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HomeMy WebLinkAbout01-05-09 PacketPage 1 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Monday, January 5, 2009 Regular Council Meeting Agenda 6:00 PM INVOCATION 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 09-759) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) 5) PUBLIC COMMENT 6) CONSENT AGENDA (Agenda Item No. 09-760) 1. Approval of the December 8, 2008 Work Session Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 09-761) 2. Approval of the December 15, 2008 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 09-762) 3. Approval of the Financial Statements for the period ending November 2008. (Stacey Inglis, Finance Manager) 7) REPORTS AND PRESENTATIONS 8) FIRST PRESENTATION MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 5, 2009 – 6:00 PM Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. (Agenda Item No. 09-763) 1. ZM08-09 – 13941, 13943, 13945 Highway 9, North - To modify Condition 2.a. of RZ07-010, to redesign site plan to eliminate septic and connect to sanitary sewer, by Milton Organizers, LLC. (Presented by Alice Wakefield, Community Development Director) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (Agenda Item No. 08-764) 1. Approval of a Resolution Amending Resolution No. 08-12-59, A Resolution to Create the Milton Parks and Recreation Advisory Board and to develop the Milton Parks and Recreation Ordinance by appointing members for Districts 2 and 4. (Presented by Brad Chambers, Parks and Recreation Representative) (Agenda Item No. 08-750) 2. Approval of a Resolution Amending Resolution No. 08-12-55, A Resolution to Create a Committee to Serve as the Highway 9 Design Guideline Committee for Potential Revision to the Highway 9 Overlay District of the City of Milton Zoning Ordinance. (This item was deferred on December 15, 2008.) (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-765) 3. Approval of a Resolution Amending Resolution No. 08-12-60, A Resolution to Create a Committee to Serve as the Historic Preservation Committee for Development of a Historic Preservation Ordinance for the City of Milton by appointing members for the Mayor, and Districts 1, 2, 3, 4, and 6. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08- 753) 4. Approval of a Resolution Amending Resolution No. 08-12-62, A Resolution to Create a Stakeholder Advisory Committee for City of Milton Transportation Plan by appointing members for District 1, 2, and 3. (Presented by Dan Drake, Public Works Director) (Agenda Item No. 08- 754) 5. Approval of a Resolution Amending Resolution No. 08-12-63, A Resolution to Create a Citizen Advisory Committee for City of Milton Concept Plans for the Intersections of Birmingham at Providence and Arnold Mill at New Providence by appointing members for Districts 1, 2, 3, and 4. (Presented by Dan Drake, Public Works Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 5, 2009 – 6:00 PM Page 3 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 12) NEW BUSINESS (Agenda Item No. 08-721) 1. Approval of Resolution Amending Resolution No. 08-10-46, A Resolution to Create the Milton Grows Green Committee and its Governing Board and for other Designated Purposes by Adding an MGG Committee Governing Board Member. (This item was deferred on December 1, 2008.) (Presented by Councilmember Alan Tart and Councilmember Burt Hewitt) (Agenda Item No. 09-766) 2. Approval of an Amendment to the Medical Director Services Agreement. (Presented by Chris Lagerbloom, Public Safety Director) (Agenda Item No. 09-767) 3. Approval of a Field Trial Agreement between the City of Milton and TeraHop Networks, Inc. (Presented by Chris Lagerbloom, Public Safety Director) (Agenda Item No. 09-768) 4. Approval of a Resolution of the City of Milton, Georgia to Set Qualifying Fees for the Municipal Election. (Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 09-769) 5. Approval of a Resolution Continuing a Wired and Wireless Enhanced 911 Charge on Wired and Wireless Communications within the City of Milton. (Presented by Chris Lagerbloom, Public Safety Director) 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS 15) EXECUTIVE SESSION (if needed) (Agenda Item No. 09-770) 16) ADJOURNMENT The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on December 19 for January 5, 2009 City Council Meeting Agenda Item: Financial Status Report for Period 2 - November 2008 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are approximately 4% higher than anticipated for the second period of the fiscal year. Please remember that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. As an example, local option sales taxes that were submitted to us in November were actually for the month of September and should be posted accordingly. Total expenditures to -date are $2.943.544 and are 4.4% less than expected for this period of the fiscal year. Capital Project Fuad Expenditures within this fund continue to occur on a project -by -project basis. With a total project expenditure budget of $6,135,740, capital expenditures -to -date total $207,056. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $0 Sidewalk Replacement_ Fund: Balance: $0 N W 7 H O 2 Ll! 04 0- X 4 W N 06 m In W E =) 7 LU LU z W I = 0 w ❑ wLL0 ❑ NA R aD ii N C7 LL of m o�o0mo0C> 0cmngryPuOa r.0 N N m� N N o N rl ] ❑] `-' O rS] N (G O '-' N V n C h p1 n a 61 (n eW [A lc U 0 r Oc N � r(; r :r ri a LO N ri NN k606 06 COti w to v m m E � m o m co m O P r- P O O 4 o CO m r 4 C) 0 0 N o 1- ro n r- [D C7 O Cl) co O I- 0 o M CO N O LO I~ R O rmmi v M m r 4 r N N P m r m r�i CN o 't n LO co of m {wig (M❑ (m7 LO co c❑ Qm7 LO N a to �t N r- N c N 6,: c0 Ll] 6 06 M O rl7 r- n O O rn m O O O LO co O Q N P 1- 67 [p o N co M cG f0 W W Cl)r-r NCQ Ca rTNC Lr7 M 61 "T a❑'+ eip "' NPr m N ( 1 3 U u7r� Nr W cin M a } O o 0 0 0 0 P 0 0O _� to cn coo rm- M m m0 O ti N mmr mr 4(DIli N(D Cam N 0) 0- -- I- d h rl] v T Wf v u L6 M +n Y7 La O co NrD mN LC7 u7 m0 N(o co L � c4 t~ U o r Cl) cO co co N (D rn (c 0 N N 0 m (D M o o 1- 0 0 a o 0 v r- m N (p o a m o ((16�ti7�N��f-PMO r- O�C7O C o r- 1~ cn P n (n m C3 M o w 0 p N N tCe) m r Po(❑M cDrL M c Cv co f, vco �.D.7 ❑0 .-. m r m O r to co CV M C m N r LM❑ N (4 ❑ w 3 7 m U w 0 LO LO Lr) PP C)ko �(ClO co oN OM C minPmcaco o M M P- N� al m M 0 't Ili 'tNNN cl � oz� Nt r• m 41 7 rC7 .•- N r cc r M U7 V N Ll'1 r CA M coN r� M N N Q I`CD O0o00000 C7 P P r" (D OO N(0 co 5r m(n tiOMa0000Qr-P0 U)mo o67M moo rn rn0 N OONOOOoO P U) (o o MCK] '11 T a M W W n 0 r- V Ca m 0 N C7 ch O C7 r- �t M r ('7 PvP TraPn Lo r -m cl cV rm OE` LO LO Mm PL :rN 0N co r, I- M U Bl •- � R N � N 7 Mrr-rnrvmoc❑vot-rroo0 C _ C n o ao Q (C C4 C](o r N'tDo NO rM � T N 3 U C cm N ,w � E Q x � d m r � N - 07 w U m (p c F Fo x N c ox cx G DS W S2 d m co tir't � Ln m In m O m� � d NM I- co co M to (D r- M [fl 00 cr O_ W r_ 7 ❑ cp U❑ F pptt N r- x -- H N [I] N 0 O d _ Ca V Cp r- CO N m [n dS M M M y = D 'o N Q E 2 N y ❑ 3 m0 Cx0 C N N Q g N U1 = Il y❑ N= }-- @ m m u E E 7 m y C rs pjj Ncm m E m,UF '.L o' ' (J° � y Q 67 uJ m (0 00 O e6 a L [p j N 1,1:1 yR, C o N c'U 2 o Z �LLF LU o0 m=Ua `o c m t a3 c a v a CL =- p pcp D O N V V j N G V y p� L j Q7 0 L L C 0- CxLLJQ07 911QQSNmO22 sC-i❑o a0 p] N 67 u7 C7 L 4f m N N m� N N o N rl ] ❑] `-' O rS] N (G O '-' N V n C h U "a NN k606 06 COti w to v m E � m 7 D m M N Ln M co r� (n O C� f7 Cl N 0 O LO IT Cl) 0 Go n co � LO {wig (M❑ (m7 LO co c❑ Qm7 LO N a to �t N r- N c N 6,: c0 Ll] 6 06 M M rn O M [O [O CO m m M m In ct n O a❑'+ eip M r (p ( 1 m } N M N N V, ODm m O C7 N O o 0 0 e h (a 47 N O co N O r O LO CAo0 m P (❑ CC7 m r- M r() CO W r M m m +n Y7 La O co NrD mN LC7 u7 m0 N(o co m t~ U o r Cl) cO co co N (D rn (c Q N N ((16�ti7�N��f-PMO r- O�C7O W Q W dM LD MT Mrr M to nN <7> K7 � Ce - mQO N M r N N c Cv co f, vco �.D.7 ❑0 .-. 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REVENUES Contributions & Donations S $ Interest Revenues Holiday Card Sales _ Total revenues $ $ EXPENDITURES Current Special Events $ 40,000 $ Total Expenditures $ 40,000 $ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 5 40,000 $ Total other financing sources and uses S 40,000 $ Net change in fund balances $ $ Fund balances - beginning Fund balances - ending $ s Actuals Positive (Negative) $ S 95 95 95 1,184 $ 4,279 $ 35,721 1,184 $ 4,279 $ 35,721 4,959 $ 4,959 $ (35,041) 4,959 $ 4,959 $ (35,941) 3,775 $ 680 $ 680 City of Milton Confiscated Assets Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2008 Variance with Original Budget Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) REVENUES $ - $ 5 - $ Total revenues $ - $ $ 5 EXPENDITURES Current: Public Safety $ 73,845 $ - $ $ 73,845 Total Expenditures $ 73,845 $ - $ $ 73,845 OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ 73,845 $ - $ $ (73,845) Total other financing sources and uses $ 73,845 $ - $ $ (73,845) Net change in fund balances $ - $ - $ Fund balances - beginning - - Fund balances - ending $ - S - City of Milton E-911 Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2068 Fund balances - beginning Fund balances -ending $ - $ (139,548) Variance with Original Budget Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) REVENUES Wireless 911 Fees $ 570,000 $ 19,469 $ 19,469 $ (550,531) Total revenues $ 570,000 $ 19,469 $ 19,469 $ (550,531) EXPENDITURES Current- urrentPublic PublicSafety $ 530,000 $ 159,017 $ 159,017 5 370,983 Total Expenditures $ 530.000 $ 159,017 $ 159,017 $ 370,983 OTHER FINANCING SOURCES (USES) Unallocated $ (40,000) $ - $ - $ 40,000 Total other financing sources and uses $ (40,000) $ - $ $ 40,000 Net change in fund balances $ - $ (139,548) $ {139,548] Fund balances - beginning Fund balances -ending $ - $ (139,548) City of Milton Operating Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2608 REVENUES Intergovernmental Revenues State Grant -Operating Cat -Indirect Total revenues EXPENDITURES Current- Public urrentPublic Safety Total Expenditures Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Total other financing sources and uses Net change in fund balances Fund balances - beginning Original Variance with Budget Current Period Project -to -Date FinalBudget- Amounts Actuals Actuals Positive (Negative) $ 147,047 $ 5 $ (147,047) 147,047 $ $ - $ (147,047) $ 168,057 $ $ $ 168,057 5 168.057 $ $ $ 168,057 [21,010] - 21,010 $ 21,010 $ - $ $ (21,010) $ 21,010 $ - $ $ (21,010) Fund balances - ending $ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2008 Original Variance with Budget Current Period Year -to -Date FinalBudget- Amounts Actuals Actuals Positive (Negative) REVENUES Taxes Hotel/Motel Taxes Total revenues OTHER FINANCING SOURCES (USES) Transfers out to General Fund Transfers out to Special Events Fund Total other financing sources and uses Net change in fund balances Fund balances - beginning Fund balances - ending $ 55,000 $ 4,959 $ 4,959 $ (50,041) $ 55,000 S 4,959 $ 4,959 $ (50,041) (15,000) $ - $ - $ 15,000 (40,000) 4,959 4,959 44,959 $ (55,000) $ 4,959 S 4,959 $ 59,959 9,919 9,919 $ 9,919 City of Milton Capital Project Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 34, 2408 REVENUES Charges for Service Infrastructure Maintenance Fee Landfill Host Fees Interest Revenue Sidewalk Replacement Account Total revenues EXPENDITURES Capital Outlay Unallocated: City Council Public Safety Public Works Parks & Recreation Community Development Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Budgeted Fund Balance Total other financing sources and uses Net change in fund balances Fund balances - beginning Original Variance with Budgeted Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) 5 60,000 5 - $ 3,948 $ (56,052) 190,000 (190,000) 5,000 (5,000) 70.558 (70,558) 325,558 $ - $ 3,948 $ (321,610) 180,000 5 - $ - 180,000 502,957 18,306 192,729 310,228 3,419,953 14,326 14,326 3,405,627 1,721,933 - - 1,721,933 310.897 - - 310,897 $ 6,135,740 $ 32,632 $ 207.056 $ 5,928,684 (5,810,182) (32,632) (201107) (6,250,294) $ 4,001,896 $ 333,491 $ 666,982 $ (3,334,914) 1,808,286 - - (1,808,286) 5,810,182 333,491 666,982 (5,143,200) - 300,859 463,875 Fund balances - ending $ $ 463,875 City of Milton Capital Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2008 Original Variance with Rnrinef—I f'i i r r of Dorinrl Orniarf_fn_r]afa Final Riidfial - REVENUES Intergovernmental Revenues State -Capital -direct Grant $ 960,000 $ $ $ (960,000) Total revenues 960,000 $ $ $ (960,000) EXPENDITURES Capital Outlay Public Works 1,903,240 - - 1,903,240 Total Capital Outlay $ 1,903,240 S $ $ 1,903,240 Excess of revenues over expenditures (943,240) 943,240 OTHER FINANCING SOURCES (USES) Transfers in from General Fund S 293,940 $ $ 5 (293,940) Budgeted Fund Balance 649,300 $ (649,300) Total other financing sources and uses $ 943,240 $ $ $ (943,240) Net change in fund balances - - Fund balances - beginning Fund balances - ending $ - $ Prepared by the Community Development Department for the Mayor and City Council Meeting on January 5, 2009 12/19/2008 Page 1 of 8 ZM08-09 PETITION NUMBER(S): ZM08-09 PROPERTY INFORMATION ADDRESS 13941 13943, 13945 Highway 9 North DISTRICT, LAND LOT 2/2, 831 OVERLAY DISTRICT State Route 9 EXISTING ZONING O-I (Office-Institutional) RZ07-010 EXISTING USE Undeveloped and single family residence PROPOSED USE Bank and 2 office buildings for a total of 28,000 square feet or 5,332 square feet per acre. PETITIONER Milton Organizers, LLC. ADDRESS 13920 N. Highway 9, Suite 140 PHONE 678-672-3204 APPLICANT’S REQUEST: 1) To modify Condition 2.a. of RZ07-010, to redesign site plan to eliminate septic and connect to sanitary sewer. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM08-09 - APPROVAL CONDITIONAL Prepared by the Community Development Department for the Mayor and City Council Meeting on January 5, 2009 12/19/2008 Page 2 of 8 ZM08-09 ZM08-09 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 5, 2009 12/19/2008 Page 3 of 8 ZM08-09 SITE PLAN SUBMITTED DECEMBER 2, 2008 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 5, 2009 12/19/2008 Page 4 of 8 ZM08-09 Site Plan Submitted July 3, 2007 RZ07-010 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 5, 2009 12/19/2008 Page 5 of 8 ZM08-09 TREE LOCATION MAP CONDITION 3.c. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 5, 2009 12/19/2008 Page 6 of 8 ZM08-09 Conditions to be Modified: (RZ07-010) 2. To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on July 3, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Analysis and Recommendation: The site plan received by the Community Development Department on July 3, 2007 and approved by the Mayor and City Council on September 20, 2007 showed a septic field area. After further research, the applicant has reconfigured the site to eliminate the septic area and proposes to connect to sewer. The proposed connection is with the existing CVS Drugstore. Both of these options to connect are within the Big Creek Sewer Basin. The proposed plan is in compliance with the conditions approved pursuant to RZ07-010 and the City of Milton Zoning Ordinance. Staff is including a condition to provide 6-foot wide concrete sidewalk along the entire frontage of the property with a minimum 4.5 foot grass strip between the sidewalk and the back of curb, and shall have a transverse double row of faux concrete brick pavers every 50 feet as approved by the Public Works Director for Milton. In addition, a black 4 board equestrian style fence adjacent to the sidewalk. These conditions have been included in recent rezoning petitions along State Route 9 to provide a unifying aesthetic to the area. One of the approved conditions approved by the Mayor and City Council was to save trees numbered 1, 5, and 6. The revised site plan shows compliance with this requirement. The site plan indicates a total of 3 buildings with one building being two stories in height which is consistent with the approved rezoning pursuant to RZ07-010. In Staff’s opinion, the proposed modification of site plan is consistent with the approved zoning and indicates compliance with preserving the trees as Prepared by the Community Development Department for the Mayor and City Council Meeting on January 5, 2009 12/19/2008 Page 7 of 8 ZM08-09 required pursuant to RZ07-010. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM08-09 to modify condition 2.a. to modify the site plan of petition RZ07-010. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 5, 2009 12/19/2008 Page 8 of 8 ZM08-09 CONCLUSION: Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ07-010) should be revised to read as follows: 2. To the owners agreement to abide by the following: a. To the revised site plan received by the Community Development Department on December 2, 2008. (RZ07-010). This site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to the application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (ZM08-09) 3. d. Provide 6-foot wide concrete sidewalk along the entire frontage of the property with a minimum 4.5 foot grass strip between the sidewalk and the back of curb, and shall have a transverse double row of faux concrete brick pavers every 50 feet as approved by the Public Works Director for Milton. e. To provide a black four-board-equestrian-styled fence adjacent to the sidewalk between the sidewalk and the development or as approved by the Director of Public Works. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 09-01-____ A RESOLUTION AMENDING RESOLUTION NO. 08-12-59, A RESOLUTION TO CREATE THE MILTON PARKS AND RECREATION ADVISORY BOARD AND TO ADOPT THE MILTON PARKS AND RECREATION ORDINANCE BY ADDING BOARD MEMBERS BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on January ____, 2009 at 6:00 p.m. as follows: SECTION 1. That (To Be Determined) (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 2. That (To Be Determined) (District 4) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this _____ day of January 2009. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk STATE OF GEORGIA RESOLUTION NO. _________ COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 08-12-55, A RESOLUTION TO CREATE A COMMITTEE TO SERVE AS THE HIGHWAY 9 DESIGN GUIDELINE COMMITTEE FOR POTENTIAL REVISION TO THE HIGHWAY 9 OVERLAY DISTRICT OF THE CITY OF MILTON ZONING ORDINANCE BY ADDING COMMITTEE MEMBERS BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the _____ day of January 2009 at 6:00 pm. as follows: SECTION 1. That Dennis Potts (Mayor’s Appointment) is hereby appointed for a term commending December 1, 2008 and ending December 31, 2009; That (To Be Determined) (Mayor’s Appointment) is hereby appointed for a term commencing _________________ and ending December 31, 2009; and SECTION 2. That Rick Mohrig (District 1) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; That (To Be Determined) (District 1) is hereby appointed for a term commencing _____________and ending on December 31, 2009; and SECTION 3. That (To Be Determined) (To Be Determined) (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 4. That Rodney H. Reese (District 3) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; That (To Be Determined) (District 3) is hereby appointed for a term commencing _____________and ending on December 31, 2009; and SECTION 5. That (To Be Determined) (To Be Determined) (District 4) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 6. That Adam Orkin (District 5) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; That (To Be Determined) (District 5) is hereby appointed for a term commencing _____________and ending on December 31, 2009; and SECTION 7. That Brenda Hemphill (District 6) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2011; That (To Be Determined)(District 6) is hereby appointed for a term commencing __________________ and ending on December 31, 2011; and SECTION 8. That this Resolution shall become effective upon its adoption. RESOLVED this ___ day of January 2009. Approved: __________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. 09-01-____ COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 08-12-60, A RESOLUTION TO CREATE A COMMITTEE TO SERVE AS THE HISTORIC PRESERVATION COMMITTEE FOR DEVELOPMENT OF A HISTORIC PRESERVATION ORDINANCE FOR THE CITY OF MILTON BY ADDING COMMITTEE MEMBERS BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the _____ day of January 2009 at 6:00 pm. as follows: SECTION 1. That (To Be Determined) (To Be Determined) (Mayor’s Appointments) is hereby appointed for a term commencing December _____, 2008 and ending December 31, 2009; and SECTION 2. That Gordon Hunter (District 1) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; That (To Be Determined (District 1) is hereby appointed for a term commencing __________ and ending on December 31, 2009; and SECTION 3. That (To Be Determined) (To Be Determined) (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 4. That Norman Broadwell and William S. Bates Advisory Member (District 3) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2011; and SECTION 5. That (To Be Determined) (To Be Determined) (District 4) is hereby appointed for a term commencing ____________ and ending on December 31, 2011; and SECTION 6. That J.T. Adams and Travis Allen (District 5) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; and SECTION 7. That Bob Meyers (District 6) is hereby appointed fro a term commencing December 15, 2008 and ending on December 31, 2011; That (To Be Determined) (District 6) is hereby appointed for a term commencing ________ and ending on December 31, 2011; and SECTION 8. That this Resolution shall become effective upon its adoption; RESOLVED this 15th day of December, 2008. Approved: __________________________ Attest: Joe Lockwood, Mayor _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. _________ COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 08-12- 62, A RESOLUTION TO CREATE A STAKEHOLDER ADVISORY COMMITTEE FOR CITY OF MILTON TRANSPORTATION PLAN BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the _____ day of January 2009 at 6:00 pm. as follows: SECTION 1. That Bruce Smitherman (Mayor’s Appointment) is hereby appointed for a term commencing December 15, 2008 and ending December 31, 2009; and SECTION 2. That (To Be Determined) (District 1) is hereby appointed for a term commencing ___________ and ending on December 31, 2009; and SECTION 3. That (To Be Determined) (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 4. That (To Be Determined) (District 3) is hereby appointed for a term commencing _______________and ending on December 31, 2009; and SECTION 5. That Clyde Johnson (District 4) is hereby appointed for a term commencing December 15, 2008 and ending on December 31, 2011; and SECTION 6. That Vic Jones (District 5) is hereby appointed for a term commencing December 15, 2008 and ending on December 31, 2009; and SECTION 7. That Brad Robinson (District 6) is hereby appointed for a term commencing December 15, 2008 and ending on December 31, 2011; and SECTION 8. That this Resolution shall become effective upon its adoption. RESOLVED this ___ day of January, 2009. Approved: __________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. _________ COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 08-12-63, A RESOLUTION TO CREATE A CITIZEN ADVISORY COMMITTEE FOR CITY OF MILTON CONCEPT PLANS FOR THE INTERSECTIONS OF BIRMINGHAM AT PROVIDENCE AND ARNOLD MILL AT NEW PROVIDENCE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the _____ day of January 2009 at 6:00 pm. as follows: SECTION 1. That Yvonne Latorre (Mayor’s Appointment) is hereby appointed for a term commencing December 15, 2008 and ending December 31, 2009; and SECTION 2. That (To Be Determined) (District 1) is hereby appointed for a term commencing ___________ and ending on December 31, 2009; and SECTION 3. That (To Be Determined) (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 4. That (To Be Determined) (District 3) is hereby appointed for a term commencing _______________and ending on December 31, 2009; and SECTION 5. That (To Be Determined) (District 4) is hereby appointed for a term commencing _____________ and ending on December 31, 2011; and SECTION 6. That Marty Littleton (District 5) is hereby appointed for a term commencing December 15, 2008 and ending on December 31, 2009; and SECTION 7. That Brad Robinson (District 6) is hereby appointed for a term commencing December 15, 2008 and ending on December 31, 2011; and SECTION 8. That this Resolution shall become effective upon its adoption. RESOLVED this ___ day of January, 2009. Approved: __________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08-12-54 A RESOLUTION AMENDING RESOLUTION NO. 08-10-46, A RESOLUTION TO CREATING THE MILTON GROWS GREEN COMMITTEE AND ITS GOVERNING BOARD AND FOR OTHER DESIGNATED PURPOSES AND ADDING A MGG COMMITTEE GOVERNING BOARD MEMBER BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the 1st day of December, 2008 at 6:00 p.m. as follows: WHEREAS, the City of Milton would like to promote and encourage environmental responsibility and the efficient use and conservation of natural resources by citizens and organizations having activities in the City of Milton; and WHEREAS, MGG governance shall be provided by the Committee’s Governing Board comprised of thirteen members with one from each Council district of the community, which shall initially be appointed by majority vote of the City Council, each having experience, knowledge and/or expertise with environmental and/or conservation issues; and WHEREAS, after initial appointment of the MGG Committee’s Governing Board, and any new appointments shall be approved by the City Council based on the recommendation by the Governing Board; and WHEREAS, _______________ representing District 4 is hereby appointed to the MGG Committee’s Governing Board; and, WHEREAS, _______________ representing District 6 is hereby appointed to the MGG Committee’s Governing Board. RESOLVED this _______ day of December 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, Public Safety Director Date: December 11, 2008 for submission onto the January 5, 2009 City CcunciI Meeting Agenda Item: Amendment to Medical Director Services Agreement CMO (City Manager's Office) Recommendation: Approve the attached Amendment to Medical Director Services Agreement Background: The City of Milton presently has a contract with The Emory Clinic, Inc. for Medical Direction Services. The contract became effective in April 2007. As was anticipated, there is a small escalation in cost which, if approved, will be in effect retroactively to November 1, 2008. This was anticipated and is budgeted for in the current FY2009 budget. The fee structure prior to November 1, 2008 is $1755.00 per month and the amendment reflects an increase to $1842.75 per month, increasing the monthly payment by $87.75, reflecting a 5% increase. This new monthly fee will be in place until August 1, 2009 when there will be the opportunity to discuss the contract again and its associated tees. Discussion: See background above. Alternatives: There are no other alternatives. Concurrent Review: Mort Smedley, Interim City Manager Ken Jarrard, City Attorney (Legal review complete and approved at the time of this submission) FIRST AMENDMEN TO MEDICAL DIRECTOR SERVICES AGREEMENT This 25th day of October, 2008, the City of Milton (hereinafter "City"), a political subdivision of the State of Georgia, acting by and through its appointed City Manager and The Emory Clinic, Inc. ("Contractor"), hereby amend the Medical Director Agreement ( by replacing the first paragraph under Article 111, Section 5 with the following: ARTICLE IIT- COMPENSATION FOR SERVICES 9. Beginning on November 1, 2008, in consideration for the professional services to be rendered by the Contractor hereunder, the City shall pay to Contractor $1,842.75 each month (Monthly Fee) through August 1, 2009 for the services of a Medical Director hereunder. This Monthly Fee shall be based on the provision of a minimum of 144 hours of service per year (12 hours/month); however, the Contractor agrees that the Medical Director may provide other additional hours of service in the nature of on-call consultation assistance at no additional cost. The Monthly Fee shall become due and payable on a monthly basis on or before the fifteenth of each month for the preceding month. All amounts over thirty (30) days old will accrue interest at the rate of one and one half percent (1 '/z %) per month. The Contractor shall be entitled to the Monthly Fee upon performing the service set out hereunder without regard to whether the City has received payment on behalf of any patient being transported. The Monthly Fee shall increase by a factor of five percent (5%) on September 1, 2009. The Effective Date of this First Amendment shall be November I, 2048. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall govern. Except as set forth in this Amendment, all other provisions of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement in duplicate originals on the date(s) shown below: City of Milton Bv: Name: Ken Jarrard Its: City Attorney The mory Clinic, Inc. N e: nald I. Brunn Its: Chief Operating Officer M0 ilton City CONTRACT BETWEEN THE CITY OF MILTON AND EMORY HEALTH CARE, INC THIS CONTACT, entered into this day of , 2007 by and between The City of Milton ( hereinafter" City), apolitical subdivision of the State of Georgia, acting by and through its appointed City Manager, and The Emory Clinic, Inc. ( hereinafter " Contractor"), a Georgia nonprofit corporation. WITNESSETH WHEREAS, the City, through its Fire Department has identified a need for a Medical Director to provide emergency medical planning and oversight service to the City; WHEREAS, The City by and through its Fire Department has determined that this need can best be met by retaining the services of an independent contractor; WHEREAS, the City and the Contractor desire to enter into an Agreement for the provision of such services. WHEREAS, the Contractor and the City wish to enter into an arrangement in accordance with the provisions of the personal services safe harbor set forth in section 1001.952 (d), 56 Fed Reg. 35952 and 35985. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereunto agree as follows: ARTICLE I- CONTACTOR'S SERVICES I. The City retains the Contractor, and the Contractor accepts retention by the City to render the services as hereinafter defined and required; to perform such services in the manner and to the extent required by the parties herein; and as may be hereafter amended in writing by mutual agreement of the patties. 2. Donald Brunn„ represents that he is the Chief Operating Officer of The Emory Clinic, as such, is authorized to bind and enter into contracts on behalf of the Contractor. 3. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity, any individual's qualified good faith immunity, or any exemption from liability provided pursuant to O.C.G.A. 46-5-13 1. ARTICLE II- SCOPE OF CONTRACTOR'S DUTIES 4. Upon execution of this agreement by all parties, the Contractor shall commence providing the following to the City: Prospective Protocols Formulation and periodic review/revision of patient treatment protocols, including standing orders. Formulation and periodic review of patient destination protocols Assist in the formulation of protocols for mutual aid, HAZMAT responses, and disaster planning and management Personnel Approve hiring standards for EMS work Participation in formulating and approval of the orientation program for EMT's Participation in the orientation program for EMT's Contribute recommendations for promotion of EMS personnel Tralnin2 Contribute to the formulation of all EMS training programs in conjunction with Fire Department training supervisors Review EMS program instruction plans prior to teaching sessions with alteration of program contents in coordination with EMS training supervisors Review testing materials used in the evaluation of EMT's Concurrent Field Activities May respond on scene to observe and assist direct patient care delivered by EMS personnel Respond on scene when requested by Fire Department supervisor and logistically feasible On line Direction Monitor EMS radio transmissions Give on line medical direction when requested and as indicated Retrospective Patient Care Reports (PCR) Formulation of audit filters for selecting PCR's to review Monthly review of all audited PCB's resulting from review of all PLR's Critical review of all PCB's on patient care cases from which a complaint has been filed Participate in the monthly meeting reviewing summarized statistics on EMS runs to guide changes in EMS protocols, hiring standards, orientation, and further training Patient Care Complaints Investigation of all externally generated filed complaints and internally generated incident reports regarding patient care with respect for departmental due process policies Co -representation of the Fire Service in all meetings with medical representatives of other organizations resulting from Fire Service EMT- patient interactions Internal report to the Fire Chief of all patient care investigations Discipline Participation in appeals of EMS personnel from decisions to restrict or deny patient care privileges Review and approval of the disciplinary process for EMS personnel patient care infractions Recommend all EMS personnel for certification, re -certification, de -certification to the appropriate EMS certifying body, state or national Research Opportunities for clinical research studies involving injury prevention for both patients and firefighters as well as clinical care innovations will benefit from the data generated by Milton Fire Department EMS activity, grant monies available only to fixe departments, and the research experience and resources provided by the Department of Emergency Medicine at Emory. ARTICLE Iii- COMPENSATION FOR SERVICES In consideration for the professional services to be rendered by the Contractor hereunder, the City shall pay to Contractor Twenty -One Thousand Sixty Dollars ($21,460) per year for the services of a Medical Director hereunder (the Fee) payable in equal monthly installments of $ 1755.00 each. This Fee shall be based on the provision of a minimum of 144 hours of service per year (12 hours/month); however, the Contractor agrees that the Medical Director may provide other additional hours of service in the nature of on-call consultation assistance at no additional cost. The Fee shall become due and payable on a monthly basis on or before the fifteenth of each month for the preceding month. All amounts over thirty (30) days old will accrue interest at the rate of one and one half percent (1 F/s %) per month. The Contractor shall be entitled to the Fee upon performing the service set out hereunder without regard to whether the City has received payment on behalf of any patient being transported. 6. The City shall supply and maintain at no cost to the Contractor equipment essential for the performance of emergency medical dispatch sufficient to enable the Medical Director to perform services hereunder at the level consistent with national standards established in the emergency medical dispatch community. Recommendations of the Medical Director for purchase other acquisition of such equipment will be given reasonable consideration by the City. The final decision on a request to purchase any equipment shall be that of the City. 7. The City will provide to the Medical Director all needed expendable supplies, small tools and accessories required in the provision of services; however, the final decision on any request to purchase such supplies, small tools and accessories will be that of the City. S. If any Medical Director performing services hereunder is unable to provide the services described herein( whether due to loss of his/her license to practice medicine in the State of Georgia or loss of his/her DEA license or for any other reason and whether for an interim or extended period of time) then the Contractor in order to provide continuous service under this Agreement shall provide a substitute Medical Director, who shall be a physician licensed in the State of Georgia to practice medicine and board certified or board eligible in Emergency Medicine and who shall be acceptable to the City. The Contractor shall provide the City a minimum of 30 days notice of such a contemplated replacement and of the identity and credentials of any proposed substitute replacement and of the identity and credentials of any proposed substitute Medical Director. If any such replacement Medical Director is not acceptable to the City, then notwithstanding anything to the contrary herein, the City may automatically terminate this Agreement. ARTICLE IV- TERM AND TERMINATION 9. This Contract will become effective April, 2007. The initial term of the Agreement will expire on September 30, 2007. Thereafter, the Agreement will be renewed automatically for two successive one year terms unless: (1) the funds being allocated for this Contract by the City are discontinued; or (2) either party delivers written notice of non -renewal to the other party at least ninety (90) days prior to the expiration of the then existing -term. If the funds are discontinued or written notice of non- renewal is given, this Agreement will terminate upon expiration of the then -existing term. 10. If through any cause of any kind as determined by the City in its sole discretion , the Contractor shall fail to fulfill its obligations under this Contract in a timely and proper fashion or in the event that any of the provisions or stipulations of this Agreement are violated by the Contractor, the City shall thereupon have the right to immediately suspend or terminate this Agreement by serving written notice as defined herein upon the Contractor of its intent to suspend or terminate this Agreement. If this Agreement is terminated pursuant to this paragraph, the Contractor will be, exclusively Iimited to receiving only the compensation for the work satisfactorily performed up to and including the effective date identified in the written termination notice as advised under Article VII -section 16. 11. The City shall have the right to suspend immediately the Contractor's performance hereunder on an emergency basis whenever necessary in the opinion of the City, to avert a Iife-threatening situation or other sufficiently serious deficiency. 12. If there is a change in federal or state programs such that the provision of services pursuant to this Agreement to all or any category or patients would violate applicable laws, regulations, interpretations, guidelines or governmental policy or impose unreasonable burdens on either party, the parties agree to negotiate in good faith to attempt to restructure this Agreement to comply with any such change while at the same time preserving the economic expectations of the parties to the greatest extent possible in a manner consistent with any such change. If any such restructuring is not feasible or if this Agreement is no amended in writing as aforesaid prior to the effective date of the change, then this Agreement shall terminate and upon such termination neither party shall have any further rights hereunder except those which expressly survive termination. ARTICLE V- INDEPENDENT CONTRACTOR STATUS 13. Nothing contained herein shall be deemed to create any relationship other than that of independent contractor between the City and the Contractor. The Contractor acknowledges that any and all individuals supplied hereunder to provide the services provided by the Contractor shall be employees, contractors, or agents of the Contractor. As between the Contractor and the City, the Contractor wiII be responsible for all FICA, federal and state withholding taxes and worker's compensation coverage, and for any and all employment benefits due the Medical Director assigned to the City, and any other employees, contractors, or agents of the Contractor. ARTICLE VI- DEFAULT PROVISIONS 14. The occurrence of any of the following events which continues for thirty (30) days after prior written notice thereof to one party from the other party hereto shall constitute a default under this Agreement. a. If the City fails to make any payments when due or fails to perform or observe any other covenant to be performed or observed under this agreement; b. If the City shall have made any warranty or representation in connection with this Agreement which is found to have been false at the time such warranty or representation was made and is materially harmful to the Contractor. c. If the City becomes insolvent or bankrupt or makes an assignment for the benefit of creditors or a trustee or receiver is appointed for a substantial portion of the City's property is applied for by the City; d. If the Contractor fails to perform any duty under the terms of this Agreement or fails to observe any other covenant to be performed or observed under this agreement; e. If the Contractor shall have made any warranty or representation in connection with this Agreement which is found to have been false at the time such warranty or representation was made and is materially harmful to the City. ARTICLE VII -MISCELLANEOUS 15. ASSIGNMENT: Neither party shall assign this Agreement without the prior express written consent of the other party hereto. Any attempted assignment by the Contractor without the prior express written approval of the City shall at the City's sole option terminate this Agreement without any notice to the Contractor of such termination. The City and the Contractor each binds itself, its successors, assigns, and legal representatives of such other party in respect to all covenants, agreements and obligations contained herein. 16. NOTICE: All notices or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally in hand, or when mailed by certified or registered mail, return receipt requested with proper postage prepaid, addressed to the appropriate party at the following address or such other address as may be given in writing to the parties: City: With copies to: And Contractor: With copies to: The Emory Clinic, Inc 1365 Clifton Road N.E. Atlanta, Georgia 30322 Attention: Donald Brunn Office of the General Counsel The Emory Clinic, Inc. 201 Dowman Drive 101 Administration Building Atlanta, Georgia 30322 Richard G. McAdam, MHA Administrator Emergency Medicine Section The Emory Clinic, Inc. 531 Asbury Circle, Suite N340 Atlanta, GA 30322 Eric Ossmann, MD Department of Emergency Medicine Emory University School of Medicine 49 Jesse Hill Jr. Drive Atlanta, Georgia 30303-3073 17. GOVERNING LAW AND CONSENT TO JURISDICTION; This Agreement is made and entered into in the State of Georgia and this Agreement and the rights and obligation of the parties hereto shall be governed by and construed according to the laws of the State of Georgia without giving effect to the principles of conflicts of laws. 18. ENTIRE AGREEMENT : This Agreement constitutes the entire agreement of the parties pertaining to the subject matter hereof and is intended as a complete and exclusive statement of the promises, representations , negotiations, discussions and agreements oral or otherwise that have been made in connection therewith. No modification or amendment to this Agreement shall be binding upon the parties unless the same is in writing, signed by the City's and the Contractor's duly authorized representative, and entered upon the minutes of the City of Sandy Springs Council, 19. WAIVER OF BREACH: The waiver by either party of a breach or violation of any provision of this Agreement shall not operate or be construed to be a waiver of any subsequent breach or violation of the same or other provision thereof 20. FORCE MA.IEURE: Neither the City nor the Contractor shall be deemed in violation of this Agreement if either is prevented from performing its obligations hereunder for any reason beyond its control, including but not limited to ,acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, or catastrophic failure of public transportation, provided however that nothing herein shall relieve or be construed to relieve the Contractor from performing its obligations hereunder in the event of riots, rebellions, or legal strikes. 21. SEVERABILITY; If any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Agreement, which shall remain in full force and effect, and enforceable in accordance with its terms. 22. CITY'S RIGHT OF INSPECTION; City shall have the right, at its sole discretion to inspect and review the services provided by the Contractor hereunder to determine their acceptability. City shall also have the right to review all of the Contractor's records pertaining to this Agreement and Contractor agrees to properly maintain its records so as to allow the City to audit its fees, standards and services. Contractor shall make such records available to City officials within three (3) business days of receipt of City's written notice to review such records. 23. COOPERATION BY CONTRACTOR WITH CITY; The Contractor shall maintain regular communications with the City and its administrative staff and shall actively cooperate in all matters pertaining to this Agreement including, without limitation, assisting the City in investigating and responding to any and all provision of services under this Agreement. 24. COMPLIANCE WITH APPLICABLE LAWS; The Contractor shall at all times observe and comply with all federal, state, Iocal and municipal ordinances, rules, regulations, relating to the provision of the services contracted to be provided by the Contractor hereunder or which in any manner affect this Agreement. 25. NO CONFLICT; The Contractor represents and warrants that it presently has no interest, direct or indirect and covenants and agrees that it will not, during the term of this Agreement , acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of its duties and obligations hereunder. The Contractor further covenants and agrees for itself, its agents, employees, directors and officers to comply fully with the provision of the Official Code of Georgia (O.C.G.A. Sec. 45-10-20 et.se as such provisions now exist or may be amended hereafter. The Contractor represents and warrants that such provisions are not and will not be violated by this Agreement or the Contractor's performance hereunder. 26. NO REFERRAL CONTINGENCY; It is hereby specifically acknowledged and agreed that any benefit which the Contractor or the Medical Director may directly or indirectly receive hereunder in no way requires, is in no way contingent upon, as is in no way intended to induce, the referral of any patient to the City or any of its facilities. In addition, there is no requirement that the Contractor or the Medical Director make referrals to, being in a position to make or influence referrals to, or otherwise generate business for the City or any of its facilities as a condition for receiving any such benefit. 27. The Contractor shall provide the City with ail customary and required medical and administrative records and written reports at the City's expense and said records shall be and remain the exclusive property of the City. The Contractor shall have access to those records to the extent required to perform services pursuant to this Agreement. 28. If required by Section 952 of the Omnibus Budget Reconciliation Act of 1950 for a period of four (4) years after furnishing services with a value of ten thousand dollars ($10,000) or more over a twelve (12) month period and upon written request, the parties shall make available to the Fire Chief or the Comptroller General of the United States or his designees, this Agreement and the books, documents, and records necessary to verify the cost of such services. If the Contractor provides any services through a subcontract with a related organization such contract shall contain an access to books and records similar to this one if required by the Act. 29. City shall secure and maintain at all times during the Term of this agreement, at its sole expense, commercial general liability insurance, covering itself and its employees. Such coverage provided by city may be afforded via commercial insurance, self-insurance, a captive, or some combination thereof at limits of at least $1,000,000 per claimloccurrence and $3,000,000 in the aggregate. City also will maintain excess coverage in an amount of not less that $5,000,000. Such insurance shall not be cancelable except upon 30 days' prior written notice to the other party. Upon Contractor's request, City shall provide a certificate of insurance evidencing such coverage. Should any of the insurance policies be written on a claims -made basis, insurance requirements shall survive the expiration of the Agreement and extended coverage shall be afforded for at least two (2) years after the expiration of this Agreement. Contractor shall have a right to terminate this Agreement in the event of changes in City's insurance that are unacceptable. City shall secure and maintain at all times during the Term, at its sole expense, workers' compensation and employers' liability insurance covering its employees. Such coverage provided by City may be afforded via commercial insurance or self-insurance at the following limits: Workers' Compensation: Statutory limits Employers' Liability: $1,000,000 each accident; $1,000,000 disease policy limit; $1,000,000 disease each employee City shall secure and maintain at all times during the Term of this agreement, its sole expense, professional liability insurance (medical malpractice), covering itself and its employees. Such coverage provided by City may be afforded via commercial insurance, self-insurance, a captive, or some combination thereof at limits of at least $1,000,000 per claim/occurrence and $3,000,000 aggregate. City shall also will maintain excess coverage in an amount of not less than $5,000,000. Should any of City's insurance policies be written on a claims -made basis, insurance requirements shall survive the expiration of the Agreement and extended coverage shall be afforded for at least two (2) years after the expiration of this Agreement. Contractor shall have aright to terminate this Agreement in the event of changes in City's insurance that are unacceptable. Upon Contractor's request, City shall provide a certificate of insurance evidencing such coverage. Contractor shall secure and maintain at all times during the Term of this agreement, at its sole expense, comtmercW general liability insurance, covering itself and its employees. Such coverage provided by Contractor may be afforded via commercial insurance, self-insurance, a captive, or some combination thereof at limits of at least $1,000,000 per claim/occurrence and $3,000,000 in the aggregate. Contractor also will maintain excess coverage in an amount of not less than $5,000,000. Such insurance shall not be cancelable except upon 30 days' prior written notice to the City. Upon City's request, Contractor shall provide a certificate of insurance evidencing such coverage. Contractor shall secure and maintain at all tithes during the Term of this agreement, at its sole expense, professional liability insurance (medical malpractice), covering itself and its employees. Such coverage provided by Contractor may be afforded via commercial insurance, self-insurance, a captive, or some combination thereof at limits of at least $1,000,000 per claimloccurrence and $3,000,000 aggregate. Contractor also will maintain excess coverage in an amount of not less than $5,000,000. Should any of Contractor's insurance policies be written on a claims -made basis, insurance requirements shall survive the expiration of the Agreement and extended coverage shall be afforded for at least two (2) years after the expiration of this Agreement. City shall have a right to terminate this Agreement in the event of changes in Contractor's insurance that are unacceptable. Upon City's request, Contractor shall provide a certificate of insurance evidencing such coverage. To the extent provided by law, contractor hereby agrees to release, indemnify, defend and hold harmless the City, its Mayor and Councilors, officers, subcontractors, successors, assigns and agents from and against any and all losses, claims, damages, liabilities, costs, and expenses (including but not limited to all actions, proceedings, or investigations in respect thereof and any acts of judgment, settlements, court costs, attorney's fee or expenses, regardless of the outcome of any such action, proceeding or investigation) caused by, relating to, based upon or arising out of any act or omission by Contractor, its directors, officers, employees, subcontractors, successors, assigns or agents, or otherwise in connection with its acceptance, or the performance or nonperformance of its obligations under this contract. Said agreement to release, indemnify, defend and hold harmless shall survive the termination explanation of said contract. To the extent provided by law, City hereby agrees to release, indemnify, defend and hold harmless Contractor, its employees, officers, subcontractors, successors, assigns and agents from and against any and all losses, claims, damages, liabilities, costs, and expenses (including but not limited to all actions, proceedings, or investigations in respect thereof and any acts of judgment, settlements, court costs, attorney's fee or expenses, regardless of the outcome of any such action, proceeding or investigation) caused by, relating to, based upon or arising out of any act or omission by City, its directors, officers, employees, subcontractors, successors, assigns or agents, or otherwise in connection with its acceptance, or the performance or nonperformance of its obligations under this contract. Said agreement to release, indemnify, defend and hold harmless shall survive the termination explanation of said contract. IN WITNESS HEREOF, the parties hereto have set their hands and seals. ATTEST: City of Milton, GEORGIA By THE EMORY CLINIC, INC. By: nald Brunn Chief Operating Officer 1365 Clifton Road NE Atlanta, Georgia 30322 APPROVED AS TO SUBSTANCE: APPROVED AS TO FORM: City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30904 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, Public Safety Director Date: December 11, 2008 for submission onto the January 5, 2009 City Council Meeting Agenda [tem: Field Trial Agreement between the City of Milton and TeraHop Networks, Inc. CMD (City Manager's Office) Recommendation: Approve the attached Field Trial Agreement between the City of Milton and TeraHop Networks, I nc. Background: The City of Milton was approached by TeraHop Networks, Inc. an Alpharetta, Georgia company regarding a beta trial opportunity between the two entities. In summary, TeraHop Networks is in the design and implementation phases of a product that electronically tracks assets at an emergency scene. A beta trial has been compteted in the law enforcement capacity in Cherokee County, Georgia and TeraHop is interested in testing their product in the fire service. Our agency was of particular interest because of the automatic aid agreement we have with another jurisdiction. This beta testing opportunity comes without cost to the City of Milton and there is no future obligations placed upon the City for participating in this beta testing. Discussion: See background above. Alternatives: There are no other alternatives. Concurrent Review: Mort Smedley, Interim City Manager Ken Jarrard, City Attorney (Legal review complete and approved at the time of this submission) Chris Lagerbloom Director of Public Safety City of Milton 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 Dear Chris, Attached are three documents for your signature. These are the documents relating to the Beta trial we (teraHop Networks) are conducting together with the City of Milton. Z. Field Trial Agreement — This has been reviewed by your lawyer. All the changes he wanted were incorporated into the agreement and approved by him. 2. Joint Statement of Work - This has been reviewed by your lawyer. All the changes he wanted were incorporated into the agreement and approved by him. 3. Mutual Confidentiality and Non -Disclosure Agreement —This is our standard 3 page document governing the release of confidential and proprietary information. It has not been reviewed by your lawyer. If that is a requirement, please forward it to him and have him contact me if he has any questions. There are two copies of each agreement. All of them have been signed by Teral-lop. Please sign each copy and keep one for your records. Please call or e-mail me, and I will pick up the other copy of each signed agreement. Thank you Chris, 01 �(� Bob Perrotta Director of Sales Tera Hop Networks 1225 Old Alpharetta Road, Suite 210 Alpharetta, GA 30005 678-448-8837, cell 678-455-8844, office bobperrotta@terahop.com TeraH p FIELD TRIAL AGREEMENT This TeraHop Networks, Inc. Trial Agreement (the "Agreement") is dated (the "Effective Date") between TeraHop Networks, Inc. ("TeraHop"), a Delaware corporation, and the undersigned customer ("Customer"). 1. Purpose, Scope and Term. Pursuant to this Agreement, Customer agrees to obtain temporary possession and use certain Products (hereinafter defined) of TeraHop, in a mutually agreed upon hardware and software configuration (collectively, the "Trial System"), as a trial site. Customer agrees to use the Products internally for evaluation purposes only, all under the terms and conditions of this Agreement and for the purposes applicable to such evaluation. The details of the installation and use of the Trial System will be specified in a jointly developed and agreed upon Statement of Work. The Statement of Work is to be signed by the parties prior to the delivery of any Products. In the case of any discrepancy between this Agreement and the Statement of Work, this Agreement shall govern. Customer agrees to trial the Products for a period not to exceed fig (sixty) days ("Loan Period") for use in the Customer's internal operations and at the location specified in the Statement of Work. TeraHop will provide technical support and assistance on the operation of the Trial System during normal business hours in accordance with its standard policies. TeraHop acknowledges that in the performance of the terms of this Agreement by Customer, TeraHop shall receive good and valuable consideration to include, but not be limited to, testing of the Trial System, suggestions and recommendations from Customer regarding the Trial System, and marketing of the Trial System both to Customer and to other potential customers. 2. Products. For purposes of this Agreement, the following definitions shall apply: 2.1 "Hardware" shall mean TeraHop Remote Sensor Nodes ("RSN"), Gateways ("GW"), Gateway Controllers ("GC"), Gateway Servers ("GS"), Personal Digital Assistants (PDA), and other computer hardware necessary to configure a complete TeraHop Trial System. 1000896.1 -2- 2.2 "Software" shall mean the software programs (including the operating system) necessary to run the Hardware and user application software. 2.3 "Documentation" shall mean the documentation provided by TeraHop to assist Customer in installing and using the Hardware and Software. 2.4 "Products" shall mean any combination of Hardware, Software and/or Documentation that is listed on the attached Statement of Work. 3. Price, Purchase and Upgrade. TeraHop shall provide the Trial System to Customer at no charge. At the conclusion of the trial, Customer will have the opportunity to purchase the Trial System and other Products for continued use in Customer's operations. Any future purchases will be based on a separate, mutually agreeable System Purchase Agreement. TeraHop will modify, enhance, or replace the Trial System as necessary based on the outcome of the Trial to make it match the capabilities and functionality of TeraHop's first commercially available Products if Customer buys Products. If the Products are to be replaced with a commercially available Product then Customer will return the Trial System to TeraHop. 4. Title, License and Limitations. 4.1 Title in and to the Hardware, Documentation, and Software shall remain solely in TeraHop. 4.2 Except as otherwise provided herein, the loan/evaluation of the Products hereunder does not include or grant any rights or licenses, implied or otherwise, under any of TeraHop's patents, copyrights, trademarks, trade secrets or other proprietary rights covering such systems. 5. Software. 5.1 The Software shall not be modified, decompiled, or changed in any way. All copies of the Software must contain TeraHop's copyright notice and any other TeraHop proprietary notices appearing on the original. 5.2 Customer agrees not to cause or knowingly permit the reverse engineering, disassembly, or decompilation of the Software or otherwise attempt to recreate the Source Code. 5. Delivery and Risk of Loss. 5.1 Subject to availability, TeraHop shall deliver the Products to Customer's location specified in each attached Statement of Work at TeraHop's 11000846.1 -3 - expense. 6.2 If the Products provided to Customer hereunder are lost, damaged or made invalid during shipment, TeraHop shall replace the Products as soon as practicable at no charge or cost to Customer. After delivery of the Products, Customer shall provide adequate security to protect the Products from theft, damage, or misuse and shall bear all risk of loss or damage for the Products during the Loan Period, except as may occur during normal field -trial operations, as defined in the Statement of Work and as further defined during the Training that is provided for in the Statement of Work. Customer will employ reasonable care in the use of all Products. 7. Installation, Maintenance, Use and Return. 7.1 If requested by Customer, TeraHop shall provide its personnel for installation of the Products and shall provide personnel, as required, to assist Customer in the use of the Products during the Loan Period at no charge to Customer. All work hereunder shall be specified in an attached Statement of Work. 7.2 TeraHop shall use reasonable efforts to provide maintenance for the Products at no charge to Customer including, but not limited to, any corrections and technical support on the Software during the Loan Period. Customer shall correspondingly apply those efforts to keep the Hardware in proper condition during the Loan Period. 7.3 Customer shall only use the Trial System in a facility or network configuration where UL or FCC certification is not required or critical for the Trial_ Customer understands that the Trial System is a test product only and that use of the Trial System in any environment may interfere with the use and operability of electronic equipment. Customer has experience and familiarity in the testing and use of equipment similar to the Trial System and is aware of the risks and limitations of that testing and use. 7.4 Upon any expiration, termination or cancellation of this Agreement or any Statement of Work attached hereto: 7.4.1 TeraHop shall be responsible for de -installation and removal of the Hardware upon the expiration, termination or cancellation of the Statement of Work, including, but not limited to all associated costs. Customer shall either return to TeraHop or destroy all copies of the Software and Documentation and any of TeraHop's other Information (as defined in Section 13 below) received by Customer in connection with this Agreement. If requested by TeraHop, within 11000846.1 -4 - one (1) month after completion of the above, Customer shall certify to TeraHop the return or destruction of the original and all copies of the Software and Documentation and such Information. 7.4.2 TeraHop agrees to return to Customer or destroy all copies of Customer's Information received by TeraHop under this Agreement. If requested by Customer, within one (1) month after completion of the above, TeraHop shall certify to Customer the return or destruction of the original and all copies of Customer's Information received. 7.4.3 The requirement to return/destroy Software, Documentation and Information applies to copies in all forms, partial and complete, in all types of media and computer memory and whether or not modified or merged into other materials. 8. Indemnification of Customer by TeraHop. TeraHop represents that the use of the Trial System by Customer, in the limited manner described herein, will not infringe any United States patent, trade secret or proprietary right of another. TeraHop agrees to defend Customer from and against any claim or action based on any breach of the above and will hold Customer harmless from any costs and/or damages awarded against Customer in any such claim or action or settlement thereof; provided that: (i) TeraHop is promptly notified in writing of such claim, (ii) Customer grants TeraHop sole control of the defense and any related settlement negotiations, and (iii) Customer cooperates with TeraHop in defense of such claim. TeraHop shall have no liability to Customer if the infringement results from: (a) use of the Trial System in combination with software or hardware not provided by TeraHop; (b) modifications to the Trial System not made by TeraHop; (c) use of other than a current release of the Trial System, if such infringement would have been avoided by use of a current TeraHop release; or (d) misuse or disclosure of Confidential Information by Customer or its Employees, or third parties to whom Customers discloses Confidential Information. The foregoing states the entire liability of TeraHop with respect to infringement of any patents, copyrights, trade secrets or other proprietary rights by the Trial System or any part thereof. In the event that an injunction is issued against use of the Trial System or if TeraHop believes that such an injunction may issue then, at TeraHop's option and at its expense, TeraHop may (a) replace the Trial System with a system that does not infringe; (b) provide a revision to the Trial System so as to make it noninfringing; (c) obtain a license for Customer or (d) accept the return of the Trial System by the Customer. 9. Warranty. 11000896.1 10. 1]000896.1 -5- 9.1 TeraHop hereby warrants that it has the right to grant to Customer the right to use the Products for the purposes stated in each attached Statement of Work and that it has the authority to enter into this Agreement. 9.2 EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED ABOVE, AND IN LIEU OF ALL OTHER WARRANTIES, THE PRODUCTS ARE FURNISHED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. Liability. 10.1 All persons furnished by TeraHop shall be considered solely TeraHop's employees or agents, and TeraHop shall be responsible for compliance with all provisions of the Fair Labor Standards Act, the Occupational Safety and Health Act, and all other applicable federal, state, county, and local laws, rules, ordinances, codes, and regulations including, but not limited to, employment of labor, hours of labor, working conditions, Workers' Compensation, payment of wages, and the payment of taxes, such as unemployment, social security and other payroll taxes, including applicable contributions from such persons when required by law. TeraHop agrees to indemnify, defend and hold harmless Customer from and against any and all losses, damages, claims, demands, suits and liabilities (including reasonable attorney's fees) awarded by a court of final jurisdiction that arise out of or result from: 10.1.1 injuries or death to persons or damages to tangible, personal or real property, including theft or other actionable harm, to the extent caused by (a) TeraHop's willful or negligent acts or omissions or those of persons furnished by TeraHop, or (b) the material or services performed or supplied by TeraHop or by persons furnished by TeraHop; or 10.1.2 assertions under Workers' Compensation or similar acts made by persons furnished by TeraHop or any subcontractor working for TeraHop. 10.2 The obligations of the indemnifying party under this Section 10 are contingent upon (a) the indemnified party giving prompt written notice to the indemnifying party of any such claims, demands or suits, (b) the indemnifying party being given full control and authority over the defense or settlement of any litigation or claim which requires indemnification -6 - hereunder, and (c) the indemnified party providing all reasonable cooperation to the indemnifying party (at the latter's expense). The indemnified party shall have the option to participate in any such litigation or claim with counsel of its own choosing at its own expense. 11. Limitation of Liability. 11.1 NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, EITHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE. 11.2 TERAHOP SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OR DELAY OF TERAHOP IN THE DELIVERY OR INSTALLATION OF THE PRODUCTS OR IN THE PERFORMANCE OF THE PRODUCTS OR QUALITY OF ANY SERVICES UNDER THIS AGREEMENT. 12. Proprietary Information. 12.1 Each parties' specifications, drawings, sketches, models, samples, data, customer listings, computer programs or documentation, or technical, business, or other proprietary information ("Information") furnished or disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") and marked as proprietary or confidential shall be deemed the property of the Disclosing Party and, when in tangible form, shall be returned to the Disclosing Party on written request or at the expiration, termination or cancellation of the pertinent Loan Period and Statement of Work. If the Disclosing Party's Information is not disclosed in tangible form, it must be identified as confidential, proprietary, or similar notation at the time of disclosure or reasonably soon thereafter and in the event any information is disclosed but not so marked, identified or summarized, it will still be considered Information hereunder if, given the nature of the information and the context of disclosure, one would reasonably expect such information to deserve confidential treatment. The Products shall be deemed to be Information belonging to TeraHop. 12.2 During the term of each Statement of Work to this Agreement and for a period of three (3) years after the termination, expiration or cancellation of this Agreement and/or each Statement of Work to this Agreement, the Disclosing Party's Information shall be held in strict confidence by the Receiving Party and shall be used only for the intended purpose(s). Customer's compliance with the Georgia Open Records Act or any applicable record retention statute, regulation or policy shall not be deemed a violation of any provision of this Agreement. M D0896. ] -7- 12.3 The Receiving Party's obligations under this Section 12 do not apply to Information which: 12.3.1 is independently developed by the Receiving Party without the use of the Information, or 12.3.2 is or has become generally available to the public without breach of this Agreement by the Receiving Party, or 12.3.3 at the time of disclosure to the Receiving Party, was known to such Receiving Party free of restriction and evidenced by documentation in the Receiving Party's possession, or 12.3.4 is approved for release by written authorization of the Disclosing Party, but only to the extent of and subject to such conditions as may be imposed in such written authorization, or 12.3.5 is disclosed in response to a valid order of a court, regulatory agency, or other governmental body in the United States or any political subdivision thereof, but only to the extent of and for the purposes stated in such order; provided, however, that the Receiving Party shall first notify the Disclosing Party in writing of the order and cooperate with the Disclosing Party if the Disclosing Party desires to seek an appropriate protective order, or 12.3.5 is disclosed to the Receiving Party in good faith by a third person who is legally entitled to disclose the Information. 13. Assignment. Neither party shall assign or otherwise transfer its rights or obligations under this Agreement except with the prior written consent of the other. 14. Termination. Either party may terminate this Agreement, without cause, upon twenty (20) days prior written notice. 15. Choice of Law. The construction, interpretation and performance of this Agreement shall be governed by the laws of the State of Georgia. 16. Notices. 11000896.1 IL's Any notice, demand, acknowledgment or other communication which under the terms of this Agreement must or may be given or made by either party shall be in writing and shall be given or made by facsimile, by certified or registered mail, or by hand delivery addressed to the respective parties as follows: To TeraHop: 1225 Old Alpharetta Road Suite 210 Alpharetta, GA 30005 Facsimile 678-566-1553 To Customer: City of Milton 13000 Deerfield Parkway Suite 107F Milton, GA 30004 Such notice, demand, acknowledgment or other communication shall be deemed to have been given or made, in the case of a facsimile, when delivery is confirmed electronically; in the case of certified or registered mail, when deposited postage prepaid in the U.S. mail, and in the case of hand delivery, when delivered. The above addresses may be changed at any time by giving thirty (30) days prior notice as provided above. 17. Publicity. Except as may be required by law, neither of the parties shall publicly announce or disclose the terms of this Agreement or advertise or release any publicity regarding this Agreement or the transactions described herein without the prior written consent of the other party. Each party agrees to submit to the other party for prior approval all advertising, sales promotions, press releases and other publicity matters wherein the other party's names or marks are mentioned or language from which the connection of said names or marks may be inferred or implied. This provision shall survive the expiration, termination, or cancellation of this Agreement or any Statement of Work attached. 18. Purchase of Product. Uselevaluation of the Products shall not obligate Customer to license or purchase the Products and does not obligate TeraHop to sell or license Products to Customer. In the event Customer elects to purchase the Products loaned pursuant to this Agreement or evaluated under this Agreement, the purchase of the Hardware, the license of the Software and Documentation or the maintenance thereof, shall be subject to separate purchase and/or license agreements to be entered into by the parties. If Customer elects to purchase the Products, Customer's purchase price shall be negotiated without regard to the estimated value of the Products as stated in Appendix A. 11000896.1 19. 20. 11000895.1 Governmental Compliance It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City - provided forms, attached hereto as Exhibits "B" and "C" that it and Contractor's sub Contractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's sub Contractors' verification process to determine that the verification was correct and complete. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's sub Contractors employ unauthorized aliens on City contracts. Compliance with the requirements of Q.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that the employee -number category designated below is applicable to the Contractor. 500 or more employees. 100 or more employees. X Fewer than 100 employees. Contractor agrees that, in the event the Contractor employs or contracts with any sub Contractor(s) in connection with this Agreement, the Contractor will secure from the sub Contractor(s) such sub Contractor(s) indication of the above employee -number category that is applicable to the sub Contractor. Contractor's compliance with the requirements of Q.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the Contractor's affidavit attached as Exhibit "B." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. Survival. In the event of any termination, expiration, or cancellation of this Agreement, any Statement of Work attached hereto, or any Loan Period, the provisions of Sections 10, 11, 12, 15, 17, and 19 shall survive and continue and shall bind - 10- TeraHop and Customer from the effective date of such termination, expiration, or cancellation. 21. Entire Agreement. This Agreement and any Statement of Work attached constitute the entire Agreement for the loan/evaluation of Products specified between TeraHop and Customer and may not be modified or amended other than by a written instrument executed by both parties. This Agreement, amendments and Statements of Work may be executed in counterparts. In addition, the parties agree that signatures sent via facsimile transmission shall be binding as evidence of acceptance of the terms of this Agreement, amendments and Statements of Work by such signatory party. [remainder of page intentionally left blank] 11000896.1 -11 - IN WITNESS WHEREOF, the parties have entered into this Agreement as of the Effective Date written above. CITY OF MILTON Name of Customer By: Date: Name: Title: Address of Customer: 13000 Deerfield Parkway, Suite 107F, Milton, GA 30004 Location of Test: City of Milton, Fire Station #3, 750 Hickory Flat Rd. Milton, GA 30004 TERAHOP NETWORKS, INC. By: Date: Name: Thomas R. Berger Title: Resident and Chief Executive Officer s 4/iment under seal as authorized by the Bylaws: ,Gregdry Fleldher, Corporate Secretary 11000896.1 Date: -12 - Price List Item Price Remote Sensor Node (RSN) $ 200.00 Gateway Router (GR) $1500.00 Gateway Server (CS) $1500.00 Other Server $1500.00 PDA (semi -rugged) $1500.00 PDA (standard) $1000.00 Wi-Fi Router $ 100.00 11000896.1 -13- ry:4:1tslt90 STATE OF GEORGIA '1"1901 al I I a 01 CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-14-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned fiurther agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "1." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Contractor Name) President and Chief Executive Officer Title of Authorized Officer or Agent of Contractor Thomas R. Berger Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF [' c�-,,�pC-r-- , 200_ Notary Public U��i�ti1�►►► My Commission Expires: ,���pN S, ►►�i,e � O ... �. Do I a .�� '' iss 0 rC?� i L9A p ` i f '00-0,q: Z • Qr �� LIG = C? STATE OF GEORGIA CITY OF MILTON -14 - EXHIBIT C SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Subcontractor Name) Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20d Notary Public My Commission Expires: 11000996A JOINT STATEMENT OF WORK (SOW) and INTENT TeraHop System Field Trial Deployment TeraHop Networks, Inc., and The City of Milton Public Safety Department Purpose & Objectives • Test the capabilities of the TeraHop Solution and collect data during simulations, training exercises, and, if possible, actual incidents, regarding: o Physical robustness o Operational usability and utility o RF -related performance o Environmental performance • Get feedback from The City of Milton Fire Services regarding feature needs/desires. • Get feedback from The City of Milton Fire Services whether the included feature set and performance are sufficient to make the product attractive for purchase. • Compare feedback of a current FIREHOUSE Software user (i.e., The City of Milton Fire Services) and non-users. • Complete the trial by mid-December, 2008. Scope, Timing, and Duration Summary • The trial is expected to be conducted as a single phase, as mutually agreed upon between the two parties. • The target is to commence field trial operations in late -October, 2008, assuming availability of THN materials and that an agreed -to plan, training, and installation have been completed prior. • The planning period commences immediately upon confirmation that this SOW is acceptable. Plarming will minimally determine: o How many devices and units of infrastructure will be required to make a valid and useful trial for both parties, and that can be supported by both parties with manpower and other resources. o On what vehicles and fixed structures THN infrastructure will be installed and in what configurations. o How and under what conditions the trial will be conducted (what types of incidents, participants, exact duration, special rules, etc.) o What special needs are desired by The City of Milton Fire Services, whether/how THN can accommodate them, and making those accommodations (e.g., product changes), and vice -versa. o Training requirements (for both The City of Milton Fire Services and THN). o Whatever else a joint planning team between The City of Milton Fire Services and THN decides. Planning is expected to require 1-2 weeks, to permit THN to finalize its product development and to make adjustments to accommodate The City of Milton Fire Services needs, and to accommodate availability of The City of Milton Fire Services planning representatives. • Installation of THN devices and infrastructure is expected to require 1 week, depending upon availability of The City of Milton Fire Services resources and equipment. • A simple THN PDA incident -management application will be used during the trial. The features and capabilities of this PDA/application relate to the data -generation and device -control features of the THN System and meet the highest -value feature requirements of The City of Milton Fire Services. • Training is expected to be conducted approximately concurrent with installation. • The field trial operations are expected to last 4-6 weeks, or otherwise sufficiently long to collect meaningful data. Operations begin immediately upon completion and test of all installations, completion of training, and assuming both parties are otherwise ready. • Although data and feedback will be collected throughout, a formal lessons -learned review will be conducted jointly upon conclusion of operations. 12/5/2008 TeraHop Networks • A final report of System -performance findings will be prepared by TeraHop and reviewed/endorsed by The City of Milton Fire Services within 2 weeks of the lesson -learned review. Planning • TeraHop will supply, at its own expense, Subject Matter Experts (SMEs) to visit The City of Milton Fire Services' facilities and work with The City of Milton Fire Services personnel to plan exactly what equipment will be deployed, how, and where, with The City of Milton Fire Services concurrence. There may also be exchanges via email and telephone. • The City of Milton Fire Services will make its own SMEs available to assist the TeraHop SMEs in that planning and to establish such ground rules for deployment and operation as The City of Milton Fire Services sees fit. It is expected that The City of Milton Fire Services' SMEs will be on duty when participating in all aspects of the field trial. ■ TeraHop and The City of Milton Fire Services will work together to define the training regiment and for whom. • Planning topics will include: o PDA terminology o Equipment installation ton what & how) o Planning visits o Training ❑ Access by THN personnel ■ During planning ■ During set-up & test ■ During trial operations ❑ Availability of The City of Milton Fire Services personnel ■ During planning ■ During set-up & test ■ During trial operations o Trial events ■ Simulations ■ Training events ■ Actual incidents o Lists of specific items to test (e.g., where to wear RSNs, motion/no-motion, range, etc.) o Outside observers o PR o Risks & risk mitigation o Project closure, lessons -learned & reports c Subsequent phases Equipment List for the Deployment • Planning may dictate changes. However, the initial equipment expected to be deployed shall be: 0 1 Gateway Controller and supporting servers and Wi-Fi router o Up to 25 RSNs (Remote Sensor Nodes) o Cables, mounting brackets, and other accessories o 2 PDAs equipped to use the THN First Responder Automated Accountability software application Installation • TeraHop will supply at its own expense SMEs to visit The City of Milton Fire Services' facilities to install equipment per the jointly -developed plan. TeraHop SMEs are expected to do the installations, except on those vehicles or locations that The City of Milton Fire Services prefers to handle using its own resources or if physical changes (such as welding, penetrating vehicle housing, etc.) are required to the identified vehicles. The aim is to avoid permanent changes to The City of Milton Fire Services' equipment and facilities, yet maximize performance of the System. • TeraHop will be responsible for supplying all equipment and installation hardware, at its own expense. 12/512008 TeraHop Networks The GC is expected to be mounted to The City of Milton Fire Services' vehicles, high and outside. RSNs will be worn by The City of Milton Fire Services' responders, on belts, in pockets, or in others locations as determined by The City of Milton Fire Services' responders_ In some cases, RSNs may be mounted to vehicles. At the conclusion of field trial operations, TeraHop's SMEs will remove the equipment that was installed for the trial, except for that equipment that The City of Milton Fire Services prefers to remove using its own resources or that The City of Milton Fire Services prefers to keep on an ownership or an extended trial basis. All installed/removed equipment remains the property of TeraHop, unless otherwise mutually agreed. Training TeraHop will supply at its own expense an SME trainer to develop a training regimen and to conduct the training, per the plan. The training subjects will include how the System operates, how to use the System, and what to expect from wireless data systems. • The City of Milton Fire Services will supply at its own expense an SME trainer to deliver instruction to THN personnel in those areas that The City of Milton Fire Services deems appropriate, in regards to The City of Milton Fire Services operations and safety. • The training will be conducted at/in The City of Milton Fire Services' facilities. Trial Operations ■ The operational trial period is expected to run 4-6 weeks. • The City of Milton Fire Services dictates to what degree TeraHop personnel may observe operations. TeraHop personnel will be available to accompany The City of Milton Fire Services' commanders, should The City of Milton Fire Services so desire and should the logistics of time and distance be workable. ■ Other than the addition of THN hardware and the use of the THN PDA and its software application, The City of Milton Fire Services operations are expected/desired to be identical to or enhanced, compared to what they are now. Interim Reports • TeraHop will prepare a bi-weekly status report of activities, feedback, and notable events. In addition, minutes will be generated after each team meeting. These will be sent to The City of Milton Fire Services by email to a designated contact, for distribution within The City of Milton Fire Services. Lessons -Learned and Report of Findings • Upon conclusion of operations, a formal lesson -learned review will be conducted, led jointly by a TeraHop SME and a City of Milton Fire Services SME. The review will be conducted at The City of Milton Fire Services facility. The preferred timing is to conduct the review within 2 weeks of the conclusion of operations. • Within 2 weeks of the lesson -learned review, TeraHop will have offered a draft of a final report of the entire deployment, including lessons -learned, to The City of Milton Fire Services for their approval. With The City of Milton Fire Services approval, the final report will be available to both parties for their internal use. Personal Responsibility TeraHop personnel shall be responsible for their own safety and conduct while on-site working with The City of Milton Fire Services and while traveling to and from those sites. Subsequent Publications Assuming a successful trial, either or both TeraHop and The City of Milton Fire Services may wish to publicize the trial and its results. Each party will inform the other of any such intent or opportunity, and will receive permission accordingly, including approval of content. 12/5/2008 TeraHop Networks Subsequent Obligations It is desired, but not required, by TeraHop that the field trial will lead to an order from the City of Milton for a basic system by year-end. However, TeraHop understands that this Agreement gives rise to no obligation whatsoever by the Customer to incur any monetary outlay of any kind. Governmental Compliance It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "19" and "C" that it and Contractor's sub Contractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perforin work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's sub Contractors' verification process to determine that the verification was correct and complete. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's sub Contractors employ unauthorized aliens on City contracts. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that the employee -number category designated below is applicable to the Contractor. 500 or more employees. 100 or more employees. X Fewer than 100 employees. Contractor agrees that, in the event the Contractor employs or contracts with any sub Contractor(s) in connection with this Agreement, the Contractor will secure from the sub Contractor(s) such sub Contractor(s') indication of the above employee -number category that is applicable to the sub Contractor. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the Contractor's affidavit attached as Exhibit "B." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. Joint Agreement to This Statement of Work For TeraHop Networks, Inc. Signature Thomas R. Berger Print Name President and Chief Executive Officer Title fz S Date For The City of Milton Public Safety Department Signature Print Name Title Date 12/5/2008 TeraHop Networks STATE OF GEORGIA CITY OF MILTON EXHIBIT A CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with G.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-I0-91 on the Subcontractor Affidavit provided in Rule 30040-01-.48 in the form attached hereto as Exhibit "1." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractors) is retained to perform such service. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Contractor Name) President and Chief Executive Officer Title of Authorized Officer or Agent of Contractor Thomas R. Berger Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEI'ORE ME ON THIS THE DAY OP�C��+nr.�{. c� 1200S Notary Public My Commission Expires: �: ai�fe. ,�►ItI1 G7� P NOT N' =z: e Xr qC �mj, sy LIG Q 2 rota ,�t . .Q1 IVTY, q t� 12/5/2008 TeraHop Networks STATE OF GEORGIA CITY OF MILTON EXHIBIT B SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Subcontractor Name) Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF '200 Notary Public My Commission Expires: 12/5/2008 TeraHop Networks MUTUAL CONFIDENTIALITY AND NON -DISCLOSURE AGREEMENT VERSION 1.0 Effective Date This Agreement is made by and between TeraHop Networks, Inc., a Delaware corporation (the "Company"), having a principal place of business at 1225 Old Alpharetta Rd., Suite 210 Alpharetta, GA 30005, and The City of Milton, having a principal place of business at 13000 Deerfield Parkway, Suite 107F, Milton, GA 30004, (the "Other Party"). The Company and the Other Party are entering into and/or have been having discussions ap to a potential business transaction or strategic relationship ("Potential Transaction"). 1. Definition of Confidential Information. "Confidential Information" as used in this Agreement shall mean any and all technical and non-technical information including patent, copyright, trade secret, and proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulae related to the current, future and proposed products and services of each of the parties, and includes, without limitation, their respective information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, business forecasts, sales and merchandising, and marketing plans and information. "Confidential Information" also includes proprietary or confidential information of any third party who may disclose such information to either party in the course of the other parry's business. Such information disclosed by the disclosing party ("Discloser") or observed by the receiving parry ("Recipient") will be considered Confidential Information by Recipient if Discloser treats such information as confidential, if the information could reasonably be considered to have economic value, actual or potential, from not being generally known to others, if such information is conspicuously marked as "Confidential", "Proprietary" or some similar designation, or if such information is provided visually or orally, it is identified as confidential at the time of disclosure. 2. Nondisclosure and Nonuse Obligation. Recipient will not use the Discloser's Confidential Information except in connection with evaluating and discussing the Potential Transaction with Discloser and Recipient will not disseminate, copy, reverse engineer, or in any way disclose any of Discloser's Confidential Information to any person, firm or entity (including for all purposes any federal, state or local government agency), except to its employees and authorized representatives for use in connection with the Potential Transaction. Furthermore, the existence of any business negotiations, discussions, consultations or agreements in progress between the parties shall not be released to any form of public media without written approval of both parties. Recipient shall treat all Confidential Information of the Discloser with at least the same degree of care as it accords to its own Confidential Information, and each of the parties represents that it exercises reasonable care to protect its own Confidential Information. Recipient agrees that it shall disclose Confidential Information of the Discloser only to those of its employees who need to know such information and certifies that such employees have previously agreed, either as a condition to employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those of this Agreement. Recipient will immediately give notice to Discloser of any unauthorized use or disclosure of the Confidential Information. Recipient agrees to assist Discloser in remedying any such unauthorized use or disclosure of the Confidential Information. 3. Exclusions from Nondisclosure and Nonuse Obligations. Recipient's obligations under Paragraph 2 ("Nondisclosure and Nonuse Obligations") shall not apply as to specified information of the Discloser if the Recipient can document that: (i) it was in the public domain at or subsequent to the time it was communicated to Recipient by Discloser through no fault of Recipient; (ii) it was rightfully in Recipient's possession free of any obligation of confidence at or subsequent to the time it was communicated to Recipient by Discloser; (iii) it was developed by employees or agents of Recipient independently of and without reference to any information communicated to Recipient by Discloser; (iv) it was communicated by the Discloser to an unaffiliated third party free of any obligation of confidence; or (v) the disclosure was in response to a valid order by a court or other governmental body, was otherwise required by law, or was necessary to establish the rights of either parry under this Agreement, provided Recipient limits the disclosure to the extent so required and provided that the Recipient gives BOS1549648.1 -Z - Discloser as much advance notice as is practicable to permit Discloser to obtain confidential treatment or a protective order. 4. Ownership of Confidential Information and Other Materials. All Confidential Information, and any Derivatives thereof whether created by Discloser or Recipient, remain the property of Discloser and no license or other rights to Confidential Information is granted or implied hereby. For purposes of this Agreement, "Derivatives" shall mean: (i) for copyrightable or copyrighted material, any translation, abridgement, revision or other form in which an existing work may be recast, transformed or adapted; (ii) for patentable or patented material, any improvement thereon; and (iii) for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected by copyright, patent and/or trade secret. All materials (including without limitation, documents, drawings, models, apparatus, sketches, designs and lists) furnished to one party by the other, and which are designated in writing to be the property of such party, shall remain the property of such party and shall be returned to it promptly at its request, together with any copies thereof. 5. Independent Development. Discloser understands that Recipient may currently or in the suture be developing information internally, or receiving information from other parties that may be similar to Discloser's information. Accordingly, nothing in this Agreement will be construed as a representation or inference that Recipient will not develop products, or have products developed /for it, that, without violation of this Agreement, compete with the products or systems contemplated by Discloser's Confidential Information. 6. Disclosure of Third Party Information. Neither party shall communicate any information to the other in violation of the proprietary rights of any third party. 7. No Warranty. All Confidential Information is provided "AS IS" and without any warranty, express, implied or otherwise, regarding its accuracy or performance. 8. No Obligation to Disclose. Recipient understands that nothing herein (i) requires the disclosure of any Confidential Information of Discloser, which shall be disclosed if at all solely at the option of Discloser, or (ii) requires Discloser to proceed with any proposed transaction or relationship in connection with which Confidential Information may be disclosed. 9. No Export. Neither party shall export, directly or indirectly, any technical data acquired from the other pursuant to this Agreement or any product utilizing any such data to any country for which the U.S. Government or any agency thereof at the tiYne of export requires an export license or other government approval without first obtaining such license or approval. 10. Term. This Agreement may be terminated by either party upon not less than fifteen (15) days prior written notice to the other party, but the obligations of the Recipient with respect to the protection of Confidential Information shall survive for a three (3) year period after the initial disclosure or delivery of that Confidential Information to Recipient. it. No Assignment. Neither Party will assign or transfer any rights or obligations under this Agreement without the prior written consent of the other Party. 12. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated: (i) by personal delivery when delivered personally; (ii) by overnight courier upon written verification of receipt; (iii) by telecopy or facsimile transmission upon acknowledgment of receipt of electronic transmission; or (iv) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the addresses set forth above or such other address as either party may specify in writing. 13. Governing Law. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Delaware. SOS 1549648.1 -3- 14. Severabilitv. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. 15. Waiver, The waiver by Discloser of a breach of any provision of this Agreement by Recipient shall not operate or be construed as a waiver of any other or subsequent breach by Recipient. 16. Injunctive Relief. A breach of any of the promises or agreements contained herein by a party will result in irreparable and continuing damage to the other party for which there will be no adequate remedy at law, and the injured party shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate). 17. Entire Agreement. This Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements concerning such matter. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "COMPANY" TeraHop Networks, Inc. Signature Thomas R. Berger Print Name President and Chief Executive Officer Title ROS 15496d8.1 "OTHER PARTY" Print Name of Other Party Signature Print Name Title STATE OF GEORGIA FULTON COUNTY RESOLUTION NO. 09 - RESOLUTION OF THE CITY OF MILTON GEORGIA TO SET QUALIFYING FEES FOR MUNICIPAL ELECTIONS The Council of the City of Milton hereby resoles while in regular session on the day of January 2009 at 6:00 pm: WHEREAS, effective January 1, 1999, the Georgia Municipal and Georgia Election Codes were combined into one known as the Georgia Election Code; and WHEREAS, such Code provides at § 21-2-131(a)(1) that qualifying fees shall be fixed not later than February 1 of any year in which a general election is to be held; and WHEREAS, State law provides that such fees shall be three percent (3%) of the total gross salary of the office paid in the preceding year if a salaried office; and WHEREAS, in compliance with House Bill 1470, the City of Milton will be holding elections for the Mayor and Council Seats from District 1, District 3, and District 5 in 2409; and WHEREAS, the Internal Revenue Service has held that Councilmembers hold salaried positions: NOW, THEREFORE, the Mayor and Council of the City of Milton, Georgia, pursuant to their authority do hereby adopt a Resolution as follows: The following qualifying fees shall apply to candidates seeking municipal office in the election to be held November 3, 2009: Mayor $690.00 City Councilmember $390.00 2. Let a copy of this Resolution be published in a newspaper of general circulation following its adoption. The above Resolution was read and approved by the Mayor and Council of the City of Milton on the day of January, 2009. Attest: Jeanette R. Marchiafava, City Clerk (Seal) Joe Lockwood, Mayor City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 Page 1 of 1 To: Honorable Mayor and City Council Members From: Jeanette Marchiafava, City Clerk/Clerk of Court Date: December 18, 2008 for Submission onto the January 5, 2009 Regular City Council Meeting Agenda Item: A Resolution to Set Qualifying Fees for the 2009 Municipal Elections CMO (City Manager’s Office) Recommendation: Approve the Resolution to Set Qualifying Fees for the 2009 Municipal Elections Background: The City of Milton is committed to conducting City business in a manner that complies with all legal requirements, fosters citizen confidence in City government, and promotes efficient and effective government operations. Discussion: In compliance with House Bill 1470, the City of Milton will be holding elections for Council Seats from the Mayor, District 1, District 3, and District 5 in 2009. Georgia Election Code Section 21-2-131(a) (1) provides that qualifying fees shall be fixed not later than February 1st of any year in which a general election is to be held, and State law provides that such fees shall be three percent of the total gross salary of the office paid in the preceding year if a salaried office. The following qualifying fees shall apply to candidates seeking municipal office in the election to be held on November 3, 2009: Mayor $690 and City Councilmember $390.00. A copy of the Resolution shall be published in the newspaper of general circulation following its adoption. Alternatives: N/A Concurrent Review: Mort Smedley, Interim City Manager Paul Higbee, City Attorney’s Office STATE OF GEORGIA RESOLUTION NO. 09-________ FULTON COUNTY RESOLUTION OF THE CITY OF MILTON, GEORGIA TO SET QUALIFYING FEES FOR MUNICIPAL ELECTIONS The Council of the City of Milton hereby resolves while in regular session on the _____ day of January 2009 at 6:00 pm: WHEREAS, effective January 1, 1999, the Georgia Municipal and Georgia Election Codes were combined into one known as the Georgia Election Code; and WHEREAS, such Code provides at § 21-2-131(a)(1) that qualifying fees shall be fixed not later than February 1 of any year in which a general election is to be held; and WHEREAS, State law provides that such fees shall be three percent (3%) of the total gross salary of the office paid in the preceding year if a salaried office; and WHEREAS, in compliance with House Bill 1470, the City of Milton will be holding elections for the Mayor and Council Seats from District 1, District 3, and District 5 in 2009; and WHEREAS, the Internal Revenue Service has held that Councilmembers hold salaried positions: NOW, THEREFORE, the Mayor and Council of the City of Milton, Georgia, pursuant to their authority do hereby adopt a Resolution as follows: 1. The following qualifying fees shall apply to candidates seeking municipal office in the election to be held November 3, 2009: Mayor $690.00 City Councilmember $390.00 2. Let a copy of this Resolution be published in a newspaper of general circulation following its adoption. The above Resolution was read and approved by the Mayor and Council of the City of Milton on the _____ day of January, 2009. ______________________________ Attest: Joe Lockwood, Mayor Jeanette R. Marchiafava, City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. 09-01__ COUNTY OF FULTON A RESOLUTION CONTINUING A WIRED AND WIRELESS ENHANCED 911 CHARGE ON WIRED AND WIRELESS COMMUNICATIONS WITHIN THE CITY OF MILTON The Council of the City of Milton hereby resolves while in its regular meeting on the 21st day of July, 2008: WHEREAS, the City currently contracts through an intergovernmental agreement dated November 14, 2006 with Fulton County for the operation of an Emergency 911 System for Milton, and WHEREAS, the City on November 21, 2006 adopted a Resolution Continuing a Wired and Wireless Enhanced 911 Charge on Wired and Wireless Communications within the City of Milton, and WHEREAS, on or about October 1, 2008, the City will contract through an intergovernmental agreement with the City of Alpharetta for the operation of an Emergency 911 System for Milton, and WHEREAS, O.C.G.A. 46-5-134, authorizes local governments to impose a wired or wireless enhanced 911 charge upon each wireless telecommunications connection subscribed to by subscribers whose billing address is within the jurisdiction of the local government, and WHEREAS, such charges may be imposed at a rate of up to $1.50 per month per wired or wireless connection, and WHEREAS, such charges may be imposed by any local government which operates or contracts for the operation of an emergency 911 system which is capable of providing or provides automatic number identification and automatic location identification of wired and wireless telecommunications connections, and WHEREAS, the City of Alpharetta operates an emergency 911 system which is capable of providing automatic number identification and automatic location identification of wired and wireless telecommunication connections, and WHEREAS, a wired and wireless enhanced 911 charge is currently imposed upon each wired and wireless telecommunications connection subscribed to by lay subscribers whose billing address is within the corporate limits of the City of Milton, Georgia at the rate of $1.50 per month per wireless connections provided to each telephone subscriber, and WHEREAS, the City of Milton City Council desires to continue collection of such monthly 911 service charges upon implementation of the contemplated Intergovernmental Agreement with the City of Alpharetta. WHEREAS, that resolutions in conflict with this resolution are hereby repealed. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Milton, Georgia that the proceeds of the enhanced wired and wireless 911 charge shall be deposited based upon the terms of 2 the Intergovernmental Agreement with the City of Alpharetta for such services beginning on the effective date of such Intergovernmental Agreement. Approved: Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk