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HomeMy WebLinkAboutAgenda Packet - CC - 07/07/20212006 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 Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Wednesday, July 07, 2021 Regular Council Meeting 6:00 PM INVOCATION – Captain Charles Barstow 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. 21-193) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 7, 2021 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) CONSENT AGENDA 1. Approval of the May 10, 2021 City Council Meeting Minutes. (Agenda Item No. 21-194) (Tammy Lowit, City Clerk) 2. Approval of the May 24, 2021 City Council Meeting Minutes. (Agenda Item No. 21-195) (Tammy Lowit, City Clerk) 3. Approval of a Contract Amendment to Transfer Siemens Mobility, Inc. to Yunex, LLC. (Agenda Item No. 21-196) (Sara Leaders, Acting Public Works Director) 4. Approval of a Change Order to the Construction Services Agreement between the City of Milton and Wilburn Engineering, LLC for the Construction of an Emergency Vehicle Hybrid Beacon for Fire Station 44 Located on SR 9. (Agenda Item No. 21-197) (Sara Leaders, Acting Public Works Director) 5. Approval of Agreement with Option Signs for Replacement Gateway Signs. (Agenda Item No. 21-198) (Sara Leaders, Acting Public Works Director) 6. Approval of Subdivision Plats and Revisions. Name of Development / Location Action Comments /# lots Total Acres Density 1. The Conservancy At Sweetapple Sweetapple Road LL 1017 & 1018 Dist. 2 Sect. 2 Minor Plat Plat supersedes previously recorded plat in Plat Book 425, page 120. Plat revised to add the road name to the 30’ access/utility easement, add addresses to Tracts 1-4, and to take land off of lot 4 to give back to Sweet Apple Phase 1 14.21 Acres N/A (Agenda Item No. 21-199) (Robert Buscemi, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 7, 2021 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing the Cambridge High School Boys Track & Field Team. (Mayor Joe Lockwood) 2. Proclamation Recognizing the Cambridge High School Boys Cross Country Team. (Mayor Joe Lockwood) 3. Presentation of the 2021-2021 Milton Fire-Rescue’s Safe and Resilient Community Strategic Plan. (Gabe Benmoussa, Fire Chief) 8) FIRST PRESENTATION 1. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. (Agenda Item No. 21-200) (Tammy Lowit, City Clerk) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 12) NEW BUSINESS 1. Consideration of a Resolution of the City of Milton for a New ARPA Account with Georgia Fund 1 State Investment Pool Account. (Agenda Item No. 21-201) (Stacey Inglis, Deputy City Manager) 2. Consideration of the Issuance of an Alcohol Beverage License to Prosperity Tree LLC d/b/a Rice and Spice, 12990 Highway 9, Suite 102, Milton GA 30004. (Agenda Item No. 21-202) (Bernadette Harvill, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 7, 2021 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 3. Consideration of the Issuance of an Alcohol Beverage License to HE RU LLC d/b/a Flippin Pizza, 5230 Windward Pkwy, Suite 105, Milton GA 30004. (Agenda Item No. 21-203) (Bernadette Harvill, Assistant City Manager) 4. Consideration of a Memorandum of Understanding Between the City of Milton and The City of Alpharetta to Waive Non-Resident Fees Associated with Therapeutic Summer Camps. (Agenda Item No. 21-204) (Tom McKlveen, Parks & Recreation Manager) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS 1. Public Works 2. Community Outreach 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 21-205) CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 29, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Contract Amendment to Transfer Siemens Mobility, Inc. Contract to Yunex LLC. MEETING DATE: Wednesday, July 7, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X July 7, 2021 X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on June 29, 2021 for the July 7, 2021 Regular City Council Meeting Agenda Item: Approval of a Contract Amendment to Transfer Siemens Mobility, Inc. Contract to Yunex LLC. ____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: On November 12, 2020, Siemens announced that in the course of continued development, the unit Intelligent Traffic Systems (ITS Business) will be carved out worldwide by the end of fiscal 2021into separately managed entities under the new brand name Yunex Traffic. In context of this global carve-out, Siemens Mobility, Inc will transfer its ITS Business in the United States to Yunex LLC on July 1, 2021. The transfer includes all contracts pertaining to Siemens ITS Business including the City of Milton Traffic Signal Maintenance Agreement. This amendment will process the name change from Siemens Mobility, Inc to Yunex LLC. Funding and Fiscal Impact: None Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – June 18, 2021 Attachment(s): Contract Amendment Siemens Mobility, Inc. 9225 Bee Cave Road, Building B, Suite 201 Tel.: +1 512-837-8300 Intelligent Traffic Systems Austin, TX 78733 www.usa.siemens.com/mobility May 26, 2021 Ms. Honor Motes City of Milton Milton City Hall 2006 Heritage Walk Milton, GA 30004 RE: Transfer of Siemens Mobility Contracts from Siemens Mobility, Inc. to Yunex LLC Dear Ms. Motes, On November 12, 2020, Siemens AG (“Siemens”) announced that in the course of Siemens Mobility’s continued development, the unit Intelligent Traffic Systems (“ITS Business”) will be carved out worldwide by the end of fiscal 2021 into separately managed entities under the new brand name Yunex Traffic. Transferred into separate companies, the ITS Business will be able to further pursue its growth strategy, shape the digital transformation of its industry and actively drive market consolidation. In this connection, the unit will leverage its market-leading position in installed systems and drive advances in digitalization. Offering innovative, smart, and comprehensive mobility solutions for roads and cities, the ITS Business is the world’s only supplier of solutions serving all the main regional standards worldwide. Most recently, the unit generated revenue of about €600 million. Since 2013, the compound annual growth rate for orders has totaled eight percent. In the context of this global carve-out, Siemens Mobility, Inc. (hereinafter “Siemens Mobility”) will transfer its ITS Business in the United States to Yunex LLC on July 1, 2021. The transfer of Siemens Mobility’s ITS Business to Yunex LLC includes the transfer of all contracts pertaining to Siemens Mobility’s ITS Business, including the following contract(s) between Siemens Mobility and you: Traffic Signal Maintenance Agreement All contract appendices as well as all rights and obligations are included in the contract transfer. In the event that a contract cannot be transferred, Yunex LLC shall, from July 1, 2021 on, fulfill obligations arising out of such contract as a subcontractor acting on behalf of Siemens Mobility. To the extent required by the contract referenced herein, this letter seeks your consent to the contract transfer and assignment and satisfies any notice requirement with respect thereto. This letter does not confer any new rights (including any right to consent to or to receive prior notice of the transfer and assignment) that do not currently exist under the contract. We kindly ask you to consent to the transfer and assignment of the contract to Yunex LLC. Furthermore, we ask you to waive any and all rights that the contract might possibly grant due to changes in the shareholder structure of the legal entity holding the contract. Please sign and send back the enclosed declaration of consent. Page 2 of 3 In addition, we would like to inform you about the following: Bank account details for Yunex LLC: Account Name: Yunex LLC Account Number: 54021624 ABA Routing Number: 031100209 Bank Name: Citibank N.A. One Penn’s Way New Castle, DE 19720 Swift Code: CITIUS33 We would ask you to please use these new bank account details only after July 1, 2021. The employer identification number for Yunex LLC is 86-2136678. If you currently have (an) exemption certificate(s) on file with Siemens Mobility, Inc. will receive an email from fts_us_tax_exemptions.us@siemens.com requesting updated exemption certificate(s) to be issued to Yunex LLC through Avalara’s CertCapture tool with their unique link to populate their exemption form online or upload their prepopulated form. Exemption certificates not received by July 1, 2021, will result in taxes being included in invoices. We are also currently in the process of reapplying for any required Contractor’s Licenses in our regions of operation under Yunex LLC. While we kindly ask you to provide us with the signed consent form at your earliest convenience, the assignment of your contract will only take place once the required licenses are in place. Please use the following contact details for correspondence relating to contractual relationships: Yunex LLC Attn: Anchal Bansal 9225 Bee Cave Road Building B, Suite 201 Austin, TX 78733, USA Phone: +1 770-598-4705 E-mail: anchal.bansal@siemens.com Should you have any questions, please do not hesitate to contact us. Thank you in advance for your support and for your cooperation. Sincerely yours, Siemens Mobility, Inc. Steven Teal Anchal Bansal Attachment: Declaration of Consent Page 3 of 3 From: Ms. Honor Motes City of Milton Milton City Hall 2006 Heritage Walk Milton, GA 30004 To: Yunex LLC Attn: Anchal Bansal 9225 Bee Cave Road Building B, Suite 201 Austin, TX 78733, USA RE: Transfer of Siemens Contracts from Siemens Mobility, Inc (hereinafter “Siemens Mobility”) to Yunex LLC Dear Ms. Bansal, We hereby confirm that we have read and understood the information in the letter from Siemens Mobility dated May 26, 2021. We consent to the transfer of the contract pertaining to Siemens Mobility’s ITS Business between us and Siemens Mobility to Yunex LLC, as specified in the aforementioned letter from Siemens Mobility. We hereby waive any and all rights that the contract grants to us for the case of changes in the shareholder structure of the legal entity holding the contract. Place: Date: Signature: Printed Name: Title: STATE OF Georgia COUNTY OF Cobb 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: 32855 Federal Work Authorization User Identification Number 3/27/2020 Date of Authorization Yunex, LLC Name of Contractor Traffic Signal Maintenance Name of Project City of Milton, Georgia Name of Public Employer MI1� I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on June 21, 202 lin Acworth ty), GA (state). r Signature ofAu o ' Officer or Agent Jshua 14 Lippincott - Account Manager Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE Sl DAY OF 20- L_. [NOTARY SEAL] My Co miss' n Expires: x m� e 41 STATE OF Georgia COUNTY OF Cobb 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: 32855 Federal Work Authorization User Identification Number 3/27/2020 Date of Authorization Yunex, LLC Name of Contractor Traffic Signal Maintenance Name of Project City of Milton, Georgia Name of Public Employer MI1� I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on June 21, 202 lin Acworth ty), GA (state). r Signature ofAu o ' Officer or Agent Jshua 14 Lippincott - Account Manager Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE Sl DAY OF 20- L_. [NOTARY SEAL] My Co miss' n Expires: x m� e 41 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 29, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Change Order to the Construction Services Agreement between the City of Milton and Wilburn Engineering, LLC for the Construction of an Emergency Vehicle Hybrid Beacon for Fire Station 44 Located on SR 9. MEETING DATE: Wednesday, July 7, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X X July 7, 2021 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on June 28, 2021 for the July 7, 2021 Regular City Council Meeting Agenda Item: Approval of a Change Order to the Construction Services Agreement between the City of Milton and Wilburn Engineering, LLC for the Construction of an Emergency Vehicle Hybrid Beacon for Fire Station 44 Located on SR 9. _____________________________________________________________________________________ Project Description: The Contractor is providing construction services for an emergency beacon for the new Fire Station 44. This signal will flash red stopping traffic of State Route 9 to allow emergency vehicles safe egress from the station when leaving for emergency calls. This change order includes a Zinc Battery Backup System (BBS) similar to a new system being implemented for traffic signals and “Tattletale” Red Light Enforcement Beacons. The BBS system shall be changed from the externally mounted system called for in the plans to the Zinc5 internally mounted system. Two Red-Light Enforcement Beacons shall be installed onto existing traffic signal heads. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 300-4101-542500000 - $8,936.00 Requisition Total: $8,936.00 Financial Review: Bernadette Harvill, June 29, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – June 4, 2021 Attachment(s): Change Order #1 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 29, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement with Option Signs for Replacement Gateway Signs MEETING DATE: Wednesday, July 7, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X July 7, 2021 X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on June 29, 2021 for the July 7, 2021 Regular City Council Meeting Agenda Item: Approval of an Agreement with Option Signs for Replacement Gateway Signs _____________________________________________________________________________________ Project Description: The Contractor will be providing material and labor to replace three existing “Welcome to Milton” gateway signs located at Hwy 9 & Webb Rd, Birmingham Hwy at the Cherokee border, and at Broadwell Pavilion. In addition to installing the new signage, the Contractor will be repainting the fences that the signs will be mounted on. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-7410-521200007 Requisition Total: $2,580.00 Financial Review: Bernadette Harvill, June 30, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – May 24, 2021 Attachment(s): Vendor Agreement and Appendix DocuSign Envelope. ID: DA2874EB=B956-4CE8-AC43-15EFCEDBF107 City of Milton chi Option. Signs - Agreement Appendix L. .Priori of Appendix: This Appendix is attachedto the price quote and: attached Terms .and. Conditions. (collective ly the `.Agreement") between the.. City of Milton, Georgia ("Customer") and St..James Place Partners, .LLC d/b/a OptionSigns ("Company"). The provisions of the Appendix. control over any contrary provisions found in the Agreement and any other document (including any other app.eridix) that. is .incorporated by :reference -into the Agreement. 2. Termination: Company shall not have the ability to terminate. the Agre.ement.for convenience, and may only terminate for material breach. by Customer. 3: Statutory Auto-Terminationand Renewal: As required by Q.C,G.A. § 36-60-13(a), to the extent the term . of the Agreement extends beyond. one calendar year, the Agreement shall terminate absolutely and without farther obligation on the part of Customer on December 31 each calendar year of.theterm, and shall automatically renew on January 1 of each :subsequent: calendar year for the remainder of the 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 personal .property (if any should transfer) shall remain in Company until fully paid for by Customer. 4. Nondiscrimination: In. accordance with Title VI of the Civil..Rights .Act of 1964, as. amended, 42 U.S.C. § 2000d, section 343 of the Age Discrimination Act of 1975, as amended, 42 US.C. § 6.102, section. 2d2 of the Americans with. Disabilities Act of 1990, 42 U..S..C. § 12.132, and all other provisions of federal law, Company :agrees that, during performance of the 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 becau.se.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 inevery subcontract for services. contemplated under the Agreement. 5. Sovereign In muni Indemnificatioty. Nothing contained in this Agreement.shaIl be construed to be.:a waiver of Customer's sovereign immunity or any individual's qualified, good faith or official immunities. No provision of the Agreement .shall be construed. to impose. a contractual duty of defense: or indemnification upon the Customer. All provisions in the Agreement calling for defense or .indemnity by Customer are.deerried deleted. Claims against Company and Obli ations of Customer: Notwithstanding any contrary provision(s) of the Agreement: (a) no payment .by Customer shall .constitute a waiver of claims. by Customer:; (b} Customer does. not.assume liability. for, or waive or release Company from, liability for damage or harm caused by. the negligence, improper contractual performance,. or other wrongdoing of Company; (e) Company shall be responsible for delays that were within its.reasonable control; (d.) Customer will not protect Company against shipping .damage And loss; (e) Customer's responsibility to inspect. goods and workmanship shall be a reasonable time .under the circumstances. and shall riot be limited. to 24 hours after receipt; (f) Customei's.obligation to make payment shall be a reasonable time following payment:and nothing in the:Agreement shall require payment within 24 hours of any notice or termination; (g) Customer's responsibility to report problems shall be:a reasonable tixne. under the circumstances and immediate .reporting shall not. be required.; di) Docu$igry Envelope ID: ©A2974EB- B9.5B 9QEB AC43-95EFCEQBF1 E7.. C.ustotner.shall not be responsible to supervise the Work of Company or ensure that .Company. performs the Work safely and property, [i] Company. may not unreasonably delay; pause or cancel the Work, but instead shall carry out the Work promptly. 7. Customer's Su ervisor: Castomer's on-site supervisor shall only have the right to bind Customer to the extent permitted by law. 8. Default: Either. party :shall be in default of the Agreement only when it has actually failed to perforin in compliance with the Agreement, has received notice of same from. the other parry, and has failed to cure the nonperformance within a reasonable period following. notice. There shall. be no limitation on remedies for breach, Neither party shall .have `'sole. discretion to. declare the other in default; a.claim of default shall be supported by the actual circumstances. There shall be.no right. to enter Customer's property without. permission, even upon event of default.. 9. Assignment_ Neither party may assign the Agreement without permission from the: other party 10:. Com Iiance with the Georgia Open Records Act: To. the extent required by law,. each party agrees to comply with:the Georgia Open Records Act.(O,C.G.A. § 50-18-70, et sect:) :and no..confidentWity requireinent in the.Agreement shall impose: any obligation inconsistent. with the rights And duties created by. that Act. The .parties further specifically agree that this Agreement shall .be considered . in a public meeting of the Mayor and City Council of Customer, and spread upon the public minutes of such. meeting. 11. Ethics. Customer and Company acknowledge that it isprohibited for any person to offer, give, or agree to.give any City of.Milton employee or of6icial, or for any Cityempioyee 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 ruli lg,:determination, claim.or controversy, or other particular matter, pertaining to any program requirement or a contractor: subcontract, or to any solicitation orproposal therefor: Customer and Company further acknowledge that it is prohibited far any payment, gratuity; or offer of employment to. be made by .or on behalf of a sub -consultant under a contract to Company or any higller .tier sub -consultant, or any person associated therewith, as.an inducement for the award of a subcontract :or order. 12.. Employment of Unauthorized Aliens Prohibited --- E-Veri Aftidavit: The parties agree and acknowledge that because the "service" component of the .Agreement is less than $2;500, the Agreement is not one for thee.. "physical. performance of services" as defined..in O.Ci.G A. § 13-10- 90. 13,. Notice: Notices between the parties %shall .only be sent. via the following methods and be shall be effective, when, (I) personally hand -delivered, or(2) on the third day after the postmark date when mailed by certified mail, postage prepaid,. return receipt requested, or (3) uporr actual delivery when sent via national overnight commercial carrier, QgcuSign Envelope ID: DA2874EB=B95B4QEs-A043.15EFCEDBFIB7 14. Law, Venue: The Agreement shall be governed by Georgia .law without regard to choice of law principles. Exclusive venue. for any disputes arising out of the Agreement shalt be the state. and federal courts serving Fulton .County, Georgia. .Any .provisions of the Agreement calling for arbitration are deemed deleted. 15.: Authori to Contract: The individual executing the Agreement on: behalf of each party covenants and declares that he/she has obtained all necessary.4pprov.als of the necessary hoard of directors, stockholders, board of commissioners, general partners, limited partners or shnilar authorities to sitnultaneously execute and Bind the party to the terns of the Agreement and this. Appendix.. [SIGNATUR) S.6N FOLLbWING PAGE I DOCUS-9n f_nveIape 0- UA, 8/4kB-B95U-4018-AC43-I5F-FULUbi-1Li7 IN WITNESS WHEREOF Customer and Company have executed this Appendix. effective as of the effective date of the applicable Agreement. St. James Place Partners, LLC d/b/a Option Signs: DSigned by Signature: Tucker TWitmyer Print Name: Title: PfMdAVVice President (Corporation) [ AttestlVVitness: CORPORATE SEAL) Signature: Print Name: Title: $ (Assistant) Corporate Secretary Attest: Signature City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] DocuSign Envelope ID. DA2874EB•B95B-4OE8-AC43-15EFCEDBFIB7 OPTION SIGNS d FHYIRONY€NTAC GR APH3C5 Qu I I ote r u • � !� • Option Signs 05/05/2021 QUO002879 165A Tidwell Dr Alpharetta GA, 30004 (770)-569-5871 United States City Of Milton City Of Milton 2006 Heritage Walk 2006 Heritage Walk Milton GA 30004 Milton GA 30004 United States United States Expires•ject Scope Defined By 06/04/2021 PROJ33796 ACM Gateway Signs TBD Item Qty Description Unit Price Extended Tax ' ate PROJ33796.ST A 2 48 x 96 x 3mm ACM panel with digitally printed 360.00 720.00 graphic. Installed with Visible fasteners PROJ33796.ST B 1 36 x 72 x 3mm ACM panel with digitally printed 360.00 360.00 graphics installed with visible fasteners OCS Installation Per 1 OCS Installation Price Per Project. Includes removal 1,500.00 1,500.00 Project. of existing sign - If required. Paint existing post and panel fence section (both sides one section) and install new ACM pane Is with visible fasteners. Total $2,580.00 Pricing valid for 30 days with the understanding that materials costs are subject to increasing volatility, Price is subject to change if the underlying materials cost increase by more than 3% following the date of this document. 1111111111111111111111 III 111 III CU0002879 DocGSign Envelope HJ: DA2874ES-Bg5B-40EB-AC43-15EFCEDBF1B7 OAKH U RST OMON31GH3 B G I L 0 1 N G B R A N f: frranxrarwwurei i Terms and Conditions, Customer Sales Order Agreement: This agreement Is between Company and Customer, (the Parties) each defined below. This agreement covers Work conducted by Company on behalf of Customer, Priority: This agreement may be modified by duly executed appendices. Executed appendices are deemed to control and modify the rest of this agreement. if Company enters into a Customer agreement or contract, that Customer agreement w contract is deemed to be controlled and mod -died by this agreement and this agreement and Its related documents are made an integral Part of the Customers agreement or contract. This agreement Contains the full, ftnaI and complete agreement of the parties and supersedes all prior agreements or representations, whether verbal or written unless specifically noted herein- Qualifications: Customer represenu and warrants that it is a} Is Fully qualified and authorized in every respect to agree to Work and bi that it is and will remain throughout the term of this agreement pmperfy authorized, licensed, insured, equipped, organized, and flna need- Customer assumes all liability and reWtlng to satisfaction of these qualifications and this agreement. Work: Company shalt furnish labor, materials, equipment, insurances, bonds, warcantles required to satisfy the scope of work as described al in this agreement, by the appendices to this agreement, and c) the drawings referenced in the appendices to this agreement. Work does not include a) landscaping beyond customary grading and leveiing, and b) removal of dirt. Changes Orders; Work can be amended by mutually agreed Change Orders. Change Order must be agreed to In writing by both parties our to the commencement of the changes- AN Change Orders are su bfect to this ag(eement- Mice: Customer agrees to pay Company the Price as detailed in the appendhr- Such Price covers Work and shall be adjusted for a) exceptions noted in this agreement, b) additional costs or expenses noted In the appendices, cj changes required by permitting or engineering, d) final site inspection, and e) executed Change Orders - Payments: Customer agrees to pay Company according the schedule In the appendices of this agreement and subject to the conditions herein. Company has the right in its sole discretion to withhold Work If Customer falls to perform under this agreement or fails to make proper payments. Customer agrees that payments to Compa BY serve as a waiver of release of claims against Company. Late payments, as dell ned in the append Ices, are subject to a 1-S% simple, ran -accruing monthly service charge, Calculated on a daily pro -rated basis. liens: To the fullest extent perm [tied by law, Company, for itself, Its su bCQ0tlaC[0rS, Its suppliers, and all parties acting through or under it, reserves the right, in its sole discretion, to file liens or make arty cls int against Customer, Campa ny, or real estate, properties related thereto or any part thereof, or against any building or buildings or other improvements erected or made to be erected or made thereon, should the Customer rat make proper payments in a timely manner. site Plans and Documents: Customer shall provide Company with a] civil, design, architectural, and construction plans including elevation, section, and structural detalrs, and b) sail reports. Customer assumes all liabillty for errors or changes In plans, designs, specifications, or drawings furnished by Customer - Permits and Approvals= Customer will furnish a) perm Its and b) building owner approvals and assumes all 1[abikty related to Permits unless otherwise agreed to In the appendices to this agreement. Engineering: Company is not required to obtain engineering approvals or stamps- Customer assumes all liability related to changes in Work required by engineering. Customer assumes all liabillty and holds Company harmless for any damages caused by Work to bulid hilts, structures, grounds, or any other Property - Schedule: Company shall not be held responsible for delays caused by a) shortages or supply of material, b) unforeseen acts of God [For example: tire, flood, pandemic, etc.], Or C) hazardous or poor weather conditions - Installation Conditions. Customer assumes all liability for a) damage to existing landscaping, water Imes, sprinklers, wgrounds, b) provision cf free and clear access to insta llatlon sites for lifts, cranes, and other installation equipment, c) additional costs Incurred due to disturbed soil, underground obstructions, unforeseen ground, rock, ledge, water (e.g water table higher than the lowest point of a foundation), or building conditions isuch as brick, masonry, or structu rah deficiencies), d) damage to Work following installation whether caused by the actions of other persons or contractors or by Insufficient wall conditions (e -g. uncured Paints), el debris left by other Contractors, f) damages [ecu rred to property when Company is opera ting under the instructions of Customer (e -g- Instructed to operate heavy equipment on paving), g) demolition, h) wall repair and painting in any location where an item was removed as part of Work. Electrkal and Data Responsibilities: For powered Work, Customer assumes responsibility and all liability for provkling a) 120V electrical service with dedicated fault Iine to Work, b) final hookup of electrical service to Work, C) disconnection of existing electrical service, d) any damage caused by impraPar voltage, e) connection of controlling devices and do to networks- Incorrect voltage voids any warranty associated with electrical components of Work. Shipping: Customer agrees to protect Company against shipping damage and loss. Customer assumes all shipping damage and loss liability if before signing for receipt Customer fairs to: a) inspect all shipped packages and items, b) notes the word "Damage" or "Missing" on the shippers and receiver's paperwork if Contract suspects that damage or loss might have occurred, c) forwards within twerny-four (24) hours of recel pt i) a copy of the shipping receipt with the note, III an itemired summary of the damages or losses, and Iii) photographic evlde nee of the damaged packaging prior to openl ng, damaged items in the opened packaging, and damaged items after unwrapping. Customer assumes all liability related to shipping delays - Item Claims: Customer assumes all liability for additional mobl fixations, work, rework, replacement, and other costs associated with correcting missirrg, damaged, or pcor•qual lty Items le g. products, templates, goods, materia k) if Customer fails within twenty -Four int) hours of receipt to provide Company with a summary and photographic evidence of the hems requiring rework, replacement, or fulfl Iment. Cu stomer assumes all liability for damages caused by Protective tape not removed within twenty-four (24) hours of receipt. Customer assumes art liability for Items that have been received and are unfixed and uninstalled (e.g. stored at the Customers location)- MoWljzatlons: The Work includes a rximber of installation mohilitations as specified in the appendices to this agreement, called the Base Mobillzatlom- Additional Mobilizations caused by issues beyond the control of Company will incur addltlonaI Price. Each mobilization is each defined as starting on a weekday and ending no later than Friday night of that same week. safety: Customer ova Monts that it w111 properly su pewl se and comply with all laws, ordinances, workplace safety requirements, and OSHA safety requirements and hrdemn lfles Company against any 1955 or claims from Company or Customer employees, related parties, or subcontractors related to safety failures, incidences, or aCCidents. Company Is only responsible for compliance With Customer safety programs on the days that Compa try has personnel on site - Site Supervision: Customer agrees that it will leave a supervisor present and available when conducting Work at Customer site- Customers su pervlsor will have the right to bind Customer. Continuity: Customer agme5 that It has no expectation of continuous performance but will make a best effort to provide the opportunity For continuous performance. Customer assumes all liability caused by non- contft u us performance. Company has the right to delay, pause, or cancel Work- site Problems or Question Cmnmunica don: Customer agrees to immediately notify Company of any problems or questions - Protection of Work: Customer is responsible for the protection Of Work or items of Work following imtallation- Compliance and Inspections: Customer is responsible for a) posting air required permits and regulatory dow ments and, b) sdoduling, facilitating, and forwarding all results of required Inspections, including concrete and final inspections, unless athe noise agreed to in the appendices to this agreement. Customer is iia ble for any add itiunal costs and Work resulting from failed Inspections. Company Acceptance and Proof of Performance: Customer agrees that upon verbal or written acceptance of Work, such work shall become payable. Customer agrees to review and approve Of deny with comments ali Wtailed work within ?4 hours of Company request. Customer agrees that its failure OF inability to review and approve or deny installations within the specified time constitutes acceptance of Work and assumes responsibility to pay for that Work. PrOOf-Of-Perftumance Technology: If requested by Company, Customer agrees to use Company-suppi[ed porta[ for review of Proof of Perfurmance- Warranty: Company warranties a) Work will be done to the specifications provided In the referenced drawings, b) workmanship, consumables, non -electrical components, fittings, fixtures, male6al% adhesion, and level, plumb placement for one 11) year from the Company Accepla nce date. Electrical components are warrantied for one (l) year from installation. There Is rio warranty on a) electrical bulbs or b) work that has been damaged by improper maintenance, hard water stales, acts of vandalism, extreme weather, wildlife, acts of God, or other Issues beyond Company control. Customer agrees that a 11 warranties are subject to reasonable maintenance of Work and agrees to provide documentation of such maintenance upon request of Company and prior to Company assuming Iia blD[y for warrarny cis kms- Warranty claims do not corer rental equipment necessary to conduct repairs- Customer must notify company within 10 )ten} days of discovery of the issue or this warranty is va6d- Confidentiality $ NowSalkitatlon & Intellectual Property- This is a confidential agreement is between Company and Customer- Customer assumes all responsibility and liability for the use of registered trademarks or copyrights. Compa sty has the right to use photographs and videos of Work for pu bile relations and marketing- Customer agrees not disclose any details of this agreement or the Work with any other party other than the u ltlma[e owner of the Work or the ultimate owner's affiliates and representatives. Customer agrees not to soliclt Company em plyees. Company and Customer acknowledge that they may have previously entered into Confidentialityy. Non -Disclosure, and Non -So] [citation A" ments, and that the provisions of such agreements are independent of this agreement remain in force and effect as of the date of exewtlon, and shall not be deemed abrogared or superseded by this agreement. The Customer agrees that nothing herein or In any other communication grants It license under any patent or intellectual property right of Company or its affilia les. Taxes: Customer acknowledges that Work may be subject to taxes or fees- An estimate of any known tax o- fee may be Included in the Price- Customer shall be responsible for the payment of the actual amount of any tax or fee, regardless of whether there is an estimate of Such tax or fee quoted. If [here is an applicable Exemption, Customer shall provide to Company at the time of the execution of this agreement a current and valid exemption certificate and shall assume all liabillty as to the validity of the exemption. If it is determined by any state, Iml or other governmental authority that the certificate provided to Company by Customer Is Invalki for any reason whatsoever and an assessment of a tax or fee is imposed on Company, Customer agrees to immediately either pay said assessment in full to the governmental au[hortty or reimburse Company for any and VAP - FRM - Cstmr T and Cs - 01.docx (page 1 of 2) a Initials Company Confidential 111:7 Initials Customer DocuSign Envelope 10: DA2874EB-B95B-40ES-AC43-15EFCEDBFIB7 OAKH U RST OPTIO�ISiCH3 r. I Butt, nt DING B R h N 17 5 Terms and Condition, Custorner5ales Order all amounts Paid try a to the governmental authority including, without kind, [fan, any penalties and interest, that result from the assessment. Said payment or reimbursement shall be made by Customer to the governmental authority or Company without offset or reduction of any kind. Relationship: Company ks In all respects independent and is not an agent of Customer nor can it bind Customer. No personnel employed by Company shall be deemed under any clrcumstances to be agents, represe natives, or employees of Customer. Customer is In all respects independent and is not an agent of Company nor can it bind Company. No personnel employed by Customer shall be deemed under arty circumstances to be agents, representatives, or employees of Cam pa rry, indemnification: TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER ACKNOWLEDGES THAT COMPANY WILL RELY ON CUSTOMER'S REPRESENTATIONS AND CUSTOMER COVENANTS TO DEFEND, INDEMNIFY, HOLD HARMLESS, PROTECT, AND EXONERATE COMPANY AND ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES, OWNERS, AND SURETIES AND CONTRACTORS, SUBCONTRACTORS, DESIGNERS, AND ENGINEERS, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL LIABILITY, CLA1M5, DAMAGES, LOSSES, SUITS, ACTIONS, DEMANDS, LIENS, ARBITRATIONS, ADMfNATRATIVE PROCEEDINGS, AWARDS, IUDGMENTS, EXPENSES, COSTS, AND ATTORNEYS' FEES PERTAINING TO ECONOMIC LOSS OR DAMAGE, LABOR DISPUTES, SAFETY REQUIREMENTS, PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS, CERTIFICATIONS, PROPERTY RIGHTS OF THIRD PARTIES, PERSONAL INJURY, BODILY INJURY, SICKNESS, DISEASE, DEATH, OR DAMAGE TO OR DESTRUCTION OF PROPERTY IJNCLUDING LOSS OF USE THEREOF] WHICH [Jj ARE CAUSED IN WHOLE OR IN PART BY THE COMPANY (HEREIN DEFINED TIO INCLUDE BUT NOT RE LIMJTED TO THE COMPANY'S OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SO&CONTRACTORS, SUPPLIERS, CONTRACTEES, AND INVITEES OR OTHER THIRD PARTIES CONNECTED WITH THIS AGREEMENT OR THE AGENTS OR EMPLOYEES OF ANY OF THE", (9) ARISE FROM OR OCCUR IN CONNECTION WO WORK UNDERTAKEN OR TO BE PERFORMED By THE COMPANY, REGARDLESS OF WHETHER THE SAME IS WITHIN OR BEYOND THE SCOPE OF WORT(, OR [1111 ARISE FROM OR ARE CONNECTED WITH ANY OTHER ACT OR OMISSION RELATING TO THE COMPANY, THIS AGREEMENT, OR THE WORK, IT 15 THE SPECIFIC AND EXPRESS INTENT OF THIS AGREEMENT FOR THE FOREGOING COVENANTS AND INDEMNITY OBLIGATIONS TO APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER THE LIABIUTY 15 CAUSED IN PART BY A PARTY INDEMNIFIED HEREUNDER INCLUDING, WITHOUT LIMITATION, WHETHER OR NOT THE SAME BE CAUSED eY, OR ARISE OUT OF, THE JOINT, CONCURRENT, OR CONTRIBUTORY NEGLIGENCE OF A PARTY INDEMNIFIED HEREUNDER, Term and Termination: This agreement begl ru on the date of acceptance by both parties and shall continue until terminated, in writing, by either Customer Or Company. The agreement shall inure to and he binding upon the part les hereto, their successors, assigns, execurtors, administrators, and legal representatives. Ali of Customer's representations, warranties, and obligations under this agreement shall survive final payment and/or terminatlon of this agreement Customer reeogntzes that Work is oustomiza and agrees that upon terminatlon, Customer shall pay for all al completed Work, b] Work in process, and cJ raw materials purchased, such payment to be made within twenty-four [24} hours of termination. Default & Remedy: Customer shall be deemed In default, if at any time, the Customer shall, in the sole discretion of Company Tail to a} perform in compliance this agreement or bl deliver payment in a timely and proper manner, Customer's sole and exclusive remedy for termination shall be those expressly provided and under no circumstances shall the Customer be erattled to other recovery of any nature except for receipt of completed or in -process Work and raw materials invoiced and paid for by Customer. Until the price is paid In full, title to Work products remain with Company and shall not be deemed transferred to Customer or to constitute a part of the realty to wh lch they are attached and at all time shall be severable form the realty. H the Customer Is in default as decided by Company in its sale dlscret ion. Company or its agents and assignees may at once, without process Of law, enter the realty upon which the Work products are attached and may remove and take possession of all Work product Should the removal of such Work product cause damage to the realty, the Customer assumes all Nobility associated with the damages. Interpretation: The terms and provislom of this agreement will be deemed severable and the invalidity or imenforeea hil by of any provl stop will not affect the we Wity or enforceability of the other provis Ions hereof; provided that if any provblOn of this Subcomract, as applied to any party or to arty dreumsta nce, is adjudged by a court or arbitrator not to be enforceable in accordance with its terms, the parties hereto agree that it is their desire that the coup Or arbitrator making such determl na elan modify the provksron, including withour limitation, title ting specific words or phrases, In a manner cansLstent with its objectives, and in its modified form, such provision will then be enforceable and will be enforced. It is the Intent of the parties hereto that the court w arbitrator, in determining any such enforcea bie modified provision, recognize that it is their Intent that the provisions hereof be imposed and maintained to the greatest extent possible, Liability for Payment: Customer hereby expressly warrants and agrees that Company I$ relying upon the credit, solmnry, and financial sta bllity of Customer and no one else Company for payments of Work performed under this agreemem. The Customer expressly accepts the risk of payment, Uabi ft for Damages: Company and Its employees, managers, owners, affiliates, subcontractors, and assignees are not liable for liquidated damages. Assignment and subrwntracting: Comp@ny has the right to assign or subcontract this agreement Customer does not have the right to assign the agreement. Disputes: Upon execution, this agreement shall be deemed to have been entered Into in St. Petersburg, Florida- The laws of the state of Florida govern this agree me rit and all actions or proceedings instituted by or against the Company upon any cla lm or cause of action ar Ldng out of or rela trig to this agreement at this project shall he commenced in the Circa it Court for Pinellas County, Florida, or the United States District Court far the Middle District of Florida- Claims, citspu tes, and other matters in controversy between Company and Customer (Including any affil'am$' agents, employees, representatives, and sureties of either of them) arising out of or relating to this agreeme nit shall be decided by binding arbitration in accwda rice with the current and applicable Construction Industry Rules and procedures of the American Arbitration Association, except if the Company in good Faith believes that any daim, dispute, or matter In controversy with the Customer also Involves rights or liabilities to other third parties, then, at the [ompan y s sole election, the Customer agrees to resolve such issues in the same forum or proceeding, including arbitration, court, or administrative authority, which has jurisdiction over some or all claims, disputes, and me Item in controversy Involving the third party so as to promote economy and avoid inconsistent results. The award rendered by the arhttramr or arbitrators shall be Erna 1. EACH PARTY HERETO HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY SUIT, ACTION, OR PROCEEDING IN WHOLE OR IN PART AND WHETHER DIRECTLY OR INDIRECTLY, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. Headings: The descriptive headings of the sections and subsections of this agreement are for corrvenlence only, and do not affect this agreement's construction w interpretation. Notices: Any notice provided for herein to Customer may he given in writing by United States mall, and shall be considered as given when addressed to address of the Customer as listed in the appendices and deposited in the United States mail, and she li be effective For all purposes, as of the time of such deposli, whether actually received by Customer or not. Notice by any other means Ihwluding, without limitation, e-mail ant facsimile] shall be effective when communicated to or received by CLstome r. Any notice provided for herein to the Company shall be considered as given only when receipt is acknowledged in writing by Company. Signature: the parties may execute this agreement in any number of Counterparts, each of which is an origl nal but all of which constitute one and the same Inst nume rit. This agreement, agreements ancillary to this agreement, and related documents entered Into in connection with this agreement are signed when a party's signature or approval is delivered by Facsim Me. ema ll, or other electronic medium. Electronic and facsimile slgnatu res shall be treated in all respects as haying the same force and effect as Orginal signatures. On behalf of Customer: I have the authority to bind the Customer and do herby acknowledge and agree to these Terms and Conditions. Authorized Signature Title of Signer Customer Company Name (the "Customer") l Date of Signature Rest of page intentlariolly left blank. IAP - FIRM - Cstmr T and Cs - 01. do" (Page 2 of 2) Confidential On behalf of Company: I have the authority to bind the Company and do herby acknowledge and agree to these Terms and Conditions, —Docu-NQRW by: —E36S%2M2ED4F8.,, Authorized Signature President Title of Signer Option Signs Company Name (the "Company") t1512o21 Date of Signature DIS Initials Company Initials Customer DocuSign Envelope IO: DA2874EB-B958-4GE8-AC43-15EFCEOBF1B7 C OPT[ 31GN3 a @MYUL**ii Ti4 CIMflnci Terms and Conditions, Commercial Customer Sales Order Appendices Appendices to Terms and Conditions, Custorner Quote: Upon written acceptance, these appendices, referenced Company Quote or Purchase Order, and Company Drawings are hereby incorporated into the Terms and Conditions agreement agreed to by Contractor and shall become a pan of the agreement. Terni: Net 20 wW: ;'L Prices, terms, and conditions are offered for acceptance within thirty (3 0) days from the date of delivery to Customer. Price: $2,580.00 This is the total Pr] ceto be charged to Customer by Company under the agreement, less any Reimbursable Expenses detailed below. This Price is subject to change pending final approvals of permits, engineering, and final inspection of the installation site. Reimbursable Expenses In Ade iti— to th. rP t Cuctnmor por to —i -h-- tho fAl—inn —A ------- Expense Item Description and Additional Charges Beyond the Price Quoted Above Additional Mobilizations Number of Base Mobilizations In Original Price: Qty (1) Additional Mobilizations: Per Trip Charge (fuel, travel, etc.): $250 Per Person Day Charge: Per Overnight Charge: U nforeseea bi e Ground or Building Conditions No repair or replacement included for fence painting Survey N/A Freight N/A Permitting NIA Engineering N/A Pay Application Fees N/A Credit Card Processing Fee 3% of the amount paid CCIP /OCIP N/A Owner Directed Purchases N/A T errr7 s This agreement is non-bonding unmil both parties sign and initial the I) Sales Order referenced , ill below referenced Terms and Conditions, iii) these Terms and Conditions Appendices, and iv) the below referenced drawings. Customer acknowledges that these documents are an integral part of the agreements. References - Corn pan Drawings File that Defines Work Under this Agreement: To be provided Com panyTerms and Conditions File: PRO.133796 Corn panyTerms and Conditions Appendices File: PROJ33796 Com pany Quote Number or Sales Order Number: QU0002879 Contact Information. Company and Company Representative: Contractor will direct all communications to the Company representative listed below unless expressly directed otherwise by he Company representative or that person's designated proxy Company Name: Option Signs and Environmental Graphics Com pany Add ress : 165 Tidwell Dr, STE A, Alpharetta, GA 30004 Company Tel@phane: 770-569.5871 Contact Name: Serena Johnston Email: s.johnston@opbonsi ns.com Cell: 678-939-9M9 Customer and Customer Representative: When instructed, Contractor will direct all communications to the Customer Representative listed below unless expressly iirected otherwise by the Contractor Representative, In writing: Customer Name ('Customer): City of Milton C ustomer Ad d ress: 2006 Heritage Walk, Milton, GA 30004 Customer Telephone: 678-234.7160 Contact Name: David Bergmaier Email: David.bergmaier@cityofmiltonga.us Cell: 678-234-7160 PrNiminary Performance Dates: Vote that the dates listed below are a) for planning purposes onl , b are not commitments of performance on either party, and c are subject to change. Date Contractor Milestone To -Be Completed by Date Within 30 days from 11.r. :, Proceed issued by the City of Milton Payment rvlllestone Schedule: fhe Contractor will be paid according to Cost SchedWe and the following schedule: Milestone Amount or %of Cost to be Paid Documentation Required For App rovaI Prior to mobilization I PO from client Post Company Acceptance 100% Invoice and payment is net 20 from completion layments are can side red late if not paid within 30 days of invoicing. Ds City of Milton. docx (Page i of 2) 1itiompany Confidential Ini iafs Contractor ❑ocuSign Envelope ID: DA2874EB-895B-40E8-AC43-15EFCEQBFTB7 ❑p7'ICEN SIGNS -6 11 HVIROWNHYAL aeanxu Terms and Conditions, Commercial Customer Sales Order Appendices Additronor ,.. . o,. Company agrees to the following additional requirements as part of Work: OS assumes free and clear access at time of instal[. OS Assumes all fence sections are sound and complete. Any deviation From that may incur a non - install, and additional trip charge may be incurred. Client to provide color name for paint/stain to be used. If specialized paint /stain required, additional fees may apply. On behalf of Contractor: I have the authority to bind the Contractor and do herby acknowledge and agree to these Terms and Conditions. Authorized Signature Title of Signer Contractor Company Name (the "Contractor") Date of Signature Rest of page lntentionolly left blank. On behalf of Company; I have the authority to bind the Company and do herby acknowledge and agree to these Terms and Conditions. DocuSiyned by; u a'riz`�a °gnature President Title of Signer option Signs Company Name (the "Company") /15/2021 Date of Signature Ldrl, City of Milton.docx (Page 2 of 2) ompany Confidential Inntr,, or 2G ^ W t �r 3illliV y � 33p5p5 CJ L..ad A G y L7 G C V- IL �IraS c&�sgs f2 E ® HF, I- T- iu 40 x 5 x x S2 x a. CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 29, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions. MEETING DATE: Wednesday, July 7, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X July 7, 2021 X To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Director Date: Submitted on June 29, 2021 for the July 7, 2021 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats 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 Minor Plat for The Conservancy At Sweetapple supersedes the previously recorded plat in Plat Book 425, page 120. This plat has been revised to add the road name to the 30’ access/utility easement, add addresses to Tracts 1-4, and to take land off of lot 4 to give back to Sweet Apple Phase 1. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Consent Agenda Plats Staff Memo Page 2 of 4 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. The Conservancy At Sweetapple Sweetapple Road LL 1017 & 1018 Dist. 2 Sect. 2 Minor Plat Plat supersedes previously recorded plat in Plat Book 425, page 120. Plat revised to add the road name to the 30’ access/utility easement, add addresses to Tracts 1-4, and to take land off of lot 4 to give back to Sweet Apple Phase 1 14.21 Acres N/A Consent Agenda Plats Staff Memo Page 3 of 4 The Conservancy at Sweetapple The Conservancy at Sweetapple Consent Agenda Plats Staff Memo Page 4 of 4 The Conservancy at Sweetapple CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 29, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing the Cambridge High School Boys Track and Field Team. MEETING DATE: Wednesday, July 7, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ July 7, 2021 X X X Proclamation Recognizing the Cambridge High School Boys Track & Field Team WHEREAS, student athletes participating in the sport of track and field better their bodies and minds, learn valuable life lessons, develop important relationships and accomplish meaningful achievements; and WHEREAS, the Cambridge High School boys track and field team won the newly formed Region 7 of the Georgia High School Association 6A classification in April 2021 by defeating seven other region foes; and WHEREAS, this continues a produce tradition for the Bears team, which (along the Cambridge High girls) finished second statewide in 2019; and WHEREAS, Cambridge High’s boys team features a mixture of young and older top- level students who make the city of Milton and Fulton County School system proud with their athletic accomplishments; and WHEREAS, these Bears also excel in the classroom and the community; and WHEREAS, some members of the Region 6A winning team are now representing their alma mater and Milton well at colleges across the United States; and NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and honor the Cambridge High School Boys Track and Field Team congratulation them for their hard work and achievement. Given under our hand and seal of the City of Milton, Georgia, on this ____ day of July, 2021. ____________________________________ Joe Lockwood CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 29, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing the Cambridge High School Boys Cross Crounty Team. MEETING DATE: Wednesday, July 7, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X July 7, 2021 X Proclamation Recognizing the Cambridge High School Cross Country Team WHEREAS, runners who compete in the sport of cross country see how discipline, diligence, and dedication can contribute can make them not only better athletes but better people; and WHEREAS, those doing cross country in Georgia schools have opportunities to forge lifelong relationships and accomplish great things; and WHEREAS, the Cambridge High School boys cross country team did just that in November 2020 when it won the Georgia High School Association 6A state championship, defeating 31 other teams in Carrollton, Georgia; and WHEREAS, this title reflects the latest and greatest accomplishment for the Cambridge High School cross country program, whose boys and girls teams earned state championships in 2017, 2018, 2019 and 2020; WHEREAS, the Bears boys includes underclassmen and upperclassmen who, in their own ways, made important contributions to the teams’ overall success; and WHEREAS, the Cambridge High School boys represented the city of Milton with great honor on the course, in the classroom, and in their communities; and WHEREAS, some members of the 6A state champion team are moving on to excel at universities across the United States, with bright futures ahead beyond that; NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and honor the Cambridge High School Boys Cross Country Team and congratulation them for their hard work and achievement. Given under our hand and seal of the City of Milton, Georgia, on this ____ day of July, 2021. ____________________________________ Joe Lockwood CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 29, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. MEETING DATE: Wednesday, July 7, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ July 7, 2021 X X X X To: Honorable Mayor and City Council Members From: Tammy Lowit, City Clerk Date: Submitted on June 28, 2021 for the July 7, 2021 Regular City Council Meeting (First Presentation) and July 19, 2021 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. Project Description: On November 2, 2021, an election will be held in the City of Milton to elect the Mayor and City Councilmembers for District1/Post 1, District 2/Post 1 and District 3/Post 1. O.C.G.A. §21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the Intergovernmental Agreement is attached to the ordinance and incorporated herein. Financial Review: The General Election fee of $155,039.00 includes $84,671 for the November 2, 2021 General Election and the amount of $70,368 for a potential run-off election to be held on November 30, 2021. This fee will be paid to Fulton County in advance of the election and maintained by Fulton County in a separate election account. Within 90 days after the election or run-off election, Fulton County will issue a refund of any excess fees or invoice the City if the fee is insufficient to cover the City’s pro-rata share of the costs of the election. Bernadette Harvill (July 2, 2019) Legal Review: Sam VanVolkenbergh, Esq., Jarrard & Davis, LLC (May 22, 2021) Page 2 of 2 Attachment(s): • Ordinance of the City Council to Authorize Fulton County to Conduct Election • Intergovernmental Agreement for the Provision of Election Services between Fulton County, Georgia and the City of Milton, Georgia Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in regular session on July 19, 2021 at 6:00 p.m. as follows: WHEREAS, on November 2, 2021, an election will be held in the City of Milton to elect the Mayor and City Council Members for District 1/Post 1, District 2/Post 1, and District 3/Post 1; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the same, that: 1. The Mayor is authorized to enter into a contract with Fulton County to conduct this election, which contract is attached hereto and incorporated herein. 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Page 2 of 2 4. This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 19th day of July 2021. Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Tammy Lowit, City Clerk ______________________________ _______________________________ Peyton Jamison, Mayor Pro Tem Paul Moore, Councilmember (District 1/Post 1) (District 2/Post 2) ______________________________ _______________________________ Carol Cookerly, Councilmember Joseph Longoria, Councilmember (District 1/Post 2) (District 3/Post 1) __________________________ _______________________________ Laura Bentley, Councilmember Rick Mohrig, Councilmember (District 2/Post 1) (District 3/Post 2) INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ELECTION SERVICES BETWEEN FULTON COUNTY, GEORGIA and CITY OF MILTON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT is entered into this ____ day of ______________, 2021, between Fulton County, Georgia (“County”), a political subdivision of the State of Georgia, and the City of Milton, Georgia (“City”), a municipal corporation lying wholly or partially within the County. WHEREAS, the parties to this Agreement are both governmental units; and WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient and cooperative relationship that will promote the interests of the citizens of both jurisdictions; and WHEREAS, the City desires to contract with the County to conduct this election for the citizens of the City pursuant to the applicable laws of the State of Georgia; and WHEREAS, the City and the County are authorized by Art. IX, Sec. III, Par. I of the Constitution of the State of Georgia to contract for any period not exceeding fifty (50) years for the provision of facilities or services which they are authorized by law to provide, including an agreement for the conduct of the City elections; and WHEREAS, O.C.G.A. § 21-2-45(c) authorizes the governing authority of any municipality to contract with the county within which that municipality wholly or partially lies to conduct any or all elections; and WHEREAS, pursuant to O.C.G.A. § 21-2-45(c), a municipality may by ordinance authorize a county to conduct such election(s), and the City has adopted such an ordinance; and WHEREAS, the Fulton County Board of Registration and Elections (“BRE”) has jurisdiction over the conduct of primaries and elections and the registration of electors in the County; and WHEREAS, the BRE, among other things, is responsible for the selection and appointment of the elections Superintendent, who selects, appoints, and trains poll workers for elections; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: Page 2 of 13 ARTICLE 1 CONDUCT OF ELECTIONS 1.1 This Agreement will govern the conduct of any and all elections which the City requests the County to conduct, including any and all runoffs which may be necessary. It is the intent of the parties that City elections be conducted in compliance with all applicable federal, state and local legal requirements. 1.2 For each City election, City, at its sole option, shall submit to County a request in the form attached hereto as Exhibit A. Requests must be made in conformance with O.C.G.A § 21-2- 540, now and as it may be amended hereafter, to the address specified in the Notice Section below. If a timely request is not made, the County shall have no obligation to conduct the City election which was the subject of the request. 1.3 In the event any special City election becomes necessary, the City and the County shall confer and determine a mutually convenient date as allowed by law to conduct any such election. ARTICLE 2 TERM OF AGREEMENT This Agreement shall commence on the date that it is executed by or on behalf of the governing authority of Fulton County, Georgia and will terminate on December 31, 2021, unless otherwise terminated as set forth herein. ARTICLE 3 DUTIES AND RESPONSIBILITIES Pursuant to this Agreement, each party shall provide the following enumerated services for the election to be held November 2, 2021: 3.1 Upon receipt of request to perform a City election, and the agreement to conduct a City election, the County through the Superintendent or their designee(s) shall be responsible for: a) Designating early and advance voting sites and hours; b) Placing the City’s candidate(s) on the electronic and printed ballots for City elections after qualifying; c) Placing the City’s referendum question(s) on the ballot for a City election after timely written notice from the City is received by the County (which such notice shall include all necessary details and information); d) Hiring, training, supervising and paying poll officers and absentee ballot clerks; e) Preparing and submitting to the City Clerk, as required by state law O.C.G.A. § 21-2-224(e), now and as it may be amended hereafter, a list of electors. Page 3 of 13 f) Performing duties of elections Superintendent, and absentee ballot clerk for the November 2, 2021 City General election; g) Performing logic and accuracy testing as required by Sections Subject 183-1-12- .02 and .07 of the Official Compilation of Rules and Regulations of the State of Georgia, now and as itthey may be hereafter amended; h) Providing staff, equipment and supplies for conducting the November 2, 2021 City General election at City polling places on City election days and for conducting recounts as may be required; i) Certifying City election returns as required by state law O.C.G.A. § 21-2-493, now and as it may be amended hereafter, and submitting certified City election returns to the Georgia Secretary of State and City Clerk or as otherwise directed; j) Upon a change in City precincts or voter districts, notifying City residents of any change in voting districts and/or municipal precincts; and 3.2 The City shall be responsible for: a) Recommending early voting sites and hours of operation to the County. b) Adopting Election resolutions pursuant to O.C.G.A. § 21-2-45(c), now and as it may be amended hereafter, and calls for special City elections as required by O.C.G.A. § 21-2-540, now and as it may be amended hereafter; c) Preparing qualifying materials for potential candidates and performing qualifying of candidates, including any write-in candidates, for City elections as required by state law, specifically O.C.G.A. § 21-2-130 et seq., now and as it may be amended hereafter; d) Placing advertisements in the City’s legal organ regarding calls for City elections, as required by state law O.C.G.A. § 21-2-540, now and as it may be amended hereafter; e) Fixing and publishing the qualifying fee as required by state law under O.C.G.A. § 21-2-131, now and as it may be amended hereafter; f) Collecting and retaining the qualifying fee as required by state law O.C.G.A. § 21-2-131, now and as it may be amended hereafter; g) Performing filing officer duties as required by the Georgia Government Transparency and Campaign Finance Commission for any and all state reports filed by the candidates or committees in conjunction with City elections to ensure compliance with Title 21, Chapter 5 of the Official Code of Georgia; Page 4 of 13 h) If the City desires to review and verify the accuracy of the voter list(s) for City residents, it must do so not less than 30 days prior to Election Day; i) Providing the County with an electronic copy of referendums that must be placed on a ballot; j) Reviewing ballot proofs and notifying County of corrections or approval within twenty-four (24) hours of receiving proofs for candidate listings; and k) Otherwise cooperating with the County in the performance of this Agreement and providing the County such documentation and information as it may reasonably request to facilitate the performance of its duties under this Agreement. ARTICLE 4 COMPENSATION AND CONSIDERATION 4.1 For City elections that are to be conducted contemporaneously with a countywide General Election, pursuant to this Agreement and to action of the Board of Commissioners on August 3, 2016, the City will not be charged for the cost of said election. 4.2 That iIn odd-numbered years when the municipalities and school districts hold regularly scheduled and special elections, the municipalities (including the City) and school districts will pay a no refund, flat rate of $2.96 per registered voter for the election. If a run -off is required, the municipalities (including the City) and school districts will pay a no refund, flat rate of $2.46 per registered voter. The payment of these per registered voter amounts is inclusive of the provision of 10 early voting sites. Additional early voting sites could require additional payment. That iIn odd-numbered years, the municipalities, (including the City) and school districts will coordinate with Fulton County in setting the dates of elections so as to mitigate the financial burden being shifted to Fulton County for the conduct of elections. The City will pay the actual cost of such election and run-off election (if applicable) based on the rates stated above and the calculated contribution prepared in accordance with the form attached hereto as Exhibit B. ARTICLE 5 LEGAL RESPONSIBILITIES 5.1 The City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registration and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs, including, but not limited to, court costs and attorney fees for the County Attorney or outside counsel, incurred by the County as a result of any such claim or litigation. The City shall make payment of such reimbursements Page 5 of 13 to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. 5.2 In the event that a City election is contested, the City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any contested City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registrations and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs incurred in responding to the election challenge, including, but not limited to, attorney’s fees for the County Attorney or outside counsel and all expenses associated with the election challenge and any appeals thereafter. The City shall make payment of such reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. If a second election is required, such election will constitute a City Election under this Agreement and shall be conducted in accordance with the terms of this Agreement. 5.3 To the extent allowed by law, the City agrees to defend and hold harmless the County with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney’s fees and legal expenses) to which the County may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the City and/or its employees. 5.4 To the extent allowed by law, the County agrees to defend and hold harmless the City with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney’s fees and legal expenses) to which the City may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the County and/or its employees. 5.5 It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. 5.6 Should it be necessary to comply with legal requirements that any of the County’s personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. ARTICLE 6 EMPLOYMENT STATUS 6.1 All County personnel assigned under this Agreement are and will continue to be employees of the County for all purposes, including, but not limited to: duties and responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training, workers compensation and disciplinary functions. 6.2 All County personnel assigned under this Agreement are and will continue to be part of the Fulton County Department of Registration and Elections and under the supervision of the Superintendent. 6.3 All City personnel assigned under this Agreement are and will continue to be employees of the City. Page 6 of 13 ARTICLE 7 RECORDKEEPING AND REPORTING 7.1 The County Registration and Elections Department is the central repository for all departmental records and makes available public records as defined and required by the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq., O.C.G.A. § 21-2-51 and O.C.G.A. § 21-2-72, now and as they may be amended hereafter. During the term of this Agreement, the County will continue to comply with the applicable provisions of the Georgia Open Records Act and the Georgia Election Code. 7.2 Except as limited by any provision of state or federal law, the City may request, review and access data and County records at a mutually agreed upon time to ensure compliance with this Agreement. ARTICLE 8 E-VERIFY AND TITLE VI Each party agrees that it will comply with all E-Verify and Title VI requirements and execute any documents reasonably required related to such compliance. Further, each party agrees that any contracts let for work completed pursuant to this Agreement shall contain all required E-verify and Title VI requirements under applicable law. ARTICLE 9 AUTHORIZATION Each of the individuals executing this Agreement on behalf of his or her respective party agrees and represents to the other party that he or she is authorized to do so and further agrees and represents that this Agreement has been duly passed upon by the required governmental agency or council in accordance with all applicable laws and spread upon the minutes thereof. The parties hereto agree that this Agreement is an intergovernmental contract and is entered into pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia 1983. Further, the Fulton County Board of Registration and Elections has reviewed and approved this Agreement and has authorized its Chairman and its Chief Administrative Officer to execute any ancillary documents required to complete the November 2021 General Election, including but not limited to the Notice of the Call of the General Election and the Notice of the General Election. ARTICLE 10 TERMINATION AND REMEDIES Either party may unilaterally terminate this Agreement, in whole or in part, for any reason whatsoever or no reason at all, by notice in writing to the other party delivered at least thirty (30) days prior to the effective date of the termination. Page 7 of 13 ARTICLE 11 NOTICES All required notices shall be given by certified first class U.S. Mail, return receipt requested. The parties agree to give each other non binding duplicate facsimile notice. Future changes in address shall be effective upon written notice being given by the City to the County Elections Superintendent or by the County to the Municipal Clerk via certified first class U.S. mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: If to the County: Fulton County Board of Registration and Elections Attn: Director 130 Peachtree St SW, Suite 2186 Atlanta, Georgia 30303 Facsimile: 404.730.7024 With a copy to: Fulton County Office of the County Attorney Attn: County Attorney 141 Pryor Street SW, Suite 4038 Atlanta, Georgia 30303 Facsimile: 404.730.6540 If to the City: City Clerk City of Milton 2006 Heritage Walk Milton, GA 30004_______________________________________ _______________________________________ With a copy to: City Attorney Jarrard & Davis, LLP 222 Webb Street Cumming, GA 30040_________________________________________ Attn: Ken Jarrard _________________________________________ ARTICLE 12 NON-ASSIGNABILITY Page 8 of 13 Neither party shall assign any of the obligations or benefits of this Agreement. ARTICLE 13 ENTIRE AGREEMENT The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. No representation oral or written not incorporated in this Agreement shall be binding upon the City or the County. All parties must sign any subsequent changes in the Agreement. ARTICLE 14 SEVERABILITY, VENUE AND ENFORCEABILITY If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement is governed by the laws of the state of Georgia without regard to conflicts of law principles thereof. Should any party institute suit concerning this Agreement, venue shall be in the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. ARTICLE 15 EBINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the respective parties’ successors. Page 9 of 13 ARTICLE 16 COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. FULTON COUNTY, GEORGIA APPROVED AS TO SUBSTANCE: (Seal) ____________________________________ Chair, Board of Commissioners Attest: ______________________________ Clerk to Commission Date: ___________________ ATTEST: ___________________________________ APPROVED AS TO FORM: ___________________________________ Fulton County Attorney’s Office APPROVED AS TO SUBSTANCE: Page 10 of 13 ___________________________________ Richard Barron Director, Fulton County Department of Registration and Elections SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 11 of 13 CITY OF MILTON, GEORGIA ____________________________ (SEAL) ________________________________ Mayor City Clerk (SEAL) Date: _______________________ APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: _____________________________ ________________________________ City Attorney City Clerk Page 12 of 13 EXHIBIT A As per the Agreement executed on ___________________, the City of Milton, hereby requests that Fulton County conduct its General Election on November 2, 2021 within the boundary of Fulton County. The last day to register to vote in this election is October 4, 2021. The list of early voting locations will be forthcoming. . This ____________ day of ___________, 2021. __________________________________ (SEAL) City Clerk The Fulton County Board of Registrations and Elections agrees to conduct the City of Milton General Election on November 2, 2021, within the boundary of Fulton County. This ____________ day of ___________, 2021. __________________________________ (SEAL) Elections Superintendent Fulton County Board of Registration and Elections Page 13 of 13 EXHIBIT B CITY OF MILTON FLAT RATE CONTRIBUTION Election November 2, 2021 General November 30, 2021 Runoff Citywide Number of Active Registered Voters (as of 3.23.2021) 28,605 28,605 Cost Per Voter $2.96 $2.46 Total Cost $84,671 $70,368 Grand Total $155,039.00 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 29, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton for a New ARPA Account with Georgia Fund 1 State Investment Pool Account. MEETING DATE: Wednesday, July 7, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ July 7, 2021 X X X X To: Honorable Mayor and City Council Members From: Stacey Inglis, Deputy City Manager Date: Submitted June 24, 2021 for the July 7, 2021 Regular City Council Meetings Agenda Item: Consideration of a Resolution of the City of Milton for a New ARPA Account with Georgia Fund 1 State Investment Pool Account. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Georgia Fund 1 (GF1) is a public sector mutual fund for Georgia cities, counties, and school districts and was created to allow local governments to consolidate and invest idle funds. The Fund’s allowable investments mirror those that can be utilized directly by local governments. Those investments include obligations issued, insured, or guaranteed by the federal government. The funds are not locked into longer maturities, so liquidity is flexible. While we currently have two existing accounts with GF1 (a general account and one for TSPLOST funds), we would like to create a new account for the American Rescue Plan Act (ARPA) funds. These funds should be segregated from other idle funds because the interest earned should be used for ARPA projects. Funding and Fiscal Impact: Interest earnings will positively impact revenues. Alternatives: None identified. Legal Review: Ken Jarrard, Jarrard & Davis (6/23/21) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution For Customer Use: I have an existing Acct. # This resolution is for: New Account Change to Existing Acct. # For OTFS Use Only: Acct Approved Auth Entered. Audit Wire Instructions Addr Entered Wire Templates Approval: AD1 AD2 Res. form 2000A GEORGIA FUND 1 (local government investment pool) RESOLUTION TO AUTHORIZE INVESTMENT WHEREAS, Ga. Code Ann. §§36-83-1 to 36-83-8 authorizes Georgia local governments and other authorized entities to invest funds through the local government investment pool, and WHEREAS, from time to time it may be advantageous to the to deposit funds available for (Name of Local Government, Political Subdivision or State Agency) investment in Georgia Fund 1 (hereinafter referred to as the local government investment pool) as it may deem appropriate; and WHEREAS, to provide for the safety of such funds deposited in the local government investment pool, investments are restricted to those enumerated by Ga. Code Ann. §36-83-8 under the direction of the State Depository Board, considering first the probable safety of capital and then the probable income to be derived; and WHEREAS, such deposits must first be duly authorized by the governing body of the local government or authorized entity and a certified copy of the resolution authorizing such investment filed with the Treasurer of the Office of the State Treasurer; and WHEREAS, such resolution must name the official(s) authorized to make deposits or withdrawals of funds in the local government investment pool; and WHEREAS, Ga. Code Ann. §36-83-8 requires a statement of the approximate cash flow requirements of the participating government pertaining to the funds to accompany the authorization to invest such funds at the time such deposits are duly authorized; NOW, THEREFORE BE IT RESOLVED by the (Board, Council or other Governing Body) that funds of the may be deposited from time to (Local Government, Political Subdivision, or State Agency) time in the manner prescribed by law and the applicable policies and procedures for the local government investment pool. BE IT FURTHER RESOLVED THAT: 1.Any one of the following individuals shall be authorized to deposit and/or withdraw funds from the local government investment pool on behalf of such government or other authorized entity (if a listed individual is employed by an entity other than the depositor, indicate employer): Name, Title, (Employer, if applicable) (Area Code) Phone Number Email: ______________________________________________ Email: ______________________________________________ Email: _______________________________________________ Email: _______________________________________________ Email: _______________________________________________ 2. All withdrawals from the local government investment pool shall be wired to the following participant’s demand deposit account: (Many banks have separate instructions for wires and ACH deposits. Please verify both sets of instructions with your bank and provide them below. This will ensure accurate delivery of your funds to the designated bank account). (For ACH) ________________________________________ _____________________________________________ (Local Bank Name) (Account Title) _________________________________ _______________________ (ABA Number) (Account Number) (City, State) (For WIRE) _________________________________ ____________________________________________________ (Local Bank Name)(Account Title) _________________________________ ___________________________ _______________________ (ABA Number) (Account Number) (City, State) (If applicable) Our local bank prefers to receive credit for wire transfers at the following Correspondent Bank: (Bank Name) (City) (ABA Number) (Account Number) Additional Bank Account (if applicable): (For ACH) ________________________________________ _____________________________________________ (Local Bank Name) (Account Title) _________________________________ _______________________ (ABA Number) (Account Number) (City, State) (For WIRE) _________________________________ ____________________________________________________ (Local Bank Name)(Account Title) ________________________________________ ______________________________ ________________________ (ABA Number) (Account Number) (City, State) Correspondent Bank (if applicable): (Bank Name) (City) (ABA Number) (Account Number) 3.The local government investment pool monthly statements of account to: ____________________________________________________________________________________ (Attention) ____________________________________________________________________________________ (Address) ____________________________________________________________________________________ (City, State & Zip Code) 4. Changes in the above authorization shall be made by cancellation or replacement resolution delivered to the Office of the State Treasurer. Until such a replacement resolution is received by the Office of the State Treasurer, the above authorized individuals, local government demand account instructions and statement mailing address(es) shall remain in full force and effect. 5. The following schedule represents the period in which existing balances are currently expected to remain invested in the local government investment pool: % 30 days or less; % more than 30 days but less than 90 days; % 90 days or longer. 100 % Entered at , Georgia this day of 20 . (Signature of Head of Governing Authority) (Please Print or Type - Head of Governing Authority) (Title) Sworn to and subscribed before me this day of 20 . (Notary Public) Please complete and return an original copy to: Georgia Fund 1 Office of the State Treasurer 200 Piedmont Avenue Suite 1204, West Tower Atlanta, GA 30334-5527 Telephone: (404) 656-2993 Toll Free: (800) 222-6748 Fax: (404) 656-9048 Georgia Fund 1 (local government investment pool) deposits are not guaranteed or insured by any bank, the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Board, the State of Georgia or any other agency. NOTARY SEAL CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 29, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Prosperity Tree LLC d/b/a Rice and Spice, 12990 Highway 9, Suite 102, Milton GA 30004. MEETING DATE: Wednesday, July 7, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X July 7, 2021 X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on June 29, 2021 for the July 7th, 2021 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Prosperity Tree LLC d/b/a Rice and Spice, 12990 Highway 9, Suite 102, Milton GA 30004 ____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Prosperity Tree LLC d/b/a Rice and Spice, for consumption on premises of Wine, Malt Beverages and Distilled Spirits with Sunday Sales. Executive Summary: City of Milton Code of Ordinances 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 is submitted due to the opening of a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Prosperity Tree LLC d/b/a Rice and Spice Contact Name: Raden Pakaporn Business Address: 12990 Highway 9, Suite 102, Milton, GA 30004 Type of License: Consumption on Premises – Wine and Malt Beverages and Distilled Spirits with Sunday Sales. Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 29, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to HE RU LLC d/b/a Flippin Pizza, 5230 Windward Pkwy, Suite 105, Milton GA 30004. MEETING DATE: Wednesday, July 7, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ July 7, 2021 X X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on June 30, 2021 for the July 7th, 2021 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to HE RU LLC d/b/a Flippin Pizza, 5230 Windward Pkwy, Suite 105, Milton GA 30004 ____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for to HE RU LLC d/b/a Flippin Pizza, for consumption on premises of Malt Beverages. Executive Summary: City of Milton Code of Ordinances 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 is submitted due to the opening of a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: HE RU LLC d/b/a Flippin Pizza Contact Name: Suneeta Singh Business Address: 5230 Windward Pkwy, Suite 105, Milton, GA 30004 Type of License: Consumption on Premises – Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 30, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Memorandum of Understanding Between The City of Milton and The City of Alpharetta to Waive Non- Resident Fees Associated with Therapeutic Summer Camps. . MEETING DATE: Wednesday, July 7, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X July 7, 2021 X X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on June 30, 2021 for the July 7, 2021 Regular Council Meeting Agenda Item: Consideration of a Memorandum of Understanding Between The City of Milton and The City of Alpharetta to Waive Non-Resident Fees Associated with Therapeutic Summer Camps. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of the Memorandum of Understanding Between The City of Milton and The City of Alpharetta. Executive Summary: The proposed Memorandum of Understanding (MOU) between the City of Milton and the City of Alpharetta would waive the associated non-resident fees in Camp Joyful Soles and Camp Happy Hearts. Camp Happy Hearts, Alpharetta’s summer camp serving individuals with special needs serves the ages of 6-12, while Milton’s Camp Joyful Soles serves the same population aged 13-22. Residents of both cities would benefit from the addition of these two camps in an MOU. If approved, the MOU will go into effect immediately for summer 2021. Both parties shall have the ability to terminate the MOU without cause with six months prior written notice to the other party. Funding and Fiscal Impact: Under this new MOU, no fees or commissions would be paid to the City of Alpharetta. However, there is minimal fiscal impact stemming from non-resident fees. In 2019, the last summer we fully offered Camp Joyful Soles, we had 45 total registrations from Alpharetta residents. The original MOU was still in place at the time, but it would have calculated to $3,937.50 in non-resident fees if there was no MOU. Thus far, this summer, we have had 37 total registrations from Alpharetta residents, totaling $3,237.50 in non-resident fees. If approved, staff will retroactively refund the Alpharetta residents the non-resident fees that have been paid for 2021 camp registration. Staff has confirmed that the City of Alpharetta will refund the City of Milton residents their non-resident fees for Camp Happy Hearts as well. Staff believes that the benefits of this proposed MOU outweigh the financial impact. Alternatives: If this MOU is not approved, staff’s ongoing search for quality programming for our Milton residents will continue. Legal Review: Ken Jarrard – Jarrard & Davis, June 30, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Memorandum of Understanding Between the City of Milton and the City of Alpharetta MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ALPHARETTA, GEORGIA AND THE CITY OF MILTON, GEORGIA FOR SUMMER CAMP COOPERATION THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between the City of Alpharetta (" Alpharetta"), a municipal corporation of the State of Georgia, and the City of Milton ("Milton") a municipal corporation of the State of Georgia (Alpharetta and Milton each a "City"). WHEREAS, the Cities of Alpharetta and Milton are adjoining communities in North Fulton County; and WHEREAS, as authorized by Article IX, Section II, Paragraph Ill of the Georgia Constitution, each City maintains and provides staff for its respective recreation department for the purpose of providing recreation and parks services; and WHEREAS, the Cities have determined that it is to their best Interest and mutual advantage to share certain programs and facilities; and WHEREAS, Article IX, Section Ill, Paragraph I of the Georgia Constitution provides that cities may contract with each other for the joint use of facilities and the provision of services that they are otherwise legally authorized to provide; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties agree as follows: 1. GENERAL PURPOSE OF MOU. The purpose of this MOU is to take another step to continue to foster a long-term mutually beneficial relationship between Alpharetta and Milton as it relates to parks and recreation programs and services as a way to better serve the Cities' respective citizens, offer a wider variety of recreational services, and grow the relationship between the Cities such that similar opportunities can be developed over time. 2. GENERAL RESPONSIBILITIES OF PARTIES. a) Beginning 2021 and until further notice AIpharetta shall waive non-resident fees for Milton participants in Camp Happy Hearts and Milton shall waive non-resident fees for Alpharetta participants In Camp Joyful Soles. b) Termination. Both parties shall have the ability to terminate the MOU without cause with six (6) months prior written notice to the other party. The termination shall be effective at the end of the six (6) month period. 3. ADMINISTRATION. a) The parties place high value on regular, timely and full communications between themselves, and commit themselves to ensuring strong communication links through their actions. b) Each party will designate a single point of contact to coordinate all activities, related to this MOU, between the parties involved. c) Communication between the two parties at the highest level (Mayors, City Administrator/City Manager) will take place if judged necessary by the respective Recreation & Parks Director or Recreation Manager of each City. d) More specific delineations of roles, responsibilities, resources, and commitments concerning particular matters may be addressed in written guidelines approved by the Alpharetta Recreation & Parks Director or designee, and the Milton Recreation Manager, if such guidelines are consistent with the general purposes of this MOU. Such guidelines shall be for administrative convenience and shall not be legally binding on either City until approved by the City's respective governing authority. e) Unless otherwise provided for herein, this MOU does not impose specific program, resources, or budgetary obligations on either party. 4. OTHER PROVISIONS. a) Insurance. Each City shall be responsible for obtaining and maintaining its own liability and property insurance against losses or liability related to this MOU. b) No Third Party Beneficiaries. There are no third party beneficiaries to this MOU. No person or entity other than a party to this MOU shall have any rights hereunder or any authority to enforce its provisions. Nothing in this MOU shall be deemed to waive either party's sovereign or other immunity. c) Relationship Between the Parties. In consideration of the mutual services provided herein, both parties agree that nothing contained herein is intended to be or should be construed in any manner as creating or establishing the relationship of partners or join ventures between the parties hereto or as constituting an agency relationship in any manner whatsoever. The individual parties are and shall remain independent entities with respect to all services performed under this MOU. Each party represents that it has, or will secure all its expense, all personnel required in performing its service obligations under this MOU and that the acts of its employees performing the services under this MOU shall be the acts of employees of that entity alone. Each entity agrees that in the performance of this mutual service, its employees shall not require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the other party to this MOU, including, but not limited to, medical and hospital care, sick and vacation leave, disability, Worker's Compensation or Unemployment Compensation. d) Severability. In the event any part or provision of this MOU is held to be invalid, the remainder of this MOU shall not be affected thereby and shall continue in full force and effect. e) Applicable Law. This MOU shall be governed in all respects as to the validity, construction, capacity, performance, or otherwise by the laws of the State of Georgia. f) Counterpart s. This MOU may be executed in multiple counterparts each of which is deemed an original of equal dignity with the others and which is deemed one and the same instrument as the others. g) Force Majeure. The requirements of this MOU shall be suspended for reasons outside a party's reasonable control, provided that the impacted party shall promptly notify the other party upon the beginning and conclusion of such force majeure event or situation. h) Notice. Formal notice under this MOU shall be sent via certified mail or overnight carrier to the City Manager/City Administrator of the applicable party at its then -current address. i) E -verify and Title VI. Each party agrees that it will comply with all E -verify and Title VI requirements and execute any documents reasonably required related to such compliance, in connection with this MOU. [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] 3 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year written below. C. Sam Thomas, P.C. City Attorney for the City of Alpharetta, Georgia CITY OF MILTON, GEORGIA Date - Joe Lockwood, Mayor APPROVED AS TO FORM: Ken Jarrard, City Attorney for the City of Milton, Georgia 0