HomeMy WebLinkAbout02-17-10 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
Joe Longoria
Alan Tart
Wednesday, February 17, 2010 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Greg Foster, City of Milton Firefighter
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 10-1049)
5) PUBLIC COMMENT
6) CONSENT AGENDA
1. Approval of the January 20, 2010 Regular Council Meeting Minutes.
(Agenda Item No. 10-1050)
(Sudie Gordon, Interim City Clerk)
2. Approval of Financial Statements for the Period Ending January 2010.
(Agenda Item No. 10-1051)
(Stacey Inglis, Finance Director)
3. Approval of a Contract for Survey of Cogburn Road Bridge Replacement for $5,740.00.
(Agenda Item No. 10-1052)
(Carter Lucas, Public Works Director)
4. Approval of a Contract with Georgia Tax and Regulatory Solutions, LLC.
(Agenda Item No. 10-1053)
(Chris Lagerbloom, City Manager)
MILTON CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 17, 2010 – 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.
7) REPORTS AND PRESENTATIONS
1. Presentation by Milton Public Safety Fund.
(Jan Fowler, Milton Public Safety Fund)
2. Presentation of Tree City USA Certificate of Recognition.
(Lynn Tully, Community Development Director)
8) PUBLIC HEARINGS (None)
9) FIRST PRESENTATION (None)
10) ZONING AGENDA (None)
11) UNFINISHED BUSINESS
1. Approval of a Resolution to Attach a Section Called Supplemental Plans to the
Partial Plan Update of the City of Milton 2008-2028 Comprehensive Plan.
(Deferred on February 1, 2010)
(Agenda Item No. 10-1047)
(Presented by Lynn Tully, Community Development Director)
12) NEW BUSINESS
1. 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.
(Agenda Item No. 10-1054)
(Presented by Carter Lucas, Public Works Director)
2. A Resolution Amending Resolution No. 10-01-128, A Resolution Appointing
Members to the City of Milton Board of Ethics Committee.
(Agenda Item No. 10-1055)
(Presented by Sudie Gordon, Interim City Clerk)
13) STAFF REPORTS
1. Follow-up Discussion on Recommended Changes to the Traffic Calming
Ordinance.
(Agenda Item No. 10-1056)
(Presented by Carter Lucas, Public Works Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 17, 2010 – 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.
14) EXECUTIVE SESSION (If needed)
(Agenda Item No. 10-1057)
15) ADJOURNMENT
(Agenda Item No. 10-1058)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: February 17, 2010 City Council Meeting
Agenda Item: Financial Status Report for Period 4 – January 2010
OVERVIEW and FINANCIAL HIGHLIGHTS:
General Fund
Due to the late billing of property taxes, the City’s revenue collections are skewed in
comparison to what was anticipated. In fact, they are 268.8% higher than anticipated.
These excess funds will replenish the depleted FY 2009 fund balance.
Total expenditures to-date are $5,244,093 and are 10.4% less than expected for this
period of the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project-by-project basis. With a
total project expenditure budget of $6,334,903, capital expenditures-to-date total
$359,844.
FINANCIAL OPERATIONS:
Tree Replacement Fund: Balance: $12,800
Sidewalk Replacement Fund: Balance: $70,558
City of MiltonSTATEMENT OF REVENUES & EXPENDITURESGeneral FundFor the Period Ending January 2010Actual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Property Tax 9,177,549 1,023,141124,000 899,141 7,529,361 620,000 6,909,361Motor Vehicle Tax 500,000 39,097 41,667 (2,570) 119,169 125,000 (5,831)Intangible Tax 190,000 17,724 15,833 1,891 43,381 47,500 (4,119)Real Estate Transfer Tax 35,000 4,050 2,917 1,133 11,335 8,750 2,585Franchise Fees 1,700,000 14,889425,000 (410,111) 14,889 425,000 (410,111)Local Option Sales Tax 3,400,000 606,481 283,333 323,147 1,200,743 850,000 350,743Alcohol Beverage Excise Tax 254,000 26,875 21,167 5,708 72,494 63,500 8,994Business & Occupation Tax 575,000 55,406 0 55,406 61,638 0 61,638Insurance Premium Tax 850,000 0 0 0 0 0 0Financial Institution Tax 23,000 0 0 0 0 0 0Penalties & Interest 53,000 6,944 5,100 1,844 18,962 25,500 (6,538)Alcohol Beverage Licenses 122,000 4,500 115,900 (111,400) 122,300 122,000 300Other Non-Business Permits/Licenses 11,710 135 3,011 (2,876) 6,311 5,113 1,198Zoning & Land Disturbance Permits 32,500 0 2,708 (2,708) 6,617 10,833 (4,217)Building Permits 50,000 4,605 4,167 439 12,124 16,667 (4,543)Intergovernmental Revenue 0 40,348 0 40,348 40,348 0 40,348Other Charges for Service 326,160 22,271 22,555 (284) 70,166 99,553 (29,387)Municipal Court Fines 452,500 39,341 37,708 1,633 169,458 150,833 18,625Interest Earnings 20,000 1,247 1,667 (420) 3,049 6,667 (3,618)Contributions & Donations 0 0 0 0 0 0 0Other Revenue 37,802 0 0 0 2 0 2Other Financing Sources 7,000 0 0 0 0 0 0Total Revenue 17,817,221 1,907,053 1,106,733 800,320 9,502,347 2,576,917 6,925,430Current Month Year-to-DateAnnual BudgetRevenueActual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Mayor and Council 157,189 8,812 10,455 (1,643) 32,849 45,985 (13,135)Clerk of the Council 572,785 43,902 107,496 (63,595) 238,699 225,278 13,421City Manager 395,023 19,776 32,128 (12,352) 79,884 135,330 (55,446)Finance 1,029,285 33,035 93,463(60,427) 302,186 346,592 (44,406)Legal 200,000 15,511 16,667 (1,156) 40,092 33,333 6,759Information Technology 1,073,453 63,311 88,381 (25,070) 497,013 357,465 139,548Human Resources 334,251 12,95224,486 (11,534) 65,546 104,503 (38,957)Risk Management 195,252 1,133 1,250 (117) 1,133 5,000 (3,867)General Government Buildings 482,415 40,268 38,001 2,267 157,353 114,004 43,350Public Information & Marketing493,811 4,072 40,263 (36,190) 137,836 161,050 (23,214)Municipal Court 244,982 17,20419,010 (1,806) 73,562 84,471 (10,910)Police 2,583,623 217,824 201,877 15,947 686,317 885,557 (199,240)Fire 4,189,001 312,745 326,351 (13,606) 1,178,905 1,436,799 (257,893)EMS Operations 132,250 11,021 11,021 (0) 44,083 44,083 (0)Public Works 2,025,376 20,902168,776 (147,874) 569,081 675,076 (105,995)Parks & Recreation 140,339 15,856 10,697 5,160 28,058 46,526 (18,468)Community Development 1,379,700 26,043 110,792 (84,748) 394,953 443,167 (48,214)Debt Service - Capital Lease Payment 709,395 7,147 709,395 (702,248) 716,541 709,395 7,146Operating Transfers to Other Funds 1,316,236 0 0 0 0 0 0Operating Reserve 163,630 0 0 0 0 0 0Total expenditures 17,817,996 871,515 2,010,508 (1,138,992) 5,244,093 5,853,614 (609,522)Net Income/(Loss)1,035,537 4,258,254Operating Expenditures Annual BudgetCurrent Month Year-to-Date2/3/2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Contributions & Donations 5,000$ -$ 3,700$ (1,300)$
Interest Revenues - - - -
Holiday Card Sales - - - -
T-shirt Sales - - - -
Mayor's Run - 2,367 2,367 2,367
Total revenues 5,000$ 2,367$ 6,067$ 1,067$
EXPENDITURES
Current:
Special Events 45,000$ 2,002$ 20,714$ 24,286$
Total Expenditures 45,000$ 2,002$ 20,714$ 24,286$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 40,000$ 3,661$ 7,852$ (32,148)$
Total other financing sources and uses 40,000$ 3,661$ 7,852$ (32,148)$
Net change in fund balances -$ (6,796)$
City of Milton
Special Events Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended January 31, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations $ - $ - $ - $ -
Interest Revenues - - 22 22
Total revenues $ - $ - $ 22 $ 22
EXPENDITURES
Current:
Police $ - $ 2,644 $ 2,641 $ (2,641)
Total Expenditures $ - $ 2,644 $ 2,641 $ (2,641)
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund $ - $ - $ - $ -
Total other financing sources and uses $ - $ - $ - $ -
Net change in fund balances $ - $ (2,619)
City of Milton
Confiscated Assets Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended January 31, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 570,000$ 117,304$ 191,793$ (378,207)$
Total revenues 570,000$ 117,304$ 191,793$ (378,207)$
EXPENDITURES
Current:
Public Safety 554,000$ 144,550$ 317,590$ 236,410$
Total Expenditures 554,000$ 144,550$ 317,590$ 236,410$
OTHER FINANCING USES
Unallocated 16,000$ -$ -$ (16,000)$
Total other financing sources and uses 16,000$ -$ -$ (16,000)$
Net change in fund balances -$ (125,797)$
City of Milton
E-911 Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended January 31, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
SAFER Grant 85,934$ -$ -$ (85,934)$
Crabapple Festival Grant - - 1,016 1,016
Total revenues 85,934$ -$ 1,016$ (84,919)$
EXPENDITURES
Current:
Public Safety 118,530$ -$ -$ 118,530$
Community Development 20,000 - - (20,000)
Total Expenditures 138,530$ -$ -$ 98,530$
Excess of revenues over expenditures (52,596) - 1,016 53,612
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 52,596$ -$ -$ (52,596)$
Total other financing sources and uses 52,596$ -$ -$ (52,596)$
Net change in fund balances - 1,016
City of Milton
Operating Grant Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended January 31, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 47,000$ 6,404$ 10,594$ (36,406)$
Total revenues 47,000$ 6,404$ 10,594$ (36,406)$
OTHER FINANCING SOURCES (USES)
Transfers out to General Fund (7,000)$ -$ -$ 7,000$
Transfers out to Special Events Fund (40,000) 6,404 (10,594) 29,406
Total other financing sources and uses (47,000)$ 6,404$ (10,594)$ 36,406$
Net change in fund balances - -
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended January 31, 2010
Final
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 65,000$ 230$ 16,780$ (48,220)$
Landfill Host Fees 185,000 - - (185,000)
Tree Recompense 12,800 - - (12,800)
Interest Revenue 2,000 - - (2,000)
Sidewalk Replacement Account 70,558 - - (70,558)
Total revenues 335,358$ 230$ 16,780$ (318,578)$
EXPENDITURES
Capital Outlay
City Council 9,466$ -$ 22$ 9,444$
IT 35,000
Police 128,852 - 20,500 108,352
Fire 182,479 - - 182,479
Public Works 4,491,632 - 305,665 4,185,967
Parks & Recreation 1,198,514 - 12,300 1,186,214
Community Development 288,960 - 21,358 267,603
Total Capital Outlay 6,334,903$ -$ 359,844$ 5,975,059$
Excess of revenues over expenditures (5,999,545) 230 (343,064) (6,293,637)
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 1,068,400$ -$ -$ (1,068,400)$
LPd 20 500 20 500
City of Milton
Capital Project Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended January 31, 2010
Lease Proceeds - - 20,500 20,500
Budgeted Fund Balance 4,931,145 - - (4,931,145)
Total other financing sources and uses 5,999,545 - 20,500 (5,979,045)
Net change in fund balances - (322,564)
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
Transportation Master Plan 348,048$ 4,145$ 168,817$ (179,231)$
GDOT HPP Funds - - - -
Bathroom Renovation - - - -
Interest Revenues - - - -
Contributions & Donations - - -
Total revenues 348,048$ 4,145$ 168,817$ (179,231)$
EXPENDITURES
Capital Outlay
Public Works 1,828,578$ 53,732$ 58,913$ 1,769,665$
Total Capital Outlay 1,828,578$ 53,732$ 58,913$ 1,769,665$
Excess of revenues over expenditures (1,480,530) (49,586) 109,904 1,590,434
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 178,240$ -$ -$ (178,240)$
Budgeted Fund Balance 1,302,290 - - (1,302,290)$
Total other financing sources and uses 1,480,530$ -$ -$ (1,480,530)$
Net change in fund balances - 109,904
City of Milton
Capital Grant Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended January 31, 2010
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE, Director of Public Works
Date: February 1, 2010 for the February 17, 2010 Council meeting
Agenda Item: Contract for Survey for Cogburn Road Bridge Replacement for $5,740.
Background:
On January 19, 2010, the city received bids that were requested for a field survey to be used in
the Cogburn Road bridge replacement project. In accordance with procurement procedures, the
City requested bids from four surveying firms and received four quotes. Written quotes were
obtained in order to select the lowest responsible bidder and negotiate the contract.
Discussion:
Engineering & Inspection Systems, Inc. was the lowest responsible bidder with a lump sum fee
of $5,740 with bids ranging from $5,740 to $9,627. The Consultant is ready to begin work upon
City approval of contract and issuance of a Notice to Proceed.
The budget for this work will be from the Capital Projects Fund, Bridge Replacement Program.
Legal Review:
Engineering & Inspection Systems, Inc. Contract - Paul Higbee, Jarrard & Davis, 1/22/10
Attachments:
Engineering & Inspection Systems, Inc. Contract
1
CONTRACT AGREEMENT
This Agreement made and entered into this __ day of _____, in the year 2010; by and between The City
of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000
Deerfield Parkway Suite 107G, Milton GA 30004 and Engineering & Inspection Systems, Inc. (“Contractor”)
having its principle place of business at 625 Hembree Parkway Suite B Roswell, GA 30076.
WHEREAS, the City of Milton has caused an Invitation to Bid (ITB) to be issued soliciting proposals
from qualified contractors to furnish all items, labor services, materials and appurtenances called for by them in
accordance with this proposal. Selected Contractor is required to provide the services as called for in the Scope
of Services; and
WHEREAS, the Contractor submitted a proposal in response to the ITB for surveys of Cogburn Road
Bridge and defined areas around the site; and
WHEREAS, the Contractor’s proposal was deemed by the City of Milton to be the proposal most
advantageous to the City;
NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties
agree to compensation of $5,740.00 for services to be provided as follows:
1.0 Scope of Work
The Contractor agrees to provide all Services and comply with all requirements specified in the ITB, attached
hereto and incorporated herein by reference as Exhibit “A,” and provide those Services as may additionally be
specified in the Contractor’s proposal in accordance with the terms and conditions of this agreement. Said
specifications are hereby made a part of this agreement by reference. Generally, the Contractor shall provide a
survey for the Cogburn Road proposed bridge replacement. The fee due the Contractor for the services shall be
$5,740.00.
2.0 Independent Contractor
2.1. The Contractor is an independent Contractor. The Contractor is not an employee, agent or
representative of the City of Milton. The Contractor shall obtain and maintain, at the Contractor’s expense, all
permits, license or approvals that may be necessary for the performance of the services. The Contractor shall
furnish copies of all such permits, licenses or approvals to the City of Milton’s designated representative within
ten (10) days after issuance of Notice to Proceed.
2
2.2 Inasmuch as the City of Milton and the Contractor are entities independent of one another, neither has
the authority to bind the other to any third person or otherwise to act in any way as the representative of the
other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Contractor agrees not
to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to
do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose
stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the
Contractor enters into on behalf of the City of Milton without the express knowledge and prior written consent
of the City.
3.0 Indemnification
The Contractor agrees to indemnify, hold harmless and defend the City from and against any and all liabilities,
suits, actions, legal proceedings, claims, demands, damages, costs and expenses (including attorney’s fees)
rising out of any act or omission of the Contractor, its agents, subcontractors or employees in the performance
of this Contract.
4.0 Insurance
(1) Requirements:
The Contractor shall have and maintain in full force and effect for the duration of this
Agreement, insurance insuring against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Work by the
Contractor, its agents, representatives, employees or subcontractors. All policies shall be
subject to approval by the City Attorney to form and content. These requirements are
subject to amendment or waiver if so approved in writing by the City Manager.
(2) Minimum Limits of Insurance:
Contractor shall maintain limits no less than:
(a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for
bodily and personal injury, sickness, disease or death, injury to or destruction of property,
including loss of use resulting there from.
(b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000
combined single limit per occurrence for bodily and personal injury, sickness, disease or
death, injury to or destruction of property, including loss of use resulting there from.
(c) Professional Liability of $1,000,000 limit for claims arising out of professional services
caused by the Contractor's errors, omissions, or negligent acts.
(d) Workers' Compensation limits as required by the State of Georgia and employers
Liability limits of $1,000,000 per accident.
(3) Deductibles and Self-Insured Retentions:
3
Any deductibles or self-insured retentions must be declared to and approved by the City.
(4) Other Insurance Provisions:
The policy is to contain, or be endorsed to contain, the following provisions:
(a) General Liability and Automobile Liability Coverage.
(i) The City, its officials, employees, agents and volunteers are to be covered as
insured as respects: liability arising out of activities performed by or on behalf of
the Contractor; products and completed operations of the Contractor; premises
owned, leased, or used by the Contractor; automobiles owned, leased, hired, or
borrowed by the Contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officials, employees, agents or
volunteers.
(ii) The Contractor's insurance coverage shall be primary noncontributing insurance
as respects to any other insurance or self-insurance available to the City, its
officials, employees, agents or volunteers. Any insurance or self-insurance
maintained by the City, its officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officials, employees, agents or volunteers.
(iv) Coverage shall state that the Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable
in addition to policy limits. There shall be no cross liability exclusion.
(vi) The insurer agrees to waive all rights of subrogation against the City, its officials,
employees, agents and volunteers for losses arising from work performed by the
Contractor for the City.
(vii) All endorsements to policies shall be executed by an authorized representative of
the insurer.
(b) Workers' Compensation Coverage.
The insurer will agree to waive all rights of subrogation against the City, its officials, employees,
agents and volunteers for losses arising from work performed by the Contractor for the City.
(c) All Coverages.
(i) Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, reduced in coverage or in
4
limits except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
(ii) Policies shall have concurrent starting and ending dates.
(5) Acceptability of Insurers:
Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII.
(6) Verification of Coverage:
Contractor shall furnish the City with certificates of insurance and endorsements to the policies
evidencing coverage required by this clause prior to the start of work. The certificates of
insurance and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be
on a form utilized by Contractor's insurer in its normal course of business and shall be received
and approved by the City prior to execution of this Agreement by the City. The City reserves the
right to require complete, certified copies of all required insurance policies, at any time. The
Contractor shall provide proof that any expiring coverage has been renewed or replaced at least
two (2) weeks prior to the expiration of the coverage.
(7) Subcontractors:
Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors shall be
subject to all of the requirements stated in this Agreement, including but not limited to naming
the parties as additional insured.
(8) Claims-Made Policies:
Contractor shall extend any claims-made insurance policy for at least six (6) years after
termination or final payment under the Agreement, whichever is later.
(9) City as Additional Insured and Loss Payee:
The City shall be named as an additional insured and loss payee on all policies required by this
Agreement.
5.0 Termination
5.1 Any other provisions of this agreement notwithstanding, each party has the right to terminate this
Agreement if the other party breaches or is in default of any obligation hereunder which default or breach is
incapable of cure or which, being capable of cu re, has not been cured within thirty (30) days after receipt of
written notice of such default (or such additional cure period as the non -defaulting party may authorize). In
addition, the City may terminate this Agreement for convenience upon thirty (30) days prior written notice to
the Contractor.
5
5.2 The City of Milton may terminate the agreement immediately without prejudice to any other right of
action or remedy if the Contractor:
5.2.1 Becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of
bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any
proceeding under any bankruptcy or insolvency law, whether domestic or foreign, or has wound up o r
liquidated, voluntarily or otherwise. In the event that any of the above events occur, the Contractor shall
immediately notify the City of Milton of each occurrence.
5.2.2 After five (5) days written notice fails to:
a) Maintain the required insurance, or;
b) In any other manner to perform the requirements of the ITB.
6.0 Compliance with All Laws and Licenses
The Contractor must obtain all necessary licenses and comply with local, state and federal requirements. The
Contractor shall comply with all laws, rules and regulations of any governmental entity pertaining to its
performance under this Agreement.
7.0 Assignment
The Contractor shall not assign or subcontract the whole or any part of this Agreement without the City of
Milton’s prior written consent.
8.0 Amendments in Writing
No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized
representatives of the parties.
9.0 Drug-Free and Smoke-Free Work Place
9.1 A drug-free and smoke-free work place will be provided for the Contractor’s employees during the
performance of this Agreement; and
9.2 The Contractor will secure from any subcontractor hired to work in a drug-free and smoke-free work
place a written certification so stating and in accordance with Paragraph 7, subsection B of the Official Code of
Georgia Annotated Section 50-24-3.
9.3 The Contractor may be suspended, terminated, or debarred if it is determined that:
9.3.1 The Contractor has made false certification herein; or
9.3.2 The Contractor has violated such certification by failure to carry out the requirements of Official Code
of Georgia Annotated Section 50-24-3.
6
10.0 Governing Law
This Agreement shall be governed in all respects by the laws of the State of Georgia.
11.0 Policy on Hiring of Non-Resident Aliens
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 subcontractors 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 subcontractors’ verification process to determine that the verification was correct and complete.
The Contractor and Contractor’s subcontractors shall retain all documents and records of its verification process
for a period of three (3) years following completion of the contract. This requirement shall apply to all
contracts for the physical performance of services where more than three (3) persons are employed on the City
contract.
The City Manager or his/her designee shall further be authorized to conduct periodic inspections to
ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By
entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with
any such investigation by making its records and personnel available upon reasonable notice for inspection and
questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized
alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to
terminate that person’s employment immediately and to report same to the Department of Homeland Security.
The Contractor’s failure to terminate the employee, or otherwise cooperate with the investigation may be
sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays
occasioned by the City thereby.
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.
____ Fewer than 100 employees.
Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in
connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s’)
indication of the above employee-number category that is applicable to the subcontractor.
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.”
7
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.
12.0 Interpretation of Documents
In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions
most favorable to the City shall govern.
13.0 Entire Agreement
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter
contained herein; all prior agreements, representations, statements, negotiations, and undertakings are
suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained
herein.
[SIGNATURES ON THE FOLLOWING PAGE]
8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly
authorized officers as of the day and year set forth next to each signature.
Approved as to form:
_______________________________
City Attorney
CONTRACTOR:
___________________________________
James L. Courson, III, President
SIGNED, SEALED, AND DELIVERED
in the presence of: [AFFIX CORPORATE SEAL]
_____________________________
Attest: John E. Norton, Secretary
______________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
________________________
CITY OF MILTON
___________________________________
By: _____________________________
Its: _____________________________
[CITY SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
__________________
9
EXHIBIT “A”
ITB
10
11
12
13
14
Contractor’s Response
15
EXHIBIT “B”
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is 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. § 13-10-91 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 / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
Engineering & Inspection Systems, Inc.
_________________________________________
Title of Authorized Officer or Agent of Contractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 200_
________________________________________
Notary Public
My Commission Expires:
___________________
16
EXHIBIT “C”
STATE OF GEORGIA
CITY OF MILTON
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 / 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:
_________________________________________
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Christopher J. Lagerbloom, City Manager
Date: Submitted on February 9, 2010 for the February 17, 2010 Council Meeting
Agenda Item: Approval of a contract with Georgia Tax and Regulatory Solutions, LLC
City Manager’s Office Recommendation
Ratify the contract with Georgia Tax and Regulatory Solutions, LLC for the review of cell tower
permit applications.
Background
There have been several public discussions about whether or not the City should enter into an
independent contract for the purpose of reviewing three current cell tower permit applications. It
was the direction of the Mayor and Council to pursue that contract.
Discussion
Presented before you is a contract with Georgia Tax and Regulatory Solutions, LLC for the
review of cell tower permit applications. Information about the timing and deliverables is
contemplated in the contract. The City Attorney has reviewed and approved the contract and
based on Mayor and Council direction in previous public meetings has authorized Mayor
Lockwood to execute the document. It comes before the Council at this meeting for ratification.
Funding and Fiscal Impact
The contract is based on a flat fee of $12,000.
Alternatives:
There are no other alternatives.
Concurrent Review:
Ken Jarrard, City Attorney – approved to content and form on February 8, 2010
GTRS
Georgia Tax & Regulatory Solutions, LLC
3500 Lenox Road, N.E., Suite 760
Atlanta, GA 30326
404-965-3682
February 3, 2010
Via E-Mail and U.S. Mail Delivery
Ken Jarrard, Esq.
City of Milton
105 Pilgrim Village Drive
Suite 200
Cumming, GA 30040
Re: Review of Cell Tower Permit Applications by Georgia Tax & Regulatory
Solutions, LLC (“GTRS”)
Dear Ken:
Pursuant to our recent conversations, it is our understanding that the City of Milton,
Georgia, desires GTRS to review three (3) pending cell tower applications. For a flat fee of
$12,000, GTRS will provide the initial review of the three (3) applications and provide the City
with a written report addressing the following: whether there is a demonstrated need for the
tower; whether alternative suitable sites exist within the search ring; whether the proposed site is
suitable for the erection of a cell tower; whether the height of the tower is appropriate; whether
the applications comply with appropriate zoning ordinance requirements; whether conditions
should be placed on the approval of any of the cell tower applications in order to protect the
surrounding neighborhoods; and, any other issues the City feels need to be addressed.
The initial review will include a written report on each application; one (1) oral
presentation by GTRS at the City Council hearing for each application; and assistance in
negotiating with the applicant through attendance and participation in meetings and/or via
teleconference call for a maximum of three (3) hours. After this initial review, if the City
requires additional services regarding the three (3) pending applications, GTRS shall bill for each
hour of time devoted to the performance of such services as shown on the attached 2009 Fee
Schedule.
If this arrangement is acceptable to you, we would appreciate your acknowledging the
same in the space provided below and returning this original letter to our office, along with
your check made payable to Georgia Tax & Regulatory Solutions, LLC in the amount of
$12,000.00 in the self-addressed, stamped envelope provided.
We look forward to working with you and the City of Milton with regard to the review
GTRS
Ken Jarrard, Esq.
Attorney for the City of Milton
February 3, 2010
Page Two
of these applications. If you have questions with regard to this letter of engagement, or if I
have misstated the terms of the engagement, please do not hesitate to contact me at 404-965-
3682.
Very truly yours,
GEORGIA TAX & REGULATORY
SOLUTIONS, LLC
By: David R. Gilley
Accepted this ___________ day of ___________________, 2010
THE CITY OF MILTON, GEORGIA
By:__________________________________
Its: __________________________________
143166v1
2010 Fee Schedule
STAFF CATEGORY HOURLY BILLING
RATES
Legal / Partner $400
Legal / Associate $250
Principal $220
Senior Project Manager $165
Senior Engineer Specialist $170
Project Manager $135
Senior Project Engineer $105
Project Engineer $80
Senior GIS Technician $100
GIS Technician $80
Registered Land Surveyor $170
Survey Supervisor $110
Survey Crew $155
Clerical $60
Expenses Actual
City of Milton
13000 Deerfield Parkway Suite 107C Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Lynn Tully, Community Development Director
Date: February 5, 2010 for Submission onto the February 17, 2010 City Council
Meeting
Agenda Item:
A Resolution to attach a section called Supplemental Plans to the Partial Plan
Update of the City of Milton 2008-2028 Comprehensive Plan
COM (City Manager’s Office) Recommendation:
To approve the attached resolution seeking approval to attach a section called Supplemental
Plan to the Partial Plan Update of the City of Milton Comprehensive Plan.
Background:
The preparation of the City’s first Comprehensive Plan was initiated in 2007. Utilizing the new
Georgia Standards and Procedures for Local Comprehensive Planning, both the Community
Participation Program (CPP) and the Community Assessment portions of the Plan are
completed.
The state planning regulation requires three basic sections of the Comprehensive Plan:
1. Community Assessment;
2. Community Participation Plan; and
3. Community Agenda
There is also the opportunity to prepare a Partial Plan Update which serves as a bridge between
the documents that were created under the previous state planning regulations and those to be
prepared under the current regulations. The Partial Plan Update is a combination of the
Community Assessment and several sections of the Community Agenda.
In a letter dated May 28, 2008, ARC and DCA agreed that the Community Assessment and the
Community Participation Program were developed in accordance with the state regulations and
authorized the City of Milton to proceed with the final phase of the plan which is the Community
Agenda.
While proceeding with the development of the Community Agenda, it was discovered that the
deadline for submittal of the plan was November 30, 2008 instead of November 30, 2011.
To address the issue of the approaching deadline, DCA and ARC directed the City to complete a
Partial Plan Update. It was also felt by DCA and ARC that a Partial Update was in the best
interest of better regional coordination and inter-jurisdictional cooperation. Also, the Focus
Fulton 2025 Plan was developed under the old planning regulations. Therefore, the Partial
City of Milton
13000 Deerfield Parkway Suite 107C Milton, GA 30004
Update serves as a “bridge” between the adopted Focus Fulton 2025 Plan and the new plan
underway.
On December 31, 2008, the City of Milton submitted The Partial Plan Update. In a letter dated
February 12, 2009, the Partial Plan was determined to be in compliance with the state
regulations. On December 21, 2009, the City of Milton adopted The Partial Plan Update to
replace the Focus Fulton 2025 Plan.
While the Partial Plan Update replaces the Focus Fulton 2025 Plan it does not ignore the
supplemental plans that were adopted in 2006, but there is no comprehensive list of the
supplemental plans in the Partial Plan Update.
Note:
C0mprehensive Planning documents, that is, the Focus Fulton 2025 Plan, the Partial Plan
Update and the future Community Agenda document do not encompass zoning ordinances. All
zoning maps, zoning ordinances, and zoning overlays, etcetera, are codified in the City’s Zoning
Ordinance. All zoning and associated overlays such as the Birmingham Overlay, Crabapple
Overlay, the Hwy 9 Overlay, the Northwest Fulton Overlay and associated Design Guidelines
remain intact and within the City’s Zoning Ordinance.
Discussion:
The list of supplemental plans is an explicit list of the plans that incorporate by reference the
following documents that focus on special areas, situations or issues of importance to the
community.
• Crabapple Crossroads Plan, approved June 4, 2003
• Birmingham Crossroads Plan and Development Standards, approved March 3, 2004
• Maintaining Rural Character in Northwest Fulton County, Georgia plus appendices (also
known as The Rural Preservation Ordinance), approved December 5, 2001
• Milton Trails Plan, approved July, 2007
• 2009 Milton Transportation Plan, approved December 21, 2009
The Partial Plan Update is an interim plan and will serve as the City’s Comprehensive Plan until
the Community Agenda is completed, accepted and adopted.
CPAC and Staff continue to work with the community-based involvement process toward the
completion of the Community Agenda, the final phase for the City of Milton Comprehensive
Plan initiative. In addition, the CPAC has reviewed the comments outlined in the compliance
letter regarding the Partial Plan Update and will incorporate them in the Community Agenda.
Concurrent Review:
Chris Lagerbloom, City Manager
CPAC
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
RESOLUTION TO ATTACH A LIST OF SUPPLEMENTAL PLANS TO THE
PARTIAL PLAN UPDATE OF THE CITY OF MILTON 2008-2028
COMPREHENSIVE PLAN
BE IT RESOLVED by the City Council and the Mayor of the City of Milton, GA while
in a Regular Meeting on February17, 2010 at 6:00 p.m. as follows:
WHEREAS, the City, established in 2006, initially operated under the Fulton County
Focus Fulton 2025 Comprehensive Plan, originally adopted by the Fulton County Board
of Commissioners in November 2005 and adopted by the City of Milton on November 1,
2006; and
WHEREAS, the preparation of the City’s first Comprehensive Plan was initiated in
2007. Utilizing the new Standards and Procedures for Local Comprehensive Planning
adopted by the Department of Community Affairs in 2005 as the underlying foundation
for the task of developing the first Comprehensive Plan; and
WHEREAS, a 16-person Comprehensive Plan Advisory Committee (CPAC) was
appointed by Mayor and City Council to facilitate the development of the City
Comprehensive Plan; and
WHEREAS, because of the approaching plan deadline and in the interest of moving
Milton towards greater local control and self-determination as quickly and as
thoughtfully as possible, the City completed a Partial Plan Update; and
WHEREAS, on December 15, 2008, the Mayor and City Council approved the
transmittal of the Partial Plan Update to the Georgia Department of Community Affairs
and the Atlanta Regional Commission for review and consideration; and
WHEREAS, on February 12, 2009, the Georgia Department of Community Affairs and
the Atlanta Regional Commission determined that the Partial Plan Update met the Local
Planning compliance requirements; and
WHEREAS, on December 21, 2009, the City of Milton officially adopted the Partial
Plan Update; and
WHEREAS, the adoption of the Partial Plan Update does replace the Focus Fulton 2025
Comprehensive Plan, and that adoption does not ignore the supplemental plans and
separate documents that were adopted by the City of Milton in 2006 with the Focus
Fulton 2025 Comprehensive Plan; however there is no explicit list of these supplemental
plans in the Partial Plan Update, and
WHEREAS, a section called Supplemental Plans will be attached to the Partial Plan
Update;
NOW THEREFORE BE IT RESOLVED, that the City Council and the Mayor of the
City of Milton does hereby approve the attachment of;
Supplemental Plans as part of the Partial Plan Update.
This section incorporates by reference the following documents that focus on special
areas, situations or issues of importance to the community.
1. Crabapple Crossroads Plan, approved June 4, 2003
2. Birmingham Crossroads Plan and Development Standards, approved March 3,
2004
3. Maintaining Rural Character in Northwest Fulton County, Georgia plus
appendices (also known as The Rural Preservation Ordinance), approved
December 5, 2001
4. Milton Trails Plan, approved July, 2007
5. Milton Transportation Plan, approved December 21, 2009
RESOLVED this ______ day of February 2010.
Approved:
____________________________________
Joe Lockwood, Mayor
Attest:
__________________________
Sudie Gordon
Interim City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE, Director of Public Works
Date: February 1, 2010 for the February 17, 2010 Council meeting
Agenda Item: 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
Background:
On December 15, 2008, the City approved a resolution to create a Citizen Advisory Committee
(CAC) for the concept plans for the intersections of Birmingham at Providence and Arnold Mill
at New Providence. At the time of the resolution, it was expected that GDOT would be
approving the funding agreements for these projects and issuing a Notice to Proceed to the City
within a few weeks. There was a timeframe established as a part of the resolution stating that
the term for the committee shall commence January 5, 2009 and shall include up to four CAC
meetings before ending December 31, 2009. However, since the Notice to Proceed was not
issued by GDOT until October 2009 the original CAC term limits expired prior to initiation of
the project.
Discussion:
This amendment to the original resolution that created the CAC re-establishes the committee
term limit for each appointee that is consistent with the term of the elected official who
appointed them or the requirements of the project, whichever come first.
Attachments:
Resolution amending Resolution No. 08-12-63
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. _______
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 a council meeting on
February 17, 2010 at 6 p.m. as follows:
SECTION 1. The Citizen Advisory Committee (CAC) members shall serve terms consistent
with the term of the elected official who appointed them to the committee or until their
obligation under Resolution 08-12-63 is complete, whichever comes first.
SECTION 2. That this Resolution shall become effective upon its adoption.
SECTION 3. That any resolution in conflict with this resolution is hereby repealed.
RESOLVED this the 17th day of February, 2010.
_________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, Interim City Clerk
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 10-01-128, A RESOLUTION
APPOINTING MEMBERS TO THE CITY OF MILTON BOARD OF ETHICS
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session
on February 17, 2010 at 6:00 pm. as follows:
SECTION 1 That Lisa Cauley (At Large) is hereby appointed for a term
commencing February 17, 2010 and ending on December 31, 2014; and,
SECTION 2. That __________ (District 2) is hereby appointed for a term
commencing February 17, 2010 and ending on December 31, 2014;
SECTION 3. That __________ (District 4) is hereby appointed for a term
commencing February 17, 2010 and ending on December 31, 2014;
SECTION 4. Board members shall serve terms consistent with the term of the
elected official who nominated them to the board. A member shall hold office until a
successor is appointed by the Mayor and City Council.
SECTION 5. That this Resolution shall become effective upon its adoption.
RESOLVED this 17th day of February, 2010.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, Interim City Clerk
(Seal)