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Agenda Packet CC - 08/07/2017 - City Council Meeting Agenda Packet
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, August 7, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION – Remco Brommet, Chaplain for the City of Milton Police and Fire 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. 17-200) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 7, 2017 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 5) CONSENT AGENDA 1. Approval of the July 24, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-201) (Sudie Gordon, City Clerk) 2. Approval of Admin. Mod. 2017- 01 – Northeast Corner of Bethany Bend and Cogburn Road containing 9.09 acres located in Land Lot 832 of the 2nd District 2nd Section by Arrowhead Real Estate Partners, LLC to modify condition 3.n. 3.r. to revise the grading plan received by the Community Development Department on July 21, 2017. (Agenda Item No. 17-202) (Kathleen Field, Community Development Director) 3. Approval of a Construction Services Agreement between the City of Milton and Superior Fence of Georgia, LLC for the Fence Construction at Birmingham Falls Elementary and Cogburn Woods Elementary School. (Agenda Item No. 17-203) (Jim Cregge, Parks and Recreation Director) 6) REPORTS AND PRESENTATIONS 1. Swearing-In of New Firefighter. (Bob Edgar, Fire Chief) 2. Proclamation Recognizing Kathy Johnson’s Service to the City of Milton. (Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 7, 2017 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 20 of the City Code - Noise Control. (Agenda Item No. 17-170) (First Presentation at July 10, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. (Agenda Item No. 17-156) (First Presentation at July 10, 2017 Regular City Council Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Consideration of an Agreement with the City of Milton and Gas South for Economic Development Purposes. (Agenda Item No. 17-204) (Sarah LaDart, Economic Development Manager) 2. Consideration of a Separation Agreement and Full and Final Release of Claims between Thom Brown and the City of Milton. (Agenda Item No. 17-205) (Ken Jarrard, City Attorney)) 12) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Fire 3. Finance 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 17-206) MJI-TON'lt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 1, 2017 FROM: Steven Krokoff, City Manager (3 AGENDA ITEM: Approval of Admin. Mod. 2017- 01 - Northeast Corner of Bethany Bend and Cogburn Road containing 9.09 acres located in Land Lot 832 of the 2nd District 2nd Section by Arrowhead Real Estate Partners, LLC to modify condition 3.n. 3.r. to revise the grading plan received by the Community Development Department on July 21, 2017. MEETING DATE: Monday, August 7, 2017 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: (� () NO CITY ATTORNEY REVIEW REQUIRED: (v iYf () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: Ct,� /6'1) Z O� 1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Page 1 of 7 Admin Mod 2017-01 - Prepared by the Community Development Department for the Mayor and City Council’s Consent Agenda on August 7, 2017 8/3/2017 ADMIN MOD 2017-01 PROPERTY INFORMATION ADDRESS Northeast Corner of Bethany Bend and Cogburn Road DISTRICT, LAND LOT 2/2, 832 EXISTING ZONING NUP (Neighborhood Unit Plan) (RZ13-16/VC13-06) ACRES 9.09 EXISTING USE Single family subdivision under development OWNER DJ TG Bethany LLC 350 Research Court, Suite 100 Norcross, GA 30092 APPLICANT Arrowhead Real Estate Partners, LLC – Curtis Hicks 350 Research Court, Suite 100 Norcross, GA 30092 REPRESENTATIVE Planners and Engineers Collaborative – Ken Wood PE 350 Research Court, Suite 200 Norcross, GA 30092 INTENT To modify conditions 3.n and 3.r. to revise the grading plan received by the Community Development Department on July 21, 2017. Page 2 of 7 Admin Mod 2017-01 - Prepared by the Community Development Department for the Mayor and City Council’s Consent Agenda on August 7, 2017 8/3/2017 LOCATION MAP Page 3 of 7 Admin Mod 2017-01 - Prepared by the Community Development Department for the Mayor and City Council’s Consent Agenda on August 7, 2017 8/3/2017 Revised Grading Plan submitted on July 21, 2017 Page 4 of 7 Admin Mod 2017-01 - Prepared by the Community Development Department for the Mayor and City Council’s Consent Agenda on August 7, 2017 8/3/2017 RZ13-16/VC13-06 – Grading Plan submitted on November 18, 2013 Page 5 of 7 Admin Mod 2017-01 - Prepared by the Community Development Department for the Mayor and City Council’s Consent Agenda on August 7, 2017 8/3/2017 History and Background The subject site was rezoned from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan) on December 16, 2013 by the City of Milton Mayor and City Council for a 27 lot single family subdivision. The approved conditions were agreed upon through the Highway 9 North Visioning study with a mediation process between the stakeholders of the community and Dr. Michael Elliot of the Southeast Negotiation Network. The proposed conditions were agreed upon at the September 19th technical meeting with the stakeholders, City Staff and Dr. Elliot. There were two paths that could take place to implement the proposed development plan. The first would be to wait for the Highway 9 North Study to be completed and then the subsequent Form Based Code created for the study area. This was estimated to take 6 to 9 months to complete. The alternative path was to have the property owner/developer submit a rezoning plan based on the agreed upon use and density. Thus, the site plan submitted to the Community Development Department on October 2, 2013 and subsequent to that a revised site plan was submitted on November 12, 2013. A grading plan was also submitted on November 18, 2013 to reflect the proposed development as requested by the stakeholders. This grading plan was included in the approved conditions of zoning as “condition 3.n. and 3.r.”. Current Request – Admin Mod 2017-01 The abovementioned grading plan listed in conditions 3.n. and 3.r. is what the applicant is requesting to be revised with a new grading plan submitted on July 21, 2017 to reflect the existing conditions of the site. Existing Conditions 3. To the owner’s agreement to the following site development considerations : n) Provide a 75 foot undisturbed natural buffer and 10 foot wide improvement setback along the north property line as depicted on the revised site plan submitted on November 12, 2013 except for the proposed stormwater facility and limited grading as shown on the grading plan received by the Community Development Department on November 18, 2013. In addition, where necessary provide additional plantings in the buffer as approved by the City Arborist. r) Grading shall be limited to areas shown on the grading pl an received by the Community Development Department on November 18, 2013. Graded areas shall be replanted as approved by the City Arborist. Page 6 of 7 Admin Mod 2017-01 - Prepared by the Community Development Department for the Mayor and City Council’s Consent Agenda on August 7, 2017 8/3/2017 Proposed Conditions 3. To the owner’s agreement to the following site development considerations : n) Provide a 75 foot undisturbed natural buffer and 10 foot wide improvement setback along the north property line as depicted on the revised site plan submitted on November 12, 2013 except for the proposed stormwater facility and limited grading as shown on the grading plan received by the Community Development Department on November 18, 2013 July 21, 2017. In addition, where necessary provide additional plantings in the buffer as approved by the City Arborist. r) Grading shall be limited to areas shown on the grading plan received by the Community Development Department on November 18, 2013 July 21, 2017. Graded areas shall be replanted as approved by the City Arborist. Analysis and Recommendation It is Staff’s opinion that the intent of the Stormwater Management code is to not discharge water onto adjacent properties in a manner which would be d etrimental to those properties. There was clear indication from the adjacent property owner to the north, adjacent to Cogburn Road that this was occurring. The way to resolve that issue was to redirect the water to the master stormwater pond located on the eastern end of the site which required a change of the grading plan including the stormwater pipe on the northwestern portion of the site which is located in the 10 foot wide improvement setback and the reconfiguration of the master stormwater pond in the eastern portion of the site. The amount of area proposed to be graded in the revised grading plan and the original grading plan was approximately the same. It is also Staff’s opinion that the plan is in substantial compliance with the conceptual site plan, Condition 2) a., approved by the Mayor and City Council for the subject site. The requested administrative modification to the grading plan does not involve a “significant public interest”. Therefore, Staff APPROVES ADMIN MOD 2017-01, CONDITIONS 3.n and 3.r. REVISED CONDITIONS 3. To the owner’s agreement to the following site development considerations : n) Provide a 75 foot undisturbed natural buffer and 10 foot wide improvement setback along the north property line as depicted on the revised site plan submitted on November 12, 2013 except for the proposed stormwater facility and limited grading as shown on the grading plan received by the Community Development Department on November 18, 2013 July 21, 2017. Page 7 of 7 Admin Mod 2017-01 - Prepared by the Community Development Department for the Mayor and City Council’s Consent Agenda on August 7, 2017 8/3/2017 In addition, where necessary provide additional plantings in the buffer as approved by the City Arborist. r) Grading shall be limited to areas shown on the grading plan received by the Community Development Department on November 18, 2013 July 21, 2017. Graded areas shall be replanted as approved by the City Arborist. ro M I LTO Nj,lr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: ugust 1, 2017 FROM: Steven Krokoff, City Manag AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Superior Fence of Georgia, LLC for the Fence Construction at Birmingham Falls Elementary and Cogburn Woods Elementary School. MEETING DATE: Monday, August 7, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,,yYES () NO CITY ATTORNEY REVIEW REQUIRED: (1YES () NO APPROVAL BY CITY ATTORNEY: ( (APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 00.14011 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge Date: Submitted on July 29, 2017 for the August 7, 2017 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Superior Fence of Georgia, LLC for the Fence Construction at Birmingham Falls Elementary School and Cogburn Woods Elementary School _____________________________________________________________________________________ Project Description: This contract contemplates the construction of a 100 foot long four board wooden fence, with a gate, at Birmingham Falls Elementary School and the construction of an 80 foot long chain link fence, with a gate, at Cogburn Woods Elementary School. Both projects are being performed as an investment in these schools in conjunction with the five year IGA agreements we are seeking with these schools and the Fulton County Board of Education. Procurement Summary: Purchasing method used: 3 Verbal Quotes ($1,000-$4,999) Account Number: 100-6110-522310001 Requisition Total: $4,645.00 Vendor DBA: Superior Fence of Georgia, LLC Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Superior Fence $4,645.00 Five Oaks Fence Declined to bid due to the inability to meet the time frame Mobile Joe Did not respond Financial Review: Bernadette Harvill, July 28, 2017 Legal Review: Sam VanVolkenburgh, July 28, 2017 Attachment(s): Construction Services Agreement, Superior Fence of Georgia, LLC CONSTRUCTIONAGREEMENT ELEMIENTARY SCHOOL This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 201, (the "Effective Date"), by and between the CITY OF TON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 2005 Heritage Walk, Milton, GA 30004 (hereinafter referred to as the "City"), and SUPERIOR FENCE OF GEORGIA, LLC, a Limited Liability Corporation, having its principal place of business at 13964 Cumming Highway, Cumming, GA 30040 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: The installation of chain link fence and a pedestrian gate at Cogburn Woods Elementary School and the installation of a wooden, four board horse fence and two six foot gates at Birmingham Falls Elementary School (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work_ Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within 30 business days of the start agate specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section S herein. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of P efflent: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $4,645.00 ("Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee, and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor. A. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor; City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. D. Contractor's Representative; Meetings. Robert Scappaticcio shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. 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. 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 and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right 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. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to 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, attorneys and volunteers (individually an "Indemnified Party" and collectively "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 fees and costs of defense ("Liabilities"), which may arise from or be the result of a willful, negligent, or tortious act or omission 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 negligent 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 party or person described in this provision. 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. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. I. Employment of Unauthorized Aliens Prohibited — E-Verfy Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "C" and "13" (affidavits to be swom under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its 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, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor 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 D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of 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. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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, 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, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Wirral Protect Documents: Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section g. Ntiscellaneouss A. Complete Agreement; Counterparts• Third Party Rights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law,• BusinessLicense• Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). C. Notices. All 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 calendar 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 Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. E. Agreement Construction and Interpretation: Invalidity of Provisions,• Severabilz Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. 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 Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 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 if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that .may for any reason be hereafter declared invalid. IN SS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. By: ? ri Its: G s President/Vice President (Corporation) General-hip/Limited Partnership) emb_e( �anage, (LLCM`,: Owner ePropn to orship/Individual) [CORPORATE SEAL] (required if corporation) Attest[Witness: By: Its: ((Assistant) Corporate Secretary if corporation) CITY OF MELTON,GEORG Signature: Joe Lockwood, Mayor [CITY SEAL] Attest: By: Its: City Clerk Approved as to form: City Attorney yJai*18,11111ii City of Milton — Birmingham Falls Elementary School 4 Board Fence Installation The general scope of work will consist of installation of approximately 100 feet of black 4 board wooden fence. including a twelve foot wide opening for two six foot gates directly in the middle of the fence and painting the fence black with the approved acrylic paint at Birmingham Falls Elementary School, 14865 Birmingham Highway, Milton, GA. Contractor is responsible for utility locates, property owner coordination, erosion and sediment control, and any damages to any property. Contractor will replace in kind all damages on impacted properties. City of Milton — Cod urn Woods Elementary School Chain Link Fence Installation The general scope of work will consist of installation of approximately 80 feet of black chain link fence at Cogburn Woods Elementary School, 13080 Cogbum Road, Milton, GA. There is a small section to the left of the existing pipe gate. There is a concrete filled steel bollard which must be removed and the space must be filled with chain link fence and a pedestrian gate. To the right of the gate will be solid chain link fence going to an existing post. Contractor is responsible for utility locates, property owner coordination, erosion and sediment control, and any damages to any property. Contractor will replace in kind all damages on impacted properties. 1.0 General Conditions a) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Kion: Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM. b) Contractor must notify the City of Milton (678) 242-2558, twenty-four (24) hours prior to beginning construction. c) Burial of materials is not permitted within the City of Milton. All tree debris within the work area shall be properly disposed of by the contractor. d) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor shall replace any damaged property at his own expense. Insurance requirements are included in the Insurance Exhibit. 2.0 Materials, Equipment and Employees a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) No changes shall be made in the Work except upon written approval and change order of the city. c) If at any time during the completion of the work covered by these contract documents, the conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. d) The contractor shall designate a foreman/superintendent who shall direct the work. 3.0 Utilities a) The contractor shall be required to coordinate and manage any and all utility locates within the scope of this project. 4.0 Performance a) The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). 5.0 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. 6.0 Codes, Permits and Inspections a) The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising there from. a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner. 8.0 Schedule a) Project may start ASAP and must be completed in a satisfactory manner, as deemed by MDP&R, by Friday, September 22, 2017, with final inspection scheduled within 5 days from the date of completion. 1 a) Contractor is advised that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Further, it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. i**4 1:!l:1Yc [INSERT INSURANCE CERTIFICATE MEETING STANDARD (OR OTHERWISE APPROVED) REQUIREMENTS OF THE CITY OF MILTON, GEORGIA] ACORtIr CERTIFICATE OF LIABILITY INSURANCE `../� DATE(MMfDD/YYYY) F7/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 Sandra Miller NAME: STARR-MATHEWS AGENCY PHONE (770)386-0466 FAX (770)386-3164 (ALQ No!UC No): P. O. Box 1990 EMAIL smiller@starrmathews.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURERA:Southern Ins Co of VA 26867 Cartersville GA 30120 INSURED INSURERBFFVA Mutual Insurance Co 10385 iNSURERC: Superior Fence of Georgia, LLC. 13964 Cumming Hwy INSURER D: INSURER E : X Cumming GA 30040 INSURERF: COVERAGES CERTIFICATE NUMBER:2017-18 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. INSRTypf LTR OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MWDD LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE FZ OCCUR EACH OCCURRENCE $ 1,000,000 DPRAMAGETORENTED 500,000 MI E a occurrence) $ MED EXP (Any one person) $ 10,000 X CPS8847596 3/4/2017 3/4/2018 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY 1:1 JEM LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG S 2,000,000 S OTHER: AUTOMOBILE LIABILITYEaa eDtSINGLE LIMIT $ 11000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OS SCHEDULED AUTOS AUTOS X CAS8847596 3/4/2017 3/4/2018 BODILY INJURY Per accident $ ( ) X NON -OWNED HIRED AUTOS FXAUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS -MADE CXS8947596 3/4/2017 3/4/2018 AGGREGATE $ 1,000,000 DED I X I RETENTION $ 0 $ X B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under N / A WC840-0025610-2017A 2/2/2017 2/2/2018 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Birmingham Falls Elementary � I #F-1�r I" r IwL-LJcr% %,AIV%,rLL.A I IUIV jim.cregge@cityofmiltonga. City of Milton 2006 Heritage Walk Milton, GA 30004 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 e Ballard/SAM ` "' " 19. C-6 "_4 �— U 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (9014011 ACOR©® CERTIFICATE OF LIABILITY INSURANCE #% " FDATE(MWDD/YYYY) 7/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER STARR-MATHEWS AGENCY P. O. Box 1990 Cartersville GA 30120 CONTACT Sandra Miller NAME: PHONE (770)386-0466 1 Fax A/C No: (770)386-3164 E-MAIL ADDRESS: smiller@starrmathews.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Southern Ins Co of VA 26867 INSURED Superior Fence of Georgia, LLC. 13964 Cumming Hwy Cumming GA 30040 INSURERB:FFVA Mutual Insurance Co 10385 INSURERC: INSURERD: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:2017-18 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MWDD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X�OCCUR EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 500,000 PREMI S (, a occurrence $ MED EXP (Any one person) $ 10,000 X CPS8847596 3/4/2017 3/4/2018 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X PRO - POLICY JECT D LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG 5 2,000,000 $ OTHER: AUTOMOBILE LIABILITY EOMaBIINdEDtSINGLE LIMIT g 1,000,000 A X ANY AUTO ALL OS SCHEDULED AUTOS AUTOS X CAS8847596 3/4/2017 3/4/2018 BODILY INJURY (Per person) $ BODILY S ) X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE Per accident $ $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE 5 1,000,000 AGGREGATE $ 11000,000 A EXCESS UAB CLAIMS -MADE CXS8847596 3/4/2017 3/4/2018 DED I X I RETENTION 5 0 S X I B WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORMARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? y❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC840-0025610-2017A 2/2/2017 2/2/2018 OTH- X STATUTE ER E.L. EACH ACCIDENT S 1, 000 , 000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT I $ 1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Cogburn Woods Elementary. jim.cregge@cityofmiltonga. City of Milton 2006 Heritage Walk Milton, GA 30004 ACORD 25 (2014/01) INS025 r7mann 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 Melanie Ballard/SAM ' " 19- mss' 1.81_ ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORnr CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 7/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sandra Miller NAME: STARR-MATHEWS AGENCY PHONE (770)386-0466 FAX o :(770)386-3164 AIC N E-MAIL ADDRESS: smiller@starrmathews.com P. O. Box 1990 INSURER(S) AFFORDING COVERAGE NAIC # Cartersville GA 30120 INSURERA:Southern Ins Co of VA 26867 INSURED INSURERBFFVA Mutual Insurance Co 10385 INSURER C: Superior Fence of Georgia, LLC. 13964 Cumming Hwy INSURER D: INSURER E: X Cumming GA 30040 INSURER F: CUVEKAGtS CERTIFICATE Nl1MRFR2017-18 RFVISIr1N NI lunr-o- 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. INSR LTR I TYpE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MWDD POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FOOCCUR EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 500,000 .PREMISES Ea occurrence $ MED EXP (Any one person) S 10,000 X CPS8847596 3/4/2017 3/4/2018 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ JECTPRO ❑ LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY EOMaBIINdED ent)SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) S A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X CAS8847596 3/4/2017 3/4/2018 BODILY INJURY (Per accident) $ X NON -OWNED HIRED AUTOSX AUTOS PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 11000,000 AGGREGATE $ 1,000,000 A EXCESS LIAS CLAIMS -MADE CXS8847596 3/4/2017 3/4/2018 DED I X I RETENTION $ 0 $ X I B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y❑ (Mandatory in NH) If yes, describe under A NIA WC840-0025610-2017A 2/2/2017 2/2/2018 X PER OTH- STATUTE I JER E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYE S 1,000,000 E.L. DISEASE - POLICY LIMIT 1 $ 11000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Birmingham Falls Elementary CERTIFICATE HOLDER CANr'FI I eTInN jim.cregge@cityofmiltonga. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Fulton County Board of Education THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 6201 Powers Ferry Road, NW ACCORDANCE WITH THE POLICY PROVISIONS. Atlanta, GA 30339 AUTHORIZED REPRESENTATIVE Melanie Ballard/SAMA`"'-"'"�— ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS029 (901A01) ACOROO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDrCM) 7/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER STARR-14ATHEWS AGENCYPHONE P. 0. BOX 1990 Cartersville GA 30120 CONTACT Sandra Miller NAME: (770) 386-0466 FAX No: (770)366-3164 DRESS:smiller@starrmathews.com AEbmDAR'6s:smiller@starrmathews.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Southern Ins Co of VA 26867 INSURED Superior Fence of Georgia, LLC. 13964 Cumming Hwy Cumming GA 30040 INSURERB:FFVA Mutual Insurance Co 10385 INSURERC: INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:2017 -18 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. INSR I LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MWDD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR EACH OCCURRENCE S 1,000,000 DAM AGE TO RENTED 500,000 P EMISES Ea occurrence $ _ MED EXP (Any one person) $ 10,000 X CPS8847596 3/4/2017 3/4/2018 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: X POLICY JECTPRO- 7 LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COaBINED SINGLE LIMIT $ 11000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OS SCHEDULED AUTOS AUTOS X CAS8847596 3/4/2017 3/4/2018 BODILY INJURY Per accident S ( ) X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE Per accident S $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 11000,000 AGGREGATE $ 1,000,000 A EXCESS LIAB CLAIMS -MADE CXS8847596 3/4/2017 3/4/2018 DED I X I RETENTION $ 0 $ X B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EX—TN— OFFICER/MEMBER EXCLUDED? yI (Mandatory in NH) If yes, describe under N / A WC840-0025610-2017A 2/2/2017 2/2/2018 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE S 1,000,000 E.L. DISEASE - POLICY LIMIT 1 $ 11000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Cogburn Woods Elementary. s -r -m 1 IrK,H I a riVLUCI[ t,ANLaLL.A 1 JUN jim.cregge@cityofmiltonga. Fulton County Board of Education 6201 Powers Ferry Road, NW Atlanta, GA 30339 ACORD 25 (2014101) INS025 r-miann 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 lanie Ballard/SAM a. "�— ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ".14 [KIM -M 1 •> !MIXTIV18"MMMO under 13-10-91(b)(1) STATE OF a COUN'T'Y OF 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, Georgia, 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 herebv attests that its federal work authorization user identification number and date of authorization are as follows: 0 � p r) U C1 �Q C) � i 1 I hereby declare under penalty of perjury that the foregoing is Federal Work Authorization User Identification true and correct. Number Date of Authorization SUPERIOR FENCE OF GEORGIA, LLC Name of Contractor . l Qs li 1 SCHOOL 1:i : i ' N WO # i ELEMENTARYSCHOOL Name of Project City of Milton, Georiia Name of Public Employer Executed on a - , 20ja in�,�_ (city), (state). Sigatureuthod Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON HIS TBE. -� I DAY OF NOTARY PUBLIC ��g6gd099®gr8® ���!Osl Y . 4 44' jNOT J My Commission Eay + : 17-2019' �kEE C� ®®®® °8aaaa9�s® f' ,t; + 1 - rd• r STATE OF COUNTY OF v .a 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 SUPERIOR FENCE OF GEORGIA, LLC on behalf of the City of Milton, Georgia, 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: An- D 6- C) (_ ti 0 �_D � I hereby declare under penalty of perjury that the foregoing is Federal Work Authorization User Identification true and correct. Number Date of Authorization Name of Contractor FEME CONSTRUCTION Name of Project City of Milton, Georg Name of Public Employer Executed on 9 -1 , 20)1 in (city), � �;�:: (state).— �(: � 2 Officer or Agent Si o ature utho ' .12 I CED Printed dame and Title of Authorized Officer or Aizent SUBSCRIBED AND SWORN BEFORE ME Ol ,Fus THF -1 Dya OF , ,) Lk (c,t , 20 )) . n.0L� M db'_1°�.STY NOTARY PUBLIC$ ,_,1r - "* o'J'10 .1, 'A� ® O�t [NO � GFk zo sA m M Commission Ex ' ° t :! •t� :'' �® ,e l�17 , ao J i MLTON"I I ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 3, 2017 FROM: Steven Krokoff, City Manager (� AGENDA ITEM: Proclamation Recognizing Kathy Johnson's Service to the City of Milton. MEETING DATE: Monday, August 7, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (--'NO CITY ATTORNEY REVIEW REQUIRED: () YES Q -NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: CE 107 ),701-1 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Recognizing Kathleen Johnson for Her Service to Milton WHEREAS, Kathleen Johnson has been active in the environmental and conservation arenas for more than 20 years; and WHEREAS, Kathleen has lived in Milton for nine years and has been involved in local conservation and environmental issues as a volunteer; and WHEREAS, she worked extensively as a member of Milton Grows Green; and WHEREAS, she gave unselfishly of her time and talents with Milton’s young people both through MGG outreach and as a parent volunteer at our area schools, ensuring a new generation of responsible land stewards; and WHEREAS, Kathleen joined the Milton staff on February 1, 2016 as Conservation Project Manager; and WHEREAS, she played a pivotal role in the city's greenspace bond process, Milton’s first major effort to save our precious remaining undeveloped land; and WHEREAS, she worked directly with Milton’s citizens to take their words and greenspace needs and turn them into the bond language and criteria that will guide the city in deciding which land will be acquired with the bond proceeds; and WHEREAS, her efforts will lead to the preservation of land in our community that will be used and enjoyed by present and future citizens in perpetuity as parks, trails, and natural areas. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and thank Kathleen Johnson for her dedicated service to the City and to its citizens. Given under our hand and seal of the City of Milton, Georgia on this 7th day of August, 2017. ________________________________ Mayor Joe Lockwood M I LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: A ust 1, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 20 of the City Code - Noise Control. MEETING DATE: Monday, August 7, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (yiES () NO CITY ATTORNEY REVIEW REQUIRED: (4 --'ES () NO APPROVAL BY CITY ATTORNEY: (, ,KPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: v b 1 (31) ?-0o 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: August 3, 2017 prepared for the August 7, 2017 City Council Meeting. (First Presentation – July 10, 2017, Work Session – July 17, 2017) Re: Text Amendment – Chapter 20 of the City Code – Noise ____________________________________________________________________________ Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The existing Noise Control ordinance is very difficult to administer and enforce based on the required maximum noise levels [db(A)] for specific times during the day and the change in amount of noise allowed. In addition, the existing ordinance does not address specifically amplified sound, sounds produced by animals or moving vehicles. This proposed ordinance will replace the existing ordinance in its entirety. The basis of this proposed ordinance was from Charlotte-Mecklenburg Police Department where Chief Austin previously served and successfully administered and enforced the ordinance. Staff has provided drafts of the ordinance to various departments within the City including the Police Department, Code Enforcement and the Communications Department for their feedback. The City Attorney’s office has also worked closely with Staff on the proposed draft. Staff held a Community Zoning Information Meeting in May where only City Staff was present. The proposed ordinance was presented at the June 28, 2017 Planning Commission Meeting and it was recommended approval by a vote of 6 -0. There were no members of the public present at the meeting. The draft provided to you is new in its entirety with the red-lines indicating the City Attorney’s and the Planning Commission’s recommended changes resulting from their June 28th meeting. Staff has also provided the existing Noise Ordinance for your reference. Below is a chart comparing the two ordinances and their differences. Comparison of Existing Noise Ordinance and Proposed Noise Ordinance Issue Existing Ordinance Proposed Ordinance General Noise Sec. 20-660 – Not permitted based on Complicated source and receiving of sound Sec. 20-657 – Prohibited when creating “loud and unreasonable noise” with no minimum sound. Includes a definition. Sounds impacting residential life Sec. 20-680, 20-681- Minimum dBA for residential and then modifications with complicated change in noise level and duration. Sec. 20-659 – Any noise that negatively impacts residential life categorized by various uses with specific times not permitted. General exemptions Sec. 20-701 – Government mandated work, noise from aircraft, watercraft, railroads, official city sponsored events for general public without charge, natural phenomena and unamplified human voices. Sec. 20-659 (c) – Emergency operations, work by city in the right-of-way if required between 9 p.m. and 7 a.m., government, public and private school activities such as sporting events and associated activities. Sounds exempt during daytime hours Sec. 20-702 – Between 7:30 am and 10:00 pm., including construction sites and commercial lawn maintenance. Sec. 20-659 and 20-660 Exemptions for both sound and amplified sound prohibited during certain days and times based on type of user. Amplified Sound Does not directly address amplified sound. Sec. 20-660 – Breaks down various types of amplified sound in all zoning districts and types of users with prohibited days and times. Permits for additional amplification for residential or commercial use Does not provide for this type of permit. Sec. 20-661 Outdoor amplification and music at commercial establishments and residentially used properties. Does not directly address this type of noise. Sec. 20-661.1 and 20-661.2 Chronic Commercial Noise Does not directly address this issue. Sec. 20-661.3 Animals Does not directly address this issue but presumed could be enforced under Sec. 20-723. Sec. 20-662 (a) Noise from animals that make noise for more than 15 minutes. (b) Addresses creating noise or sounds that would knowingly cause animals significant distress such as shooting of fire arms, combustible or explosive composition Motor Vehicles Does not directly address this issue but presumed could be enforced under Sec. 20-723 Sec. 20-663 Specific noises from motor vehicles not permitted. Consumer Fireworks Does not address this issue. Sec. 20-664 No use between the hours of 9:01 PM and 9:59 AM except on July 3 and July 4 until 11:59 PM and on December 31 until midnight into January 1 ending at 1:00 AM Penalty Sec. 20-558 – Same penalties – Sec. 1-5 Sec. 20-665 – Same penalties – Sec. 1-5 Variance/Appeals Sec. 20-722 – Administratively granted by Community Development Director Sec. 20-666 - Administratively granted by Community Development Director Results of the March 22, 2017 Planning Commission Meeting The Planning Commission recommended approval as proposed by Staff, unanimously, 6-0. Funding and Fiscal Impact: There will be no impact if this text amendment is approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (June, July 2017) Attachment(s): Proposed Amended Noise Ordinance, Ordinance Cover Page and existing Noise Ordinance. Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton Mayor and City Council Meeting on August 7, 2017. (Comments in red are changes since the Council Work Session.) August 3, 2017 Page 1 ARTICLE VII. – NOISE CONTROL Sec. 20-656. – Definitions. (a) Scope. Words not defined herein shall be construed to have the meaning given by Merriam- Webster's Collegiate Dictionary, eleventh edition. (b) Use and interpretation. The following shall apply to the use of all words in this ordinance: (1) Words used in the present tense shall include the future tense. (2) Words used in the singular shall include the plural and vice versa. (3) The word "shall" is mandatory. (4) The word "may" is permissive. (c) Terms. Acoustic music means music produced by a musical instrument whose sound is not electronically modified. Amplified sound means sound that is increased in the strength. Commercial establishment means a business located on property as defined in Commercial property. Commercial property means property that is zoned and or developed with nonresidential uses in T -6, T-5, T-4, T-4 Open, T-4 Permissive, C-1, C-2, O-I, MIX, and M-1 zoning districts. It also includes uses permitted with a Use Permit in other zoning districts listed in Sec. 64 -1121, “Allowed Use Chart” that are in the following categories: Commercial, Agricultural, and Institutional Type Uses. Commercial user means a business that is not an individual property owner or renter that receives compensation for providing products or services. Construction machinery means machines or tools powered by electricity, fuel, or by hand that is used to construct buildings, roads, walls, and other accessory structures. Consumer Fireworks means any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation as provide d for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles. Garage machinery means machines or tools powered by electricity, fuel, or by hand that is used in maintaining or building various types of automotive items such as engines of all types, car or truck chassis, Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton Mayor and City Council Meeting on August 7, 2017. (Comments in red are changes since the Council Work Session.) August 3, 2017 Page 2 Lawn maintenance machinery means machines or tools powered by electricity, fuel, or by hand that are used to mow, trim, fertilize, seed, till, or other associated actions to maintain lawns, golf courses and other types of landscapes. Loud and unreasonable noise means any sound or noise, including, but not limited to, music or speech, which is so loud in volume level and of such duration or character as to disturb the comfort, health, peace, safety, quiet enjoyment or repose of one or more persons of ordinary sen sibilities. Mechanical noise means noise produced by lawn maintenance or garage machinery. Mobile amplification means sound produced that is increased in the strength or amount which is typically electronic, but not solely, and moves such as car stereos. Outdoor amplification means sound which is typically electronic but not solely, such as a bull horn and but the source is amplified sound located outside the confines of a building or structure. Residentially used property means property that is zoned and or developed with residential uses in T-6, T-5, T-4, T-4 Open, T-4 Permissive, MIX, AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, TR, A, A-L, NUP, and CUP. Sound amplification means sound that is artificially increased in strength, irrespective of the means. Sound amplification equipment means equipment that artificially increases the strength or amount of sound - typically electronic but not necessarily so Waste haulers means companies granted non-exclusive contracts to remove residential and commercial refuse and waste which includes items to be recycled. Sec. 20-657. - Loud, disturbing noises prohibited generally. It shall be unlawful for any person to create or assist in creating any loud and unreasonablel y loud and disturbing noise in the city. Sec. 20-658. - Measurement. For the purpose of determining db(A)s as referred to in this article, the noise shall be measured on the A-weighting scale on a sound level meter of standard design and quality having characterist ics established by the American National Standards Institute. Sec. 20-659. - Sounds impacting residential life. (a) It shall be unlawful to carry on the following activities in any residentially zoned area of the city or within 300 feet of any residentially occupied structure in any zone of the city: Formatted: Font: Italic Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton Mayor and City Council Meeting on August 7, 2017. (Comments in red are changes since the Council Work Session.) August 3, 2017 Page 3 SOUNDS IMPACTING RESIDENTIAL LIFE Operation of construction machinery by commercial users Operation of construction machinery by individuals on their residential property Operation of lawn Maintenance machinery by commercial users Operation of lawn maintenance machinery by individuals on their residential property Operation of garage machinery Operation of waste haulers Monday through Friday 7:30 p.m.Sunset to 7:30 a.m. Applies Applies Applies Applies Applies Monday through Friday Sunset to 7:30 a.m. Applies Applies Monday through Sunday 7:30 p.m. to 7:30 a.m. Applies Saturday 6:00 p.m. Sunset to 9:00 a.m. Applies Applies Applies Applies Applies Saturdays, Sundays and Federal Holidays 6:00 p.m.Sunset to 9:00 a.m. Applies Applies Sundays and Federal Holidays Applies Applies Applies (b) Any mechanical noise other than that regulated in subsection (a) which registers more than 70 db (A) at the nearest complainant's property line is a violation. (c) This section shall not apply to: (1) Emergency operations designed to protect the public health and safety; or (2) Work by city crews or city contractors in a right -of-way or utility easement when the department responsible for the work has determined that it is necessary to undertake the work . (3) Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to, school athletic and school entertainment events up to 12:00 midnight. Sec. 20-660- Amplified sound produced within all zoning districts. (a) It shall be unlawful to operate or allow operation of any sound amplification to create sounds: Formatted: Font: 10 pt, Bold, Underline Formatted Table Formatted: Font: Bold Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton Mayor and City Council Meeting on August 7, 2017. (Comments in red are changes since the Council Work Session.) August 3, 2017 Page 4 AMPLIFIED SOUND PRODUCED WITHIN ALL ZONING DISTRICTS Registering 55 db(A)* or higher Registering 50 db(A)* or higher Registering 55 db(A) or higher for multifamily uses or other residential arrangements where boundary lines cannot be readily determined** Registering 50 db(A) or higher for multifamily uses or other residential arrangements where boundary lines cannot be readily determined** In the public right-of- way, including streets or sidewalks , or in city parks without having actual on-site possession of a permit issued by the City Milton Police registering more than 75 db(A) ten feet or more from any electromechanical speaker*** The use of mobile amplification registering more than 60 db(A) ten feet or more from the equipment. Sunday through Thursday Between 8:00 a.m. and 9:00 p.m. Applies Applies Applies Friday or Saturday 8:00 a.m. to 11:00 p.m.. Applies Applies Applies Any other time Applies Applies Applies * As measured anywhere within the boundary line of the nearest residentially occupied property. ** As measured from any point within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially occupied property. ***Sound amplification equipment operated may not be located more than ten feet off the ground. In addition to the person operating or allowing the operation of sound amplification equipment in violation of this subsection, the person to whom the permit was issued must be present at the location and during the times permitted and shall be liable for any and all violations. (b) The use of mobile amplification equipment (e.g., a car radio, unless the vehicle is parked) shall be exempt from the permitting requirement of this subsection except as reflected in 20 -660 (a). (c) The limitations on the operation of sound amplification equipment in 20-660 (a) shall not apply to the operation of horns, sirens, or other emergency warning devices actually being used in emergency circumstances, or public assembly permit, or to the operation of sound am plification equipment regulated pursuant to Section 20-661.1 or in accordance with a permit issued pursuant to Section 20 - 661. (1) An application for a permit shall be: (i) Submitted to the City of Milton Police Department at least one full business day b ut no more than seven calendar days before the permit time requested; and (ii) Specify the proposed location of the sound amplification equipment and the date and time that the sound amplification will begin and end. Permits shall be issued on a first com e, first served basis. A permit shall not be issued for a location that is within 100 feet of another location for which a permit has been issued for the same time or in or within 100 feet of the Formatted: Font: 10 pt, Bold, Underline Formatted: Font: Bold Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton Mayor and City Council Meeting on August 7, 2017. (Comments in red are changes since the Council Work Session.) August 3, 2017 Page 5 area permitted for a public assembly unless issued to the ho lder of the public assembly permit. Sec. 20-661. - Permits for additional amplification for residential or commercial uses. (a) Application. An application for a permit for additional amplification on private property under this section shall be submitted to the City of Milton Police Department at least ten business days in advance of the planned use. The application shall designate and provid e contact information for an individual person who shall be in control of the sound amplification equipment and ensure that its use complies with the terms of the permit. Activities regulated under subsection 20-660 (a)(3) and Section 20-661.1 shall not be eligible for an additional amplification permit under this section. (b) Notice of tentative approval. Upon tentative approval, the applicant for a permit shall be responsible for giving written notice of the name, nature, date, and time period of the eve nt, and the name of and contact information for the permit holder to the occupants of each property within 1,000 feet of the property for which the permit has been granted. The notice shall be hand delivered to each occupant or, if the occupant is unavailable, affixed to the front door of the building or business or residential unit at least 72 hours in advance of the event. The permit shall not be actually granted and issued until the applicant submits an affidavit to the City of Milton Police Department that such notices have actually been so delivered. (c) Limits on hours. Permits for additional amplification at a property, or adjacent properties under common ownership, shall be limited to 15 hours in a calendar year. Permits issued pursuant to this section may allow additional amplification only between 8:00 a.m. and 9:00 p.m. Sunday through Thursday and between 8:00 a.m. and 11:00 p.m. on Friday or Saturday. (d) Sound limits. In no event shall a permit be granted which allows the creation of sounds registering more than 70 db(A) anywhere within the boundary line of the residentially occupied property. (e) Denial; issuance of exceptional permit. If an applicant has been denied a permit under this section and believes the denial is illegal by virtue of applicable state or federal law, he shall promptly submit a copy of the denied permit application together with a short statement of the reasons he believes he is entitled to a permit to the city manager or his designee. The city manager or his designee shall have the discretion to grant an exceptional permit waiving locational, time, and/or db(A) requirements, upon his determination that the applicant has made a substantial showi ng of legal entitlement. Any such exceptional permit shall be submitted within seven calendar days to the City of Milton Police Department. (f) [Violation.] It shall be unlawful to violate the restrictions or requirements of this section or the terms of a permit issued pursuant to this section. Sec. 20.661.1. - Outdoor amplification and music at commercial establishments. (a) It shall be unlawful for any commercial establishment (including but not limited to a restaurant, bar, or nightclub) to operate or allow the operation of sound amplification equipment out of doors or directed out of doors or to allow live acoustic music out of doors or directed out of doors other than during the times listed below or so as to create sounds registering in excess of: (1) 85 db(A) Sunday through Thursday between 8:00 a.m. and 9:00 p.m.; (2) 60 db(A) Sunday through Thursday between 9:00 p.m. and 2:00 a.m. the following day; (3) 85 db(A) Friday or Saturday between 8:00 a.m. and 11:00 p.m.; or (4) 60 db(A) between 11:00 p.m. and 2:00 a.m. the following day. Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton Mayor and City Council Meeting on August 7, 2017. (Comments in red are changes since the Council Work Session.) August 3, 2017 Page 6 For purposes of this section, hotels, motels, other short -term accommodations shall be considered residentially occupied property. (b) The decibel limits prescribed in this section shall be measured at the property line of the commercial property at which the sound is being generated. (c) An establishment that has been determined to be non -cooperative pursuant to subsection 20-661.3 (e) shall be subject to enhanced civil penalties pursuant to subsection 20-663 and, after two violations of this section within one year after having been determined to be non -cooperative, shall not operate or allow the operation of sound amplification equipment out of doors or directed out of doors or allow live acoustic music out of doors or directed out of doors for a period of 18 months after the second violation. The 18-month prohibition shall apply to the establishment and the property on which the establishment is located. Sec. 20.661.2. - Outdoor amplification and music at residentially used properties. (a) It shall be unlawful for any residentially-used property to operate or allow the operation of sound amplification equipment out of doors or directed out of doors or to allow live acoustic music out of doors or directed out of doors other than during the times listed below or so as to create sounds registering in excess of: (1) 75 db(A) Sunday through Thursday between 8:00 a.m. and 9:00 p.m.; (2) 50 db(A) Sunday through Thursday between 9:00 p.m. and 2:00 a.m. the following day; (3) 75 db(A) Friday or Saturday between 8:00 a.m. and 11:00 p.m.; or (4) 50 db(A) between 11:00 p.m. and 2:00 a.m. the following day. For purposes of this section, hotels, motels, other short-term accommodations shall be considered residentially occupied property. (b) The decibel limits prescribed in this section shall be measured at the property line of the residentially used property at which the sound is being generated. (c) An owner or occupant that has been determined to be non-cooperative pursuant to subsection 20-661.3 shall be subject to enhanced civil penalties pursuant to subsection 20-663 and, after two violations of this section within one year after having been determined to be non- cooperative shall not operate or allow the operation of sound amplification equipment out of doors or directed out of doors or allow live acoustic music out of doors or directed out of doors for a period of 18 months after the second violation. The 18-month prohibition shall apply to the establishment and the property on which the establishment is located. Sec. 20.661.3. - Chronic commercial noise. (a) The purpose of this section is to establis h a collaborative process through which the city and a business that has been identified as a chronic source of objectionable noise (i.e., "chronic noise producer") will develop and implement a noise mitigation plan intended to bring the noise to acceptabl e levels. A chronic noise producer is an establishment that, because of the sound generated by or at the business, is an annoyance to adjacent or nearby residences, lodgings, schools, businesses, or other places where people may congregate with a reasonabl e expectation of undisturbed activity. (b) The chief of police (or designee ) shall determine a commercial business as a "chronic noise producer as described in Sec. 20-661.1 (a) above. In making such a designation, the chief of police shall take into consideration the following factors: Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton Mayor and City Council Meeting on August 7, 2017. (Comments in red are changes since the Council Work Session.) August 3, 2017 Page 7 (1) The number and frequency of valid noise complaints; (2) The proximity and physical relationship between the business and complaining locations; (3) The severity of sound events, both observed or measured; (4) The times and days of the week of sound events; (5) The business' history of cooperation and efforts to alleviate the problem; and (6) The history and context of the location, including whether the sound producing activity predates the occupation of the complaining locations and whether the sound producing location is located in what is generally recognized as an entertainment area. Upon designation, the chief of police shall inform the business that it has been designated a chronic noise producer and refer the business to the City of Milton Mayor and City Council along with the information that established the basis for the designation. (c) Upon receiving a chronic noise producer referral, the City of Milton Mayor and City Council shall schedule a mandatory initial meeting based on its next regularly scheduled meeting with the business that it has been designated a chronic noise producer. At the initial meeting, the City of Milton Mayor and City Council and the business shall review the information that for med the basis for the designation and any evidence or information concerning the complained of noise provided by the business. Following the initial meeting, the City of Milton Mayor and City Council shall determine whether a mitigation plan is warranted. If the City of Milton Mayor and City Council determines that a mitigation plan is not warranted, it shall notify the business and the City of Milton Police Department of that determination and no further action shall be taken under this section. (d) If the City of Milton Mayor and City Council determines that a mitigation plan is warranted, the City of Milton Mayor and City Council and the business shall together develop and sign a noise mitigation plan. The plan may include, among other things: (1) Restrictions on days of week or hours of noise producing activity; (2) Placement, orientation, and operation of sound producing activity or equipment; (3) Structural changes including but not limited to sound attenuation and baffling; (4) Self-monitoring and reporting requirements; (5) A schedule for implementation; and (6) A schedule for review for possible revision or termination of the plan. (e) In the event that a business designated as a chronic noise producer: (i) fails or refuses to pa rticipate in good faith in the development of a noise mitigation plan; (ii) refuses to agree to a noise mitigation plan; or (iii) fails to implement or comply with an agreed to noise mitigation plan, the City of Milton Mayor and City Council may designate the business as non-cooperative and shall notify the business and City of Milton Police Department of that determination. Should a business designated as non - cooperative cure the basis for the designation, the City of Milton Mayor and City Council shall remove the designation and notify the business and City of Milton Police Department of that determination. (f) In the event that a noise enforcement action is taken against a business that has been designated a chronic noise producer, evidence regarding the business' participation in the development and implementation of and compliance with the noise mitigation plan shall be relevant to any prosecution or administrative or judicial review or appeal of the enforcement action. Specifically, the business' participation and compliance shall be a mitigating factor and may, but is not required to be a justification for dismissing the enforcement action. A business that has been designated by the City of Milton Mayor and City Council as non-cooperative shall not be entitled to the benefits of this subsection unless the designation has been removed. Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton Mayor and City Council Meeting on August 7, 2017. (Comments in red are changes since the Council Work Session.) August 3, 2017 Page 8 (g) Appeals. A business that has been designated a chronic noise producer or non -cooperative may appeal such designation within ten days after receiving notice of such de signation. Appeals shall be heard by the city manager or the city manager's designee who shall not be an employee of the City of Milton Police Department or member of the City of Milton Mayor and City Council. The appellant shall have the right to present evidence at said hearing. A ruling on appeal is subject to review in the superior court of Fulton County by proceedings in the nature of certiorari. Any petition for writ of certiorari for review shall be filed with the clerk of superior court within 30 da ys after notice of the decision has been sent to the appellant. Sec. 20-662. - Animals. (a) It shall be unlawful for any person to own, keep or have in his possession, or harbor, any animal which howls, yelps, barks or produces other similar noises uninterruptedly or almost uninterruptedly for more than fifteen minutes in duration. (b) No person shall act in such a manner as to create noise or sounds that would knowingly cause animals significant distress. Such noise or sounds shall include, but n ot be limited to, shooting of firearms; use of any combustible or explosive composition, substance or combination of substances; racing of engines and blasting music. Sec. 20.663. - Motor vehicles. It shall be unlawful to operate or allow the operation of any motor vehicle in the city: (a) Which has had its muffler-exhaust and/or other noise-control equipment removed, altered or maintained in such disrepair as to create unreasonably loud and disturb ing noises. (b) By engaging in jackrabbit starts, spinning tires, racing engines, or other operations which create unreasonably loud and disturbing noises. (c) Off the boundaries of a public street for racing or other operations which create unreasonably loud and disturbing noises. Sec. 20-664 – Consumer Fireworks There shall be no consumer fireworks use between the hours of 9:01 PM and 9:59 AM except on July 3 and July 4 until 11:59 p.m and on December 31 until midnight and into January 1 ending at 1:00 a.m. Sec. 20-665 - Penalty. Any person found guilty of violating any provision of this article shall be punished in a manner consistent with the general penalty set forth in Section 1 -5. A violation of a continuing nature, each day during which it occurs, shall constitute an additional, separate and distinct offense. Sec. 20-666 – Variances (a) Variances to any numerical requirements of this article may be granted by the Director of Community Development to any person, upon application, f if findings are made by the Director that the immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source or because of the non-availability of feasible technology or control methods. (b) Any such variance or renewal thereof shall be granted by the Director of Community Development only for the minimum time period found to be necessary under the facts and circumstances. The Director Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton Mayor and City Council Meeting on August 7, 2017. (Comments in red are changes since the Council Work Session.) August 3, 2017 Page 9 of Community Development shall provide in writing the reason for the variance, the starting and ending time of the variance or other pertinent information as to enforce the approved variance. Sec. 20-667 – Mediation In situations where there are ongoing unresolved noise issues between two parties, mediation may be initiated with Fulton County Alternative Dispute Resolution of Fulton County Superior Court without the city being required as part of the medi ation. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 20 OF THE CITY CODE – NOISE CONTROL BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on August 7, 2017 at 6:00 p.m. as follows: SECTION 1. That the amendment of Article VII, Chapter 20 – Noise Control replaces the existing Article VII, Chapter 20 in its entirety and 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 August, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: AGENDA ITEM: MEETING DATE: MILTON)r . ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: August 1, 2017 Steven Krokoff, City Manager Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. Monday, August 7, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,)APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY: (�XPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oC6101I70�7 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sudie AM Gordon, City Clerk Date: Submitted on June 6, 2017 for the June 19, 2017 Regular City Council Meeting (First Presentation) and August 7, 2017 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election _____________________________________________________________________________________ Project Description: On November 7, 2017, an election will be held in the City of Milton to elect the Mayor and City Councilmembers for District 1/Post 1, District 2/Post 1 and District 3/Post 1. O.C.G.A. §21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the contract is attached to the ordinance and incorporated herein. Procurement Summary: Purchasing method used: Sole Source (Include Sole Source Documentation) Account Number: 100-0000-1138099 Requisition Total: $ 145,440.90 Vendor: Fulton County Finance Director (Remit Payment to) Page 1 of 2 Page 2 of 2 Financial Review: Bernadette Harvill – June 7, 2017 & August 3, 2017 The General Election fee of $78,458.60 and General Election Runoff fee of $66,982.30 (if needed) will be included in the FY2018 budget. This fee will be paid to Fulton County in advance of the election and maintained by Fulton County in a separate election account. Within 90 days after the election or run- off election, Fulton County will furnish a refund of any excess fees or invoice the City if the fee is insufficient to cover the City’s pro-rata share of the costs of the election. Legal Review: Sam VanVolkenburgh -- Jarrard and Davis, (June 13, 2017 & August 3, 2017) Attachment(s): Ordinance of the City Council to Authorize Fulton County to Conduct Election Intergovernmental Agreement for the Provision of Election Services between Fulton County, Georgia and the City of Milton, Georgia Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on August 7, 2017 at 6:00 p.m. as follows: WHEREAS, on November 7, 2017, an election will be held in the City of Milton to elect the Mayor and City Council members for District 1/Post 1, District 2/Post 1, and District 3/Post 1; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the same, that the Mayor is authorized to enter into a contract with Fulton County to conduct this election approved by the Georgia Secretary of State , which contract is attached hereto and incorporated herein. 2. All ordinances, parts of ordinances, or regul ations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Page 2 of 2 4. This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 7th day of August, 2017. Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk ______________________________ _______________________________ Karen Thurman, Mayor Pro Tem Burt Hewitt, Councilmember (District 1/Post 1) (District 1/Post 2) ______________________________ _______________________________ Bill Lusk, Councilmember Matt Kunz, Councilmember (District 2/Post 1) (District 2/Post 2) __________________________ _______________________________ Joseph Longoria, Councilmember Rick Mohrig, Councilmember (District 3/Post 1) (District 3/Post 2) INTERGOVERNMENTAL AGREEMENT , er 1COUNTY,1' and CITY OF MILTON,GEORGIA THIS INTERGOVERNMENTAL AGREEMENT is entered into this day of '2017, between Fulton County, Georgia ("County"), a political subdivision of the State of Georgia, and the City of Milton, Georgia ("City"), a municipal corporation lying wholly or partially within the County. WHEREAS, the parties to this Agreement are both governmental units; and WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient and cooperative relationship that will promote the interests of the citizens of both jurisdictions; and WHEREAS, the City desires to contract with the County to conduct this election for the citizens of the City pursuant to the applicable laws of the State of Georgia; and WHEREAS, the City and the County are authorized by Art. IX, Sec. III, Par. I of the Constitution of the State of Georgia to contract for any period not exceeding fifty (50) years for the provision of facilities or services which they are authorized by law to provide, including an agreement for the conduct of the City elections; and WHEREAS, O.C.G.A. § 212-45(c) authorizes the governing authority of any municipality to contract with the county within which that municipality wholly or partially lies to conduct any or all elections; and WHEREAS, pursuant to O.C.G.A. § 21-2-45(c), a municipality may by ordinance authorize a county to conduct such election(s), and the City has adopted such an ordinance; and WHEREAS, the Fulton County Board of Registration and Elections ("BRE") has jurisdiction over the conduct of primaries and elections and the registration of electors in the County; and WHEREAS, the BRE, among other things, is responsible for the selection and appointment of the elections Superintendent, who selects, appoints, and trains poll workers for elections; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: ARTICLE I 1 .1 I i 1.1 This Agreement will govern the conduct of any and all elections which the City requests the County to conduct, including any and all runoffs which may be necessary. It is the intent of the parties that City elections be conducted in compliance with all applicable federal, state and local legal requirements. 1.2 For each City election, City, at its sole option, shall submit to County a request in the form attached hereto as Exhibit A. Requests must be made in conformance with O.C.G.A § 21-2- 540, now and as it may be amended hereafter, to the address specified in the Notice Section below. If a timely request is not made, the County shall have no obligation to conduct the City election which was the subject of the request. 1.3 In the event any special City election becomes necessary, the City and the County shall confer and determine a mutually convenient date as allowed by law to conduct any such election. ARTICLE 2 X-FIVIU., L1 • This Agreement shall commence on the date that it is executed by or on behalf of the governing authority of Fulton County, Georgia and will terminate on December 31, 2017, unless otherwise terminated as set forth herein. Pursuant to this Agreement, each party shall provide the following enumerated services for the election to be held November 7, 2017: 3.1 Upon receipt of request to perform a City election, and the agreement to conduct a City election, the County through the Superintendent or their designee(s) shall be responsible for: a) Designating early and advance voting sites and hours; b) Placing the City's candidate(s) on the electronic and printed ballots for City elections after qualifying; C) Placing the City's referendum question(s) on the ballot for a City election after timely written notice from the City is received by the County (which such notice shall include all necessary details and information); d) Hiring, training, supervising and paying poll officers and absentee ballot clerks; e) Preparing and submitting to the City Clerk, as required by state law O.C.G.A. § 21-2-224(e), now and as it may be amended hereafter, a list of electors. Page 2 of 12 f) Performing duties of elections Superintendent, and absentee ballot clerk for the November 7, 2017 City election; g) Performing logic and accuracy testing as required by Sections 183-1-12-.02 and .07 of the Official Compilation of Rules and Regulations of the State of Georgia, now and as they may be hereafter amended; h) Providing staff, equipment and supplies for conducting the November 7, 2017 City election at City polling places on City election days and for conducting recounts as may be required; i) Certifying City election returns as required by state law O.C.G.A. § 21-2-493, now and as it may be amended hereafter, and submitting certified City election returns to the Georgia Secretary of State and City Clerk or as otherwise directed; j) Upon a change in City precincts or voter districts, notifying City residents of any change in voting districts and/or municipal precincts; and 3.2 The City shall be responsible for: a) Recommending early voting sites and hours of operation to the County. b) Adopting Election resolutions pursuant to O.C.G.A. § 21-2-45(c), now and as it may be amended hereafter, and calls for special City elections as required by O.C.G.A. § 21-2-540, now and as it may be amended hereafter; C) Preparing qualifying materials for potential candidates and performing qualifying of candidates, including any write-in candidates, for City elections as required by state law, specifically O.C.G.A. § 21-2-130 et seq., now and as it may be amended hereafter; d) Placing advertisements in the City's legal organ regarding calls for City elections, as required by state law O.C.G.A. § 21-2-540, now and as it may be amended hereafter; C) Fixing and publishing the qualifying fee as required by state law under O.C.G.A. § 21-2-131, now and as it may be amended hereafter f) Collecting and retaining the qualifying fee as required by state law O.C.G.A. § 21-2-131, now and as it may be amended hereafter; g) Performing filing officer duties as required by the Georgia Government Transparency and Campaign Finance Commission for any and all state reports filed by the candidates or committees in conjunction with City elections to ensure compliance with Title 21, Chapter 5 of the Official Code of Georgia; Page 3 of 12 h) If the City desires to review and verify the accuracy of the voter list(s) for City residents, it must do so not less than 30 days prior to Election Day; i) Providing the County with an electronic copy of referendums that must be placed on a ballot; j) Reviewing ballot proofs and notifying County of corrections or approval within twenty-four (24) hours of receiving proofs for candidate listings; and k) Otherwise cooperating with the County in the performance of this Agreement and providing the County such documentation and information as it may reasonably request to facilitate the performance of its duties under this Agreement. ARTICLE `a -Le 4.1 For City elections that are to be conducted contemporaneously with a countywide General election, pursuant to this Agreement and to action of the Board of Commissioners on August 3, 2016, the City will not be charged for the cost of said election. 4.2 For City elections that are to be conducted contemporaneously with a countywide Special election, the City will share in the costs of conducting the election, plus a 10% administrative fee of the actual election costs based on the municipality's pro -rata share of the number of electors in the municipality versus the total number of electors in the County. The City will pay the actual cost of such election based on a budget prepared in accordance with the form attached hereto as Exhibit B. i) An estimate of the City's pro -rata share of the election costs based on the number of electors will be provided to the City and 75% of that amount is due to the County ninety (90) days prior to Election Day. ii) Following the election, the actual costs of the election will be determined, as well as the City's pro -rata share of the actual costs. iii) If based on the estimated election, costs a refund is due to the City, said refund will issue within ninety (90) days after the election. iv) If based on the estimated election costs the City owes the County an additional amount for the election, the County will issue an invoice for that amount which is due and payable within thirty (30) days of receipt. 4.3 For City elections that are not conducted contemporaneously with any countywide election, the City will pay the actual cost of such election based on a budget prepared in accordance with the form attached hereto as Exhibit B. i) The City will pay the County the sum determined in Exhibit B for the election to be maintained in a separate election account. Said amount is due ninety (90) days prior to Election Day. Page 4 of 12 ii) Following the election, the actual costs of the election will be determined. iii) If based on the payment made in compliance with Exhibit B a refund is due to the City said refund will issue within ninety (90) days after the election. 4.4 Failure to timely remit the funds owed will result in a 10% per month penalty. RESPONSIBILITIESARTICLE 5 LEGAL 5.1 The City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registration and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs, including, but not limited to, court costs and attorney fees for the County Attorney or outside counsel, incurred by the County as a result of any such claim or litigation. The City shall make payment of such reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. 5.2 In the event that a City election is contested, the City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any contested City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registrations and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs incurred in responding to the election challenge, including, but not limited to, attorney's fees for the County Attorney or outside counsel and all expenses associated with the election challenge and any appeals thereafter. The City shall make payment of such reimbursements to the County within thirty (3 0) days of receipt of any invoice for reimbursement from the County. If a second election is required, such election will constitute a City Election under this Agreement and shall be conducted in accordance with the terms of this Agreement. 53 To the extent allowed by law, the City agrees to defend and hold harmless the County with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the County may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the City and/or its employees. 5..4 To the extent allowed by law, the County agrees to defend and hold harmless the City with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the City may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the County and/or its employees. 5.5 It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. Page 5 of 12 5.6 Should it be necessary to comply with legal requirements that any of the County's personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. ARTICLE 6 6.1 All County personnel assigned under this Agreement are and will continue to be employees of the County for all purposes, including, but not limited to: duties and responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training, workers compensation and disciplinary functions. 6.2 All County personnel assigned under this Agreement are and will continue to be part of the Fulton County Department of Registration and Elections and under the supervision of the Superintendent. 6.3 All City personnel assigned under this Agreement are and will continue to be employees of the City. ARTICLE s. YJ P .1. 7.1 The County Registration and Elections Department is the central repository for all departmental records and makes available public records as defined and required by the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq., O.C.G.A. § 21-2-51 and O.C.G.A. § 21-2-72, now and as they may be amended hereafter. During the term of this Agreement, the County will continue to comply with the applicable provisions of the Georgia Open Records Act and the Georgia Election Code. 7.2 Except as limited by any provision of state or federal law, the City may request, review and access data and County records at a mutually agreed upon time to ensure compliance with this Agreement. ARTICLE 8 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 pursuant to this Agreement shall contain all required E -verify and Title VI requirements under applicable law. Each of the individuals executing this Agreement 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 Agreement has been duly passed upon by the required governmental Page 6 of 12 agency or council in accordance with all applicable laws and spread upon the minutes thereof. The parties hereto agree that this Agreement 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. Further, the Fulton County Board of Registration and Elections has reviewed and approved this Agreement and has authorized its Chairman and its Chief Administrative Officer to execute any ancillary documents required to complete the November 2017 General Election, including but not limited to the Notice of the Call of the General Election and the Notice of the General Election. I; • , I Ilk,�. Either party may unilaterally terminate this Agreement, in whole or in part, for any reason whatsoever or no reason at all, by notice in writing to the other party delivered at least thirty (30) days prior to the effective date of the termination. All required notices shall be given by certified first class U.S. Mail, return receipt requested. The parties agree to give each other non binding duplicate facsimile notice. Future changes in address shall be effective upon written notice being given by the City to the County Elections Superintendent or by the County to the City Administrator via certified first class U.S. mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: If to the County: Fulton County Board of Registration and Elections Attn: Director 130 Peachtree St SW, Suite 2186 Atlanta, Georgia 30303 Facsimile: 404.73 0.7024 With a copy to: Fulton County Office of the County Attorney Attn: County Attorney 141 Pryor Street SW, Suite 4038 Atlanta, Georgia 30303 Facsimile: 404.73 0.6540 If to the City: City Administrator With a copy to: City Attorney Page 7 of 12 ARTICLE 12 Neither party shall assign any of the obligations or benefits of this Agreement. The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. No representation oral or written not incorporated in this Agreement shall be binding upon the City or the County. All parties must sign any subsequent changes in the Agreement. ARTICLE SEVERABILITY, 1 ENFORCEABILITY If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement is governed by the laws of the state of Georgia without regard to conflicts of law principles thereof. Should any party institute suit concerning this Agreement, venue shall be in the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof 6 101 1 10101013 3 DIN I This Agreement shall inure to the benefit of, and be binding upon, the respective parties' successors. ARTICLE J This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. Page 8 of 12 IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. (Seal) FULTON COUNTY, GEORGIA APPROVED AS TO SUBSTANCE: Chair, Board of Commissioners Attest: Clerk to Commission Date: ATTEST: APPROVED AS TO FORM: Fulton County Attorney's Office APPROVED AS,TO SUBSTANCE: Richard Director, FultohCoAty Department of Registration and Elections SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 9 of 12 [11111111111111,1115 11111 11111�, Mayor City Clerk (SEAL) City Attorney City Administrator Page 10 of 12 EXHIBIT A As per the Agreement executed on , the City of Milton, hereby requests that Fulton County conduct its Regular Election on November 7, 2017, and Runoff Election on December 5, 2017, within the boundary of Fulton County. The last day to register to vote in this election is October 10, 2017. The list of early voting locations will be forthcoming. This City Clerk day of , 2017. (SEAL) The Fulton County Board of Registrations and Elections agrees to conduct the City of Milton Regular Election on November 7, 2017, and Runoff Election on December 5, 2017, within the boundary of Fulton County. This ay of —2017. (SEAL) Elections Superint d& Fulton County Board of Registrations and Elections Page 11 of 12 CITY OF MILTON GENERAL ELECTION November 7, 2017 EXHIBIT "BIN 350-265-2683 _ COST 1001 SALARIES - OVERTIME 2,620.00 1010 SOCIAL SECURITY -SALARIES $260.00 1011 SOCIAL SECURITY -MEDICARE $65.00 1060 UNEMPLOYMENT INS $20.00 1120 RENTALEQUIPMENT $2,468.00 1121 RENTAL BUILDINGS $1,000.00 1159 HOURLY FEE PERSONNEL Poll Worker Pay and Training Class Fee $15,865.00 Election Day Technicians Election Night Workers 1160 TEMPORARY & EARLY VOTING STAFF $42,142.00 1174 SECURITY - TRAFFIC AND BUILDINGS $100.00 1169 FEES - BOARD MEMBERS $20.00 1342 ADVERTISING $634.00 1346 MILEAGE $12.00 1452 VEHICLE SUPPLIES - FUEL 120.00 1456 POSTAGE $1,300.00 1459 PRINTING & BINDING $1,080.00 ...1461 PHOTOCOPIES $54.00 1462 OFFICE & ELECTION SUPPLIES $2,168.00 ..1475 STOCKPA ER $48.00 CITY OF MILTON GENERAL ELECTION November 7, 2017 EXHIBIT "B" 1501 INSURANCE -HEALTH $560.00 1505 INSURANCE -LIFE $20.00 1510INSURANCE-DENTAL $40.00 1512 INSURANCE -VISION $10.00 1522 -RETIRE ATCFi $480.00 1527 C- CNTR-EPLR $220.00 1529 DC-CNTR- 2%® $20.00 ,SUB -TOTAL $71,326.00 10 % ADMINISTRATIVE FEE $ 7,132.60 GRAND TOTAL CITY OF MILTON $78,458.60 CITY OF MILTON RUNOFF ELECTION 350-265-2684 December 5, 20171 EXHIBIT '® " COST 1001 SALARIES _OVERTIME _---- — - ----- ------ —--------- -- 2,872.00 1010 SOCIAL SE CURITY-SALARIES }___ --------- $231.00 - 11011 SOCIAL SECURITY-MEDICARE {--- - ----- - --- --- �_ _ --- ----- --- +--- $31.00 i 1060 UIVEMPL Y ENT INS $2.00 - -- --- ----- -- ------ 1120 RENTAL EQUIP T- --------- --------.. - ------ _ ---- $1,916.00 RENTAL BUILDINGS ,1121 $1,000.00 — -- -- — --.__ - ---------- 1159 HOURLY FEE PERSONNEL Poll Worker Pay and Training Class Fee $15,865.00 - Election Day Technicians ---�-- _- - -- Election Night Workers 1160 TEMPORARY & EARLY VOTING STAFF '33,785.00 1174 SECURITY - TRAFFIC AND BUILDINGS - _ - x$114.00 1169 FEES - BOARD MEMBERS $23.00 - ---------------- �1342 ADVERTISING $720.00 1346 MILEAGE - - - ---- $.00 11452 VEHICLE SUPPLIES FUEL ------------------ 127.00 __ 1456 POS 5 --- STAGE TAGE ----- - --- $1,476.00 - --- 1459_ PRINTING & BINDING - ----- 11461 PHOTOCOPIES .00 - $16-JO-6- ----__ - _ _ __ --------- 462FFICE 1OELECTION SUPPLIES ___ $1 289.00 -_-�__--� _ 11475 STOCKPAPER — $23.00 I x1501INSU NCE HEALTH $486z _ _ _ _- 1505 INSU NCE-LIFE$15 ------------ - CITY OF MILTON RUNOFF ELECTIONDecember --------- _-1-------- I1510INSURANCE-DENTAL -- 5, 2017 --- EXHIBIT " " $13.00 ------i-------- 1512 INSURANCE-VISION -__._--- ---- ------__��_ $8.00 1522-RETIREMATCH $505.00 1527 C- CNTR-EPLR $224.00 ----- � 1529 C-C- 2% TTRR-- ---------- ----- 11.00 - --t----------- --_ --- --- - -- --- ---------- - __ SIJ TOTAL --_-___-- — - --- ---- -- ---- $60,893.00 - 10 %D IIT TIVE FEE - _ --- 6,089.30 - GRAND TOTAL CITY F MILTON - �- -- -_- ---- -----_-------- T --- $66,982.30 - FUITON CUMTV Fulton County Department of Registration and Elections 130 Peachtree Street, SW Suite 2186 Atlanta, Georgia 30303 Phone: (404) 612-7020 Fax. (404) 730-7024 Item Description nuem; Date: 5/25/2017 INVOICE # MIL1 12017 City of Milton City Clerk's Office 13000 Deerfield Parkway TO Suite 107 Milton, GA 30004 678-242-2522 Attn: Ms. Sudie Gordon Total Advance to Conduct General Municipal Election City of Milton, November 7, 2017 $71,326.00 2 10% Administrative Fee - for November 7, 2017 Election $7,132.60 - Subtotal $78,458.60 3 Advance to Conduct General Municipal Runoff Election City of Milton December 5, 2017 $60,893.00 4 10% Administrative Fee - for November 7, 2017 Election $6,089.30 Subtotal $66,982.30 GRAND TOTAL $145,440.90 Make Check Payable to: "FULTON COUNTY DIRECTOR OF FINANCE" CITY 11/7/2017 #REGIST VOTERS DISTRIB% ATLANTA 283,932 51.0% ALPHARETTA COLLEGE PARK 35,967 7,819 6.5% 1.4% EAST POINT FAIRBURN HAPEVILLE JOHNS CREEK MILTON ROSWELL SANDY SPRINGS UNION CITY 21,008 7,632 2,767 46,158 22,270 56,488 12,030 3.8% 1.4% 0.5% 8.3% 4.0% 10.1% 10.9% 2.2% TOTAL 556,718 100.0% CITY #REGIST VOTERS DISTRIB% ATLANTA 283,932 57.0% COLLEGE PARK 7,819 1.6% EAST POINT 21,008 4.2% JOHNS CREEK 46,158 9.3% MILTON 22,270 4.5% ROSWELL 56,488 11.3% SANDY SPRINGS 60,647 12.2% TOTAL 498,322 100.0% 12017 GENERAL MUNICIPAL ELECTIONS 11/7/2017 - - 1001 SALARIES - OVERTIME Admin.lElections/Registration/I.T.I Public Safety/Election Day I 1160 - PROFESSIONAL SERVICES All temporary employees are paid through Temporary Agency -- Includ~~ hourly salary and Ager:'_cy fees 1160 SALARIES - TEMPORARY - PROF SERVICES Includes overtime costs and Agency Fees Admin Asst I (ED - Training Materials/Boxes) -- 2 4 Admin Asst II. (ED-PW-SCH) - 1 Systems Specialist Asst Supv (ED-TS-Whse) -- 16 S~stems Seecialist (ED- TS Whs~) 8 Admin Asst I (Registration Division) - 5 Admin Asst II (Asst Supv, ED Whse & VEO) 8 Admin Asst I (ED Warehouse} -- TEMP. SALARIES j1160 - EARLY VOTING - TEMPORARY Eighteen (18) Early Voting Locations 18 Admin Asst II (Early Voting - Chief Manager) Includes hourly salary and Agency fees 36 [Admin Asst I (Early Voting - Assistant Manager) Includes overtime costs and Agency fees -- 72 I Rec and Doc Asst (Early Voting - Clerk) 1 IAdmin Asst II (Truck Master) I 1 -- 30 Couriers (ED Whse) 5 Elections Eguipment Managers (Instructors - ED) 8 Rec and Doc Asst (Class Assists) Board Attorney Fees/Misc I I I I 1120 RENTAL EQUIPMENT - Vehicles to deliver voting equipment for Early Voting & Election Day 1 Van (2 Months) Vehicles needed to dispatch technicians for troubleshooting 4 Sedans (15 days @ $45.00 per day) Early Voting Techs 40 Vans (2 da:ts @ $65 per day') ---- -- 1 Truck (2 day @ $150 per day) Early Voting Delivery 15 Trucks {14 days @ $150 per day) 255 Cellular Phones - 1121 RENTAL BUILDINGS Public and Private Facilities - Election Day Rental fees for private facilities Custodial costs for schools -- - 1159 HOURLY FEE PERSONNEL I - -- Poll Worker Pay and Training Class Fee Pay for Poll Workers, Election Day & Night Workers -- 52 Dual Manager(s) I 211 Chief Mgr{s) 422 Asst Mgr(s) 789 Clerk(s) 50 Election Day Technicians I 50 EDT Drivers I 145 Election Night Workers 1174 SECURITY Security for traffic & crowd control during Early Voting & Election Day -- Security Traffic & Building Election Day TOTAL SECURITY I - - 1342 ADVERTISING Advertisement in Newspapers and Radio -jAdvertisment of legal notices -- VEHICLE SUPPLIES Gasoline for Rental Vehicles - 1456 POSTAGE - ....._ Mailing of Absentee Ballots Letters to voters, candidates, poll workers Mailing of Precinct Cards - - I I- I 1459 PRINTING & BINDING Opening & Closing Instructions and SOVC's & Poll Worker Manuals I 1461 PHOTOCOPIES I Sample Ballots & Letter of Instructions - - - - 1462 OFFICE & ELECTION SUPPLIES I Miscellaneous Office Supplies I ~L&A Test Deck@0.55perbaliot I - L&A Set-up Fee $350.00 per election I Ballot Style Fee @ $1.00 per style ! -- I Test Ballots @ 0.51 ea I Ballot Set-up Fee @ $350.00 per ele.ction Ballot Cards @ .55/65,000 ballots) Sample Ballots for posting at the polls I - Benefit Costs for Permanent Employees - Overtime, Security, Early Voting & Election Day 1501 INSURANCE-HEALTH 1505 INSURANCE-LIFE I _._- - 1510 INSURANCE-DENTAL 1512 INSURANCE-VISION 1522-RETIREMATCH ..... - - I 1527 DC- CNTR-EPLR -- 1529 DC-CNTR- 2% I -- - TOTAL FRINGE BENEFITS RESOLUTION ESTABLISHING A COST SHARING POLICY 1 BETWEEN MUNICIPALITIES AND FULTON COUNTY FOR CONDUCTING 2 ELECTIONS, AND FOR OTHER PURPOSES. 3 4 WHEREAS, the Fulton County Board of Registration and Elections (“Board”) is 5 the entity empowered to supervise and conduct elections in Fulton County pursuant to 6 1989 Ga. Laws p. 4577; and 7 WHEREAS, O.C.G.A. § 21-2-45(c) authorizes the governing authority of any 8 municipality to contract with the county within which that municipality wholly or partially 9 lies to conduct any or all elections; and 10 WHEREAS, O.C.G.A. § 21-2-45(c) empowers a municipality to, by ordinance, 11 authorize a county to conduct such elections; and 12 WHEREAS, Fulton County has been responsible for conducting multiple 13 previously unfunded elections in 2017; and 14 WHEREAS, Fulton County will be responsible for conducting additional unfunded 15 special elections in November 2017, and likely in December 2017 as well; and 16 WHEREAS, the costs associated with conducting general, special and runoff 17 elections are increasing and demand greater commitment and provision of resources ; 18 and 19 WHEREAS, the Board of Commissioners of Fulton County recognizes the need 20 to fairly apportion the costs of conducting elections to all citizens and voters of Fulton 21 County; 22 WHEREAS, a cost sharing option was discussed and approved as part of the 23 May 3, 2017 Budget Soundings before the Board of Commissioners of Fulton County. 24 NOW THEREFORE, BE IT HEREBY RESOLVED, that in even-numbered years 25 when Fulton County is holding a regularly scheduled Primary, Primary Runoff, General 26 Election and General Election Runoff, the County will pay the costs of conducting the 1 election, with the municipalities and school districts paying a 10% administrative fee 2 based on their pro-rata share of registered voters. 3 BE IT FURTHER RESOLVED, that in odd-numbered years when the 4 municipalities hold regularly scheduled general elections, municipalities will pay for their 5 elections and the County will share this cost, should there be a countywide special 6 election that runs concurrently based on the pro-rata share of registered voters. In any 7 year when both the county and a municipality hold unscheduled special elections with 8 overlapping territory, the County and municipality will share the costs based on the pro-9 rata share of registered voters. 10 BE IT FURTHER RESOLVED, that if special elections are held in territories that 11 fail to converge, each entity will cover its own cost for the election. 12 BE IT FURTHER RESOLVED, that in all elections, a 10% administrative fee will 13 be charged by the County to municipalities to administer an election whether regular or 14 special. 15 BE IT FURTHER RESOLVED, this cost sharing policy shall be in place for all 16 Fulton County municipalities and school districts in perpetuity from June 1, 2017 forward 17 and used as the basis for any agreement with a municipality for the County to conduct 18 their elections. 19 BE IT FINALLY RESOLVED, that this Resolution shall become effective upon its 20 adoption, and that all resolutions and parts of resolutions in conflict with this Resolution 21 are hereby repealed to the extent of the conflict. 22 23 PASSED AND ADOPTED by the Board of Commissioners of Fulton County, 1 Georgia this _____ day of August, 2017. 2 3 FULTON COUNTY BOARD OF COMMISSIONERS 4 5 6 By: ________________________________ 7 John H. Eaves, Chairman 8 District 7 (At Large) 9 10 11 ATTEST: APPROVED AS TO FORM: 12 13 14 __________________________ _______________________________ 15 Tonya Grier Patrise Perkins-Hooker 16 Interim Clerk to the Commission County Attorney 17 18 19 20 21 22 23 24 25 26 27 28 29 P:\CALegislation\BOC\Resolutions\2017 Resolutions\7.31.17Elections Resolution - Cost sharing with pph edits.docx 30 N M-ILTONIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 1, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Agreement with the City of Milton and Gas South for Economic Development Purposes. MEETING DATE: Monday, August 7, 2017 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: (BES () NO CITY ATTORNEY REVIEW REQUIRED: (,.BYES () NO APPROVAL BY CITY ATTORNEY: (,KAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0a/o7iZolj 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on July 28, 2017 for the August 7, 2017 Regular City Council Meeting Agenda Item: Approval of a Memorandum of Agreement between the City of Milton, Georgia and Gas South, LLC ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Gas South approached the City with the Alliance Partnership Agreement of which our neighbors in Roswell, Sandy Springs, and Woodstock already participate. The City will recognize Gas South as a preferred vendor, and Gas South will offer our residents and businesses a discount on services. The City will be compensated for those residents and businesses that sign up for Gas South and Gas South will increase their involvement in our community events. This is not an exclusive agreement and should the City be approached by other utility providers with similar interests we will complete the RFP process. At this time no other provider has approached us for partnership. Funding and Fiscal Impact: An anticipated increase in revenue as a result the partnership. Recommending funds be allocated to Community Outreach Department. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis, July 19, 2017 Attachment(s): Gas South Alliance Partnership Agreement 1 MEMORANDUM OF AGREEMENT Between The City of Milton and Gas South, LLC 1. Purpose: This Memorandum of Agreement ("MOA”) between the City of Milton, Georgia ("CITY") and Gas South, LLC ("Gas South") is designed to: a. Offer natural gas discounts to CITY associated residential customers; b. Provide incentives to CITY for Gas South customers within the CITY using the Gas South-Milton Affinity Program; and, c. Establish Gas South as a Preferred Partner of CITY with the attendant sponsor benefits. 2. Background: The City of Milton is an incorporated municipality located in the Gas South service area. Gas South is interested in promoting civic good will and supporting the efforts of CITY throughout its municipal territory. 3. Intent: Continue to foster the relationship between CITY and Gas South to provide cost-effective and competitive natural gas rates through an effort to be known as the "Gas South-Milton Affinity Program.” 4. Financial: During the Term, Gas South will make a one time "incentive payment" to CITY of $12 for each new residential, and $24 for each new commercial, account that signs up for service using the CITY promo code. During the Term, Gas South will also pay a "loyalty payment" to CITY of $1 per month per residential customer and $2 per month per commercial customer for all customers using the CITY Promo code, who continue as Gas South customers through the end of each calendar month. The foregoing incentive payments and loyalty payments shall be made as follows: a. No later than July 31, for the period April through June; b. No later than October 31, for the period July through September; 2 c. No later than January 31, for the period October through December; d. No later than April 30, for the period January through March. Gas South’s obligation to pay already-earned loyalty payments in accordance with the quarterly payment schedule set forth above shall survive the termination of this MOA by either party. 5. CITY Responsibilities: a. Recognize Gas South's service and the Gas South-Milton Affinity Program on its website (with a link to Gas South's affinity partner enrollment page), in CITY newsletters, and through other means through which the CITY communicates with its residents. Acknowledging that CITY has a financial incentive to advertise the Affinity Program and increase participation by residents, the parties agree that CITY shall have full discretion in determining the size, location and frequency of public recognition given to Gas South’s service and the Gas South-Milton Affinity Program on the CITY website and in CITY communications with its residents. b. None of the responsibilities of Gas South set forth in Section 6 below shall create any corresponding duty on the part of CITY. In addition, nothing in this MOA shall establish Gas South as the exclusive “preferred partner” or CITY-affiliated gas provider, or prohibit the CITY from contracting freely with any other utility service provider. 6. Gas South Responsibilities: a. Provide to all Milton residents and CITY employees in Gas South's service area a two cent per therm discount off of the standard residential rate plans offered by Gas South. The discount shall be available during the Term to new and existing Gas South customers who utilize CITY'S promo code; b. Participate in CITY training and outreach activities as requested and available; c. Provide CITY staff with marketing materials that describe the Gas South-Milton Affinity Program; d. Evaluate the potential for sending direct mail marketing pieces to CITY residents that include an explanation of the Gas South-Milton Affinity Program and include a promo code that will allow the residents to receive a discounted natural gas rate. Any direct mail would be subject to the review and approval of CITY; e. Work with CITY Staff to identify innovative ways to market the Gas South-Milton Affinity Program, including but not limited to paid advertising in area publications 3 using the CITY name, logo, and promo code to raise awareness and drive participation in the Program. Any advertising that includes CITY name or logo will be subject to the review and approval of CITY; f. Eval uate sponsorship opportunities related to community events, cultural arts programs, green initiatives or parks and recreation activities, that help raise awareness of the Gas South-Milton Affinity Program; and g. Participate, at a minimum, in an annual meeting to evaluate the effectiveness of the Gas South-Milton Affinity Program. 7. Effective Date: The effective date of this MOA shall commence upon the date last signed by the City Manager of CITY and a Representative of Gas South. 8. Term: The term ("Term") of this MOA shall commence upon the date last signed and continue for a period of one (1) year from the date of signature, and will continue for successive one year periods unless either party gives notice of termination, pursuant the procedures outlined in Paragraph 9, below. 9. Termination: a. Any party may terminate this MOA at any time by providing 90 days’ written notice of the termination to the other party. Such notice shall be given as outlined in Paragraph 13, below. Either party may also give notice of termination at least 30 days prior to the expiration of the then existing Term. b. This MOA may be terminated immediately "For Cause" by either party if it is alleged that the other party engaged in behavior that is illegal or offensive to generally accepted standards of behavior, including, but not limited to, discrimination or financial impropriety, so as to cause the other party to believe that public association with the offending party would tend to subject the other party to ridicule, contempt, controversy, embarrassment or scandal. c. In the event of material breach of any provision of this MOA (other than by illegal or offensive behavior), including default by either party, the other party may terminate this MOA "For Cause" first by giving thirty (30) days’ written notice of the breach to the breaching party to allow for cure. If the breaching party fails to cure the breach within such thirty (30) day period, the other party may terminate this MOA For Cause by giving ten (10) days’ additional written notice to the breaching party. Gas South’s exclusive remedy for material breach of this MOA shall be termination of the MOA as set forth above and recoupment of any incentive and loyalty payments made to CITY during the time period in which the breach existed. d. If the CITY receives a substantial number of complaints from City of Milton residents about poor customer service on the part of Gas South (where the service issues 4 do not rise to the level of illegal or offensive behavior as set forth in Paragraph 9(b), above, but in the judgment of CITY reflect negatively upon its municipal re putation), such complaints will be grounds for termination “For Cause” as a material breach of this MOA provided that Gas South shall be given a reasonable opportunity to refute and/or correct the allegations in such complaints and provided further that Gas South has the right to written notice and to cure as set forth in Paragraph 9(c), above. e. If any part of this MOA is determined by a Court of competent jurisdiction to be illegal, such MOA shall automatically be terminated. 10. Trademark Use and Restrictions: Nothing herein shall be construed to authorize or permit Gas South, its agents, or licensees to use any material containing any symbol, trademark or trade dress belonging to CITY or refer to itself as an "official sponsor" or "preferred partner" of CITY without CITY's prior written approval. This paragraph shall not apply to steps taken by the parties in performance of this MOA, and CITY hereby consents to appropriate uses of its symbols, trademarks, and trade names, used by the parties in the performance of this MOA, including the designation of Gas South as a Preferred Partner of CITY. Nothing herein shall be construed to authorize or permit CITY, its agents, or licensees to use any material containing any symbol, trademark or trade dress belonging to Gas South without Gas South's prior written approval. This paragraph shall not apply to steps taken by the parties in performance of this MOA, and Gas South hereby consents to appropriate use of its symbols, trademarks, and trade names, used by the parties in the performance of this MOA. Gas South owns all rights to, or has the right to use the Gas South Marks including but not limited to the trade names, trademarks and logos of Gas South. CITY owns all rights to, or has the right to use, the CITY Marks including but not limited to the trade names, trademarks and logos of CITY. 11. Relationship between Parties: This MOA does not constitute and shall not be construed as creating a partnership or joint venture between the two parties. Neither party shall have any right to obligate or bind the other party in any manner whatsoever, and nothing contained herein shall give, or is intended to give any rights to any third person. 12. Limitation of Liability: No affiliate of either party shall have any liability whatsoever for either party's performance, nonperformance, or delay in performance under this MOA. Nothing contained in this MOA shall be construed to be a waiver of CITY’s sovereign immunity or any individual’s qualified good faith or official immunities. Nothing herein shall be construed as creating any individual or personal liability on the part of any of CITY’s elected or appointed officials, officers, directors or employees. 13. Notices: All notices shall be in writing. All notices delivered by hand, including by carriers such as UPS and FedEx , shall be effective upon delivery and all notices mailed registered or certified mail, return receipt requested, shall be effective when received, as indicated on the return receipt, when delivered to: 5 a. If to CITY: City of Milton 2006 Heritage Walk Milton, GA 30004 Attn: City Manager b. If to Gas South: Gas South, LLC One Overton Park 3625 Cumberland Blvd. Suite 1500 Atlanta, Georgia 30339 Attn: CEO 14. Confidentiality. “Confidential Information” means all confidential and proprietary information of a party, that is clearly marked as “Confidential” or an equivalent designation. CITY and Gas South shall not release Confidential Information from each other except as otherwise provided by law or court order, including without limitation the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.). Each party acknowledges that if it submits records containing trade secret information, and if that party wishes to keep such records confidential from Open Records Act requests, that party must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Georgia Code, and the parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. 15. Insurance: Each party shall maintain, at its sole expense, any insurance and/or bonds required by law. 16. State Law: This MOA shall be subject to the laws of the State of Georgia. 17. Entire Agreement: This MOA represents the entire agreement between CITY and Gas South. The provisions of this MOA may not be altered, amended or waived except by written agreement signed by all parties. Neither party shall be bound by any oral agreements, representations or special arrangements contrary to or in addition to the terms and conditions contained herein. 18. Assignment: This MOA may not be assigned or delegated in whole or in part without the prior written consent of the other party, such consent not being unreasonably withheld. 19. Execution: This MOA may be executed in one or more counterparts. The signature of any party thereon is to be considered as an original signature and the document transmitted is to be considered to have the same biding effect as an original signature or an original document. 6 20. E-verify: {This Paragraph 20 is inapplicable unless Gas South is providing physical performance of services for the CITY.} Pursuant to O.C.G.A. § 13-10-91, CITY shall not enter into a contract for the physical performance of services unless Gas South shall provide evidence on CITY-provided forms, attached hereto as Exhibits “A” and “B” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Gas South’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. Gas South hereby verifies that it has, prior to executing this MOA, executed a notarized affidavit, the form of which is provided in Exhibit “A”, and submitted such affidavit to CITY. Further, Gas South hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Gas South employs or contracts with any subcontractor(s) in connection with the covered contract, Gas South agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “B”, which subcontractor affidavit shall become part of the Gas South/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, Gas South agrees to provide a completed copy to CITY within five (5) business days of receipt from any subcontractor. Gas South and Gas South’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Gas South agrees that the employee-number category designated below is applicable to Gas South. [CHECK ONE] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Gas South hereby agrees that, in the event Gas South employs or contracts with any subcontractor(s) in connection with this MOA and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Gas South will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. 21. Title VI: In accordance with Title VI of the Civil Rights Act of 1964, 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, 7 and all other provisions of Federal law, Gas South agrees that, during performance of this MOA, Gas South, 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, Gas South agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this MOA. ATTEST All terms of this Memorandum of Agreement are hereby acknowledged and agreed to as certified by the signatures of the duly authorized officers and agents affixed hereby. The parties hereto have executed this MOA on the dates set forth below. [SIGNATURES ON FOLLOWING PAGE] 8 GAS SOUTH, LLC By: ______________________________ Printed Name: _____________________ Title: ____________________________ Date: ____________________________ CITY OF MILTON, GEORGIA By:________________________________ Printed Name: Joe Lockwood Title: Mayor Date: ______________________________ Attest: _________________________ Print Name: Sudie Gordon Title: City Clerk Approved as to form: _______________________________ City Attorney [CITY SEAL] EXHIBIT “A” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia 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 Milton-Gas South Affinity Agreement Name of Project City of Milton, Georgia 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] My Commission Expires: ______________________________ EXHIBIT “B” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT 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 Gas South, LLC on behalf of the City of Milton, Georgia 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: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Milton-Gas South Affinity Agreement Name of Project City of Milton, Georgia 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] My Commission Expires: ______________________________ TO: FROM: MILTO�.-. ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: August 3, 2017 Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Separation Agreement and Full and Final Release of Claims between Thom Brown and the City of Milton. MEETING DATE: Monday, August 7, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (PROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( YES () NO CITY ATTORNEY REVIEW REQUIRED: ( YES (J NO APPROVAL BY CITY ATTORNEY: (.APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ll 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 infoQcityofmiltonga.us I www.cityofmiltonga.us SEPARATION AGREEMENT AND FULL AND FINAL RELEASE OF CLAIMS This Separation Agreement and Full and Final Release of Claims ("Agreement") is made and entered into between THOM BROWN ("Mr. Brown"), and THE CITY OF MILTON, GEORGIA (the "City") (collectively "the Parties"). 1. SETTLEMENT. Mr. Brown and the City wish to settle fully and finally any and all differences and disputes between them, including, but not limited to, any claims arising out of Mr. Brown's employment with and separation from the Fire Department and the City. 2. CONSIDERATION. Mr. Brown covenants and agrees to waive and release any and all claims relating to his employment with and separation from the Fire Department and the City as detailed in Paragraph 3. Mr. Brown and the City covenant and agree that: A. Mr. Brown has elected to voluntarily separate from his employment with the Fire Department and the City, which separation shall become effective upon Mr. Brown's execution of this Agreement; B. Upon Mr. Brown's separation, Mr. Brown will receive compensation for his current Paid Time Off balance in an amount not to exceed 318 hours, to be paid at Mr. Brown's regular hourly rate of pay ($25.16), with appropriate payroll deductions made thereto; and C. The City will purge Mr. Brown's personnel file in accordance with O.C.G.A. § 45- 1-5 within thirty (30) days of the execution of this Agreement. 3. FULL AND FINAL RELEASE. Mr. Brown, for himself, his attorneys, dependents, heirs, executors, administrators, personal representatives, successors, beneficiaries and assigns, fully, finally, and forever releases and discharges the Fire Department, the City, and all of its divisions, departments, offices, affiliates, officers, elected and appointed persons, officials, employees, servants, agents, insurers, and attorneys, in their official and individual capacities, together with their predecessors, successors, and assigns, both jointly and severally (collectively the "City Released Parties"), of and from all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, as a result of actions, representations, or omissions occurring through Mr. Brown's effective separation date, as set forth in Paragraph 2 above. Specifically included in this waiver and release are, among other things, any and all claims regarding the deprivation of civil, constitutional, or equal rights under local, state, or federal law including, but not limited to, 42 U.S.C. §§ 1981, 1983, 1985, 19 d/or 1988, Initial / Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act ("ADEA"); the Americans with Disabilities Act ("ADA"); the Older Workers Benefit Protection Act; and the Rehabilitation Act of 1973, as well as any claims for alleged wrongful discharge, negligent retention or hiring, sexual harassment, assault, battery, retaliation, negligent or intentional infliction of emotional distress, breach of contract, fraud, or any other unlawful behavior. Notwithstanding any other provision of this Paragraph or of this Agreement, Mr. Brown does not hereby waive any rights or claims for which waivers or releases are prohibited by applicable law or any rights or claims under the ADEA that may arise after the effective date of this Agreement, which for purposes of this Agreement shall be the day on which the Agreement is executed by Mr. Brown. 4. CONSULTATION WITH ATTORNEY. The City hereby advises Mr. Brown in writing to consult with an attorney prior to executing this Agreement and waiver of claims under the ADEA. 5. TWENTY-ONE DAY REVIEW PERIOD PROVIDED. Mr. Brown hereby acknowledges that, in accordance with federal law, he has been allowed up to twenty-one (21) days to consider whether to execute this Agreement and that he has had sufficient time to read and consider this Agreement before executing it. Mr. Brown acknowledges that he has received valuable and good consideration to which Mr. Brown is not otherwise entitled in exchange for his execution of this Agreement and executes this Agreement voluntarily, with a full understanding of its significance, and intending to be bound by its terms. 6. SEVEN-DAY REVOCATION PERIOD. Mr. Brown may revoke and cancel this Agreement at any time within seven (7) days after Mr_ Brown's execution of this Agreement by providing written notice to the City in the manner prescribed herein. If Mr. Brown does so revoke, this Agreement will be null and void and the City shall have no obligation to provide any consideration to Mr. Brown including, but not limited to that specified in Paragraph 2 of this Agreement. This Agreement shall not become enforceable until after the expiration of the seven (7) day revocation period; after such time, if there has been no revocation, the Agreement shall be fully enforceable. In the event that Mr. Brown chooses to revoke the Agreement, Mr. Brown or his counsel shall notify the City by facsimile and e-mail to its designated agent for this purpose, Ken E. Jarrard, Attorney at Law, Jarrard & Davis, LLP, 105 Pilgrim Village Drive, Suite 200, Cumming, Georgia, 30040 with the facsimile number (678) 455- 7149 and the e-mail address of kjarrard@jarrard-davis.com, no later than 5:00 p.m. on the last day of the revocation period. 7. NO OTHER CLAIMS. 2 Initial V/ Mr. Brown acknowledges and represents that he does not have any pending claims or charges against the Fire Department or the City. Mr. Brown also acknowledges and represents that he will not file, or assign to others the right to file, or make claims or charges against the Fire Department, the City or the City Released Parties at any time for actions, representations, or omissions covered by the Full and Final Release provisions in Paragraph 3 of this Agreement. Mr. Brown also acknowledges and represents that he has received all leave required under the Family and Medical Leave Act of 1993, as amended ("FMLA"), and does not claim that the Fire Department or the City violated or denied his rights under the FMLA. Mr. Brown further acknowledges and represents that he was properly classified under the Fair Labor Standards Act of 1938, as amended ("FLSA"), has been fully paid (including any overtime to which he was entitled, if any) for work performed for the Fire Department or the City, and does not claim that the Fire Department or the City violated or denied his rights under the FLSA. 8. RETURN OF PROPERTY. Mr. Brown states that, in accordance with his existing and continuing obligations to the Fire Department and the City, he has returned, or will immediately return to the Fire Department and the City, all property of the Fire Department and the City, including, but not limited to, keys, files, records, maps, computer access codes, and computer programs, instruction manuals, business plans, financial records, and other property which Mr. Brown maintained, prepared or helped to prepare in connection with his employment with the Fire Department and the City. In no event will Mr. Brown remove any such items off the premises of the Fire Department or the City, or duplicate any such items for removal from the Fire Department or City premises. 9. COOPERATION. Mr. Brown agrees to fully cooperate with the Fire Department and the City in any and all investigations, inquiries, or litigation in any judicial, administrative, or public, quasi - public, or private forum, in which the Fire Department or the City is involved, whether or not Mr. Brown is a party to or a subject of such investigations, inquiries, proceedings, or litigation. Mr. Brown shall provide such testimony, background information, and other support and cooperation as the Fire Department or the City may reasonably request. Mr. Brown acknowledges, agrees, and covenants that he will not voluntarily disclose any information related to personnel, payroll, risk management, claims, insurance, or attorney- client privileged matters, or any other information that is sensitive, private, and confidential, received during the course and scope of his employment to any person or entity except the Fire Department or its designee and the City or its designee. Mr. Brown further agrees that he will not directly or indirectly cooperate or assist with the initiation or advancement of any claims, lawsuits, actions, or demands against the Fire Department or the City on behalf of himself or any other individual. 10. NON -DISPARAGEMENT. 3 Initia / A. Mr. Brown agrees that he will not make statements to anyone that is in any way disparaging or negative towards the Fire Department or City Released Parties. B. The Fire Department and the City agree that all agents and employees who have been involved in any matters involving Mr. Brown will not make statements to employees of the Fire Department or the City or members of the public that are in any way disparaging or negative towards Mr. Brown. 11. NON -ADMISSION OF LIABILITY OR WRONGFUL CONDUCT. The Agreement shall not be constituted as an admission of any liability, wrongdoing, retaliation, or discrimination, nor shall it be considered to be evidence of such liability, wrongdoing, retaliation, or discrimination by the Parties to the Agreement, all of whom hereby affirmatively deny any wrongdoing. 12. CONFIDENTIALITY. A. The nature and terms of this Agreement are strictly confidential and they have not been and shall not be disclosed by Mr. Brown to any other person, except Mr. Brown's lawyer without the prior written consent of the Fire Department and the City, and except as necessary in any legal proceedings directly related to the provisions and terms of this Agreement, to prepare and file income tax forms, pursuant to court order after reasonable notice to the Fire Department and the City, or otherwise as required by law. B. Likewise, the Fire Department and the City have not and will not disclose the nature and terms of this Agreement at any time to any person other than Fire Department officials, City officials, lawyers, auditors, or accountants that have a legitimate business reason to know such information, except as necessary in any legal proceeding directly related to the provisions and terms of this Agreement, to prepare and file income tax or claim forms, pursuant to court order after reasonable notice to Mr. Brown, or otherwise as required by law, including, but not limited to, the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq. 13. GOVERNING LAW. This Agreement shall be interpreted under the laws of the State of Georgia. 14. SEVERABILITY. 4 Initi it / The provisions of this Agreement are severable, and if any part of this Agreement is found by a court of law to be unenforceable, the remainder of the Agreement will continue to be valid and effective. 15. SOLE AND ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the Parties. Any prior agreements between or directly involving the Parties to the Agreement are superseded by the terms of this Agreement and thus are rendered null and void. However, any noncompete agreements or prior agreements between the Parties related to inventions, business ideas, and confidentiality of corporate information remain intact. 16. NO OTHER PROMISES. Mr. Brown affirms that the only consideration for him signing this Agreement is that set forth in Paragraph 2, that no other promises or agreements of any kind have been made to or with him by any person or entity to cause him to execute this document. 17. ADVICE OF COUNSEL. Mr. Brown acknowledges both that he fully understands his right to discuss all aspects of this Agreement with his attorney and that he has been given a reasonable period of time to consider whether he should execute this Agreement. Mr. Brown acknowledges and represents that he has read this Agreement in full and, if desired with advice of his counsel, understands and voluntarily consents and agrees to each and every provision contained herein. 18. SIGNATURE. The Agreement may be signed in counterparts. 19. LEGALLY BINDING AGREEMENT. Mr. Brown understands and acknowledges that (A) this is a legally binding Agreement that includes a full release of claims; (B) by signing this Agreement, he is hereafter barred from instituting claims against the City and/or the City Released Parties in the manner and to the extent set forth herein and (C) this Agreement is final and binding. 5 Initial / PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date shown below. Date: 11 — 2o1 Date: CITY OF MILTON, GEORGIA By: JOE LOCKWOOD Title: Mayor 6 Initial t /