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Agenda Packet - CC - 06/17/2019
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 Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, June 17, 2019 City Council Meeting Agenda 6:00 PM INVOCATION – Jason Howard, Chaplain for Milton Police and Fire Care Pastor - Stonecreek Church, Milton, Georgia 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-126) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 17, 2019 Page 2 of 4 6) CONSENT AGENDA 1. Approval of the June 3, 2019 City Council Meeting Minutes. (Agenda Item No. 19-127) (Sudie Gordon, City Clerk) 2. Approval of the June 18, 2018 City Council Meeting Minutes. (Agenda Item No. 19-128) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements and Investment Report for the Period Ending April 2019. (Agenda Item No. 19-129) (Bernadette Harvill, Finance Director) 4. Approval of a Waste Removal Service Agreement between the City of Milton and BFI Waste Services, LLC dba Republic Services. (Agenda Item No. 19-130) (Jim Cregge, Parks and Recreation Director) 5. Approval of a Professional Services Agreement between the City of Milton and Davis Engineering & Surveying, LLC to Provide Surveying and Engineering for Taylor Road and Batesville Road Stormwater Intersection Improvements. (Agenda Item No. 19-131) (Sara Leaders, Interim Public Works Director) 6. Approval of the Fourth Amendment to Option and Lease Agreement with New Cingular Wireless PCS, LLC for the Cell Tower Located at 15240 Thompson Rd, Milton, Georgia to Provide for an Extension of the Terms of the Original Agreement; to Increase the Monthly Rent; to Incorporate a Thirty Percent Revenue Sharing Provision on New Subtenants; and to Include a “Signing Bonus” (Agenda Item No. 19-132) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 17, 2019 Page 3 of 4 7. Approval of the following Subdivision Plats: Name of Development / Location Action Comments / # lots Total Acres Density 1. John & Patricia Cartwright LL 767 1820 & 1840 Redd Road Minor Plat Reconfigure parcels / 2 Lots 3.709 .54 Lots / acre 2. Muirfield Park LL 606, 607, & 619 Hopewell Road Final Plat Revision Reconfigure Lot 4 / 14 Lots 22.575 .62 Lots / acre (Agenda Item No. 19-133) (Parag Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Oath of Office Recognizing New Fire Department Employees: Dakota Pruitt, Travis Long, and Robert Sells. (Mayor Joe Lockwood) 2. Proclamation Recognizing Milton High School Girls’ Lacrosse Team 2019 State Championship. (Councilmember Matt Kunz) 8) FIRST PRESENTATION 1. Consideration of an Ordinance to Add Division 4 (Electronic Records) to Chapter 2 – Administration, Article VII – Public Records. (Agenda Item No. 19-134) (Bernadette Harvill, Finance Director) 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Posh Spa LLC., d/b/a Posh Nails and Spa, 12990 Highway 9, Suite 112, Milton, Ga. 30004. (Agenda Item No. 19-135) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 17, 2019 Page 4 of 4 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. Consideration to Correct the Minutes of the December 16, 2013 Regular Meeting of the City Council and to Correct the Ordinance Approved by the City Council with Respect to Rezoning and Variance Application RZ13- 16/VC13-06 Submitted by Arrowhead Real Estate Partners in Order to Accurately Reflect the Discussion, Actions and Decisions of the City Council at the Meeting. (Agenda Item No. 19-136) (Ken Jarrard, City Attorney) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-137) MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13 , 2019 FROM: Steven Krokoff, City Manager {p AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending April 2019. MEETING DATE: Monday, June 17, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( .(APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED (,vNO (/NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF : 678.242 .2499 info@cityofmiltonga.usIwww.cityofmiltonga .us 0800 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 6, 2019 for the June 17, 2019 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 7 – April 2019 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 6.27% over what is anticipated for the seventh period of the fiscal year. Total expenditures to-date are $16,466,183 and are 5.45% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,160,603, capital expenditures-to-date total $3,633,073. Please note that the financial statements for capital related funds now include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending April 2019 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 11,850,115 70,349 166,752 (96,403) 11,718,903 11,253,847 465,056 Motor Vehicle Tax 462,045 47,995 38,187 9,808 277,716 229,123 48,593 Intangible Tax 215,000 18,424 17,917 508 99,640 107,500 (7,860) Real Estate Transfer Tax 100,000 11,023 8,333 2,690 44,965 50,000 (5,035) Franchise Fees 2,039,340 334,888 695,685 (360,797) 1,175,159 1,143,570 31,589 Local Option Sales Tax 9,100,000 807,496 758,333 49,163 4,873,416 4,550,000 323,416 Alcohol Beverage Excise Tax 310,000 26,032 25,833 199 154,283 155,000 (717) Business & Occupation Tax 810,000 171,778 40,500 131,278 746,494 810,000 (63,506) Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 40,000 - 3,332 (3,332) 45,738 23,324 22,414 Penalties & Interest 22,000 6,134 2,975 3,159 22,799 10,825 11,974 Alcohol Beverage Licenses 155,000 - 1,550 (1,550) 166,144 151,900 14,244 Other Non-Business Permits/Licenses 24,900 3,427 1,999 1,427 24,014 14,196 9,817 Zoning & Land Disturbance Permits 15,350 530 1,279 (749) 59,270 8,951 50,319 Building Permits 335,000 21,759 26,800 (5,041) 202,712 180,900 21,812 Intergovernmental Revenue - - - - - - - Other Charges for Service 505,800 41,555 38,141 3,414 305,198 313,995 (8,797) Municipal Court Fines 350,000 42,582 29,155 13,427 264,429 204,085 60,344 Interest Earnings 76,000 44,702 6,331 38,371 248,761 44,316 204,445 Contributions & Donations - 1,370 - 1,370 8,614 - 8,614 Other Revenue 79,750 13,778 3,604 10,175 46,024 22,165 23,859 Other Financing Sources 37,000 - 2,500 (2,500) 5,251 7,500 (2,249) Total Revenues 28,527,300 1,663,821 1,869,206 (205,385)20,489,526 19,281,196 1,208,331 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 178,229 8,105 10,277 (2,172) 80,376 104,314 (23,938) City Clerk 231,569 11,955 17,268 (5,313) 104,410 133,430 (29,020) City Manager 748,114 38,640 53,988 (15,349) 405,951 437,782 (31,831) General Administration 65,899 7,509 5,891 1,618 31,396 39,065 (7,669) Finance 551,705 30,700 36,639 (5,939) 311,964 354,027 (42,064) Legal 295,000 - - - 168,861 147,500 21,361 Information Technology 970,225 86,148 79,040 7,107 550,233 560,911 (10,678) Human Resources 332,177 27,485 61,472 (33,986) 168,142 208,539 (40,397) Risk Management 272,707 - 1,083 (1,083) 131,862 163,405 (31,542) General Government Buildings 222,928 17,564 18,322 (758) 114,118 131,226 (17,108) Communications 286,891 14,118 22,818 (8,700) 103,752 168,152 (64,400) Community Outreach & Engagement 128,746 8,961 9,653 (692) 69,104 75,234 (6,130) Municipal Court 457,531 26,230 36,637 (10,407) 242,421 266,584 (24,163) Police 5,115,625 330,057 357,051 (26,994) 2,767,174 3,060,036 (292,862) Fire 7,214,381 477,059 498,450 (21,391) 4,183,872 4,355,418 (171,546) Public Works 2,602,407 169,200 207,849 (38,649) 1,309,656 1,476,115 (166,459) Parks & Recreation 1,411,493 56,703 64,427 (7,723) 904,136 945,244 (41,107) Community Development 1,217,865 79,473 82,459 (2,987) 548,829 614,257 (65,428) Economic Development 220,859 14,650 8,657 5,994 132,227 144,089 (11,862) Debt Service 852,436 108,544 - 108,544 852,144 743,600 108,544 Operating Transfers to Other Funds 5,632,380 469,365 469,365 - 3,285,555 3,285,555 - Operating Reserve 233,768 - - - - - - Total expenditures 29,242,935 1,982,467 2,041,347 (58,882)16,466,183 17,414,484 (948,301) Net Income/(Loss)(715,635)(318,646)4,023,344 Fund Balance - Beginning 10,271,476 10,271,476 Fund Balance - Ending 9,555,841 14,294,820 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Rock for Rescues Vendor Fee -$ 450$ 2,603$ 2,603$ Summer Event Vendor Fee - - - - Interest Revenues - 2 14 14 Crabapple Fest Sponsor 15,000 - 13,375 (1,625) Earth Day Sponsor - - - - Summer Event Sponsor 2,000 - - (2,000) Private Entity Contributions - - - - Gas South Partnership - 123 978 978 Total revenues 17,000$ 575$ 16,970$ (30)$ EXPENDITURES Current: Special Events 104,348$ 17,463$ 61,693$ 42,655$ Total Expenditures 104,348$ 17,463$ 61,693$ 42,655$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 75,000 7,409$ 39,072 (35,928) Total other financing sources and uses 75,000$ 7,409$ 39,072$ (35,928)$ Net change in fund balances (12,348)$ (5,651)$ Fund balances - beginning 57,600 57,600 Fund balances - ending 45,252$ 51,949$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2019 3 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds - - 9,019 9,019 Interest Revenues/State Funds - - - - Interest Revenues/Federal Funds - 3 20 20 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - - 3,500 3,500 Total revenues -$ 3$ 12,539$ 12,539$ EXPENDITURES Current: Police 83,815$ -$ 8,150$ 75,665$ Total Expenditures 83,815$ -$ 8,150$ 75,665$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (83,815)$ 4,389$ Fund balances - beginning 83,820 83,820 Fund balances - ending 5$ 88,209$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2019 4 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 950,000$ 105,195$ 440,531$ (509,469)$ Total revenues 950,000$ 105,195$ 440,531$ (509,469)$ EXPENDITURES Current: Public Safety 950,000$ 105,143$ 440,531$ 509,469$ Total Expenditures 950,000$ 105,143$ 440,531$ 509,469$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects - - - - Net change in fund balances -$ -$ Fund balances - beginning 0 0 Fund balances - ending 0$ 0$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2019 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 75,000$ 7,409$ 39,072$ (35,928)$ Total revenues 75,000$ 7,409$ 39,072$ (35,928)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 75,000$ 7,409$ 39,072$ (35,928)$ Total other financing sources and uses 75,000$ 7,409$ 39,072$ (35,928)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2019 6 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 110,000$ 22,864$ 62,083$ 62,083$ (47,917)$ Infrastructure Maint Penalty & Interest - - - 366 366 366 Sidewalk Replacement Account - - - - - - Paving Fund - - - - - - Traffic Calming - - - 8,700 8,700 8,700 Tree Recompense - - 94 3,755 3,755 3,755 Landfill Host Fees 150,000 150,000 13,035 24,692 24,692 (125,308) Interest Revenue - - 17 229 229 229 Realized Gain or Loss on Investments - - - - - - Cell Tower Lease 79,404 79,404 8,424 48,476 48,476 (30,928) Insurance Proceeds/Public Safety - - - 8,175 8,175 8,175 Total revenues 339,404$ 339,404$ 44,433$ 156,476$ 156,476$ (182,928)$ EXPENDITURES Capital Outlay City Council 909,494$ 909,494$ 1,306$ 1,306$ 1,306$ 908,188$ General Admin 13,762 13,762 - - - 13,762 Finance 250,000 250,000 - - - 250,000 IT 462,824 462,824 - 396,381 454,690 8,133 General Govt Bldg 482,739 482,739 - 482,739 482,739 - Police 250,644 250,644 2,885 242,796 242,796 7,848 Fire 1,684,088 1,747,965 6,934 582,812 1,758,407 (10,441) Public Works 7,081,087 7,081,087 842,532 1,782,106 5,384,129 1,696,957 Parks & Recreation 1,350,420 1,350,420 958 112,391 240,262 1,110,158 Community Development 611,668 611,668 810 32,540 442,832 168,836 Total Capital Outlay 13,096,726$ 13,160,603$ 855,424$ 3,633,073$ 9,007,162$ 4,153,441$ Excess of revenues over expenditures (12,757,322)$ (12,821,199)$ (810,991)$ (3,476,597)$ (8,850,686)$ (4,336,369)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 5,332,380$ 5,332,380$ 444,365$ 3,110,555$ 3,110,555$ (2,221,825)$ Contingencies (164,048) (100,171) - - - 100,171 Total other financing sources and uses 5,168,332$ 5,232,209$ 444,365$ 3,110,555$ 3,110,555$ (2,121,654)$ Net change in fund balances (7,588,990)$ (7,588,990) (366,042)$ (5,740,131)$ Fund balances - beginning 7,587,016 7,587,016 7,587,016 7,587,016 Fund balances - ending (1,974)$ (1,974)$ 7,220,974$ 1,846,884$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2019 7 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,671,839$ 8,662$ 1,749,746$ 1,749,746$ 77,907$ Real Property Tax-Prior Year - 146 154 154 154 Public Utility Tax-Current Year - 1,345 13,208 13,208 13,208 Personal Property Tax-Current Year 28,684 372 28,193 28,193 (491) Personal Property Tax-Prior Year - 14 50 50 50 Motor Vehicle Tax 8,903 881 5,697 5,697 (3,206) Penalties & Interest - Real Property - 576 2,398 2,398 2,398 Penalties & Interest - Personal Property - 10 106 106 106 Intergovernmental Revenues - - - - - Interest Revenue (Regions)100,000 33,831 200,846 200,846 100,846 Interest Revenue (SunTrust)- 1 162 162 162 Bond Proceeds - - - - - Total revenues 1,809,426$ 45,837$ 2,000,561$ 2,000,561$ 191,135$ EXPENDITURES Capital Outlay Parks & Recreation 20,359,167$ 1,401,737$ 5,236,472$ 5,252,259$ 15,106,909$ Bond Principal 810,000 810,000 810,000 810,000 - Bond Interest 899,375 449,688 899,375 899,375 - Total Capital Outlay 22,068,542$ 2,661,425$ 6,945,847$ 6,961,634$ 15,122,696$ Excess of revenues over expenditures (20,259,116)$ (2,615,588)$ (4,945,285)$ (4,961,072)$ 15,313,831$ Net change in fund balances (20,259,116)$ (4,945,285)$ (4,961,072)$ Fund balances - beginning 20,860,987 20,860,987 20,860,987 Fund balances - ending 601,871$ 15,915,701$ 15,899,914$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2019 8 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,000,000$ 546,763$ 3,349,713$ 3,349,713$ (2,650,287) Interest Revenues - 71 376 376 376 Realized Gain or Loss (GA Fund 1)10,800 18,356 113,346 113,346 102,546 Total revenues 6,010,800$ 565,190$ 3,463,435$ 3,463,435$ (2,547,365)$ EXPENDITURES Capital Outlay Public Works 12,369,842$ 40,139$ 326,479$ 3,674,164$ 8,695,678 Total Capital Outlay 12,369,842$ 40,139$ 326,479$ 3,674,164$ 8,695,678$ Excess of revenues over expenditures (6,359,042)$ 525,051$ 3,136,956$ (210,729)$ 6,148,313$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (6,359,042)$ 3,136,956$ (210,729)$ Fund balances - beginning 8,631,592 8,631,592 8,631,592 Fund balances - ending 2,272,551$ 11,768,548$ 8,420,863$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2019 9 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 162,350$ -$ -$ -$ (162,350)$ GDOT TAP (Big Creek Greenway)- - - - - LMIG Funds 405,528 - 405,528 405,528 0 GDOT HPP Funds - - - - - GDOT-Signage/Landscaping - - - - - Interest Revenues - 26 149 149 149 Total revenues 567,878$ 26$ 405,677$ 405,677$ (162,200)$ EXPENDITURES Capital Outlay Public Works 1,116,514$ -$ 36,301$ 512,917$ 603,596$ Parks & Recreation - - - 4,550 (4,550) Total Capital Outlay 1,116,514$ -$ 36,301$ 517,467$ 599,046$ Excess of revenues over expenditures (548,636)$ 26$ 369,376$ (111,790)$ 436,846$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 300,000$ 25,000$ 175,000$ 175,000$ (125,000)$ Total other financing sources and uses 300,000$ 25,000$ 175,000$ 175,000$ (125,000)$ Net change in fund balances (248,636)$ 544,376$ 63,210$ Fund balances - beginning 248,602 248,602 248,602 Fund balances - ending (34)$ 792,978$ 311,812$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2019 10 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 27,000$ 3,490$ 21,115$ 21,115$ (5,885)$ Law Enforcement Fund 13,000 1,517 8,916 8,916 (4,084) Fire Fund 72,500 8,677 51,076 51,076 (21,424) Road Fund 120,000 19,123 72,035 72,035 (47,965) Park Fund 650,000 87,011 571,789 571,789 (78,211) Interest Revenues/Admin Fund - 3 18 18 18 Interest Revenues/Law Enforcement Fund - 1 7 7 7 Interest Revenues/Fire Fund - 6 42 42 42 Interest Revenues/Road Fund - 14 59 59 59 Interest Revenues/Park Fund - 62 477 477 477 Total revenues 882,500$ 119,904$ 725,534$ 725,534$ (156,966)$ EXPENDITURES General Government Buildings 57,967$ -$ -$ -$ 57,967$ Police - - - - - Fire 237,926 - - 40,252 197,674 Public Works 208,778 - - - 208,778 Parks & Recreation 2,081,985 - 12,760 12,760 2,069,225 Total Capital Outlay 2,586,655$ -$ 12,760$ 53,012$ 2,533,644$ Excess of revenues over expenditures (1,704,155)$ 119,904$ 712,774$ 672,522$ 2,376,677$ OTHER FINANCING SOURCES (USES) Transfer Out to General Fund/Admin (27,000) - - - 27,000 Total other financing sources and uses (27,000)$ -$ -$ -$ 27,000$ Net change in fund balances (1,731,155)$ 712,774$ 672,522$ Fund balances - beginning 1,877,503 1,877,503 1,877,503 Fund balances - ending 146,348$ 2,590,277$ 2,550,025$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2019 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - - - - Contributions & Donations - - - - - Total revenues -$ -$ -$ -$ -$ EXPENDITURES Capital Outlay General Government Buildings 15,000,000$ 5,303$ 11,249$ 524,852$ 14,475,148$ Fire 2,000,000 - - - 2,000,000 Bond Principal - - - - - Bond Interest - - - - - Total Capital Outlay 17,000,000$ 5,303$ 11,249$ 524,852$ 16,475,148$ Excess of revenues over expenditures (17,000,000)$ (5,303)$ (11,249)$ (524,852)$ 16,475,148$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds 17,000,000 - - - (17,000,000) Total other financing sources and uses 17,000,000$ -$ -$ -$ (17,000,000)$ Net change in fund balances -$ (11,249)$ (524,852)$ Fund balances - beginning 0 0 0 Fund balances - ending 0$ (11,249)$ (524,852)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2019 12 of 13 Amount Percent Yield Money Market - Quantum Bank 7,262,937 23%2.52% GA Fund 1 14,763,831 47%2.45% GA Fund 1 (TSPLOST)9,142,958 29%2.45% Grand Total Investment Portfolio 31,169,726 100% Current Month YTD Current Month YTD Interest earned 44,675 247,779 18,356 113,346 Budgeted interest 6,250 43,750 900 6,300 Variance over/(under)38,425 204,029 17,456 107,046 General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending April 30, 2019 13 of 13 MILTON .. TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: June 13, 2019 Steven Krokoff, City Manager (}) Approval of a Waste Removal Service Agreement between the City of Milton and BFI Waste Services, LLC dba Republic Services. Monday, June 17, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( J/4.PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (~ES ( ) NO CITY ATTORNEY REVIEW REQUIRED: (.,{YES () NO APPROVAL BY CITY ATTORNEY: ( /4PPROVED ( ) NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA . P: 678.242.2500 I F: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 08 00 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on June 5, 2019 for the June 17, 2019 Regular Council Meeting Agenda Item: Approval of a Waste Removal Service Agreement between The City of Milton and BFI Waste Services, LLC dba Republic Services. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Waste Removal Service Agreement between The City of Milton and BFI Waste Services, LLC dba Republic Services. Executive Summary: BFI Waste Services has ben selected to provide trash and recycling waste removal at Bell Memorial Park. They have already been providing trash removal service at the former Milton Country Club and at City Hall. By combining Bell Memorial Park and the former Milton Country Club under a single consolidated agreement, we qualify for a discount that will save the City approximately $120/month. Funding and Fiscal Impact: The volume pricing saves over $1,400 annually and also helps to reduce our fee to Tri-Scapes, LLC which had been providing the service from another vendor. Alternatives: If this contract is not approved, we will have to research to find another waste removal service provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, May 30, 2019 Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Republic Services Proposal for waste removal services at the former Milton Country Club between The City of Milton and Republic Services. 2) Republic Services Proposal for waste removal services at Bell Memorial Park between The City of Milton and Republic Services. 3) Agreement Supplement between The City of Milton and Republic Services. Agreement Supplement 1. Priority of Supplement: This Supplement is attached to each Customer Service Agreement (“Agreement”) between the City of Milton, Georgia (“Customer”) and BFI Waste Services, LLC D/B/A Republic Services of Georgia (“Company”). The provisions of the Supplement control over any contrary provisions found in the Agreement. 2. Statutory Auto-Termination and Renewal: As required by O.C.G.A. § 36-60-13(a), during the initial term and any renewal term, the Agreement shall terminate absolutely and without further obligation on the part of Customer on December 31 each calendar year, and shall automatically renew on January 1 of each subsequent calendar year of the applicable term, absent Customer’s provision of written notice of non-renewal to Company at least thirty (30) days prior to the end of the then-current calendar year. Title to any supplies, materials, equipment, or other personal property (if any should transfer under the Agreement) shall remain in Company until fully paid for by Customer. 3. Rate Adjustments: As required by O.C.G.A. § 36-60-13(a), if, due to rate or fee increases (other than fees charged for late or improper payment by Customer), Customer’s regular monthly obligation under the Agreement increases by more than 25% above the amount stated in the Agreement, Customer may terminate the Agreement for convenience and without further payment obligation by providing notice to Company 60 days in advance of termination. 4. Services: Customer’s grant to Company of the exclusive right to collect, transport, and dispose of or recycle all of Customer’s Waste Materials will only apply to the locations stated in the Agreement and not to all locations maintained by Customer. 5. Sovereign Immunity; Personal Liability; Indemnification: Nothing contained in the Agreement shall be construed to be a waiver of Customer’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 Customer’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. To the extent the Agreement imposes a contractual duty of indemnification upon the Customer, such duty shall apply only to the extent, if any, allowed by law, and then only to the extent of Customer’s fault or wrongdoing. 6. Agreement Modifications: Modifications to the Agreement will only be effective if in writing and signed by a duly authorized representative of each party. 7. No Right of First Refusal or Attorneys’ Fees: The provisions in the Agreement titled “Right of First Refusal” and “Attorneys’ Fees” are removed. 8. Notice: Notice to either party shall be deemed effective on the date of receipt. 9. Choice of Law; Venue: The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia. 10. Ethics: Company and Customer acknowledge that it is prohibited for any person to offer, give, or agree to give any City of Milton 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. Company and Customer further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-contractor under a contract to the prime contractor or higher tier sub-contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. 11. 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, Company agrees that, during performance of this Agreement, Company, 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, Company 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. 12. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit: Pursuant to O.C.G.A. § 13- 10-91, Customer shall not enter into a contract for the physical performance of services unless Company shall provide evidence on the 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 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. Company hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “A”, and submitted such affidavit to Customer. Further, Company 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 Company employs or contracts with any subcontractor(s) in connection with the Agreement, Company 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 Company/subcontractor agreement. If a subcontractor affidavit is obtained, Company agrees to provide a completed copy to Customer within five (5) business days of receipt from any subcontractor. Company and Company’s subcontractors shall retain all documents and records of their respective verification process for a the greater of: (a) a period of one (1) year following completion of the contract, or (b) three (3) years after the date of hire. Company agrees that the employee-number category designated below is applicable to it: ____ 500 or more employees ____ 100 or more employees ____ Fewer than 100 employees Company hereby agrees that, in the event Company employs or contracts with any subcontractor(s) in connection with the Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Company 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. COMPANY Signature: ___________________________________ Print Name: _____________________________ Title: __________________________________ Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest/Witness: Signature: ________________________________ Sudie Gordon, City Clerk Approved as to form: _______________________________ City Attorney 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 BFI Waste Services, LLC D/B/A Republic Services of Georgia Name of Contractor Waste and Recycling Pickup Services 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 BFI Waste Services, LLC D/B/A Republic Services of Georgia on behalf of 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 Waste and Recycling Pickup 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: ______________________________ 6/3/2019 JIM CREGGE CITY OF MILTON ATHLETIC CLUB 1785 DINSMORE RD ALPHARETTA, GA 30004 Quote: A194430392 CITY OF MILTON: Below is our proposal of recommended services, customized for your business needs identified during our discussions. If you ever need additional services, or just need an extra pickup, please give us a call at 678-963-2800. It's that easy. Service Details SMALL CONTAINERS Price Adjustment Equipment Qty/Type/Size:1 - 8.0 yard Container Base Rate:$109.99 per month Frequency:1/week Material Type:Solid Waste Estimated Monthly Amount * Small Container Base Rates $109.99 Additional Monthly Items 1 - Container Refresh Program $9.00 Total Fuel/ Environmental Recovery Fees**$38.06 Total Estimated Amount $157.05 Ruchi Nagda Republic Services rnagda@republicservices.com www.republicservices.com * The Total Estimated Amount is merely an estimate of your typical monthly invoice amount without one-time start-up charges (e.g., delivery). It does not include any applicable taxes or local fees, which would be additional charges on your invoice. ** FRF, ERF & ADMIN: The Fuel Recovery Fee (FRF) is a variable charge that changes monthly. For more information on the FRF, Environmental Recovery Fee (ERF) and Administrative Fee, please visit the links available on the Bill Pay page of our website, www.republicservices.com. The proposed rates above are valid for 60 days. This proposal is not a contract or agreement or an offer to enter into a contract or agreement. The purpose of this proposal is to set forth the proposed framework of service offerings and rates and fees for those offerings. Any transaction based upon this proposal is subject to and conditioned upon the execution by both parties of Republic Services' Customer Service Agreement. PROPOSAL (TRASH) INVOICE TO CUSTOMER NAME CITY OF MILTON ATTN:JIM CREGGE ADDRESS 2006 HERITAGE WALK CITY MILTON, GA STATE ZIP CODE 30004-5892 TEL. NO.(678) 414-7549 FAX NO. SITE LOCATION SITE NAME CITY OF MILTON ATHLETIC CLUB ADDRESS 1785 DINSMORE RD CITY ALPHARETTA, GA STATE ZIP CODE 30004 TEL. NO.(678) 242-2489 FAX NO. AUTHORIZED BY: JIM CREGGE TITLE CONTACT JIM CREGGE TITLE Customer Service Agreement AGREEMENT NUMBER A194430392 ACCOUNT NUMBER 800-208426 EMAIL jim.cregge@cityofmiltonga.us N/O CONT. GRP TYPE SIZE C QTY ACCT. TYPE C/O SERV. FREQUENCY EST. LIFTS S P.O. REQ RECPT. REQ L/F CODE OPEN/ CLOSE DATE LIFT CHARGE MONTHLY SERVICE EXTRA LIFT DISP RATE ADDITIONAL CHARGES ONE TIME CHARGES TC/RC CMP N 1 FL 8.0 Yd(s) N 1 P N 1/1/W N MD01 6/1/2019 $109.99 $174.90 Container Refresh $9.00 Delivery Exchange Extra Yds Relocate Removal $174.90 $200.00 $66.00 $174.90 $174.90 O 1 FL 8.0 Yd(s)N 1 P N 1/1/W N MD01 5/31/2019 $110.00 $174.90 BFI Waste Services, LLC DBA Republic Services of Georgia HEREINAFTER REFERRED TO AS THE "COMPANY" The undersigned individual signing this Agreement on behalf of the Customer acknowledges that he or she has read and understands the terms and conditions of this Agreement and that he or she has the authority to sign the Agreement on behalf of the Customer. BY: TITLE: (AUTHORIZED SIGNATURE) BY: TITLE: (AUTHORIZED SIGNATURE) CUSTOMER NAME (PLEASE PRINT) DATE OF AGREEMENT COMMENTS Delivery Notes: Safety: No Safety Concerns Fuel Recovery Fee - Yes , Environmental Recovery Fee - Yes , Administrative Fee - No Exempt From: Administrative Fee Rate Firm Until 06/2020 Increase 15% 06/2020 Increase 15% 06/2021 TERMS AND CONDITIONS SERVICES. Customer grants to Company the exclusive right to collect, transport, and dispose of or recycle all of Customer’s non hazardous solid waste materials (including Recyclable Materials) (collectively, “Waste Materials”), and Company agrees to furnish such services as permitted by Applicable Laws. TERM. THE INITIAL TERM OF THIS AGREEMENT SHALL START ON THE DATE ON WHICH SERVICE UNDER THIS AGREEMENT COMMENCES AND CONTINUE FOR 36 MONTHS. THEREAFTER, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE 36 MONTH TERMS UNLESS EITHER PARTY GIVES WRITTEN NOTICE OF TERMINATION TO THE OTHER AT LEAST 60 DAYS BEFORE THE END OF THE THEN CURRENT TERM. WASTE MATERIALS. The Waste Materials shall not contain any hazardous materials, wastes or substances; toxic substances, wastes or pollutants; contaminants; pollutants; infectious wastes; medical wastes; or radioactive wastes (collectively, “Excluded Waste”), each as defined by applicable federal, state or local laws or regulations (collectively, “Applicable Laws”). CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, SUITS, PENALTIES, FINES, REMEDIATION COSTS, AND LIABILITIES (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES) (COLLECTIVELY, “LOSSES”) RESULTING FROM THE INCLUSION OF EXCLUDED WASTE IN THE WASTE MATERIALS. TITLE. Company shall acquire title to Waste Materials when they are loaded into Company’s truck. Title to and liability for any Excluded Waste shall remain with Customer and shall at no time pass to Company. CONTINUED ON NEXT PAGE TERMS AND CONDITIONS (Continued from previous page) PAYMENT. Customer shall pay Company for the services and equipment furnished by Company at the rates provided in this Agreement. Customer shall pay all taxes, fees and other governmental charges assessed against or passed through to Company (other than income or real property taxes). Customer shall pay such fees as the Company may impose from time to time by notice to Customer (including, by way of example only, late payment fees, administrative fees and environmental fees), with Company to determine the amounts of such fees in its discretion up to the maximum amount allowed by Applicable Law. Without limiting the foregoing, Customer shall pay Company: (a) a fee of $50 (which Company may increase from time to time by notice to Customer) for each check submitted by Customer that is an insufficient funds check or is returned or dishonored; (b) fuel/environmental recovery fees in the amount shown on each of Company’s invoices, which amount Company may increase or decrease from time to time by showing the amount on the invoice; and (c) a late payment fee of 1.5% per month of the amount past due. Customer shall pay Company within 20 days after the date of Company’s invoice. At any time after Company becomes concerned about Customer’s creditworthiness or after Customer has made any late payment, Company may request, and if requested Customer shall pay, a deposit in an amount equal to one month’s charges under this Agreement. RATE ADJUSTMENTS. Company may, from time to time by notice to Customer, increase the rates provided in this Agreement to adjust for any increase in: (a) disposal costs; (b) transportation costs due to a change in location of Customer or the disposal or recycling facility used by Company; (c) the Consumer Price Index for All Urban Consumers (Water, Sewer and Trash Collection Services), U.S. City Average; (d) the average weight per cubic yard of Customer’s Waste Materials above the number of pounds per cubic yard upon which the rates provided in this Agreement are based as indicated on the cover page of this Agreement; (e) recycling sorting, processing and related costs; (f) costs related to Customer’s failure to separate Recyclable Materials from other Waste Materials, the contamination of the Recyclable Materials, or other decreases in the value of the Recyclable Materials; or (g) Company’s costs due to changes in Applicable Laws. Company may increase rates for reasons other than those set forth above with Customer’s consent, which may be evidenced verbally, in writing or by the parties’ actions and practices. SERVICE CHANGES. The parties may change the type, size or amount of equipment, the type or frequency of service, and correspondingly the rates by agreement of the parties, which may be evidenced verbally, in writing or by the parties’ actions and practices. This Agreement shall apply to any change of location of Customer within the area in which Company provides collection and disposal services. RECYCLABLE MATERIALS. This section applies in the event Company has expressly agreed to remove and transport Recyclable Materials (material that Company determines can be recycled typically including, without limitation, aluminum cans (UBC – Used Beverage Containers), cardboard (free of wax), ferrous metal cans, mixed office paper, newspaper and plastics containers) to a material recovery facility, recycling center or similar facility. Customer agrees that Company in its sole discretion may determine any single load is contaminated and may refuse to collect it or may charge Customer for any additional costs, including (but not limited to) sorting, processing, transportation and disposal costs. Customer shall comply with all Applicable Laws regarding the separation of solid waste from Recyclable Materials and use of its best efforts to not place items in the container that may result in the decrease in the value of Recyclable Materials or make the Recyclable Materials unsuitable for recycling. RESPONSIBILITY FOR EQUIPMENT; ACCESS. Any equipment Company furnishes shall remain Company’s property. Customer shall be liable for all loss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Company’s handling of the equipment). Customer shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move or alter the equipment. If a Company container is moved from Customer’s service address by anyone other than Company, Customer agrees to pay Company $250 per moved container, which amount is a reasonable estimate of the damage Company will incur from the unauthorized moving of its container. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FROM AND AGAINST ALL LOSSES ARISING FROM ANY INJURY OR DEATH TO PERSONS OR LOSS OR DAMAGE TO PROPERTY (INCLUDING THE EQUIPMENT) ARISING OUT OF CUSTOMER’S USE, OPERATION OR POSSESSION OF THE EQUIPMENT. Customer shall provide safe, unobstructed access to the equipment on the scheduled collection day. Company may charge an additional fee for any additional collection service required by Customer’s failure to provide access. DAMAGE TO PAVEMENT. Company shall not be responsible for any damages to Customer’s pavement, curbing or other driving surfaces resulting from Company’s providing service at Customer’s location. SUSPENSION. If any amount due from Customer is not paid within 60 days after the date of Company’s invoice, Company may, without notice and without terminating this Agreement, suspend collecting and disposing of Waste Materials until Customer has paid such amount to Company. If Company suspends service, Customer shall pay Company a service interruption fee in an amount determined by Company in its discretion up to the maximum amount allowed by Applicable Law. TERMINATION. In addition to its above suspension rights, Company may terminate this Agreement immediately by written notice to Customer if (a) any of the information contained in any credit application submitted to Company in connection with this Agreement is untrue or (b) Customer breaches this Agreement and fails to cure such breach within 10 days after Company gives Customer written notice of the breach. Company’s failure to suspend service or terminate this Agreement when Customer fails to timely pay or otherwise breaches this Agreement shall not constitute a waiver of Company’s right to suspend service or terminate this Agreement for any future failure to pay or other breach. PAYMENT UPON TERMINATION. If Customer terminates this Agreement before its expiration other than as a result of a breach by Company, or if Company terminates this Agreement as a result of a breach by Customer (including nonpayment), Customer shall pay Company an amount equal to the most recent month’s monthly charges multiplied by the lesser of (a) six months or (b) the number of months remaining in the term. Customer acknowledges that in the event of such a termination, actual damages to Company would be uncertain and difficult to ascertain, such amount is the best, reasonable and objective estimate of the actual damages to Company, such amount does not constitute a penalty, and such amount is reasonable under the circumstances. Any amount payable under this paragraph shall be in addition to amounts already owing under this Agreement. RIGHT TO FIRST REFUSAL. Customer agrees to notify Company in writing of any offer that Customer receives from any third party relating to the provision of any permanent or temporary collection, disposal or recycling services during the Term of this Agreement (“Offer”) and agrees to give Company the right of first refusal and reasonable opportunity to match such Offer. ASSIGNMENT. Customer shall not assign this Agreement without Company’s prior written consent, which Company shall not unreasonably withhold. Company may assign this Agreement without Customer’s consent. EXCUSED PERFORMANCE. Except for Customer’s obligation to pay amounts due to Company, any failure or delay in performance due to contingencies beyond a party’s reasonable control, including strikes, riots, terrorist acts, compliance with Applicable Laws or governmental orders, fires and acts of God, shall not constitute a breach of this Agreement. ATTORNEYS’ FEES. If any litigation is commenced under this Agreement, the successful party shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys’ fees, expert witness fees, litigation related expenses, and court or other costs incurred in such litigation or proceeding. COMMUNICATIONS. To ensure timely and accurate receipt of communications, all communications to Company regarding this Agreement and/or the Services must come directly from Customer. Customer acknowledges that Company will not accept any communications from any third parties acting as the Customer’s agent or representative (absent proof of medical necessity as reasonably determined by Company). All notices to Company shall be in writing, shall be sent prepaid certified or overnight mail, return receipt requested, and must be received by Company. Any notice related to this contract will be deemed effective 60 days from the return receipt date. MISCELLANEOUS. If service to Customer includes Container Refresh, Customer is limited to requesting one exchange of each participating container every twelve months of paid enrollment; any additional exchange is subject to Company’s standard container exchange fee. Customer agrees that during any enrollment year in which Customer receives an exchange under the program, any service change request by Customer to cancel Container Refresh will not be effective until Customer completes payment for twelve (12) consecutive months of enrollment in the program. Company reserves the right, in its sole discretion, to suspend or cancel the Container Refresh program. This Agreement sets forth the entire agreement of the parties and supersedes all prior agreements, whether written or oral, that exist between the parties regarding the subject matter of this Agreement. Company shall have no confidentiality obligation with respect to any Waste Materials. This Agreement shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall be modified so as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. Customer and Company agree that electronic signatures are valid and effective, and that an electronically stored copy of this Agreement constitutes proof of the signature and contents of this Agreement, as though it were an original. CUSTOMER'S INITIAL: DATE: 6/3/2019 JIM CREGGE CITY OF MILTON PARKS & RECREATION 15245 BELL PARK RD MILTON, GA 30004 Quote: A194344198 CITY OF MILTON: Below is our proposal of recommended services, customized for your business needs identified during our discussions. If you ever need additional services, or just need an extra pickup, please give us a call at 678-963-2800. It's that easy. Service Details SMALL CONTAINERS Equipment Qty/Type/Size: Frequency: Material Type: 1 - 8 yard Container 1/Week Solid Waste Base Rate: $110.00 per month Equipment Qty/Type/Size: Frequency: Material Type: 1 - 8 yard Container 1/Week All in One - Single stream Base Rate: $85.00 per month Estimated Monthly Amount * Small Container Base Rates $195.00 Additional Monthly Items 1 - Recycling Processing Charge (1.65/yard x 34.64 Monthly Yards) $57.16 1 - Container Refresh Program $9.00 Total Fuel/ Environmental Recovery Fees**$83.53 Total Estimated Amount $335.69 One Time Charges Delivery Charge Subtotal $367.30 Valued Customer Discount - Delivery -$167.30 Total Fuel/ Environmental Recovery Fees**$63.97 Total One-Time Amount $263.97 Ruchi Nagda Republic Services rnagda@republicservices.com www.republicservices.com * The Total Estimated Amount is merely an estimate of your typical monthly invoice amount without one-time start-up charges (e.g., delivery). It does not include any applicable taxes or local fees, which would be additional charges on your invoice. PROPOSAL (TRASH) (RECYCLING) ** FRF, ERF & ADMIN: The Fuel Recovery Fee (FRF) is a variable charge that changes monthly. For more information on the FRF, Environmental Recovery Fee (ERF) and Administrative Fee, please visit the links available on the Bill Pay page of our website, www.republicservices.com. The proposed rates above are valid for 60 days. This proposal is not a contract or agreement or an offer to enter into a contract or agreement. The purpose of this proposal is to set forth the proposed framework of service offerings and rates and fees for those offerings. Any transaction based upon this proposal is subject to and conditioned upon the execution by both parties of Republic Services' Customer Service Agreement. PROPOSAL INVOICE TO CUSTOMER NAME CITY OF MILTON ATTN:JIM CREGGE ADDRESS 2006 HERITAGE WALK CITY MILTON, GA STATE ZIP CODE 30004-5892 TEL. NO.(678) 414-7549 FAX NO. SITE LOCATION SITE NAME CITY OF MILTON PARKS & RECREATION ADDRESS 15245 BELL PARK RD CITY MILTON, GA STATE ZIP CODE 30004 TEL. NO.(678) 242-2489 FAX NO. AUTHORIZED BY: JIM CREGGE TITLE CONTACT JIM CREGGE TITLE Customer Service Agreement AGREEMENT NUMBER A194344198 ACCOUNT NUMBER 800-208426 EMAIL jim.cregge@cityofmiltonga.us N/O CONT. GRP TYPE SIZE C QTY ACCT. TYPE C/O SERV. FREQUENCY EST. LIFTS S P.O. REQ RECPT. REQ L/F CODE OPEN/ CLOSE DATE LIFT CHARGE MONTHLY SERVICE EXTRA LIFT DISP RATE ADDITIONAL CHARGES ONE TIME CHARGES TC/RC CMP N FL 8.00Yd(s) N 1 P N 1/1/W N MD01 6/1/2019 $110.00 $192.39 Container Refresh $9.00 Delivery Exchange Extra Yds Relocate Removal $183.65 $200.00 $72.60 $192.39 $192.39 N FR 8.00Yd(s) N 1 P N 1/1/W N AB00 6/1/2019 $85.00 $192.39 Delivery Exchange Extra Yds Relocate Removal $183.65 $200.00 $72.60 $192.39 $192.39 BFI Waste Services, LLC DBA Republic Services of Georgia HEREINAFTER REFERRED TO AS THE "COMPANY" The undersigned individual signing this Agreement on behalf of the Customer acknowledges that he or she has read and understands the terms and conditions of this Agreement and that he or she has the authority to sign the Agreement on behalf of the Customer. BY: TITLE: (AUTHORIZED SIGNATURE) BY: TITLE: (AUTHORIZED SIGNATURE) CUSTOMER NAME (PLEASE PRINT) DATE OF AGREEMENT COMMENTS Valued Customer Discount - Delivery for 1 container FL 8.00 yard - $83.65 Valued Customer Discount - Delivery for 1 container FR 8.00 yard - $83.65 Delivery Notes: Safety: No Safety Concerns WASTE CONTAINER 8 CU YD - please deliver containers in the enclosure... Call Jim for assist 770-843-9966 RECYCLE CONTAINER 8 CU YD - place the containers in the enclosure Additional Items: Monthly charge of $57.16 for 1 Recycling Processing Charge (1.65/yard x 34.64 Monthly Yards) Fuel Recovery Fee - Yes , Environmental Recovery Fee - Yes , Administrative Fee - No Exempt From: Administrative Fee Rate Firm Until 05/2020 Increase 15% 05/2020 Increase 15% 05/2021 TERMS AND CONDITIONS SERVICES. Customer grants to Company the exclusive right to collect, transport, and dispose of or recycle all of Customer’s non hazardous solid waste materials (including Recyclable Materials) (collectively, “Waste Materials”), and Company agrees to furnish such services as permitted by Applicable Laws. TERM. THE INITIAL TERM OF THIS AGREEMENT SHALL START ON THE DATE ON WHICH SERVICE UNDER THIS AGREEMENT COMMENCES AND CONTINUE FOR 36 MONTHS. THEREAFTER, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE 36 MONTH TERMS UNLESS EITHER PARTY GIVES WRITTEN NOTICE OF TERMINATION TO THE OTHER AT LEAST 60 DAYS BEFORE THE END OF THE THEN CURRENT TERM. WASTE MATERIALS. The Waste Materials shall not contain any hazardous materials, wastes or substances; toxic substances, wastes or pollutants; contaminants; pollutants; infectious wastes; medical wastes; or radioactive wastes (collectively, “Excluded Waste”), each as defined by applicable federal, state or local laws or regulations (collectively, “Applicable Laws”). CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, SUITS, PENALTIES, FINES, REMEDIATION COSTS, AND LIABILITIES (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES) (COLLECTIVELY, “LOSSES”) RESULTING FROM THE INCLUSION OF EXCLUDED WASTE IN THE WASTE MATERIALS. TITLE. Company shall acquire title to Waste Materials when they are loaded into Company’s truck. Title to and liability for any Excluded Waste shall remain with Customer and shall at no time pass to Company. CONTINUED ON NEXT PAGE TERMS AND CONDITIONS (Continued from previous page) PAYMENT. Customer shall pay Company for the services and equipment furnished by Company at the rates provided in this Agreement. Customer shall pay all taxes, fees and other governmental charges assessed against or passed through to Company (other than income or real property taxes). Customer shall pay such fees as the Company may impose from time to time by notice to Customer (including, by way of example only, late payment fees, administrative fees and environmental fees), with Company to determine the amounts of such fees in its discretion up to the maximum amount allowed by Applicable Law. Without limiting the foregoing, Customer shall pay Company: (a) a fee of $50 (which Company may increase from time to time by notice to Customer) for each check submitted by Customer that is an insufficient funds check or is returned or dishonored; (b) fuel/environmental recovery fees in the amount shown on each of Company’s invoices, which amount Company may increase or decrease from time to time by showing the amount on the invoice; and (c) a late payment fee of 1.5% per month of the amount past due. Customer shall pay Company within 20 days after the date of Company’s invoice. At any time after Company becomes concerned about Customer’s creditworthiness or after Customer has made any late payment, Company may request, and if requested Customer shall pay, a deposit in an amount equal to one month’s charges under this Agreement. RATE ADJUSTMENTS. Company may, from time to time by notice to Customer, increase the rates provided in this Agreement to adjust for any increase in: (a) disposal costs; (b) transportation costs due to a change in location of Customer or the disposal or recycling facility used by Company; (c) the Consumer Price Index for All Urban Consumers (Water, Sewer and Trash Collection Services), U.S. City Average; (d) the average weight per cubic yard of Customer’s Waste Materials above the number of pounds per cubic yard upon which the rates provided in this Agreement are based as indicated on the cover page of this Agreement; (e) recycling sorting, processing and related costs; (f) costs related to Customer’s failure to separate Recyclable Materials from other Waste Materials, the contamination of the Recyclable Materials, or other decreases in the value of the Recyclable Materials; or (g) Company’s costs due to changes in Applicable Laws. Company may increase rates for reasons other than those set forth above with Customer’s consent, which may be evidenced verbally, in writing or by the parties’ actions and practices. SERVICE CHANGES. The parties may change the type, size or amount of equipment, the type or frequency of service, and correspondingly the rates by agreement of the parties, which may be evidenced verbally, in writing or by the parties’ actions and practices. This Agreement shall apply to any change of location of Customer within the area in which Company provides collection and disposal services. RECYCLABLE MATERIALS. This section applies in the event Company has expressly agreed to remove and transport Recyclable Materials (material that Company determines can be recycled typically including, without limitation, aluminum cans (UBC – Used Beverage Containers), cardboard (free of wax), ferrous metal cans, mixed office paper, newspaper and plastics containers) to a material recovery facility, recycling center or similar facility. Customer agrees that Company in its sole discretion may determine any single load is contaminated and may refuse to collect it or may charge Customer for any additional costs, including (but not limited to) sorting, processing, transportation and disposal costs. Customer shall comply with all Applicable Laws regarding the separation of solid waste from Recyclable Materials and use of its best efforts to not place items in the container that may result in the decrease in the value of Recyclable Materials or make the Recyclable Materials unsuitable for recycling. RESPONSIBILITY FOR EQUIPMENT; ACCESS. Any equipment Company furnishes shall remain Company’s property. Customer shall be liable for all loss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Company’s handling of the equipment). Customer shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move or alter the equipment. If a Company container is moved from Customer’s service address by anyone other than Company, Customer agrees to pay Company $250 per moved container, which amount is a reasonable estimate of the damage Company will incur from the unauthorized moving of its container. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FROM AND AGAINST ALL LOSSES ARISING FROM ANY INJURY OR DEATH TO PERSONS OR LOSS OR DAMAGE TO PROPERTY (INCLUDING THE EQUIPMENT) ARISING OUT OF CUSTOMER’S USE, OPERATION OR POSSESSION OF THE EQUIPMENT. Customer shall provide safe, unobstructed access to the equipment on the scheduled collection day. Company may charge an additional fee for any additional collection service required by Customer’s failure to provide access. DAMAGE TO PAVEMENT. Company shall not be responsible for any damages to Customer’s pavement, curbing or other driving surfaces resulting from Company’s providing service at Customer’s location. SUSPENSION. If any amount due from Customer is not paid within 60 days after the date of Company’s invoice, Company may, without notice and without terminating this Agreement, suspend collecting and disposing of Waste Materials until Customer has paid such amount to Company. If Company suspends service, Customer shall pay Company a service interruption fee in an amount determined by Company in its discretion up to the maximum amount allowed by Applicable Law. TERMINATION. In addition to its above suspension rights, Company may terminate this Agreement immediately by written notice to Customer if (a) any of the information contained in any credit application submitted to Company in connection with this Agreement is untrue or (b) Customer breaches this Agreement and fails to cure such breach within 10 days after Company gives Customer written notice of the breach. Company’s failure to suspend service or terminate this Agreement when Customer fails to timely pay or otherwise breaches this Agreement shall not constitute a waiver of Company’s right to suspend service or terminate this Agreement for any future failure to pay or other breach. PAYMENT UPON TERMINATION. If Customer terminates this Agreement before its expiration other than as a result of a breach by Company, or if Company terminates this Agreement as a result of a breach by Customer (including nonpayment), Customer shall pay Company an amount equal to the most recent month’s monthly charges multiplied by the lesser of (a) six months or (b) the number of months remaining in the term. Customer acknowledges that in the event of such a termination, actual damages to Company would be uncertain and difficult to ascertain, such amount is the best, reasonable and objective estimate of the actual damages to Company, such amount does not constitute a penalty, and such amount is reasonable under the circumstances. Any amount payable under this paragraph shall be in addition to amounts already owing under this Agreement. RIGHT TO FIRST REFUSAL. Customer agrees to notify Company in writing of any offer that Customer receives from any third party relating to the provision of any permanent or temporary collection, disposal or recycling services during the Term of this Agreement (“Offer”) and agrees to give Company the right of first refusal and reasonable opportunity to match such Offer. ASSIGNMENT. Customer shall not assign this Agreement without Company’s prior written consent, which Company shall not unreasonably withhold. Company may assign this Agreement without Customer’s consent. EXCUSED PERFORMANCE. Except for Customer’s obligation to pay amounts due to Company, any failure or delay in performance due to contingencies beyond a party’s reasonable control, including strikes, riots, terrorist acts, compliance with Applicable Laws or governmental orders, fires and acts of God, shall not constitute a breach of this Agreement. ATTORNEYS’ FEES. If any litigation is commenced under this Agreement, the successful party shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys’ fees, expert witness fees, litigation related expenses, and court or other costs incurred in such litigation or proceeding. COMMUNICATIONS. To ensure timely and accurate receipt of communications, all communications to Company regarding this Agreement and/or the Services must come directly from Customer. Customer acknowledges that Company will not accept any communications from any third parties acting as the Customer’s agent or representative (absent proof of medical necessity as reasonably determined by Company). All notices to Company shall be in writing, shall be sent prepaid certified or overnight mail, return receipt requested, and must be received by Company. Any notice related to this contract will be deemed effective 60 days from the return receipt date. MISCELLANEOUS. If service to Customer includes Container Refresh, Customer is limited to requesting one exchange of each participating container every twelve months of paid enrollment; any additional exchange is subject to Company’s standard container exchange fee. Customer agrees that during any enrollment year in which Customer receives an exchange under the program, any service change request by Customer to cancel Container Refresh will not be effective until Customer completes payment for twelve (12) consecutive months of enrollment in the program. Company reserves the right, in its sole discretion, to suspend or cancel the Container Refresh program. This Agreement sets forth the entire agreement of the parties and supersedes all prior agreements, whether written or oral, that exist between the parties regarding the subject matter of this Agreement. Company shall have no confidentiality obligation with respect to any Waste Materials. This Agreement shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall be modified so as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. Customer and Company agree that electronic signatures are valid and effective, and that an electronically stored copy of this Agreement constitutes proof of the signature and contents of this Agreement, as though it were an original. CUSTOMER'S INITIAL: DATE: MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13, 2019 FROM: Steven Krokoff, City Manager @ AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Davis Engineering & Surveying, LLC to Provide Surveying and Engineering for Taylor Road and Batesville Road Stormwater Intersection Improvements. MEETING DATE: Monday, June 17 , 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (./APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.)'YES (JIYES CITY ATTORNEY REVIEW REQUIRED: AP PROV AL BY CITY ATTORNEY: PLACED ON AGENDA FOR: ( ,v{PPROVED o& 1 , 1 , z 01 c, () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678 .242 .2500 IF : 678 .242 .2499 info@cityofmiltonga.usIwww.cityofmiltonga.us O GOO To: Honorable Mayor and City Council Members From: Ken Kagy, PE, City Engineer Date: June 6, 2019 for the June 17, 2019 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement to provide surveying and engineering for Taylor Road and Batesville Road stormwater intersection Improvements _____________________________________________________________________________________ Project Description: The City is requesting surveying and engineering services for the Taylor Road and Batesville Road stormwater intersection Improvement project. The services to be provided under this professional services agreement shall provide for a set of site survey and engineered storm water management plans. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-4101-522250000 Requisition Total: $ 9,650 Vendor DBA: Davis Engineering & Surveying, LLC Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Lowery & Associates $11,100 Engineering303 LLC $12,350 Davis Engineering, LLC $9,650 Financial Review: Bernadette Harvill, June 11, 2019 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, May 29, 2019 Attachment(s): Professional Services Agreement HOME OF'THE BES(C,UALIIY OF UFE ItJ GEORGIA' 4ILTONIP1 ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT — SHORT FORM Taylor Road & Batesville Road Stormwater Drainage Improvement Projects This Professional Services Agreement ("Agreement") is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk Milton, Georgia 30004 (hereinafter referred to as the "City"), and DAVIS ENGINEERING & SURVEYING, LLC, a Georgia Limited Liability Company, having its principal place of business at 133 Prominence Court, Suite 210, Dawsonville, GA, 30534 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, CiTy desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant 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 this Agreement; and 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 do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A.1" — Scope of Work Exhibit "A.2" Consultant's Response (with reference to Consultant's "Standard Terms and Conditions" removed) Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, 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: Completion of an as-built/topographical survey and design of stormwater drainage improvements at the intersection of Taylor Road and Batesville Road referenced above for the purpose of acquiring survey data to prepare construction drawings and specifications for the construction of a stormwater drainage s sy tem (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 Exhibits 1A.1" and "A.211, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibits "A.1" and 4A.255 the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant 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. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before sixty (60) days from the issuance of a Notice to Proceed (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this 1 Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 50 Compensation and Method of Payment, The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $9,650.00(the "Maximum Contract Price"), except as outlined in Section 4 above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon a flat fee. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. E%pertise of Consultant; City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by 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 Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant's Representative; Meetings. Jason Davis [INSERT NAME] shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant 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 the City. E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, 2 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 an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This 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. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant 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 consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant 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. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant 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 , attached hereto and incorporated herein by reference. Consultant 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, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. I. Emnloyment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the ENerify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 1640-71), that it and Consultant'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. § 1340-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant 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 City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 1340-91 and Georgia Department of Labor Rule 300404-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractors) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and 3 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 Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant'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. Consultant agrees that the employee -number category designated below is applicable to Consultant. [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. _X_ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant 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, Consultant 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. Ethics Code; Conflict of Interest. Consultant 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. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and 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. Consultant and 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 Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All report s, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant 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. § 2000d5 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, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, 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 an original, but all of which taken 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; Baseness License; 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 Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant steal l maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily, expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances,, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 5048-71, etseq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. 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 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 address first given above or at a substitute address previously. furnished to the other Party by written notice in accordance herewith. E. 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 for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties 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 Agreement 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. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 5 Attest/Witness: Signature: Print Name: Rebecca Martin Tltle: Office CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CONSULTANT: Davis Engineering & Surveying, LLC Signature: Print Name: Jason Davis Title: Member/Manager kLLC) RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] D EXHIBIT "A1" kCity of Milton Taylor Road & Batesville Road stormwater Drainage Improvement Projects General Scope of Work This project includes the survey and design of stormwater drainage improvements at the intersection of Taylor and Batesville Road in the City of Milton. It shall be the Consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. Specific Scope of Services The City of Milton (City), is seeking the services of a professional engineering consultant to prepare construction drawings and specifications for the construction of a stormwater drainage pipe along the west side of Taylor Road to transport stormwater runoff from the intersection of Taylor and Batesville Road. The consultant should provide a proposed bid price to provide a complete set of engineering plans and specifications for this project. The engineering/design items shall include but are not limited to the following: Task 1: Survey Provide a field run survey to facilitate the design of the stormwater infrastructure improvements. The project limits are from the edge of pavement on the west side of Taylor Road to the edge of the right -of --way on the same road plus from the edge of road to edge of right -of --way on the north side of Batesville Road. Sufficient survey shall be obtained to cover all areas needed for easement or right of way acquisition as necessary to complete the project. The survey database shall include, at a minimum, the following information: a. Right -of --way location, b. All improvements within the project limits, including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc...., c. All drainage structures within the project limits. At a minimum identify the pipe size, pipe material, upstream and downstream inverts, end treatments (end of pipe, headwall, etc...). d. Adjacent property owners and propert y boundary locations, e. The character and location of all walls, fences, buildings, poles, and other visible improvements within the project or within twenty-five feet of the project, £ Driveways, alleys or other means of access on or crossing the project or within twenty-five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc..., h. Topographic survey with a minimum of 1 -foot topographic contour intervals. Contours shall extend a minimum of one -hundred and fifty feet beyond the project limits, Provide spot elevations at all critical points such as drainage breaks, high points, low points, edge of pavement etc..., j. Location and type of all overhead and underground utilities wn the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within two - hundred feet of the premises being surveyed shall be shown, 1. The location of any specimen tree within 30 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24" dbh or greater, any other hardwood or pine 27"dbh or greater and any dogwood, redbud or sourwood 8" dbh or greater. Call out tree type, size and show location. Provide digital files of survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. The consultant shall be required to notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. A copy of the notification shall be provided to the city. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 -NAD 83/94 adjustment. All vertical traverses shall use the North American Vertical Datum (NAND) of 1988. Task 2: Engineering Design Services Consultant shall provide design services for the following segments: 1. Batesville Road (westbound from the Taylor Road intersections Approximately 450 If along the north side of Batesville Road from west of the Taylor Road intersection including the intersection. 2. Taylor Road (northbound from the Batesville Road intersectionZ Approximately 450 if along the west side of Taylor Road from north of the Batesville Road intersection including the intersection. The design services shall include all construction drawings and specifications necessary for the construction of all stormwater infrastructure including ditches, pipes, structures to adequately drain the intersection of Taylor Road and Batesville Road for a local 25 -year storm event. All proposed storm water infrastructure layout shall have its own separate set of design drawings to complete the project. The plans shall, at a minimum, include the following: a. grading and drainage plans, b. erosion and sediment (SWPPP plan) control plans, c. utility plan, d. staking and layout plans, e. tree protection plans, f. construction details, ditch profiles with cross sections, pipe profiles with design data tables, wall details (if necessary), g. easement and right of way exhibits) as necessary. Easement and right of way exhibits may be priced on a per parcel basis and should include a legal description. Consultant to provide an itemized construction cost estimate for the entire proposed stormwater infrastructure. Provide digital files of engineering drawings (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of the drawings signed and sealed by a professional engineer licensed and qualified to do business in the State of Georgia. EXHIBIT "A.2" Davis Engineering & Surveying ProDosal for Services May 2, 2019 Subject Property: Intersection of Batesville &Taylor Road City (County): City of Milton, Fulton County, Georgia Dear Mr. Ken Kagy: THIS AGREEMENT made and entered into, by and between Davis Engineering &Surveying, LLC, hereinafter called "DES," and you, "client," is for the services described under the "Scope of Services" section of this Agreement. This proposal briefly discusses our understanding of the scope of work and our fees for the services to be provided. DES reserves the right to adjust the fees quoted herein after 45 days, if necessary. SCOPE OF SERVICES: DES, (Consultant) shall provide the following professional services for the property referenced above. I. SURVEYING SERVICES Task 1: Survey Provide a field run survey to facilitate the design of the storm water infrastructure improvements. The project limits are from the edge of pavement on the west side of Taylor Road to the edge of the right-of-way on the same road plus from the edge of road to edge of right -of --way on the north side of Batesville Road. Sufficient survey shall be obtained to cover all areas needed for easement or right of way acquisition as necessary to complete the project. The survey database shall include, at a minimum, the following information: a. Right -of --way location, b. All improvements within the project limits, including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc...., c. All drainage structures within the project limits. At a minimum identify the pipe size, pipe material, upstream and downstream inverts, end treatments (end of pipe, headwall, etc...). d. Adjacent property owners and propert y boundary locations, e. The character and location of all walls, fences, buildings, poles, and other visible improvements within the project or within twenty-five feet of the project, £ Driveways, alleys or other means of access on or crossing the project or within twenty-five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc..., h. Topographic survey with a minimum of 1 -foot topographic contour intervals. Contours shall extend a minimum of one -hundred and fifty feet beyond the project limits, This Portion Intentionally Removed i. Provide spot elevations at all critical points such as drainage breaks, high points, low points, edge of pavement etc..., j. Location and type of all overhead and underground utilities within the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within two -hundred feet of the premises being surveyed shall be shown, 1. The location of any specimen tree within 30 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24" dbh or greater, any other hardwood or pine 27"dbh or greater and any dogwood, redbud or sourwood 8" dbh or greater. Call out tree type, size and show location. Provide digital files of survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. The consultant shall be required to notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. A copy of the notification shall be provided to the city. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 -NAD 83/94 adjustment. All vertical traverses shall use the North American Vertical Datum (NAVD) of 1988. Task 2: Engineering Design Services Consultant shall provide design services for the following segments: 1. Batesville Road (westbound from the Taylor Road intersections Approximately 450 if along the north side of Batesville Road from west of the Taylor Road intersection including the intersection. 2. Taylor Road (northbound from the Batesville Road intersections Approximately 450 If along the west side of Taylor Road from north of the Batesville Road intersection including the intersection. The design services shall include all construction drawings and specifications necessary for the construction of all storm water infrastructure including ditches, pipes, structures to adequately drain the intersection of Taylor Road and Batesville Road for a local 25 -year storm event. All proposed storm water infrastructure layout shall have its own separate set of design drawings to complete the project. The plans shall, at a minimum, include the following: a. grading and drainage plans, b. erosion and sediment (SWPPP plan) control plans, c. utility plan, Davis Engineering &Surveying, LLC 1 133 Prominence Court, Suite 210 � Dawsonville, Georgia � 30534 Phone: 706.265.1234 1 www.uavisrngineers.com Page 2 d. staking and layout plans, e. tree protection plans, f. construction details, ditch profiles with cross sections, pipe profiles with design data tables, wall details (if necessary), g. easement and right of way exhibit(s) as necessary. Easement and right of way exhibits may be priced on a per parcel basis and should include a legal description. Consultant to provide an itemized construction cost estimate for the entire proposed stormwater infrastructure. Provide digital files of engineering drawings (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of the drawings signed and sealed by a professional engineer licensed and qualified to do business in the State of Georgia. II. ADDITIONAL SERVICES Services and compensation listed under Surveying Services are to be performed ONE TIME ONLY. Any additional work requested on the part of the Client or Contractor will be considered additional services and will be invoiced at current hourly rates unless specified (provided upon request). FEES AND TERMS OF PAYMENT Ourfee for the above scope items) is as follows, and payment will be due prior to delivery of the plats. Lump Sum Fee (Item I): $2,900.00 Lump Sum Fee (Item II): $6,750.00 Total Fee (Item I & 11): $9,650.00 Payment Terms: Payment will be due as stated on the invoice. An Administrative Fee of $30.00 will be charged to accounts 30 days past due, and past due accounts are subject to a monthly 1.5%finance charge (18%Annual Rate). FUNDAMENTAL ASSUMPTIONS This Agreement, and the fees contained herein, are subject to the following fundamental assumptions: 1. In the event of boundary conflicts and/or other unforeseen issues which require additional work to resolveI we may require additional surveying fees and/or extensions of the time of delivery. In such event, we will notify you prior to proceeding with additional work required to complete the survey. 2. This proposal does not include reviewing and addressing comments required by attorneys or title insurance companies. 3. Only those services specifically listed within this proposal are included. Any future additional services will require additional fees. All reimbursable items, including postage, shall be billed at cost plus 10%. 4. Adverse field conditions, beyond the control of DES and as determined by the Consultant, may require a change in the project schedule and/or fees. Prior to any modification to scope or fees, DES will immediately inform the Client by phone and in writing and the two parties shall amend this agreement before proceeding with the project. In the event that a modified agreement cannot be reached, work shall cease and the Client shall be responsible for fees associated on a percent completed basis. 5. DES requires that you are authorized to grant, or will obtain, permission for our personnel to enter the site. It is the recommendation of DES that you notify all affected parties, especially property adjoiners, of Davis Engineering &Surveying, LLC 1 133 Prominence Court, Suite 210 1 Dawsonville, Georgia � 30534 Phone: 706.265.1234 1 www.DavisEngineers.com Page 3 our presence as soon as possible to avoid delays in completing your scope of work. 6. It shall be the sole responsibility of the Client to provide access to all properties for surveying and design. DES is prepared to assist and expedite this process through the use of temporary easements if required. 7. Due to the nature of the scope of services agreed upon in this proposal, the Client inherently agrees that survey control points (nails, stakes, rebar and/or other markers) may be set at random locations that have no relationship to actual property boundaries. Random survey traverse lines will be trimmed out through native areas in a way that causes minimal impact to existing vegetation and allows visibility between these points. In order to assist the Consultant, these control points will have wood stakes, survey flagging tape in various high visibility colors, paint and/or other materials placed in close proximity. Please note that these control points, trimmed lines and other related materials, markings, etc. are evidence of surveying activity and are not to be considered as any evidence or indication of boundary monumentation, boundary lines, ownership, or possession. Also note that property line marking, when made a part of the above scope listed in the agreement for services, is a separate activity that may produce evidence similar to survey control points, but is not to be confused with survey traverse lines. 8. Due to the January 2017 Amendment of Georgia Code Section 15-6-67, 44-3-83, and H.B. 1004/AP, DES will require all plat recording fees to be billed to the client as a reimbursable item. 9. No review, permitting, inspection, water meter, sanitary sewer tap or other owner fees are included in this proposal. This Portion Intentionally Removed MISCELLANEOUS If this Agreement meets with your approval insofar as describing the scope of those services you expect of us, and our expectations concerning compensation for the same, please execute in the space provided and return one copy to us for our records. We appreciate this opportunity to be of service to you. jPr�as oc��� 0 ���00� Re�c��ed Davis Engineering &Surveying, LLC � 133 Prominence Court, Suite 210 � Dawsonville, Georgia 130534 Phone: 706.265.1234 � www.DavisEngineers.com Page 4 EXHIBIT "B" n DATE (h7MIDD/YYYY) 0 5/1 712 01 9 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 have ADDITIONAL INSURED provisions or 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 Turner, Wood, &Smith Agency, Inc. 1515 Community Way PO Box 1058 Gainesville INSURED Davis Engineering &Surveying, LLC 133 Prominence Court Peggy Kanaday (770) 536-0161 GA 30503 I INsuRERA: Valley Forge Ins. Company INSURER c : Wesco Ins. Company D; I Suite 210 I INSURER E Dawsonville GA 30534 INSURER F: _ COVERAGES CERTIFICATE NUMBER: CL1932815310 REVISION NUMBER: THIS IS TO CERTIFY THAT THE 20508 22357 25011 20443 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. WT INSR LTR TYPE OF INSURANCE AUDL51JBK INSD WVD POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX]OCCURPREMISES Y Y B6012042696 03/22/2019 03/22/2020 EACHOCCURRENCE $ 11000,000 DAMAGE TO REITT[715� Ea occurrence $ 300,000 MED EXP (Any one person) $ 102000 PERSONAL&ADV INJURY $ 11000,000 GEN'LAGGREGATE LIMITAPPLIES PER: HPOLICY JEC LOC OTHER: GENERALAGGREGATE $ 21000,000 PRODUCTS g 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON•OWNED AUTOS ONLY X AUTOSONLY Y Y 20UECKI2288 03/22/2019 03/2212020 COMBINED SINGLE LIMIT Ea accident $ 1,0001000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ Underinsured motorist- $ 13000,000 A UMBRELLA LIAR EXCESSLIIAR X OCCUR CLAIMS -MADE Y Y 86012043850 03/22/2019 03/22/2020 """"""""""y"""""` EACH OCCURRENCE 51000,000 $ AGGREGATE $ 5,000,000 DED X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory in NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below NIA Y VVWC3330764 03/22/2019 03/22!2020 X STA UTE EORH E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 D Professional and Incidental Pollution Liability AHE591886196 03/22/2019 03/22/2020 Limit of Liab. Per Claim Annual Aggregate $1,0001000 $1,0002000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Taylor Road @ Batesville Road, Stormwater Drainage Improvement City of Milton 2006 Heritage Walk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX MiitonPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. I AUTHORIZED REPRESENTATIVE GA 30004 �QF y- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (x016103) The ACORD name and logo are registered marks of ACORD STATE OF Georgia COUNTY OF Fulton EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-915 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: 313474 Federal Work Authorization User Identification Number 22 March 2010 Date of Authorization Davis En ing eerin� & Surveying LLC Name of Contractor Taylor Rd e, Batesville Rd, Stormwater Drainage Improvement Project 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 June 4 20 19 in Dawsonville (city), GA (state). Signa�e of Authorized Officer or Agent Jason Davis, President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 4th DAY OF June 2.0 19 NOTARY PUBLIC [NOTARY SEAL] \��`NEL G • 8 Q .. o m,ni TO C; 'JG sm`. Z M Commission ssion Expires: �A'. F PUBLIC L I / ., o� \ `, COUNV I C-7 STATE OF _ COUNTY OF EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.Aa § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Davis Engineering & Surveying, LLC (name of contractor) 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 subsequer*.,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 Taylor Rd ct, Batesville Rd, Stormwater Drainage Improvement Project 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 (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: MILTON\t TO: FROM: AGENDA ITEM : MEETING DATE : ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: June 13 , 2019 Steven Krokoff, City Manager Q) Approva l of the Fourth Amendment to Option and Lease Agreement with New Cingular Wireless PCS , LLC for the Cell Tower Located at 15240 Thompson Rd , Milton, Georgia to Provide for an Extension of the Terms of the Original Agreement; to Increase the Monthly Rent; to Incorpora te a Thirty Percent Revenue Sharing Provision on New Subtenants; and to Include a "Sign in g Bonus" Monday, June 17, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( ..(APPROVED CITY ATTORNEY APPROVAL REQUIRED : CITY ATTORNEY REVIEW REQUIRED: (.(YES ('(YES APPROVAL BY CITY ATTORNEY: (tiPPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton , GA P: 678.242.2500 IF: 678.242.2499 info @cityofmiltonga.usIwww.cityofmiltonga.us OGOO To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted June 10, 2019 for the June 17, 2019 Regular City Council Meeting Agenda Item: Approval of the Fourth Amendment to Option and Lease Agreement with New Cingular Wireless PCS, LLC for the Cell Tower Located at 15240 Thompson Rd, Milton, Georgia to Provide for an Extension of the Terms of the Original Agreement; to Increase the Monthly Rent; to Incorporate a Thirty Percent Revenue Sharing Provision on New Subtenants; and to Include a “Signing Bonus” _____________________________________________________________________________________ Department Recommendation: Approve amendment as presented Executive Summary: In 1995, Fulton County entered in a cell tower lease agreement for a site located behind Fire Station 42 on Thompson Rd. When the City of Milton incorporated and purchased the fire station from Fulton County, the lease was conveyed to the City. Monthly lease payments are made to the City according to this schedule: 1/1/15 – 12/31/19 $20,631.00 annually to be paid $1,719.25 monthly 1/1/20 – 12/31/24 $23,725.65 annually to be paid $1,977.14 monthly 1/1/25 – 12/31/29 $27,284.49 annually to be paid $2,273.71 monthly The term of the lease is set to expire December 31, 2029. Crown Castle, manager of the cell tower, approached the city to request an extension to the lease. Leveraging an agreement the city currently has through Georgia Municipal Association, Local Government Services, LLC negotiated an amendment to the lease on our behalf. The new lease extends the term an additional 20 years to 2049. It includes a 30% revenue sharing provision on new subleases, which was excluded from the current lease. Also, for lease payments starting on January 1, 2020, there will be an annual 3% escalator over the previous year. This is a little lower than what the current lease shows for the years 2020 through 2024; however, a jump in the lease payment will occur starting January 1, 2025 where the monthly payments will go up to $3,500.00 per month ($42,000.00 annually). They will continue the annual 3% escalator throughout the life of the lease. Lastly, within 60 days of the execution of the amended lease, the City will receive a signing bonus of $30,000.00. Financial Impact: The City will realize a significant positive impact on the revenues. For a fair comparison between the current lease and the newly amended lease, the financial analysis below uses the date of expiration of the current lease – December 31, 2029: Current lease payments: $264,366.20 New lease payments: $346,118.04 Signing bonus: $ 30,000.00 Revenue sharing: ? Total $376,118.04 Difference: $111,751.84 Alternatives: Leave the current lease in place. Legal Review: Jeff Strickland, Jarrard & Davis, May 30, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment: Fourth Amendment to Option and Lease Agreement Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 1 PPAB 4823956V2 FOURTH AMENDMENT TO OPTION AND LEASE AGREEMENT THIS FOURTH AMENDMENT TO OPTION AND LEASE AGREEMENT (“Fourth Amendment”) is made effective this _____ day of ____________, 2019, by and between the CITY OF MILTON, a political subdivision of the State of Georgia (“Lessor”), with a mailing address of 2006 Heritage Walk, Milton, GA 30004, and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, and the successor by merger with BellSouth Personal Communications LLC, a Delaware limited liability company, dated December 31, 2004, for itself and as general partner of BELLSOUTH CAROLINAS PCS, L.P., a Delaware limited partnership (“Tenant”), with a mailing address of New Cingular Wireless PCS, LLC, Suite 13-F West Tower, 575 Morosgo Drive, Atlanta, Georgia 30324. WHEREAS, Fulton County (“Original Lessor”) and BellSouth Mobility Inc. (“BellSouth”) entered into that certain Option and Lease Agreement dated July 11, 1995 (as amended and assigned, the “Agreement”), whereby Original Lessor leased to BellSouth a portion of that property (said leased portion, together with those certain access, utility and/or maintenance easements and/or rights of way granted in the Agreement being the “Property”) located at 15240 Thompson Road (Tax Parcel 22 487004750439), Alpharetta, Fulton County, Georgia; and WHEREAS, Original Lessor and BellSouth entered into that Amendment to Lease Agreement dated April 12, 2001 (“First Amendment”), which allowed BellSouth to freely transfer its interest in the Agreement to certain entities for which Original Lessor was paid a signing bonus, among other changes; and WHEREAS, Original Lessor and BellSouth entered into that Option to Amend Lease dated May 15, 2002 (“Second Amendment”), which expanded the size of the Property to approximately 3,600 square feet, among other changes; and WHEREAS, Original Lessor and Tenant entered into that Third Amendment to Option and Lease Agreement dated February 2, 2005 (“Third Amendment”), and recorded in Book 39737, Page 512 in the Office of the Clerk of Superior Court for Fulton County (“Clerk’s Office”), which extended the term of the Agreement to December 31, 2029, among other changes; and WHEREAS, Original Lessor conveyed the property on which the Property is located to Lessor pursuant to that Quitclaim Deed and Restrictive Covenants dated May 17, 2007, and recorded in the Clerk’s Office at Book 45029, Page 5; and WHEREAS, the term of the Agreement commenced on December 1 1995, and has an original term, including all extension terms, that will expire on December 31, 2029 (“Original Term”), and Lessor and Tenant now desire to amend the terms of the Agreement to provide for additional extension terms beyond the Original Term, and to make other changes. NOW THEREFORE, in exchange for the mutual promises contained herein, Lessor and Tenant agree to amend the Agreement as follows: Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 2 PPAB 4823956V2 1. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. The recitals in this Fourth Amendment are incorporated herein by this reference. 2. Section 2(A) of the Agreement is deleted in its entirety and replaced with the following: (A) INTENTIONALLY DELETED. 3. Section 2(C) of the Agreement is amended by deleting any reference to the eighth (8th) and ninth (9th) extension terms and their related annual rent and inserting the following after the rent for the seventh (7th) extension term: Commencing on January 1, 2020, and every year thereafter (each an “Adjustment Date”), the annual rent shall increase by an amount equal to three percent (3%) of the annual rent in effect for the annual immediately preceding the Adjustment Date. 4. Section 3 of the Agreement is amended by (i) replacing “five (5) additional” with “nine (9) additional”, thereby adding four (4) additional five (5) year extension terms to the Agreement beyond the Original Term, and extending its total term to December 31, 2049 unless sooner terminated as provided in the Agreement; and (ii) replacing “ninth (9th)” with “final”. 5. As additional consideration for amending the Agreement in accordance with this Fourth Amendment, on January 1, 2025, the monthly rent shall increase to Three Thousand Five Hundred Dollars ($3,500.00) per month. Following such increase, the monthly rent shall continue to adjust pursuant to the terms of the Agreement. This rent increase replaces and is in lieu of the regular rent increase scheduled to occur pursuant to the Agreement on the same date. 6. Section 18 of the Agreement is amended by deleting Lessor’s and Tenant’s notice addresses in their entirety and replacing them with the following: Lessor: City of Milton 2006 Heritage Walk Milton, GA 30004 Tenant: AT&T Network Real Estate Administration Re: 10022992 Suite 13-F West Tower 575 Morosgo Drive Atlanta, Georgia 30324 With a copy to: AT&T Legal Department- Network Attn: Network Counsel Re: 10022992 208 S. Akard Street Dallas, Texas, 75202-4206 Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 3 PPAB 4823956V2 With a copy to: Crown Castle South LLC c/o Crown Castle USA Inc. General Counsel Attn: Legal-Real Estate Department 2000 Corporate Drive Canonsburg, Pennsylvania 15317-8564 7. In addition to the rent currently paid by Tenant to Lessor pursuant to the Agreement, as further consideration for the right to exclusively use and lease the Property, if, after full execution of this Fourth Amendment, Tenant subleases, licenses or grants a similar right of use or occupancy in the Property to an unaffiliated third party not already a subtenant on the Property (each a “Future Subtenant”), Tenant agrees to pay to Lessor thirty percent (30%) of the rental, license or similar payments actually received by Tenant from such Future Subtenant (excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the “Additional Rent”) within thirty (30) days after receipt of said payments by Tenant. Tenant shall have no obligation for payment to Lessor of such share of rental, license or similar payments if not actually received by Tenant. Non-payment of such rental, license or other similar payment by a Future Subtenant shall not be an event of default under the Agreement. Tenant shall have sole discretion as to whether, and on what terms, to sublease, license or otherwise allow occupancy of the Property; provided, however, that prior to any future modifications of the tower structure arising from a sublease, license or other occupan cy, Tenant shall obtain all governmental approvals that may be required for same. There shall be no express or implied obligation for Tenant to sublease, license or otherwise allow occupancy of the Property. Notwithstanding anything in this paragraph to the contrary, the parties agree and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Property prior to execution of this Fourth Amendment shall be expressly excluded from the Additional Rent and Lessor shall have no right to receive any portion of such revenue. 8. As additional consideration for amending the Agreement in accordance with this Fourth Amendment, Tenant agrees to pay to Lessor Thirty Thousand Dollars ($30,000.00) (“Signing Bonus”) within sixty (60) days of full execution of this Fourth Amendment by the parties. Lessor acknowledges that the Signing Bonus may be paid by Crown Castle South LLC, a Delaware limited liability company (“Crown”), on behalf of Tenant. By signing this Fourth Amendment, Lessor agrees to accept the Signing Bonus from Crown, and Lessor further agrees that the acceptance by Lessor of the Signing Bonus will be a complete accord and satisfaction of that said obligation. Upon payment of the Signing Bonus, Lessor waives and releases Tenant and Crown from any and all claims Lessor may have pursuant to the Agreement (or otherwise) related to or arising out of the Signing Bonus. 9. Representations, Warranties and Covenants of Lessor. Lessor represents, warrants and covenants to Tenant as follows: Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 4 PPAB 4823956V2 a. Lessor is duly authorized to and has the full power and authority to enter into this Fourth Amendment and to perform all of Lessor’s obligations under the Agreement as amended hereby. b. Tenant is not currently in default under the Agreement, and to Lessor’s knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Tenant under the Agreement. c. Lessor agrees to provide such further assurances as may be requested to carry out and evidence the full intent of the parties under the Agreement as amended hereby, and ensure Tenant’s continuous and uninterrupted use, possession and quiet enjoyment of the Property under the Agreement as amended hereby. d. Lessor acknowledges that the Property, as defined, shall include any portion of Lessor’s property on which communications facilities or other Tenant improvements exist on the date of this Fourth Amendment 10. Tenant reserves the right, at its discretion and at its sole cost, to obtain a survey (“Survey”) specifically describing the Property and any access and utility easements associated therewith. Tenant shall be permitted to attach the Survey as an exhibit to this Fourth Amendment and any related memorandum for recording, which shall update and replace the existing description, at any time prior to or after closing of this Fourth Amendment. 11. IRS Form W-9. Lessor agrees to provide Tenant with a completed IRS Form W- 9, or its equivalent, upon execution of this Fourth Amendment and at such other times as may be reasonably requested by Tenant. In the event the Property is transferred, the succeeding Lessor shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in Rent to the new landlord. Lessor’s failure to provide the IRS Form W-9 within thirty (30) days after Tenant‘s request shall be considered a default and Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from Rent payments. 12. In all other respects, the remainder of the Agreement shall remain in full force and effect. Any portion of the Agreement that is inconsistent with this Fourth Amendment is hereby amended to be consistent with this Fourth Amendment. All of the provisions hereof shall inure to the benefit of and be binding upon Lessor and Tenant, and their personal representatives, heirs, successors and assigns. This Fourth Amendment may be executed in two or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, it being understood that all parties need not sign the same counterparts. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 5 PPAB 4823956V2 IN WITNESS WHEREOF, Lessor and Tenant have signed this instrument under seal and have caused this Fourth Amendment to be duly executed on the day and year first written above. Lessor: City of Milton, a political subdivision of the State of Georgia By:______________________________ Print Name:_______________________ Title:_____________________________ Attest: ________________________________ Print Name: ______________________ Title: ___________________________ Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 6 PPAB 4823956V2 IN WITNESS WHEREOF, Lessor and Tenant have signed this instrument under seal and have caused this Fourth Amendment to be duly executed on the day and year first written above. Tenant: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation, a Delaware corporation Its: Manager By: (SEAL) Gram Meadors AVP Sourcing Operations, Strategic Lease Management Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 1 PPAB 4823956V2 Prepared out of State Return to: Crown Castle 1220 Augusta, Suite 500 Houston, Texas 77057 Cross Index: Book 39737, Page 512 Tax Parcel 22 487004750439 MEMORANDUM OF FOURTH AMENDMENT TO OPTION AND LEASE AGREEMENT THIS MEMORANDUM OF FOURTH AMENDMENT TO OPTION AND LEASE AGREEMENT (“Amended Memorandum”) is made effective this _____ day of _______________, 2019, by and between the CITY OF MILTON, a political subdivision of the State of Georgia (“Lessor”), with a mailing address of 2006 Heritage Walk, Milton, GA 30004, and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, and the successor by merger with BellSouth Personal Communications LLC, a Delaware limited liability company, dated December 31, 2004, for itself and as general partner of BELLSOUTH CAROLINAS PCS, L.P., a Delaware limited partnership (“Tenant”), with a mailing address of New Cingular Wireless PCS, LLC, Suite 13-F West Tower, 575 Morosgo Drive, Atlanta, Georgia 30324. WHEREAS, Fulton County (“Original Lessor”) and BellSouth Mobility Inc. (“BellSouth”) entered into that certain Option and Lease Agreement dated July 11, 1995 (as amended and assigned, the “Agreement”), whereby Original Lessor leased to BellSouth a portion of that property (said leased portion, together with those certain access, utility and/or maintenance easements and/or rights of way granted in the Agreement being the “Property”) located at 15240 Thompson Road (Tax Parcel 22 487004750439), Alpharetta, Fulton County, Georgia; and Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 2 PPAB 4823956V2 WHEREAS, Original Lessor and BellSouth entered into that Amendment to Lease Agreement dated April 12, 2001 (“First Amendment”), which allowed BellSouth to freely transfer its interest in the Agreement to certain entities for which Original Lessor was paid a signing bonus, among other changes; and WHEREAS, Original Lessor and BellSouth entered into that Option to Amend Lease dated May 15, 2002 (“Second Amendment”), which expanded the size of the Property to approximately 3,600 square feet, among other changes; and WHEREAS, Original Lessor and Tenant entered into that Third Amendment to Option and Lease Agreement dated February 2, 2005 (“Third Amendment”), and recorded in Book 39737, Page 512 in the Office of the Clerk of Superior Court for Fulton County (“Clerk’s Office”), which extended the term of the Agreement to December 31, 2029, among other changes; and WHEREAS, Original Lessor conveyed the property on which the Property is located to Lessor pursuant to that Quitclaim Deed and Restrictive Covenants dated May 17, 2007, and recorded in the Clerk’s Office at Book 45029, Page 5; and WHEREAS, the term of the Agreement commenced on December 1 1995, and has an original term, including all extension terms, that will expire on December 31, 2029 (“Original Term”), and Lessor and Tenant now desire to amend the terms of the Agreement to provide for additional extension terms beyond the Original Term, and to make other changes; and WHEREAS, Lessor and Tenant made and entered into a Fourth Amendment to Option and Lease Agreement of even date herewith (“Fourth Amendment”) and pursuant to the terms of, and for that consideration recited in, the Fourth Amendment, the parties wish to hereby amend certain provisions of the Agreement, and provide this Amended Memorandum as notice thereof, as follows: 1. Lessor does hereby lease and grant unto Tenant, its successors and assigns, the Property for four (4) additional five (5) year extension terms beyond the Original Term, such that the Original Term and all extension terms of the Agreement may last for a term of fifty-four (54) years, expiring on December 31, 2049. 2. The description of the Property is provided in the Third Amendment recorded in the Clerk’s Office in Book 39737, Page 512. A copy of such description is attached hereto as Exhibit A. 3. This Amended Memorandum contains only selected provisions of the Fourth Amendment, and reference is made to the full text of the Agreement and the Fourth Amendment for their full terms and conditions, which are incorporated herein by this reference. Except as otherwise provided in the Fourth Amendment and this Amended Memorandum, the terms and conditions of the Agreement remain in full force and effect. This Amended Memorandum may be executed in two or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, it being understood that all parties need not Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 3 PPAB 4823956V2 sign the same counterparts. A copy of the Agreement and its amendments are located at the office of the Tenant. Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 4 PPAB 4823956V2 IN WITNESS WHEREOF, the parties hereto have signed this instrument under seal and have executed this Amended Memorandum as of the date first above written. Lessor: City of Milton, a political subdivision of the State of Georgia By:_____________________________ Print Name:______________________ Title:____________________________ Signed, sealed, and delivered this ____ day of _______, 2019, in the presence of: WITNESS NOTARY PUBLIC My Commission Expires: [AFFIX NOTARY SEAL] Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 5 PPAB 4823956V2 IN WITNESS WHEREOF, the parties hereto have signed this instrument under seal and have executed this Amended Memorandum as of the date first above written. Tenant: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation, a Delaware corporation Its: Manager By:______________________ (SEAL) Gram Meadors AVP Sourcing Operations, Strategic Lease Management Signed, sealed, and delivered this ____ day of _______, 2019, in the presence of: WITNESS NOTARY PUBLIC My Commission Expires: [AFFIX NOTARY SEAL] Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 6 PPAB 4823956V2 EXHIBIT A Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 7 PPAB 4823956V2 Site Name: BHM Crown BU: 811729 Cingular Site: 10022992 8 PPAB 4823956V2 MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13 , 2019 FROM: Steven Krokoff, City Manager (2} AGENDA ITEM: Approval of Subdivision Plats and Revisions MEETING DATE: Monday, June 17 , 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER : (J/4.PPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES () YES CITY ATTORNEY REVIEW REQUIRED : APPROVAL BY CITY ATTORNEY: ( ) APPROVED PLACED ON AGENDA FOR: o& )11/ zo t ~ () NOT APPROVED (..,rNO (J,NO () NOT APPROVED 2006 Heri tage Wal k Milton, GA P: 678.2 42.2 500 IF : 678.2 42.2499 info@cityo f mil tong a .usIwww.cityofmil tonga.us 0 900 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on June 6, 2019 for the June 17, 2019 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The John & Patricia Cartwright minor plat described herein consists of two existing parcels on Redd Road to be reconfigured. The density will remain at .54 lots per acre. 2. The Muirfield Park Final Plat revision described herein consists of a previously platted 14 lot subdivision. The purpose of this revision is to modify Lot 4 by removing 29,452 square feet, including a bioretention area, which will now be included in the common property. The density will remain at .62 lots per acre. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Consent Agenda Plats Staff Memo Page 2 of 7 Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. John & Patricia Cartwright LL 767 1820 & 1840 Redd Road Minor Plat Reconfigure parcels / 2 Lots 3.709 .54 Lots / acre 2. Muirfield Park LL 606, 607, & 619 Hopewell Road Final Plat Revision Reconfigure Lot 4 / 14 Lots 22.575 .62 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 7 Consent Agenda Plats Staff Memo Page 4 of 7 Consent Agenda Plats Staff Memo Page 5 of 7 Consent Agenda Plats Staff Memo Page 6 of 7 Consent Agenda Plats Staff Memo Page 7 of 7 MILTON ~ TO: FROM: AGENDA ITEM: MEETING DATE: ES TABLI SH ED 200 6 CITY COUNCIL AGENDA ITEM City Council DATE: June 13 , 2019 Steven Krokoff, City Managea Proclamation Recognizing Milton High School Girls ' Lacrosse Team 2019 State Championship . Monday, June 17, 2019 Regular Ci t y Council Me e ting BACKGROUND INFORMATION : (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER : t/4 PPROV ED CITY ATTORNEY APPROVAL REQUIRED : CITY ATTORNEY REVIEW REQUIRED : () YES () YE S APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR : () NOT APPROVED () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF : 678 .242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0800 Milton High School Girls’ Lacrosse Team Day WHEREAS, lacrosse is a sport that requires skillful hand-eye coordination, mental awareness and physical endurance, and; WHEREAS, the girls’ lacrosse program began in 1999 as a club sport at Milton High School and has grown rapidly since that time, and; WHEREAS, the Milton High School girls’ lacrosse teams have previously won the Georgia High School State Championship in 2005, 2006, 2007, 2008, 2010, 2011, 2012, 2013, 2014, 2015, 2017 and 2018 and; WHEREAS, the Milton High School girls’ lacrosse team had a record in 2019 of 22 wins and 1 loss, the best seasonal record in the history of the program, and; WHEREAS, along the path to winning the 2019 Georgia High School 6-7A State Championship for the third year in a row, they defeated the state champion teams from Tennessee, Virginia, Oregon, Massachusetts and the Georgia 1-5A champions and; WHEREAS, the Milton High School girls’ lacrosse team produced 12 All-State players, and; WHEREAS, the players on the Milton High School girls’ lacrosse team are champions not only on the field, but also in the classroom, in the community and in life; we are proud that this great team is located in Milton, Georgia. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and proclaim Monday, June 17th as “Milton High School Lacrosse Team Day” in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 17th day of June, 2019. _________________________________ Joe Lockwood, Mayor MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13 , 2019 FROM: Steven Krokoff , City Manager {l_) AGENDA ITEM: Consideration of an Ordinance to Add Division 4 (Electronic Records) to Chapter 2 -Administration , Article VII -Public Records . MEETING DATE: Monday, June 17 , 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER : ( vf._PPROVED CITY ATTORNEY APPROVAL REQUIRED : (..,YYES ({YES CITY ATTORNEY REVIEW REQUIRED : APPROVAL BY CITY ATTORNEY: ( y,(PPROVED PLACED ON AGENDA FOR: o (., /11 I io ,e, () NOT APPROVED () NO () NO () NOT APPROVED 20 06 Heritage Walk Milton, G A P: 678.242.2500 IF: 678 .242.2499 info@cityofmiltonga.usIwww.cityofmilto nga.us OGOO I - To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on May 29, 2019 for First Presentation on the June 3, 2019 Regular City Council Meeting and Unfinished Business for the June 17, 2019 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Add Division 4 (Electronic Records) to Chapter 2 – Administration, Article VII – Public Records Department Recommendation: Approve the attached ordinance to add Division 4 Sec 2-778 Electronic Records to Chapter 2, Article VII – Public Records. Executive Summary: The addition of Division 4 to Chapter 2 Article VII would allow the City to accept electronic signatures as an official authorization from the signatory. This is another step towards a paperless system that will allow for electronic submittal of forms and added efficiency for the end user. Funding and Fiscal Impact: None. Alternatives: Other Council directed action. Legal Review: Jeff Strickland, Jarrard & Davis (May 29, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance to Add Division 4 – Electronic Records to the City Code of The City of Milton STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE REGARDING ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; TO REPEAL CONFLICTING ORDINANCES; AND TO ESTABLISH AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in regularly called Council meeting on the _____ day of _____________, 2019 at 6:00 p.m., as follows: WHEREAS, O.C.G.A. § 10-12-18 (a) provides authority for municipalities of this state to determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures; and WHEREAS, the City desires to amend its Code of Ordinances, Chapter 2 (Administration), Article VII (Public Records), to address the City’s acceptance and use of electronic records and electronic signatures. NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: 1. That the City’s Code of Ordinances, Chapter 2 (Administration), Article VII (Public Records), shall be amended to add a new Division 4 entitled “Electronic Documents,” as provided in Exhibit A attached hereto and by this reference incorporated herein. 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. 3. That this Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO ORDAINED this _____ day of ____________, 2019. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ (CITY SEAL) Sudie Gordon, City Clerk EXHIBIT A The City’s Code of Ordinances is amended to add the following: CHAPTER 2 – ADMINISTRATION Secs. 2-778 – 2-789. – Reserved. ARTICLE VII – PUBLIC RECORDS DIVISION 4 – ELECTRONIC DOCUMENTS Sec. 2-790. – Electronic Records and Signatures. (a) An electronic record satisfies any rule requiring a document to be in writing. An electronic signature satisfies any rule of law requiring a signature. Any electronic record is signed as a matter of law if it contains a secure electronic signature. (b) An electronic signature is deemed to be secure if it is created by application of a security procedure that is commercially reasonable and provided the electronic signature can be verified. Further, an electronic signature is considered secure if it can be linked to the electronic record to which it relates in a manner such that, if the record is changed, the electronic signature is invalidated. (c) An electronic record is deemed to be secure if it is created by application of a security procedure that is commercially reasonable and agreed to by the city. The electronic record will be deemed secure when it can be verified not to have been altered since a specified point in time. Secs. 2-791 – 2-796. – Reserved. MILTON "' ESTABLISHED 2006 C ITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13, 2019 FROM: Steven Krokoff , City Manager (}) AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Posh Spa LLC., d/b/a Posh Nails and Spa, 12990 Highway 9, Suite 112 , Milton, Ga. 30004 M EETING DATE: Monday, June 17, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( YAPP ROVED CITY ATTORNEY APPROVAL REQU IRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES AP PROV AL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED r JA(Jo ()'NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF : 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 090 0 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 5, 2019 for the June 17, 2019 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Posh Spa LLC., d/b/a Posh Nails and Spa, 12990 Highway 9, Suite 112, Milton, Ga. 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Posh Spa LLC., d/b/a Posh Nails and Spa for an incidental license for Wine and Malt Beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to request to serve incidental wine and malt beverages. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Posh Spa, LLC., d/b/a Posh Nails and Spa Contact Name: Leang Heng Business Address: 12990 Highway 9, Suite 112, Milton, Georgia 30004 Type of License: Incidental – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager MILTON "' TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: June 13, 2019 Steven Krokoff, City Manag~ Consideration to Correct the Minutes of the December 16, 2013 Regular Meeting of the City Council and to Correct the Ordinance Approved by the City Council w ith Respect to Rezoning and Variance Application RZl 3-16/VC 13-06 Submitted by Arrowhead Real Estate Partners in Order to Accurately Reflect the Discussion, Actions and Decisions of the City Council at the Meeting. Monday, June 17, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: rfAPPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: r,.,r1ES 0ES AP PROV AL BY CITY ATTORNEY: ~PPROVED PLACED ON AGENDA FOR: d,/'1/ to fq () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us o eoo To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on June 13, 2019 for the June 17, 2019 Regular City Council Meeting Agenda Item: Consideration to correct the minutes of the December 16, 2013 Regular meeting of the City Council and to Correct the Ordinance Approved by the City Council with Respect to rezoning and Variance Application RZ13-16/VC 13-06 Submitted by Arrowhead Real Estate Partners in Order to Accurately Reflect the Discussion, Actions and Decisions of the City Council at the Meeting. Department Recommendation: Approve the attached corrected ordinance to rezone from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan) for a 27 lot single family subdivision property located at the northeast corner of Bethany Bend and Cogburn Road containing 9.0911 Acres. Executive Summary: The Parks at Bethany subdivision rezoning, Petition Number RZ13-16/VC13-06, was approved by the Mayor and City Council on December 16, 2013. This rezoning application was approved with conditions. Subsequently, staff discovered that the minutes and resolution did not reflect the exact conditions that were stated as part of the motion that was made and approved at the meeting. The staff has worked with the applicant to ensure that all the conditions have been incorporated into the project. This particular item only revises the minutes and the ordinance to reflect the motion that was made at the December 16, 2013 meeting. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: Ken Jarrard, Jarrard & Davis (June 13, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): A corrected ordinance to rezone from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan) for 27 lot single family subdivision property located at the northeast corner of Bethany Bend and Cogburn Road containing 9.0911 acres Page 1 of 9 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO CORRECT THE MINUTES OF THE DECEMBER 16, 2013 REGULAR MEETING OF THE CITY COUNCIL AND TO CORRECT THE ORDINANCE APPROVED BY THE CITY COUNCIL WITH RESPECT TO REZONING AND VARIANCE APPLICATION RZ13-16/VC13-06 SUBMITTED BY ARROWHEAD REAL ESTATE PARTNERS IN ORDER TO ACCURATELY REFLECT THE DISCUSSION, ACTIONS AND DECISIONS OF THE CITY COUNCIL AT THE MEETING WHEREAS, on December 16, 2013, the Mayor and City Council of the City of Milton (the “Council”) met in regular session to consider business properly before it; WHEREAS, at the Council’s December 16, 2013 regular meeting the Council considered a rezoning application with a concurrent variance submitted by Arrowhead Real Estate Partners given application number RZ13-16/VC13-06, considered Agenda Item No. 13-286 and shown as Zoning Agenda Item #1 (“Arrowhead Application”); WHEREAS, upon review of the December 16, 2013 meeting video, it appears that the minutes do not accurately capture the discussion of the Council at the meeting with respect to the Arrowhead Application; WHEREAS, upon review of the December 16, 2013 meeting video, it appears that the minutes do not accurately capture the actions of the Council at the meeting with respect to the Motion and Vote on the Arrowhead Application insofar as the Motion and Vote on the Arrowhead Application occurred as follows: Motion and Vote: Councilmember Lusk moved to approve Agenda Item 13-286 as recommended by Staff with the following conditions: • Section (1)(b) – No more than 27 total dwelling units at a maximum density of 2.97… • Section (3)(e) – Minimum heated floor area per units – 2,800 square feet, minimum average would be 3,000 square feet. • Section(3)(h) – Minimum side yard setback – 7 feet. • Remove Section (3)(j) which results in denial of VC13-06. • Section (3)(l) – After “City Architect” add the verbiage “with a minimum of 7 homes to have front brick elevations and 360-degree architecture.” Councilmember Kunz seconded the motion. The motion passed (5-2). Councilmember Mohrig and Councilmember Hewitt were opposed. Page 2 of 9 WHEREAS, the purpose of official minutes is to accurately reflect the actions and decisions of the meeting by the agency for which they are prepared; WHEREAS, the Council desires to amend the minutes of the Council’s December 16, 2013 meeting in order to fully and accurately capture the actions of the Council with respect to the Arrowhead Application; WHEREAS, the Council desires to correspondingly correct Ordinance No. 13-12-192 to read as shown in Exhibit “B” in order to fully and accurately reflect the decision of the Council with respect to the Arrowhead Application; and WHEREAS, this corrective action by the Council is not an amendment to zoning such as requires adherence to the Zoning Procedures Law and/or applicable zoning requirements of the City of Milton Code; rather, this action is merely administrative in nature to ensure that the minutes and related Ordinance pertaining to the Arrowhead Application accurately reflect what transpired at the meeting. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that, 1. The minutes of the December 16, 2013 regular meeting of the Mayor and City Council of the City of Milton are hereby deemed amended and corrected to incorporate the language attached hereto as Exhibit “A” beginning with Mayor Lockwood’s comment “going once” through and including the final statement by Mayor Lockwood: “Okay, any other discussion? Alright, all in favor please say aye. Any opposed? (Councilmember Hewitt and Councilmember Mohrig raised their hand) That’s 5 in favor, 2 opposed;” 2. The Clerk is hereby authorized to physically place an asterisk on the December 16, 2013 regular meeting minutes - at the agenda item pertaining to the Arrowhead Application - that provides that the meeting minutes and related Ordinance are deemed amended and corrected by and through the present Resolution, with the asterisk text providing sufficient cross-reference information that a reviewing party can easily locate the present Resolution (such as, “See Resolution No.19-_____ which corrects the Minutes pertaining to below agenda item 13-286.”); 3. The minutes of the December 16, 2013 regular meeting of the Mayor and City Council of the City of Milton are hereby further deemed amended and corrected to revise the “Motion and Vote” portion of the Council’s consideration of the Arrowhead Application to read: Motion and Vote: Councilmember Lusk moved to approve Agenda Item 13-286 as recommended by Staff with the following conditions: • Section (1)(b) – No more than 27 total dwelling units at a maximum density of 2.97… • Section (3)(e) – Minimum heated floor area per units – 2,800 square feet, minimum average would be 3,000 square feet. • Section(3)(h) – Minimum side yard setback – 7 feet. • Remove Section (3)(j) which results in denial of VC13-06. Page 3 of 9 • Section (3)(l) – After “City Architect” add the verbiage “with a minimum of 7 homes to have front brick elevations and 360-degree architecture.” Councilmember Kunz seconded the motion. The motion passed (5-2). Councilmember Mohrig and Councilmember Hewitt were opposed. 4. The Clerk is hereby authorized to physically place an asterisk on the December 16, 2013 regular meeting – at the location of the actual motion regarding the Arrowhead Application - that provides that the meeting minutes, text of the pertinent motion, and related Ordinance are deemed amended and corrected by and through the present Resolution, with the asterisk text providing sufficient cross-reference information that a reviewing party can easily locate the present Resolution (such as, “See Resolution No.19-_____ which corrects the Minutes pertaining to below agenda item 13-286.”); 5. Ordinance No. 13-12-192 is hereby corrected to read as shown in Exhibit “B” in order to fully and accurately reflect the decision of the Council with respect to the Arrowhead Application. 6. Notwithstanding the adoption of this corrective Resolution, the date of the conditional approval of the Arrowhead Application shall be and remain December 16, 2013. 7. Other than the asterisk(s) and cross-referencing text identified above, no other modification of the December 16, 2013 minutes is authorized by this Resolution. SO RESOLVED, this _____ day of _____________, 2019. _______________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie AM Gordon, City Clerk Page 4 of 9 Exhibit A Mayor Lockwood Going once. Councilmember Lusk Let me figure out how to craft this. Mayor Lockwood Alright, Bill. Councilmember Lusk I make a motion to approve RZ13-16/North, without VC13-06, Northeast corner of Bethany Bend and Cogburn Road by Arrowhead Real Estate Partners, LLC to rezone from AG -1 Agricultural to NUP Neighborhood Unit Plan to develop 27 single family homes at a density of 2.86, 2.97 units per acre. Two, with a seven-foot side setback, 2,800 square foot minimum heated living area with a 3,000 square foot average heated living area, 25% of the units to be 3 sides brick… Councilmember Thurman Conditions as stated by staff in the report Councilmember Lusk And the conditions other conditions stated by… Mayor Lockwood And, can I make a clarification? Councilmember Longoria Yea go ahead. Councilmember Mohrig You need to deny the…. Page 5 of 9 Mayor Lockwood I think the 2,800 to 32, you know, was the range, I don’t think that, you know, in the discussions that we heard, a 3,000 average it was 2,800 to 3,200 to 2,800 being the minimum. Councilmember Lusk Okay. Councilmember Longoria Bill, the other question I would ask is do we really want to get into explaining or deciding what materials were going to be used. I thought that the conversation opted out at let the builder build something, a product that’s going to sell as opposed to try to dictate what’s going to sell but, I mean, it is your motion, you do what you want. Councilmember Lusk Oh, I think Mr. Hicks, and correct me if I am wrong, agreed to 25% of units to be 3-sided brick. Is that correct, sir? Curtis Hicks, applicant Basically, it’s a mixture of materials it be at least 25% will have brick fronts and they may have cedar shake on other sides around them, but we had agreed just to be brick fronts with again the Crabapple product has been approved by the staff it has some siding and some cedar shake as a combination of elements wrapping the house. Councilmember Mohrig Question. Mayor Lockwood You could do a 25% parts you know if could be a brick or stone, you know. Councilmember Mohrig And, Bill are you going to suggest that we deny the variance of the width between the homes reducing…. Page 6 of 9 Councilmember Lusk I am going to address that…. Councilmember Mohrig Okay. Councilmember Lusk So, going back to clarify 25% of the units to have brick fronts. Curtis Hicks Correct, brick elevations, yes, front elevation, brick on front elevation. Councilmember Lusk Front elevation and you captured that. Mayor Lockwood You want to restate it Bill? Let’s clean it up and let’s restate it. City Manager Lagerbloom Could you yea give me 60 seconds to kind of summarize the thoughts of what I think he just did, and I’ll try to read back what I think we captured that would make it that would capture your motion. And, I’ll start that then I’ll have Ken maybe explain how you can get rid of, if you want to, the variance. I think what I heard you say was to approve RZ13-16 with staff’s recommended conditions amending condition 1(b) to change the number 28 to number 27, to change 3.08 to 2.97, further amending 3(h) to change 5 feet to 7 feet, further amending 3(e) by adding that the average square footage would be a minimum of 3,000 square feet, and changing 3(l) to include after assistance from the city architect with a minimum of 7 seven homes having brick elevations. I will turn it over to the city attorney as to how you could structure doing away with the variance. Councilmember Lusk Excuse me, could you clarify the 3,000 square foot number? I believe you said 3,000 square foot average. City Manager Lagerbloom Page 7 of 9 I think that’s what I heard you say. Councilmember Thurman A 2,800 square foot minimum with 3,000 square foot average. City Manager Lagerbloom Correct, yes, to keep it as it was but add to it that, add to the 2,800 square feet minimum that an average would be 3,000. Mayor Lockwood Kathy, do you want to just clarify because I know there was some conversation and I think you had said 2,800 minimum, and again I’m… Kathy Field Yes, our condition was 2,800 minimum the technical report that Curtis quoted me saying which is contained in there says that it would be an average of 3,000 because there would be a minimum of 2,800 and up to 3,200. If I might also in terms of the brick, I think that what needs to be captured is front brick elevation and then or alternatively is the city architect sitting behind me has suggested is that we just put in there something along the lines of a mandated 360 architecture so that all sides are designed and captured so there is no back side or whatever so that is another alternative just to put into the mix. City Manager Lagerbloom So, I guess I just need to hear you articulate what you’re intending to do and then we will put the words around it. Councilmember Lusk I agree with Kathy’s last explanation and definition of the use of brick. City Manager Lagerbloom Okay, so let me take one more stab at this then. So, I believe the motion would be to approve RZ13-16 and deny VC13-06 with the following amended conditions: to make condition 1(b) to change the number 28 to 27 and to change 3.08 to 2.97, further amending condition 3(h) to change the number 5 to the number 7, further changing condition 3(e) by adding after the minimum heated floor area per units of 2,800 square feet to include a minimum average of 3,000 Page 8 of 9 square feet and amending 3(l) to indicate that after the words with the assistance from the city architect, to have a minimum of 7 homes have front brick elevations. Councilmember Thurman And, 360-degree architecture… City Manager Lagerbloom And, 360-degree architecture. Mayor Lockwood Which to clarify, I think means all sides would be equal…. City Manager Lagerbloom It would have to have architectural review. Mayor Lockwood Okay. Is that your motion? Councilmember Lusk That is my motion. Mayor Lockwood Okay, do I have a second? Councilmember Kunz Second. Mayor Lockwood Okay, we have a motion as read into the record from Councilmember Lusk and a second by Councilmember Kunz. Is there any discussion? Page 9 of 9 Councilmember Hewitt I’ve just got one thing to say. Four or five years ago we passed a sewer map and this lot wasn’t included on it and I supported that map and in the past when we have had others that have come forward, I haven’t supported those and for that reason I won’t support this one either. I do think it is a little too dense. I don’t think I have heard from the neighbors arguing that they can see the roof tops or any of that kind of stuff so that’s why I am not going to support it. Mayor Lockwood Okay, any other discussion? Alright, all in favor please say aye. Any opposed? (Councilmember Hewitt and Councilmember Mohrig raised their hand) That’s 5 in favor, 2 opposed. Page 1 of 14 EXHIBIT B STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON PETITION NO. RZ13-16/VC13-06 A CORRECTEDN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO NUP (NEIGHBORHOOD UNIT PLAN) FOR A 27 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED AT THE NORTHEAST CORNER OF BETHANY BEND AND COGBURN ROAD CONTAINING 9.0911 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on __________ __, 2019 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at the Northeast Corner of Bethany Bend and Cogburn Road, consisting of a total of approximately 9.0911 acres as described in the attached legal description, be rezoned to the NUP (Neighborhood Unit Plan) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 832 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the NUP (Neighborhood Unit Plan) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 24 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance, which reflect correction pursuant to Resolution No. 19- _____ . Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. Page 3 of 14 ORDAINED this ____ day of __________ 2019. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie AM Gordon, City Clerk Page 4 of 14 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Bethany Bend Road with a frontage of approximately 1,371 feet should be approved for NUP (Neighborhood Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 27 total dwelling units at a maximum density of 2.97 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on November 12, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Page 5 of 14 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 4,750 square feet b) Maximum building height – 40 feet c) Minimum lot width– 47 feet d) Minimum lot frontage – 45 feet e) Minimum heated floor area per units – 2,800 square feet, minimum average of 3,000 square feet. f) Minimum front yard setback – 20 feet g) Minimum side yard setback adjacent to street– 10 feet h) Minimum side yard setback– 7 feet i) Minimum rear yard setback- 20 feet j) Provide a 20 foot wide landscape strip along Bethany Bend and Cogburn Road interior to the 10 foot Milton Trail, landscape design along Bethany Bend and Cogburn Road shall be substantially consistent with the renderings submitted to the Community Development Department on November 13, 2013 or as approved by the Community Development Director with assistance from the City Architect. i) Provide an equestrian style, four or five board fence not to exceed 55 inches in height interior to the Milton Trail. ii) Provide a minimum five (5) foot pervious walkway along the front of homes adjacent to Bethany Bend Road (interior to equestrian fence) and provide interconnectivity with the Milton Trail as approved by the Community Development Director. k) Construction and design of residential structures shall have 360-degree architecture and substantially consistent with the photos submitted to the Community Development Department on November 13, 2013 or as approved by the Community Development Director with assistance from the City Architect, with a minimum of 7 homes to have front brick elevations. All single-family residential structures will be reviewed and approved by the Community Development Director with assistance from the City Architect. l) All front porches shall be a minimum of eight (8) feet in depth. m) All structures located on a corner shall provide additional architectural design of elevations facing the secondary street/driveway as approved by the Community Development Director with assistance from the City Architect. Page 6 of 14 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. p) Provide a maximum eight (8) foot equestrian style fence w rapped with hog wire along the north property line or as needed to avoid specimen trees. q) The subject site shall not be allowed to be a “sending” or “receiving” area for “Transfer of Development Rights. r) Grading shall be limited to areas shown on the grading plan received by the Community Development Department on November 18, 2013. Graded areas shall be replanted as approved by the City Arborist. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following as required and approved by the Public Works Department: i. Provide 10 foot concrete trail and 5 foot landscape strip behind back of curb along entire property frontage of Bethany Bend 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk ii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances : 1) West Bound Right Turn Lane on Bethany Bend at Cogburn Road a. Modification to signal mast arm (match existing in like kind) at northeast corner intersection to accommodate turn lane and sidewalk improvements 2) East Bound Left Turn Lane on Bethany Bend at new Page 7 of 14 access drive 3) West Bound Right Turn Lane on Bethany Bend at new access drive b) Provide a 50 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter-parcel access on the east property line as required and approved by the City of Milton Public Works Department. c) Reserve for the City of Milton, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan and the proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. Reservation shall be approved by City of Milton Public Works Department. d) The 130 foot wide greenway/passive park along Coburn Road shall remain undeveloped with residential structures and be included as “Common Area” in the final plat. In addition, the future owner shall make the “Common Area” a permanent conservation easement. e) Apply deed restrictions to the “Common Area” preventing future sewer easements through said property. f) Relocate above ground power line to an underground easement and new power service to 13965 Cogburn Road with no interruptions. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or Page 8 of 14 deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. Page 9 of 14 REVISED SITE PLAN SUBMITTED ON NOVEMBER 12, 2013 Page 10 of 14 GRADING PLAN SUBMITTED NOVEMBER 18, 2013 Page 11 of 14 LANDSCAPE/BUFFER / FENCE DETAIL RECEIVED ON NOVEMBER 13, 2013 Page 12 of 14 Proposed Architecture submitted on November 13, 2013 Proposed Architecture submitted on November 13, 2013 Page 13 of 14 Proposed Architecture submitted on November 13, 2013 Page 14 of 14