Plan Update Note: LCI studies must be at least 5 years old, priority given to studies at least 10 years old. Study boundaries may be amended during this process. ☒ LCI Supplemental Study or Activity Note: The majority of the study area must be within the existing LCI area, however exceptions can be made for logical termini purposes or if connecting two or more LCI communities. 2016 LCI Supplemental Study & Plan Update Application Page 2 of 6 Supplement Study Information and Justification: Name of study, plan or work activity: Downtown Milton Study Location/jurisdiction(s) of study: Milton, GA Name of existing LCI area(s): Crabapple LCI Study Does this study area fall within an Equitable Target Area? See Equitable Target Area (ETA) Map ☒ Not within ETA ☐ Yes – Median range ☐ Yes – High range ☐ Yes – Very High range Please provide a response to the following questions: 1. Please provide a brief scope of work of the proposed study or activity. This can be in outline or bullet form listing specific study/consultant tasks with brief descriptions of each. If you have a more detailed Scope of Work or RFP available, feel free to include as an appendix. (max. 500 words): Since the existing Crabapple LCI Study was completed, the City Council has determined that this historic crossroads will become the “downtown” for the City of Milton. In order to build the walkable village, as envisioned from the original conceptual Crabapple Master Plan, increased investment, both public and private, needs to be identified; circulation and parking needs to be analyzed; and potential public/civic spaces shown for consideration. Accordingly, the following tasks need to be undertaken or updated from the original study: A. Economic Study: Any Master Land-Use Plan for this area needs to be grounded via an updated market study which should show future demand for different housing types as well as commercial and office uses. Employment and populations projects should also be included as part of this analysis. B. Circulation and Parking Study: A careful analysis of circulation patterns for pedestrians, bicyclists, and motorists is needed to identify connections that improve convenience and user experience within the study area. Connections identified will address transportation mobility, accessibility and safety of all users following complete street policies. Various alternatives to improve operations combined with surrounding facilities, both existing and under development will be analyzed to determine the preferred circulation and connections. Historic grid patterns will need to be taken into consideration as well as the current plans for transportation infrastructure improvements. Finally, if this area is to develop to its potential, a detailed parking analysis based upon a build-out of this area should be undertaken. Such analysis should include a determination of the viability of a parking structure, including financing options, size and preferred locations for such a structure. C. Revised Land Use Plan – In order to create Milton’s “Downtown” a partnership with the owners of the private properties within Crabapple needs to be fostered and encouraged, Unlike many other city centers, Milton does not own any land in the Crabapple area aside from the proposed City Hall complex. A viable, updated and detailed Master Plan, showing the potentiality of all of the development parcels will be 2016 LCI Supplemental Study & Plan Update Application Page 3 of 6 required if a walkable, village community is to be created. (This Plan should be tied to the Parking Study as referenced in Section B. above.) D. Identification of Potential Civic/Public Spaces – If this area is to be the City’s Downtown, identification of parcels that can create a public “gathering space” will be important in terms of creating a “sense of place”. Location, cost and availability are factors to be considered. The space that was identified for this purpose in the adopted LCI Study is no longer viable, hence the need to identify alternative sites. E. Implementation – In order to implement this Supplemental Plan, a detailed “how-to” blueprint will be required for the following specific initiatives: the identification of financing tools to assist with: (1) the building of a parking garage (envisioned as a public-private partnership); and (2) the acquisition of public green space. Also, a review of the exisiting form based code will need to be undertaken for consistency with the recommendations to be included witin the revised Supplemental Plan; and, review and coordination with recommendations contained within the City’s CTP (currently under revision). F. Public Outreach Process – A detailed public participation plan must be structured and undertaken that strives to include all important stakeholders impacted by the finalized Supplemental Study. 2. Explain how this new study or project supports the implementation of the existing, adopted LCI Study (or its most recent plan update if applicable)? How does this proposed study/project help to achieve the goals and recommendations laid out in your community’s LCI plan? Please be specific. (max. 250 words): It is the intent of this Supplemental Study to build upon the adopted LCI Study. Specifically, several major transportation projects which were originally identified in the adopted study and that enhance circulation, are about to break ground; private investment of several housing and commercial projects has started; and both a public library and a new City Hall, which will serve as anchors to the “downtown”, are either planned or completed. The impact of all of these projects is that they are significantly changing the “landscape” of this area. Especially important is that this area has been determined to be the official “downtown” for the City. Accordingly, a detailed plan and financing strategy needs to be put in place to encourage future development in a way that carries out the City’s vision for the area. We know that we only have one opportunity to develop this area correctly! This Supplemental Study will. in effect, take the goals and tasks as outlined in the original study, to a more in-depth level while at the same time up-dating them to make them more consistent with the new “downtown” vision for the area. Additionally, while there are transportation infrastructure improvements underway in the study area, a more in-depth identification of connections and potential streets that reflect the historic grid patterns, as well as the identification of specific projects for pedestrians and bicyclists, will contribute significantly toward making this the walkable community as currently envisioned. The intent of this Plan will be to develop connections that serve all users of the transportation system. Also, the City is interested in more specifically identifying areas for public open space that will be able to contribute to a special sense of place for the community. Toward this end, one location was identified in the adopted LCI Plan, but this site has been determined to be less viable than was originally envisioned and hence other locations need to be considered. Finally, as means of implementing the originally adopted LCI Plan, regulatory measures including a form based code, historic guidelines and a public art program were identified as specific measures to be implemented to support good design. All except the public art program, have been put in place. However, an in-depth evaluation of these measures should be undertaken to ascertain if they are performing as envisioned. Such analysis should include recommendations for improving them if necessary, and in the case of the Public Art, to ascertain as to whether this recommendation is still viable. 2016 LCI Supplemental Study & Plan Update Application Page 4 of 6 3. Please describe how this project/study supports regional goals established in the Atlanta Region’s Plan Policy Framework. (max. 250 words): The successful completion of Downtown Milton per the community vision, aligns with and accomplishes several of the Atlanta Region’s Plan goals and objectives within the Plan’s threefold vision of: Competitive Economy; World Class Infrastructure; and Healthy Livable Communities. The vision for Crabapple (documented in the 2012 LCI) specifically addresses many of the listed policies in all three categories. Resulting from the vision, the form based code zoning was implemented to encourage investment in new development, redevelopment and infill development with added attention to design standards. The zoning allows for various residential lot sizes for detached homes; as well as attached and stacked home products within easy walking distances to shops and other amenities (The Fulton County Milton Library is located here along with the elementary, middle and high schools, churches, and the proposed Milton City Hall and Courthouse). Also imbedded in the code are provisions for complete streets and civic space with the idea that the downtown area would be easily accessible to all and would provide the central hub with integrated public art to nurture the culture a nd character of the community. The future City hall would be an inclusive community engagement center with dedicated meeting space for community interest groups to meet and participate in the planning process. Downtown Milton also has parcels identified as receiving areas for transferred development rights (TDR) as well as parcels identified as sending areas for the TDR program. This was incorporated into the code in the interest of encouraging the creation and protection of open space within the community as an amenity and as a functional component of the region’s greenspace network and the city’s wider green infrastructure. 4. Please describe activities that your community (i.e. local government, CID, and/or community organizations) have undertaken which demonstrate its commitment and ability to implement the LCI plan and create positive changes at the community. You may attach an LCI Report of Accomplishments to the application, if available. (max. 350 words): The City of Milton has undertaken the following initiatives to implement the adopted LCI study: - Implemented a form based code with specific design guidelines; - Located its proposed City Hall in the area, thus designating Crabapple as its “downtown”; - Recommended to Fulton County that the City’s library be located in Crabapple – facility opened in spring of 2015; - Engaged a consultant to prepare a preliminary parking study that included a feasibility analysis for a parking garage; - Potential funding has been identified to provide suitable open space for the area; - Worked with private landowners to develop a concept development plan based on adopted LCI study;and, - Transportation Projects (either started or about to start): 1. Northwest Connector roadway 2. Crabapple Rd median 3. Mayfield Rd sidewalks from Broadwell to Charlotte 4. Crabapple Rd at Birmingham Hwy turn lanes and signal improvements 5. Birmingham Hwy at McFarlin Ln roundabout 6. Crabapple Rd at Crabapple Chase Dr roundabout 7. Crabapple Rd at Green Rd concept study by GDOT 8. New streets west of Lecoma Trace 9. Safe routes to school improvements 5. Please explain how your proposed study or activity will address one or more of the following LCI priorities or focus areas (250 words): a. Mix of uses and a density of development that support walking, biking or transit b. Mixed-income and workforce housing 2016 LCI Supplemental Study & Plan Update Application Page 5 of 6 c. Transit-oriented development and bicycle and pedestrian access to transit (including bus stops) d. Redevelopment of underutilized infrastructure, brownfield, or grayfield sites e. Jobs-housing balance and economic opportunity for all f. Increased street connectivity, complete streets and Travel Demand Management g. Aging-in-place and lifelong community concepts h. “Creative placemaking” strategies, creative public involvement and demonstration projects i. Historic preservation and context-sensitive infill and development The City intends to use this Supplemental Study to better focus on those land uses and densities which can maximize the City’s vision for a walkable, bike friendly, downtown area. Without these attributes the community, as envisioned by its residents, will not come to fruition. As part of this reassessment, the City will have its existing form based code re-evaluated to insure that a mix of housing types with an appropriate balance of jobs is insured. This study will also include a more detailed identification of opportunities to connect streets using the exisitng grid pattern, in order to maximize circulation for pedestrians and bicyclists. One of the goals for the creation of this “downtown” area is to create a true historic village which will identify this area as our downtown and serve as its gathering place. Toward this end, the entire City Hall complex is being designed so as to promote community interaction. Additionally, several senior housing projects are in the planning stages. We believe that with an identified complete streets program that promotes walkability, as well as an assortment of housing types combined with public institutional anchors, such as the Fulton County Library and the City Hall, we can create a community that will serve as a true lifelong community.Finally, the use of historic design guidelines and circulation patters as determined through this Study, will serve as a pre- requisite to maintaining the area like the the historic crossroads that it once was. BUDGET: Please list each task and the estimated total cost per task (i.e. not just the federal share). If you need more than six tasks, please attach a detailed budget. Study/Project Tasks Cost Estimate Task 1: Economic Study $25,000 Task 2: Circulation and Parking Study $35,000 Task 3: Detailed Land Use $15,000 Task 4: Identification of Potential Civic/Public Spaces $5,000 Task 5: Implementation $10,000 Task 6: Public Outreach Process $10,000 TOTAL study/project budget $100,000 Funds Requested (Max. 80% of Total Budget): $80,000 Sponsor Cash Match (Min. 20% of Total Budget): $20,000 Please note: All LCI studies must include at least 20% cash match of the total study budget. The maximum funding request is $200,000 (i.e. $250,000 total, $200,000 fed/$50,000 local). 2016 LCI Supplemental Study & Plan Update Application Page 6 of 6 SUBMITTAL PACKAGE CHECKLIST: Your completed LCI Supplemental Activity & Plan Update Application should include the following: ☒ Completed 2016 LCI Supplemental Activity and Plan Update Application (i.e. this form!) ☒ A clear map of the proposed study/project area. Include jurisdiction boundaries, major street names, a scale, legend, north arrow, the existing LCI area, and any adjacent LCI boundaries on the map. ☒ Resolutions or Letters of Commitment: ☐ Include a letter of commitment from the Mayor or City/County Manager, or a Council Resolution, indicating commitment to the implementation of the project and providing matching funds. ☐ Non-governmental organizations applying for funds shall include a letter of commitment to the implementation of the project and providing the matching funds, from its Executive Director or Board Chairperson, as well as a letter of support from the underlying jurisdiction. ☐ If entities other than the applicant are providing matching funds, please include letters of commitment for the matching funds from those entities. ☒ Copy of the Council/Commission resolution adopting the original LCI Study or most recent LCI Plan Update (if applicable). For recently completed plans not yet adopted, please provide documentation showing that the plan adoption/resolution is scheduled on an upcoming agenda. ☒ Optional: Supporting documentation such as support letters from stakeholders and community, LCI Report of Accomplishments, detailed scopes of work, photos, etc. Please limit to 15 pages. How to Submit Application: Combine all documents from the Submittal Package Checklist into a single PDF with the name of your study area in the file name and submit by December 7, 2015 via email, FTP or USB drive to: Marisa Ghani, Community Development Division, Atlanta Regional Commission 40 Courtland Street, N.E., Atlanta, GA 30303 mghani@atlantaregional.com 404-463-3309 For information and questions: See the application website http://www.atlantaregional.com/land-use/livable- centers-initiative/study-application, or contact ARC’s Community Development Division: Amy Goodwin (404-463-3311, agoodwin@atlantaregional.com) or Marisa Ghani (404-463-3309, mghani@atlantaregional.com). Submittal Deadline: Monday, December 7, 2015 by 5pm HOME OF'THE SET QUALITY OF LIFE IN GEORGIA' MILTON, ESTABLISH FD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 12, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Intergovernmental Agreement Between the City of Milton, Georgia and the City of Alpharetta, Georgia Regarding Lease and Joint Use of Municipal Court Facilities. MEETING DATE: Monday, November 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED {) NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: IE kS REMARKS In Yau r,- PHONE: 678.242.25001 FAX: 678.242.2499 Green v + c�,�` `�P`�° Info@cityofmlltonga.us I www.cityofmlltonga.us community t,;c5 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -" a< To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on November 12, 2015 for the November 16, 2015 Regular Council Meeting Agenda Item: Consideration of an Intergovernmental Agreement between the City of Milton and the City of Alpharetta, Georgia Regarding Lease and Joint Use of Municipal Court Facilities. ____________________________________________________________________________ Department Recommendation: Approve the Intergovernmental Agreement between Milton and Alpharetta that contemplates joint use in Crabapple for Milton’s Municipal Court. Executive Summary: The purpose of this Intergovernmental Agreement (IGA) is to solidify the relationship between Milton and Alpharetta for the joint use of the courtroom facility in the Crabapple community that is currently being used solely by Alpharetta. Alpharetta will allow Milton to make some modifications to areas currently not used and Milton intends to officially start delivering its municipal court services in early 2016. Milton will use the courtroom on Monday and Friday only but will have access to its leased space during normal business hours. The initial term of the agreement is five years and it is subject to extension with agreement of both parties. Funding and Fiscal Impact: The City of Milton will pay the City of Alpharetta $3,000 per month during the term of the IGA. These costs are associated with the operation and Page 2 of 2 maintenance of the premises (i.e., utility, lighting, HVAC, janitorial and landscaping). Legal Review: Reviewed and approved by Ken Jarrard, Jarrard and Davis, LLC (October 15, 2015) Attachments: IGA between the City of Milton, GA and the City of Alpharetta, GA Regarding Lease and Joint Use of Municipal Court Facilities with Exhibits Exhibit A.1 – Building Floorplan Exhibit A.2 – Floorplan of Leased Premises Exhibit B – Plans for Proposed Improvements of the Leased Premises INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MILTON, GEORGIA AND THE CITY OF ALPHARETTA, GEORGIA REGARDING LEASE AND JOINT USE OF MUNICIPAL COURT FACILITIES This Intergovernmental Agreement ("IGA"), effective this day of 32015 (the "Effective Date"), is entered into by and between the CITY OF MILTON, GEORGIA, a municipal corporation formed under the laws of the State of Georgia and acting by and through its governing authority, the City of Milton Mayor and City Council (hereinafter "Milton") and the CITY OF ALPHARETTA, GEORGIA, a municipal corporation formed under the laws of the State of Georgia and acting by and through its governing authority, the City of Alpharetta Mayor and City Council (hereinafter "Alpharetta"). RECITALS: WHEREAS, the parties are authorized to enter into this IGA pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 regarding intergovernmental contracts ("Intergovernmental Contracts Clause"); WHEREAS, the Intergovernmental Contracts Clause authorizes the cities to enter into an agreement for the joint or separate use of facilities or equipment, but such contracts must deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide (GA CONST., Art. IX, Sec. III, Para. I); and WHEREAS, Alpharetta owns a Municipal Court facility located at 12624 Broadwell Road, Alpharetta, Georgia 30004 in Fulton County (the "Premises"), which facility is convenient to Milton residents; and WHEREAS, O.C.G.A. § 36-32-12 provides that "sessions of a municipal court may be held outside the municipality for which the municipal court is established if such sessions are held within a county in which the municipality is located or has its legal situs;" and WHEREAS, both Alpharetta and Milton are located in Fulton County; and WHEREAS, Milton is looking for a facility to house its Municipal Court operation; and WHEREAS, Alpharetta already does or intends to hold sessions only on Tuesdays, Wednesdays, and Thursdays; and WHEREAS, Milton already does or intends to hold its Municipal Court sessions only on Mondays and Fridays; and WHEREAS, Alpharetta and Milton desire to enter into this IGA regarding (1) the lease by Milton of certain space within the Premises to house Milton's Municipal Court sessions and offices, (2) Milton's exclusive right to use the Courtroom (defined below) during normal Business Hours (defined as 9:00 AM until 5:00 PM) on Mondays and Fridays, and (3) the parties' joint right to use and operate within Common Areas (defined below) on the Premises; and WHEREAS, Milton and Alpharetta believe the best interests of both Milton and Alpharetta will be served by the exchange contemplated in this IGA, the projects and services to be undertaken pursuant to this IGA, and those ancillary activities otherwise forming a part of this IGA. NOW THEREFORE, in consideration of the mutual benefits to the parties hereto and all of the citizens they represent and other good and valuable consideration as set forth herein below, Milton and Alpharetta enter into this IGA upon the following terms, conditions, and stipulations: I. INCORPORATION OF RECITALS. The Recitals set forth above are hereby incorporated in and made a part of this IGA by this reference. II. LEASE AND RIGHT TO USE A. General Terms/Definitions. 1. Building. A floorplan for the building located on the Premises (the "Building") is attached hereto as Exhibit A.1 and incorporated herein by reference. 2. Common Areas. "Common Areas" generally include space that is not included in portions of the Premises and Building set aside for Milton or Alpharetta's exclusive use, including but not limited to parking, sidewalks, entrances, hallways, lobbies, elevators, restrooms, walkways and plazas. 3. Courtroom. The "Courtroom" is the area labeled as "courtroom" in Exhibit A.1. B. Right to Use. 1. Common Areas/Courtroom. During the term of this IGA, Milton and Alpharetta shall have a joint right to use the Common Areas on the Premises, and Milton shall have an exclusive right to use the Courtroom during Business Hours on Mondays and Fridays. Milton's use of the Courtroom shall be limited solely to conducting sessions of Milton's Municipal Court during Business Hours on Mondays and Fridays. Alpharetta shall have the sole and exclusive right to use the Courtroom at all times other than during Business Hours on Mondays and Fridays. All use of the Common Areas shall be subject to any reasonable rules and regulations promulgated by Alpharetta, provided that such rules shall not interfere with the public's ability to access the Milton Municipal Court facilities or offices or Milton's ability to hold Municipal Court sessions on the Premises in compliance with applicable law. 2. Control of Access. a. Generally. Milton, its agents, employees, invitees, and guests, shall have access to the Premises and reasonable ingress and egress to Common Areas of the Building twenty-four hours a day, seven days a week during the term of this IGA; provided, however, Alpharetta by reasonable regulation may control such access for public safety and protection of all Building occupants or as needed for making repairs and alterations, provided that such regulation shall not interfere with the public's ability to access Milton's Municipal Court offices during Business Hours or Milton's ability to hold Municipal Court sessions during Business Hours on Mondays and Fridays. Milton's access to the Premises, as authorized herein, shall be exclusively for the purpose of (1) using the Leased Premises (hereafter defined) at any time to conduct Municipal Court operations and (2) conducting Municipal Court sessions during Business Hours on Mondays and Fridays. b. After Hours. Milton shall be responsible for providing access to the Premises to its agents, employees, invitees and guests after Business Hours and on weekends and holidays, but in no event shall Milton's use of and access to the Premises during non - Business Hours compromise the security of the Building. Milton's access to the Premises, as authorized herein, shall be exclusively for the purpose of (1) using the Leased Premises (hereafter defined) at any time to conduct Municipal Court operations and (2) conducting Municipal Court sessions during Business Hours on Mondays and Fridays. c. _Security. Alpharetta will continue to maintain security of the court on Tuesdays, Wednesdays and Thursdays when Alpharetta's Municipal Court is in session. Milton will maintain security of the court on Mondays and Fridays when Milton's Municipal Court is in session, and Alpharetta will allow Milton to use its security checkpoint equipment during such times. d. Other Access Matters. Milton shall conduct its operations in such a manner as to not impair Alpharetta's access to Room 202 at any time Except in the case of an emergency, the point of ingress and egress into the Premises for Milton its agents employees, invitees, and guests shall be through the entry and exit doors facing Crabapple Road. Except in the case of an emergency, Milton its agents employees e-. c. C. Lease. invitees, and guests, shall not have access to the stairwell leading down to the entry and exit doors facing Broadwell Road. In addition Milton at its cost shall erect a half -gate or half -door, or similar physical barrier to be approved by Alpharetta limiting access to the stairwell and shall post signage acceptable to Alpharetta regarding the limited access. I. Leased Premises. Milton shall lease and have exclusive control over the portions of the Building depicted in Exhibit A.2, attached hereto and incorporated herein by reference ("Leased Premises"), during the term of this IGA. Milton's use of the Leased Premises shall be limited to conducting Municipal Court operations. Milton shall have quiet enjoyment and possession of the Leased Premises provided Milton complies with all of its obligations under this IGA. The Leased Premises may also be referred to as Milton's Court Offices. 2. Improvements and Alterations to the Leased Premises. Subject to Alpharetta's consent, which consent shall not be unreasonably withheld, Milton may make structural and/or interior alternations to this Leased Premises at Milton's expense, and Milton will procure any permits necessary to complete such improvements. Alpharetta shall provide Milton with access to the Building/Premises and its systems as needed to complete such improvements or alterations; provided that such access shall not interfere with Alpharetta's normal use of the Building and Premises during Business Hours, and, if any portion of the Building or Premises is damaged during such improvements or alterations, Milton will correct such damage at its expense. Alpharetta hereby consents to the improvements and modifications shown in Exhibit B. 3. Alpharetta Right of Entry. Alpharetta shall have the right, at all reasonable times and upon reasonable notice and without unreasonably interfering with Milton's business, either itself or through its authorized agents, to enter the Leased Premises to make repairs and inspect any mechanical systems and electrical devices. Further, Alpharetta shall have the right to enter the Leased Premises at any time without notice in the event of an emergency. D. Premises Operation and Maintenance Costs. During the term of this IGA, Alpharetta shall be responsible for all costs associated with operation and maintenance of the Premises (including but not limited to utility costs, standard building lighting, heating and air conditioning, janitorial costs, trash/dumpster pickup, and landscaping costs). Alpharetta shall make all standard repairs and replacements to the Premises, including, but not limited to, the Building and Common Areas, except as specifically agreed upon in writing by the parties hereto. Alpharetta's Building maintenance shall include but not be limited to the roof, foundation, exterior walls, windows, interior structural walls, all structural components, and all Building systems, such as mechanical, electrical, HVAC, and plumbing. Repairs and replacements shall be made within a reasonable time (depending upon the nature of the repair or replacement needed) after Alpharetta is notified or has actual knowledge of the need for the repair or replacement. Notwithstanding anything to the contrary in this paragraph, Milton will be responsible for costs associated with improvements it makes to the Leased Premises pursuant to Section II(C)(2) and repairs and replacements directly associated with those improvements. E. Compensation. In exchange for Milton's right to use described in Section II(B), lease interests described in Section II(C), and other services described in Section II(D), Milton will pay Alpharetta three thousand dollars ($3,000) per month during the term of this IGA. F. Modifications to the Premises/Signage. I. Signage. Alpharetta will add Milton to interior and exterior signage, including but not limited to door and directory signage; provided that such signage shall be of similar scale to existing Alpharetta signage. The parties agree to cooperate in the location and style of signage at the Premises during the term of this IGA. Any dispute regarding the location of signage at the Premises shall be resolved pursuant to Section IV of this IGA. Milton shall reimburse Alpharetta for any costs associated with signage modifications. 2. Courtroom. The parties will cooperate in completing any improvements and modifications to the Courtroom, which improvements and changes may be mutually agreed upon by the parties, and the parties agree that any improvements or modifications to the Courtroom shall not negatively impact Milton's operation of Municipal Court sessions within the Courtroom. Any dispute regarding improvements to the Courtroom shall be resolved pursuant to Section IV of this IGA. 3. Leased Space. Alpharetta has consented to the improvements and modifications shown in Exhibit B. Pursuant to Section II(C)(2) above, subject to Alpharetta's consent, which consent shall not be unreasonably withheld, Milton may, at its expense, make additional improvements to and modify the Leased Premises. G. Solicitor's Continued Right to Use. Alpharetta will continue to allow Milton's Solicitor to use the Solicitor's current office space and will continue to allow Milton's Solicitor to work on Milton matters in that space. III. TERM AND TERMINATION A. Term. This IGA shall commence upon execution by the parties and shall have an Initial Term of five (5) years. At the end of the Initial Term, and at the end of each Renewal Term (defined below), this IGA shall automatically renew for an additional one (1) year term ("Renewal Term") absent one party giving the other party written notice of non -renewal at least six (6) months prior to the date of renewal. This IGA may renew for a maximum of five (5) one-year Renewal Terms. B. Termination for Convenience. Either party may terminate this IGA for convenience by providing written notice of termination to the other party at least six (6) months prior to the date of termination. C. Upon Termination. At the expiration or earlier termination of this IGA, Milton shall (i) deliver each and every part of the Leased Premises to Alpharetta and (ii) remove all of Milton's personal property, equipment and fixtures from the Premises. Any permanent modifications/alterations to the structure of the Leased Premises will remain. Alpharetta hereby agrees that Milton shall be allowed to remove all equipment installed by Milton; provided that Milton repairs any damage resulting from the removal of such equipment. IV. DISPUTE RESOLUTION If any disputes or issues arise in connection with this IGA, either party shall have the right to demand a meeting of the cities' respective City Managers. If the dispute cannot be resolved amicably between the City Managers, then either party shall have the right to request the other party participate in non-binding mediation. The mediator shall be mutually agreed upon, and the costs of the mediator shall be shared equally between the parties. In the event there is no request for mediation or mediation efforts fail, then any dispute or issues shall be resolved through litigation. In the event mediation is unsuccessful or deemed futile, the parties shall each be entitled to pursue all available remedies at law or equity; provided that any action or suit related to this IGA shall be brought in the Superior Court of Fulton County, Georgia, or the Northern District of Georgia, as applicable, and the parties hereby submit to the jurisdiction and venue of such court. V. MISCELLANEOUS A. Insurance. 1. Alpharetta. Alpharetta shall procure and maintain a commercially reasonable policy of fire, flood and liability insurance on the Premises throughout the term of this IGA. Said insurance policy shall have aggregate annual coverage of no less than $1,000,000 for liability and $5,000,000 for flood/fire. Further, Alpharetta shall ensure that Milton is covered as an additional insured on such insurance policy. 2. Contractors/Subcontractors. During any construction on the Premises, the respective party completing such construction shall ensure by written contract that all contractors and subcontractors maintain commercially reasonable insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the work being performed and that both Milton and Alpharetta are listed as additional insured to such policies, including, but not limited to, a general liability policy with limits of no less than one million dollars ($1,000,000.00). Further, the party contracting for such work shall comply with O.C.G.A. § 13-10-90, et seq., O.C.G.A. § 50-36-1, et seq., O.C.G.A. § 36-91-1, et seq., and/or all other applicable law. B. AssiLxnment or Transfer. The rights, privileges and obligations under this IGA shall not be assigned or transferred by any party without the prior written consent of the other party. C. Notices. All notices given pursuant to this IGA shall be in writing and shall be deemed received, and shall be effective when: (i) personally delivered, or (ii) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (iii) upon actual delivery when sent via national overnight commercial carrier to the party at the address given below, or at a substitute address previously furnished to the party by written notice in accordance herewith: To Milton: City of Milton, Georgia 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 ATTN: City Manager To Alpharetta: City of Alpharetta, Georgia 2 Park Plaza Alpharetta, GA 30009 ATTN: City Administrator Either party shall have the right, from time to time, to change the address to which notices to it shall be sent by giving to the other party at least ten (10) days prior notice of the changed address. D. Public Procurement Requirements Each party agrees that it will comply with all public works bidding requirements of the State of Georgia related to any construction, improvements, or services completed on the Premises. E. E -verify and Title VI. Each party agrees that it will comply with all E -Verify and Title VI requirements and execute any documents reasonably required related to such compliance. Further, each party agrees that any contracts let for work completed on the Premises shall contain all required E -verify and Title VI requirements under applicable law. F. Entire Agreement/Amendment. This IGA contains the entire agreement of the parties and supersedes all prior communications or agreements, whether oral, written, or understood, regarding the subject of this IGA. This IGA may be modified or amended only in writing properly executed by both parties. G. Headings and Severability. The brief capitalized and underlined headings or titles preceding each paragraph are for purposes of identification, convenience and ease of reference only and in no way define, limit or describe the scope or intent thereof, or of this IGA nor in any way affect this IGA, and such headings or titles shall be disregarded in the construction of this IGA. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the IGA should be severed, and the remainder of this IGA shall remain in full force and effect to the extent possible. H. Waiver. No failure of any party hereto to exercise any right or power granted under this IGA, or to insist upon strict compliance by the other party with this IGA, and no custom or practice of any party at variance with the terms and conditions of this IGA, shall constitute a general waiver of any future breach or default or affect either party's right to demand exact and strict compliance by any other party hereto with the terms and conditions of this IGA. I. Governing Law. The parties shall comply with all applicable laws, ordinances and regulations related to their respective use of the Premises and performance of this IGA. This IGA shall be governed by, construed under, performed and enforced in accordance with the laws of Georgia. I Interpretation. The parties hereto have cooperated in the preparation of this IGA. Hence, should any provision of this IGA require judicial interpretation, it is agreed and stipulated by and between the parties that the court interpreting or construing the same shall not apply a presumption that the terms, conditions and provisions hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party who prepared the same. K. Counterparts. This IGA may be executed in multiple counterparts each of which is deemed an original of equal dignity with the others and which is deemed one and the same instrument as the others. L. Successors and Assigns. Subject to the provision of this IGA regarding assignment, this IGA shall be binding on the heirs, executors, administrators, successors and assigns of the respective parties, provided that no party may assign this IGA without prior written approval of the other party. M. Third Parties. This IGA shall be exclusively for the benefit of the parties hereto and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Sovereign Immunity. Nothing contained in this IGA shall be construed to be a waiver of either party's sovereign immunity or any individual's qualified good faith or official immunities. O. Force Majeure. Neither party shall be liable for its respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this IGA or for any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this IGA legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute; (f) delay or failure to act by any governmental or military authority other than the party claiming the benefit of this provision; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. P. Records. Each party shall maintain records relating to matters covered by this IGA as required by law and by any additional requirements in this IGA. Such records shall be maintained for at least a period of three years following the termination of this IGA. Q. Authorization. Each of the individuals executing this IGA on behalf of his or her respective party agrees and represents to the other party that he or she is authorized to do so and further agrees and represents that this IGA has been duly passed upon by the required governmental agency or council in accordance with all applicable laws and spread upon the minutes thereof. The parties hereto agree that this IGA is an intergovernmental contract and is entered into pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia 1983. IN WITNESS WHEREOF, Milton and Alpharetta have caused this IGA to be executed under seal as of the Effective Date first provided above. [SIGNATURES ON FOLLOWING PAGE] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [CITY SEAL] ATTEST: Sudie AM Gordon, City Clerk NOTARY PUBLIC: My Commission Expires: [AFFIX NOTARY SEAL OR STAMP] CITY OF ALPHARETTA, GEORGIA David Belle Isle, Mayor [CITY SEAL] APPROVED AS TO FORM: ATTEST: C. Sam Thomas, City Attorney Print: City Clerk NOTARY PUBLIC: My Commission Expires: 1923832 [AFFIX NOTARY SEAL OR STAMP] Exhibit 11A.1" [Insert Building Floorplan.] CARR.UM ANIS CARRUTki A-RCHrrZCTS xts —v *—.A two no u 1s t, $rumR9y'Xi'.E TION P U Co HEt7 f CT1'<IitR E � CE �Y Ii+ Exhibit 11A.2" [Insert Floorplan of Leased Premises.] r CARRUTH A" CxRRur?x ARCHITECTS ua+x+ecx exrtzs oa+rVxxzsM cuqsK "Aa ALLOUTION PW Exhibit "B" [Insert plans for proposed improvements of the Leased Premises] i- wt.u5 th ; L' ., t}., 14A eiq. *.th:tr� ....- 4`Jti�x� j ,t V` k; -c "" �i.SW,c,4lty} Y'NiDC 1��4 �i<t �r ;� SV -1 tC 44Y �•''. p .txl o/L:rori' cr s -its;^ S i �...• •ljOU �_ G�rL1C„" 'iSC7MtFx - �Zh _. __ :axu t5E 8aur�i�Vi, rraj' wwEi<, rb tjc' t tA�Cks Kaf.{voc�,. r> a AstF- t4"�tet'u�s1 i t 2) Ww� �) Mt..1.? ;.ltl}- Swx�G M5 •__ I : jj w(�i ++,, sF4 't}.D.{ �,...... i-�..�.0 f f;•-•:�.,:� .......:_ 1_..-._ ___.-..,•_ iH11 i {) F '85atA,rq, bl\'1£'}3 i� ii#.ovdtzi'ro 'x ti(`, J tL, i �• J I cQL k zasn t nawa+x wt �; riaua fl� i..=.t t�{{ ig rt (eoa sL n•,w O*:t - UA tt iS O UP HOME OF tTON, r ESTAB LIS FIE D2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 9, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing Members to the City of Milton Comprehensive Plan Advisory Committee by Appointing Members from At -Large, District 1/Post1, District 1/Post 2, District 2/Post 1, District 2/Post 2, District 3/Post 1, District 3/Post 2. MEETING DATE: Monday, November 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES NO CITY ATTORNEY REVIEW REQUIRED: O YES NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS If I 4 Is `1 bL JlA( 91.* Ypuin PHONE: 678.242.2500 f FAX: 678.242.2499 Green' 7 ; cet�s * lop 1W u ��_�,�.��E ommunit EhE�s 1nfoC�cityofmiltanga.us i www.cityofmiltonga.us � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS TO THE CITY OF MILTON ADVISORY COMMITTEE FOR THE CITY OF MILTON COMPREHENSIVE PLAN UPDATE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on November 16, 2015 at 6:00 p.m. as follows: SECTION 1. That the Mayor and Each Councilperson shall nominate his or her designee for one (1) of seven (7) of the 16 positions on the Committee as follows; SECTION 2. That ____________(District 1/Post 1), _________ (District 2/Post 1), __________(District 3/Post 1), and ____________ (At Large) are hereby appointed for a term commencing November 16, 2015 and ending on December 31, 2017 and, SECTION 3. That _____________ (District 1/Post 2), ___________(District 2/Post 2) and ____________(District 3/Post 2) are hereby appointed for a term commencing November 16, 2015 and ending December 31, 2019 and, SECTION 4. That the remainder of the 16 positions shall consist of the seven members of the City of Milton Planning Commission, the Chairman of the City of Milton Board of Zoning Appeals, and the Chairman of the City of Milton Design Review Board and shall serve on the Advisory Committee to the City of Milton Comprehensive Plan Update consistent with their terms on their respective board or commission. SECTION 5. That the Mayor and City Council shall choose one of the members of the Advisory Committee to the City of Milton Comprehensive Plan Update to be the Chairperson. SECTION 6. That this Resolution shall become effective upon its adoption. RESOLVED this the 16th day of November, 2015. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon