The URL can be used to link to this page

Home My WebLink About07-19-10 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 Monday, July 19, 2010 Regular Council Meeting Agenda 6:00 PM INVOCATION – Patrick Abent, Inner Quest Church CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 10-1176) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the June 21, 2010 Regular Council Meeting Minutes. (Agenda Item No. 10-1177) (Sudie Gordon, Interim City Clerk) 2. Approval of Financial Statements for Period Ending June, 2010. (Agenda Item No. 10-1178) (Stacey Inglis, Finance Director) 3. Approval of an Agreement between the City of Milton and NRCS for a Culvert Repair. (Agenda Item No. 10-1179) (Carter Lucas, Public Works Director) 4. Approval of an Intergovernmental Agreement between the City of Milton and MARTA for the Use of Offset Funds for Pedestrian Improvements at Intersections along Webb Road and Deerfield Parkway. (Agenda Item No. 10-1180) (Carter Lucas, Public Works Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA JULY 19, 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. 5. Approval of an Intergovernmental Agreement between the City of Milton and MARTA for the Use of Offset Funds for the Installation of Street Lighting Along Deerfield Parkway from Webb Road to State Route 9. (Agenda Item No. 10-1181) (Carter Lucas, Public Works Director) 6. Approval of an Intergovernmental Agreement between the City of Milton and MARTA for the Use of Offset Funds for the Milling and Resurfacing of Webb Road from Morris Road to Deerfield Parkway. (Agenda Item No. 10-1182) (Carter Lucas, Public Works Director) 7. Approval of an Agreement between the City of Milton and Birmingham United Methodist Church and Special Events Network for “B At The Movies” on September 11, 2010. (Agenda Item No. 10-1183) (Cyndee Bonacci, Parks and Recreation Director) 8. Approval of a Fee Schedule for the 2010 Milton Roundup for Use by the City of Milton Parks and Recreation Department. (Agenda Item No. 10-1184) (Cyndee Bonacci, Parks and Recreation Director) 6) REPORTS AND PRESENTATIONS 1. A Proclamation Recognizing MDA Firefighter Appreciation Month. (Presented by Mayor Joe Lockwood) 2. A Proclamation Recognizing the Americans With Disabilities Act. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARINGS ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Approval of the Issuance of an Alcohol Beverage License to Piacere Restaurant Group LLC d/b/a Mambo Jambo Café at 5310 Windward Parkway, Suite E, Milton, Georgia. The applicant is Jorge Quesada for consumption on the premises of wine/malt beverages and distilled spirits. (Agenda Item No. 10-1185) (Stacey Inglis, Finance Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA JULY 19, 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. 2. Approval of the Issuance of an Alcohol Beverage License to Bobby G’s LLC d/b/a Bobby G’s Chicago Eatery at 12990 Highway 9, Suite 102, Milton, Georgia. The applicant is Carol L. Gray for consumption on the premises of wine and malt beverages. (Agenda Item No. 10-1186) (Stacey Inglis, Finance Director) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Approval of a Memorandum of Agreement between the City of Milton and GA DNR Continuing Our Commitment to the Flood Map Modernization Program. (Agenda Item No. 10-1187) (Lynn Tully, Community Development Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION 1. The purpose for the Executive Session is to discuss Land Acquisition. (Agenda Item No. 10-1188) 15) ADJOURNMENT (Agenda Item No. 10-1189) 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: July 19, 2010 City Council Meeting Agenda Item: Financial Status Report for Period 9 – June 2010 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund totaling $13,907,207 are approximately 4.1% higher than anticipated for the ninth period of the fiscal year. Total expenditures to-date are $10,402,216 and are 7.9% less than expected. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $8,016,334, capital expenditures-to-date total $1,476,225. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $12,800 Sidewalk Replacement Fund: Balance: $70,558 City of MiltonSTATEMENT OF REVENUES & EXPENDITURESGeneral FundFor the Period Ending June 2010Actual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Property Tax 15,480,295 66,576 0 66,576 8,232,004 8,115,295 116,709Motor Vehicle Tax 450,000 36,079 37,500 (1,421) 308,336 300,000 8,336Intangible Tax 190,000 11,982 15,833 (3,851) 104,877 126,667 (21,790)Real Estate Transfer Tax 35,000 3,132 2,917 216 26,418 23,333 3,084Franchise Fees 1,700,000 61,177 0 61,177 972,470 850,000 122,470Local Option Sales Tax 3,400,000 318,542 283,333 35,208 2,493,263 2,266,667 226,597Alcohol Beverage Excise Tax 277,000 27,958 23,083 4,874 186,504 184,667 1,838Business & Occupation Tax 575,000 6,044 0 6,044 547,843 575,000 (27,157)Insurance Premium Tax 850,000 0 0 0 0 0 0Financial Institution Tax 26,158 0 0 0 26,158 26,158 0Penalties & Interest 88,646 7,261 0 7,261 133,530 88,646 44,884Alcohol Beverage Licenses 128,700 4,500 0 4,500 155,700 128,700 27,000Other Non-Business Permits/Licenses 13,370 1,922 593 1,328 14,962 11,590 3,372Zoning & Land Disturbance Permits 34,500 936 2,875 (1,939) 11,925 25,875 (13,950)Building Permits 63,699 7,084 5,308 1,775 50,454 47,774 2,680Intergovernmental Revenue 0 0 0 0 0 0 0Other Charges for Service 299,360 19,827 21,112 (1,285) 215,904 238,120 (22,216)Municipal Court Fines 452,500 37,244 37,708 (464) 393,878 339,375 54,503Interest Earnings 20,000 2,005 1,667 338 23,789 15,000 8,789Contributions & Donations 2,370 0 198 (198) 2,370 1,778 593Other Revenue 38,437 0 0 0 6,821 476 6,345Other Financing Sources 7,000 0 0 0 0 0 0Total Revenue 24,132,035 612,269 432,127 180,141 13,907,207 13,365,120 542,086Current Month Year-to-DateAnnual BudgetRevenueCurrent Month Year-to-DateActual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Mayor and Council 167,614 12,327 12,957 (630) 102,071 113,525 (11,454)Clerk of the Council 378,757 15,928 17,905 (1,977) 281,125 319,350 (38,225)City Manager 307,514 17,821 23,270 (5,449) 188,794 226,216 (37,423)General Administration 518,215 40,444 43,185 (2,741) 393,734 388,661 5,073Finance 770,361 36,583 61,757 (25,174) 566,686 628,754 (62,068)Legal 240,000 23,397 20,000 3,397 152,771 140,000 12,771Information Technology 749,568 28,013 44,153 (16,140) 682,651 669,337 13,314Human Resources 231,545 13,966 15,978 (2,012) 149,918 177,998 (28,080)Risk Management 175,621 22,898 14,635 8,263 136,437 131,716 4,721General Government Buildings 0 0 0 0 0 0 0Public Information & Marketing 220,192 5,193 6,777 (1,584) 190,806 197,819 (7,013)Municipal Court 274,801 15,928 21,162 (5,233) 178,644 201,786 (23,142)Police 2,467,242 166,756 192,028 (25,273) 1,722,263 1,817,506 (95,243)Fire 4,084,003 279,950 316,893 (36,943) 2,805,097 3,006,180 (201,083)EMS Operations 132,250 11,021 11,021 (0) 99,187 99,188 (0)Public Works 1,994,230 102,738 164,233 (61,495) 1,252,116 1,591,568 (339,451)Parks & Recreation 142,435 8,809 11,191 (2,382) 90,179 105,791 (15,612)Community Development 901,269 52,905 41,431 11,474 686,659 759,932 (73,274)Debt Service - Capital Lease Payment 716,541 0 716,541 (716,541) 716,541 716,541 0Operating Transfers to Other Funds 2,466,757 0 0 0 6,536 6,536 0Operating Reserve 7,194,120 0 0 0 0 0 0Total expenditures 24,133,035 854,677 1,735,116 (880,438) 10,402,216 11,298,405 (896,189)Net Income/(Loss)(242,409) 3,504,991Operating Expenditures Annual BudgetCurrent MonthYear to Date7/7/2010 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Contributions & Donations 5,000$ 5,000$ -$ 3,800$ (1,200)$ Interest Revenues - - - - - Holiday Card Sales - - - - - T-shirt Sales - - - - - Mayor's Run - - 2,367 2,367 Total revenues 5,000$ 5,000$ -$ 6,167$ 1,167$ EXPENDITURES Current: Special Events 45,000$ 45,000$ 3,249$ 35,651$ 9,349$ Total Expenditures 45,000$ 45,000$ 3,249$ 35,651$ 9,349$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 40,000$ 4,094$ 28,922$ (11,078)$ Total other financing sources and uses 40,000$ 40,000$ 4,094$ 28,922$ (11,078)$ Net change in fund balances -$ -$ (563)$ Fund balances - beginning 20,253 Fund balances - ending -$ -$ 19,690$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2010 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations $ - $ - $ - $ - $ - Interest Revenues - 85 7 64 (21) Budgeted Fund Balance - 43,810 (43,810) Total revenues $ - $ 43,895 $ 7 $ 64 $ (43,831) EXPENDITURES Current: Police $ - $ 43,895 $ - $ 4,487 $ 39,408 Total Expenditures $ - $ 43,895 $ - $ 4,487 $ 39,408 OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ - $ - $ - $ - $ - Total other financing sources and uses $ - $ - $ - $ - $ - Net change in fund balances $ - $ - $ (4,423) Fund balances - beginning - - 43,810 Fund balances - ending $ - $ - $ 39,387 City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2010 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 570,000$ 570,000$ 40,948$ 485,270$ (84,730)$ Total revenues 570,000$ 570,000$ 40,948$ 485,270$ (84,730)$ EXPENDITURES Current: Public Safety 554,000$ 554,000$ 1,740$ 469,109$ 84,891$ Total Expenditures 554,000$ 554,000$ 1,740$ 469,109$ 84,891$ OTHER FINANCING USES Unallocated 16,000$ 16,000$ -$ -$ (16,000)$ Total other financing sources and uses 16,000$ 16,000$ -$ -$ (16,000)$ Net change in fund balances -$ -$ 16,160$ Fund balances - beginning - - 175,972 Fund balances - ending -$ -$ 192,132$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2010 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 85,934$ 85,934$ -$ 49,486$ (36,448)$ GEMA Grant - 40,348 - 40,348 (0) Crabapple Festival Grant - 1,016 - 1,016 (1) Total revenues 85,934$ 127,298$ -$ 90,849$ (36,449)$ EXPENDITURES Current: General Administration -$ 1,016$ -$ -$ 1,016 Public Safety 118,530 118,530 - 32,682 85,848 Public Works - 40,348 - - 40,348 Community Development 20,000 - - - - Total Expenditures 138,530$ 159,894$ -$ 32,682$ 127,212$ Excess of revenues over expenditures (52,596) (32,596) - 58,167 90,763 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 52,596$ 32,596$ -$ 6,536$ (26,060)$ Total other financing sources and uses 52,596$ 32,596$ -$ 6,536$ (26,060)$ Net change in fund balances - - 64,704 Fund balances - beginning 3,164 Fdbl di $$67 868$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2010 Fund balances - ending -$ -$ 67,868$ Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 47,000$ 47,000$ 4,094$ 28,922$ (18,078)$ Total revenues 47,000$ 47,000$ 4,094$ 28,922$ (18,078)$ OTHER FINANCING SOURCES (USES) Transfers out to General Fund (7,000)$ (7,000)$ -$ -$ 7,000$ Transfers out to Special Events Fund (40,000) (40,000) (4,094) (28,922) 11,078 Total other financing sources and uses (47,000)$ (47,000)$ (4,094)$ (28,922)$ 18,078$ Net change in fund balances - - - Fund balances - beginning - - - Fund balances - ending -$ -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2010 Original Budgeted Amounts 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$ 65,000$ 1,077$ 34,465$ (30,535)$ Landfill Host Fees 185,000 185,000 - 97,405 (87,595) Tree Recompense 12,800 12,800 - - (12,800) HYA Fees - 57,650 8,142 13,142 (44,508) Interest Revenue 2,000 2,000 - - (2,000) Sidewalk Replacement Account 70,558 70,558 - - (70,558) Total revenues 335,358 393,008$ 9,219$ 145,011$ (247,997)$ EXPENDITURES Capital Outlay City Council 2,231$ 2,231$ -$ 2,231$ 0$ General Admin - 27,300 - 12,300 15,000 Finance - 181,000 - 18,361 162,639 IT 35,000 31,325 - 31,325 - Police 148,577 529,798 - 101,328 428,470 Fire 182,479 522,129 - 29,580 492,549 Public Works 4,381,952 4,381,952 4,350 1,134,030 3,247,922 Parks & Recreation 1,198,514 1,856,164 - 10,710 1,845,454 Community Development 282,320 484,435 18,553 136,360 348,075 Total Capital Outlay 6,231,073$ 8,016,334$ 22,903$ 1,476,225$ 6,540,109$ Excess of revenues over expenditures (5,895,715) (7,623,326) (13,684) (1,331,213) (6,788,106) OTHER FINANCING SOURCES (USES) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2010 Transfers in from General Fund 1,085,400$ 2,376,511$ -$ -$ (2,376,511)$ Lease Proceeds - 446,500 - 20,500 (426,000) Budgeted Fund Balance 4,810,315 4,800,315 - - (4,800,315) Total other financing sources and uses 5,895,715 7,623,326 - 20,500 (7,602,826) Net change in fund balances - - (1,310,713) Fund balances - beginning 4,900,109 Fund balances - ending -$ -$ 3,589,396$ Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Transportation Master Plan 348,048$ 121,741$ -$ 121,741$ (0)$ GDOT HPP Funds - 1,265,184 - 40,789 (1,224,395) Bathroom Renovation - - - - - Interest Revenues - - - - - Contributions & Donations - - - - - Total revenues 348,048$ 1,386,925$ -$ 162,530$ (1,224,395)$ EXPENDITURES Capital Outlay Public Works 1,828,578$ 1,629,013$ 20,483$ 180,006$ 1,449,007$ Total Capital Outlay 1,828,578$ 1,629,013$ 20,483$ 180,006$ 1,449,007$ Excess of revenues over expenditures (1,480,530) (242,088) (20,483) (17,476) 224,612 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 178,240$ -$ -$ -$ -$ Budgeted Fund Balance 1,302,290 242,088 - - (242,088)$ Total other financing sources and uses 1,480,530$ 242,088$ -$ -$ (242,088)$ Net change in fund balances - - (17,476) Fund balances - beginning 804,804 Fdbl di $$787 328$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2010 Fund balances - ending -$ -$ 787,328$ n (" City of Milton 13000 Deerfield Parkway Suite 1010 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Public Works Director Date: July b, 2010 for the July 19, 2010 Council meeting Agenda Item: Acceptance of an agreement with NRCS for the repair of damage storm drainage in an arnount not to exceed $4,008. Background: During the storms in September 2009 the culvert under mountain Road sustained damage to the embankment above the outlet end of the pipe. At that time the city requested assistance from the Natural Resource Conservation Service (NRCS) under the Emergency Watershed Protection Program for financial assistance to repair the damage. Under this program the city was awarded a reimbursement of up to $4,008 for repairs to the embankment. Discussion: Included herein is an agreement with NRCS for the repair to the embankment above the outlet end of the culvert under Mountain Road. Repairs include reconstruction of the embankment and guardrail and the addition of outlet protection measures to reduce the likelihood of a reoccurrence of this type of damage. Under this agreement no work can begin until the agreement is fully executed by all parties. The city is responsible for the procurement and payment of all of services with a reimbursement from NRCS and GEMA. The city is eligible for reimbursement of 75% of eligible costs, up to $4,008, from NRCS and 10% from GEMA, up to $534. The budget for this work will come from Capital Project Fund, Public Works - Repair Major Storm Structures. This repair will not cause us to overspend this budget account. Lega I Review: Paul Higbee, Jarrard & Davis on 5/21/2010 Attachments: 1. NRCS Agreement STATE: Georgia AGREEMENT NO.: 65-4310-10-425 PROJECT AGREEMENT BETWEEN CITY OF MILTON, GEORGIA AND NATURAL RESOURCES CONSERVATION SERVICE UNITED STATES DEPARTMENT OF AGRICULTURE THIS AGREEMENT, made and entered into this day of , 2010 by and between the City of Milton, Georgia (hereinafter called "City"), and the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture (hereinafter called the "MRCS°). AUTHORITY, under the provisions of Section 216 of Public Law 81-516, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed, and CDFA 10.923 Emergency Watershed Protection Program. PURPOSE: NRCS and the Sponsor agree to install emergency watershed protection measures to relieve hazards and damages created by the September 2009 floods. NOW THEREFORE, for and in consideration of the promises and mutual covenants herein contained, the parties hereto do agree with each other as follows: A. It is agreed that the following -described work is to be performed at an estimated total cost of $5,344. Description of Work DSR No MI -01 Headwall Protection Estimated Cost $5,344 Fund Code 15F I. THE CITY AGREES: 1) Submit requests for payment using the Form SF -270 "Request for Advances or Reimbursement" and mail to the USDA-NRCS State Office at 355 East Hancock Avenue, Attn: Jimmy Bramblett, Mail Stop 200, Athens, Georgia 30601. Submit a SF -425, "Federal Financial Report" each March 31, June 30, September 30 and December 31 to report Annual outlays and un -obligated balances (7 CFR 3015). Refer to Attachment C, Budget, for reference. Total amount of disbursement from NRCS will not exceed $4,408. STATE: Georgia AGREEMENT NO.: 65-4310-10-425 2) Advances can be requested for immediate and expected disbursements up to a maximum of 30 days (Treasury Circular 1075). Be sure that advance payments are consistent with the provisions for payment in the grant or cooperative agreement. Interest earned on advance funds for grants or cooperative agreements must be added to the costs share. Keep the timing and amount of cash advances as close as is administratively feasible to the actual disbursements by the City's organization for direct program costs and proportionate share of any allowable indirect costs. 3) Comply with Attachment A, "Special Provisions"; Attachment B, "Statement of Work"; and Attachment C, 'Budget". Attachment D, "Performance Certification", identifies documentation and reporting requirements for tracking progress and performance results. Fallow the provisions of 7 CFR 3015.82 regarding submission of the SF -425, Federal Financial Report. 4) Comply with all requirements of Attachment A to this agreement and work within the time frames and budget in Attachments B and C. Follow the provisions of 7 CFR 3015.82 regarding submission of the 5F-425, Federal Financial Report and complete the following data elements on the form: ■ Federal cash Federal expenditures ■ Recipient share Program income 5) Provide at least 15 percent of the cost of constructing the emergency watershed protection measures described in Section A. This cost to the sponsor is estimated to be $802. 6) Contract for, or conduct, construction of the emergency watershed protection measures described in Section A in accordance with standard engineering principles and practices, and in accordance with applicable state and federal requirements. The sponsor will follow the Davis Bacon Wages Act as required. Designs should be completed in accordance with NRCS National Engineering Manual Section 210-501.24, The NRCS National Agronomy Manual and the NRCS Field Office Technical Guide. Designs will be completed by a professional engineer and will be submitted to NRCS for review and concurrence prior to work commencing. Provide for all necessary construction, administration, and inspection services during administration of the construction contract. Design professional will be responsible for certifying construction 7) Accept all financial and other responsibility to obtain adequate land and water rights, permits, and licenses needed for the emergency watershed protection measures described in Section A. STATE: Georgia AGREEMENT NO.: 65-4310-10-425 8) Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the contract(s) awarded under this agreement. This includes, but is not limited to, disputes, claims, protests of award, source evaluation, and litigation that may result from the project. Such actions will be at the expense of the sponsor including legal expenses. 9) Any equitable adjustment made which is attributed to a differing site condition caused by the Sponsor or the landowner after the site showing is held will be charged 100% to the Sponsor. 10) Provide the following as a liaison: City of Milton, Georgia Carter Lucas, Director of Public Works Matt Marietta, Assistant to the City Manager 13000 Deerfield Pkwy., 107F Milton, GA 30004 (678) 242-2500 phone, Carter Lucas (404) 840-1898 phone, Matt Marietta 11] The applicants shall comply with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set out in 7 CFR 3015, 3016, 3017, 3018, 3019, and 3052 which will be incorporated in the agreement by reference, and such other statutory provisions as are specifically set forth in the agreement. 12) The applicants, by signing or submitting this application, are providing a certification set forth in Attachment A, Special Provisions, (7 CFR 3017); Certification Regarding Drug Free Workplace Requirements. 13) The City liaison will work closely with the NRCS liaison in carrying out the terms and conditions of this agreement. They will complete proper documents to ensure payment of funds by NRCS as requested to complete the objectives of the agreement and will be the representative for the City in all matters concerning this agreement. 14) Follow the guidelines established in the Office of Management and Budget Circular A- 87, "Cost Principles for State, Local, and Indian Tribal Governments" or A-122, "Cost Principles for Non -Profit Organizations". 15) In order to comply with the new provisions of the Debt Collection Act of 1996, as amended, 31 U.S.C., which requires federal agencies to convert from check payments to Electronic Fund Transfers (EFT), Cooperators need to submit the name of your designated financial institution, financial institution routing information, account number, the type of account in which deposits will be made, i.e. checking or savings, and your tax identification number or social security number. This information must be attached to this project agreement unless previously provided. STATE: Georgia AGREEMENT NO.: 65-4310-10-425 Il. NRCS Agrees: 1) To provide funds to support the effort by the City for work described in Section A in the amount not to exceed $4,008. 2) Not be substantially involved with the technical or contractual administration of this agreement. However, NRCS will provide authorized technical services such as reviews and coordination as necessary and available. 3) Provide the services of a Government Representative, as necessary. 4) Make payment to the Sponsor covering NRC -S's share of the cost upon receipt and approval of Form SF -270, Request for Advance or Reimbursement and supporting documentation. 5) Be available to participate in final inspection.. 6) Provide the following as a liaison: Jimmy Bramblett USDA-NRCS 355 East Hancock Avenue Athens, Georgia 30601 (706) 546-2272 phone (706) 546-2145 fax 7) Certify receipt of deliverables on the SF -270. Agency Liaison will certify with the following statement signed and dated in the "This space for agency use" area located at the bottom of the form: "I certify that, to the best of my knowledge, this bill has not been previously submitted and that program accomplishments will meet planned activities under this agreement. I have examined and certify that this request is correct for payment." Requests for reimbursement shall be no more often than every 30 days for the period this agreement is in force. III. It is Mutually Understood and Agreed: 1) This agreement is effective the date it is fully executed by all parties to this agreement. It shall become null and void 90 calendar days after the date NRCS has executed this agreement if a contract has not been awarded, or work has not commenced. All STATE: Georgia AGREEMENT NO.: 65-4310-10-425 construction work associated with this agreement will be completed within 240 calendar days of the fully executed agreement. 2) Each party agrees that it will be responsible for its own acts and results thereof and shall not be responsible for the acts of the other party and the results thereof. Each party, therefore, agrees that it will assume all risk and liability to itself, its agents or employees, for any injury to persons or property resulting in any manner from the conduct of its own operations, and the operations of its agents or employees; and for any loss, cost, damage, or expense resulting at any time from failure to exercise proper precautions, of or by itself, or its own agents or its own employees, while occupying or visiting the projects under and pursuant to this Agreement. The Federal Government's liability shall be governed by the provisions of the Federal Tort Claims Act (28 U.S.C. 2671-80). 3) Employees of NRCS shall participate in efforts under this agreement solely as representatives of the NRCS. To this end, they shall not hold themselves out as representatives of the City. They also shall not assist the City or any member of the City with efforts to lobby congress, or to raise money through fundraising efforts. Further, NRCS employees shall report to their immediate supervisor any negotiations with the City, or any member of the City, concerning future employment and shall refrain from participation in efforts regarding such party until approved by the NRCS. 4) Privacy of personal information relating to natural resources conservation programs will be in accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171, 116 Stat. 235). 5) By signing this agreement, the City assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. 6) The furnishing of financial and other assistance by NRCS is contingent upon the continuing availability of appropriations by Congress from which payment may be made and shall not obligate NRCS if Congress fails to so appropriate. 7) Each party of this agreement shall administer and comply with all of the provisions of the applicable Code of Federal Regulations (CFR) and Office of Management and Budget (OMB) Circulars 2 CFR 215, 7 CFR 3015, 7 CFR 3017, 7 CFR 3052, OMB's A-87, A-102, A-122, and A- 133. 8) No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise there from; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 9) Employees of the City or any other participant identified in this agreement, shall not be considered federal employees for any purpose under this agreement. STATE: Georgia AGREEMENT NO.: 65-4310-10-425 10) The purchase of labor, equipment and/or materials necessary for accomplishing the work as described, except for those services provided as in-kind by the City and its partner organizations shall not be made from the City, or firms in which any official of such organization or any member of such official's immediate family has direct or indirect financial interest. 11) Public awareness of the activities and benefits resulting from this conservation support will be emphasized at training sessions, meetings, in trade and MRCS publications and by other means to ensure success of the program and to provide information to producers and agency personnel. Other uses of the names of any parties to this agreement shall be coordinated through the Agency Liaison. This includes advertising, publicity, or news releases, etc., related to the work undertaken under the terms of the agreement. 12) The program or activities conducted under this agreement will be in compliance with the nondiscrimination provisions as contained in Titles VI and VII of the Civil Rights Act of 1964, as amended; the Civil Rights Restoration Act of 1987 (Public Law 100-259); and other nondiscrimination statutes: namely, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Americans with Disabilities Act of 1990. Non -Discrimination Statement: The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint to discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S. W. Washington, D. C. 20250-9410, or call (800) 795-3272 (voice) or (202 720-6382 [TDD]. USDA is an equal opportunity provider and employer. 13) This agreement may be amended or renewed by mutual agreement between the City and NRCS when either party furnishes the other a 30 -day written notice. 14) This agreement may be terminated at any time by either party giving the other party 30 days notice in writing. In the event the agreement is terminated, payment will be made only for obligated expenditures documented at the time of termination. The respective participants are to assume title to property purchased from funds furnished through this agreement. STATE: Georgia AGREEMENT NO.: 65-4310-10-425 15) This agreement may be temporarily suspended by NRCS if it is determined that corrective action by the City is needed to meet the provisions of this agreement. Further, NRCS may suspend this agreement when it is evident that termination is pending. STATE: Georgia AGREEMENT NO.: 65-4310-10-425 This agreement is effective the date it is signed by hath parties. CITY OF MILTON, GEORGIA BY: NAME: TITLE: DATE: UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE BY: NAME: JAMES E. TILLMAN, SR. TITLE: STATE CONSERVATIONIST DATE: City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: July 6, 2010 Agenda Item: Approval of an Agreement with MARTA for the use of Offset funds for pedestrian improvements at intersections along Webb Road and Deerfield Parkway Background: For FY 2010 MARTA was authorized to use $25 million in ARRA funds (Stimulus Funding) to offset a deficit in operational funds. The use of these funds was necessary to prevent a drastic reduction in services provided by MARTA. In exchange, MARTA agreed to allocate Capital Reserve Funds to qualifying projects within their operational area to offset the use of stimulus funding. The City of Milton was allocated $613,000 under this program for use on projects or project elements that are designed to enhance mass transportation service or use and are physically or functionally related to transit facilities. Discussion: A list of potential projects was approved by Mayor and Council by resolution (#10-01- 138) on January 20, 2010. This project list was then submitted to and approved by MARTA and included by ARC in the Transportation Improvement Program (TIP). Submitted herein is an agreement with MARTA to move forward with design and construction services for pedestrian improvements to the intersections along Webb Road from Cogburn Road to Morris Road and at the intersection of Deerfield Parkway and Morris Road. Improvements include upgrading ramps, installation of countdown and audible pedestrian signals and improved striping. The estimated cost for this project is $100,000. 100% of the project costs are eligible for reimbursement. Legal Review: Paul Higbee – Jarrard & Davis – July 6, 2010 Attachments: MARTA Agreement Page 1 of 7 ARC-MARTA OFFSET FUNDS INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT, (hereinafter referred to as “Agreement”) entered into as of the _____ day of ___________, 2010, by and between the City of Milton, (hereinafter referred to as the “CITY”) and the METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY, (hereinafter referred to as “MARTA” OR “the Authority”). WITNESSETH THAT: WHEREAS, by virtue of action taken by the Atlanta Regional Commission (ARC) whereby certain federal funds were transferred to the Authority and, in exchange, the Authority committed to fund qualifying projects contained in the Transportation Improvement Plan (TIP) from the Authority’s capital budget; and WHEREAS, the City’s share of funding from the Authority for qualifying projects in the TIP is $613,000; and WHEREAS, the City has identified the project defined herein (“the Project”) for funding from the City’s share of funding in the amount of $100,000; WHEREAS, the parties desire to define the responsibilities for the design, construction, implementation and payment of costs for the Project as set forth herein; NOW THEREFORE, in consideration of the promises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Project Defined. The Project is defined as ADA upgrades along 7 locations within the City of Milton, as is more fully shown in the attached Exhibit A (drawing, diagram, descriptions, etc.). 2. Duties of City. The City shall be responsible for all work and services required for the successful completion of the Project, including but not limited to: (a) the design of the Project, (b) the procurement of goods and services related to the construction of the Project, (c) the management of the Project and all contractors performing work thereon, (d) the inspection and final acceptance of the Project, and (e) all other acts and obligations consistent with the successful completion of the Project. 3. Time of Performance. Work and services shall be undertaken and pursued in such sequence as to assure their expeditious completion. All work and services required hereunder shall be completed on or before July 19, 2012. All invoices to be submitted hereunder for reimbursement shall be submitted within 60 days of completion of work. Page 2 of 7 4. Reimbursement. The City shall be reimbursed for the costs of the Project as set forth in Exhibit B, which is attached hereto and made a part hereof. 5. Formal Communication/Designated Agents. Formal communications regarding this Agreement shall include, but not necessarily be limited to, correspondence, progress reports and fiscal reports. The City or its designee shall furnish progress and fiscal reports to the Authority periodically, as requested by the Authority. All formal communication regarding this Agreement shall be in writing and addressed to the Designated Agents of the parties. Paul Grether, is designated as the authorized agent of the Authority for purposes of this Agreement only, except for executing amendments hereto. All correspondence shall be directed to him/her at: MARTA 2424 Piedmont Road, N.E. Atlanta, GA 30324-3330 Carter Lucas, is designated as the authorized agent of the City for purposes of this Agreement only, except for executing amendments hereto. All correspondence shall be directed to him at: 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 6. Review and Coordination. To ensure adequate assessment of the Project and proper coordination among the parties, the Authority shall be kept fully informed of the progress of the work and services to be performed hereunder. The City may be required to meet with designated representatives of the Authority from time to time, as reasonably requested, to review the work and services performed. 7. Maintenance of Records. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to the Project in accordance with generally accepted accounting principles applicable to the City and shall make such material available at all reasonable, times during the term of this Agreement for inspection by the Authority or its external auditors. The City shall include the provisions of this paragraph in any contract executed in connection with this Project. 8. Conflict of Interest. No officer, member or employee of the Authority, and no public official of any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part thereof, shall participate in any decision relating to this Agreement which affects his or her personal interests or the interest of any corporation, partnership or association in which he or she is directly interested; nor shall any such officer, member or employee of the Authority, or public official of any local government affected by the Project, have a direct interest in this Agreement or the proceeds arising therefrom. Page 3 of 7 9. Status of Parties as Independent Contractors. Nothing contained in this Agreement shall be construed to constitute the City or any of its employees, servants, agents or subcontractors as a partner, employee, servant, or agent of the Authority, nor shall either party to this Agreement have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor. 10. Assignability. Neither party shall assign or transfer all or any portion of its interest in this Agreement without the prior written approval of the other party. 11. Amendments. Either party may request changes in this Agreement. Except for termination for cause by the Authority, such changes, including any increase or decrease in the amount of the City’s reimbursement for the cost of the Project, shall be incorporated in written amendments to this Agreement. 12. Termination for Mutual Convenience. Either party may terminate this Agreement in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall, through formal Agreement amendment, agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The City shall not incur new obligations from the date of termination. The Authority shall allow full credit to the City for non- cancelable obligations, properly incurred by the City prior to termination. 13. Termination of the Agreement for Cause. If through any cause, the City shall fail to fulfill in a timely and proper manner its obligation under this Agreement, or if the City has or shall violate any of the covenants, agreements, representations or stipulations of this Agreement, the Authority shall thereupon have the right to terminate this Agreement by giving written notice to the City of such termination and specifying the effective date thereof, at least ten business days before the effective date of such termination. The City shall be entitled to receive just and equitable compensation for costs incurred in the performance of the scope of service up to and including the effective date of termination as authorized in Attachment “B”. Not withstanding the foregoing, to the extent provided by law, the City shall not be relieved of liability to the Authority for damages sustained by the Authority by virtue of any breach of this Agreement by the City, and the Authority may withhold any payments to the City for the purpose of set-off for damages caused by the City’s breach, until such time as the exact amount of damages to the Authority from the City is determined. 14. Applicable Law. This Agreement shall be deemed to have been executed and performed in the State of Georgia, and all questions of interpretation and construction shall be construed by the laws of such State. Page 4 of 7 IN WITNESS WHEREOF, the City and the Authority have executed this Agreement as of the day first above written. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY CITY OF MILTON, GEORGIA By: _____________________ By:___________________ BEVERLY A. SCOTT, Ph.D. Joe Lockwood General Manager /CEO Mayor APPROVED AS TO SUBSTANCE: _______________________ APPROVED AS TO FORM: ________________________ _______________________ MIRIAM D. LANCASTER Chief of Corporate Law City Attorney MARTA City of Milton, Georgia Page 5 of 7 Exhibit A Project Description The work will involve pedestrian upgrades at up to 7 intersections along and within the approved distance of bus routes 143 and 185. The upgrades include, but may not be limited to, improved pedestrian signals, audible pedestrian crossings, countdown pedestrian crossings, improved crosswalks and ramps at Cogburn Road /Webb Road, Deerfield Parkway/Webb Road, Deerfield Parkway/Morris Road, and Morris Road /Webb Road. Page 6 of 7 Exhibit B COMPENSATION AND METHOD OF PAYMENT I. Compensation: The total cost of the Project as described in Exhibit A is $100,000. Compensation to the City shall not exceed the actual eligible costs incurred up to the total cost of the Project. In no event will the City’s total reimbursement to be paid under this Agreement exceed the sum of $100,000. A breakdown of the reimbursement is shown in “Exhibit B-1”, Project Budget which is attached to and made a part of this Agreement for financial reporting, monitoring and audit purposes. Changes in the Project Budget shall be made in accord with Paragraph 11 in the main body of the Agreement. II. Method of Payment: The method of payment shall be as follows: A. Periodic Reimbursement. The City shall be entitled to receive periodic reimbursement on the following basis. As of the last day of each month during the existence of this Agreement, the City shall submit to the Authority an invoice for reimbursement documenting actual costs incurred during the invoice period. As used herein, actual costs incurred shall include only eligible costs authorized in the Project Budget. Upon the basis of its audit and review of such invoice, the Authority will, at the request of the City, make payments to the City as the work progresses but not more often than once a month. Invoices shall be numbered consecutively and submitted each month until the Project is completed. B. Final Payment. Final payment shall only be made upon determination by the Authority that all requirements hereunder have been completed, including any audit requirements. Upon such determination and upon submittal of a final invoice, the Authority shall pay the final reimbursement due to the City. The City’s final invoice must be received by MARTA no later than 60 days after the Project completion date specified in Paragraph 3 of the Agreement (or as subsequently amended). Page 7 of 7 EXHIBIT B-1 PROJECT BUDGET Phase Year Funding Source Total Budget MARTA Local PE 2010 $5,000 $0 $5,000 Construction 2010 $95,000 $0 $95,000 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: July 6, 2010 Agenda Item: Approval of an Agreement with MARTA for the use of Offset funds for the installation of street lighting along Deerfield Parkway from Webb Road to State Route 9 Background: For FY 2010 MARTA was authorized to use $25 million in ARRA funds (Stimulus Funding) to offset a deficit in operational funds. The use of these funds was necessary to prevent a drastic reduction in services provided by MARTA. In exchange, MARTA agreed to allocate Capital Reserve Funds to qualifying projects within their operational area to offset the use of stimulus funding. The City of Milton was allocated $613,000 under this program for use on projects or project elements that are designed to enhance mass transportation service or use and are physically or functionally related to transit facilities. Discussion: A list of potential projects was approved by Mayor and Council by resolution (#10-01- 138) on January 20, 2010. This project list was then submitted to and approved by MARTA and included by ARC in the Transportation Improvement Program (TIP). Submitted herein is an agreement with MARTA to move forward with design and construction services for the milling and resurfacing of Webb Road from Morris Road to Deerfield Parkway. The estimated cost for the project is $190,000. 100% of the project costs are eligible for reimbursement to the city. Legal Review: Paul Higbee – Jarrard & Davis – July 6, 2010 Attachments: MARTA Agreement Page 1 of 7 ARC-MARTA OFFSET FUNDS INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT, (hereinafter referred to as “Agreement”) entered into as of the _____ day of ___________, 2010, by and between the City of Milton, (hereinafter referred to as the “CITY”) and the METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY, (hereinafter referred to as “MARTA” OR “the Authority”). WITNESSETH THAT: WHEREAS, by virtue of action taken by the Atlanta Regional Commission (ARC) whereby certain federal funds were transferred to the Authority and, in exchange, the Authority committed to fund qualifying projects contained in the Transportation Improvement Plan (TIP) from the Authority’s capital budget; and WHEREAS, the City’s share of funding from the Authority for qualifying projects in the TIP is $613,000; and WHEREAS, the City has identified the project defined herein (“the Project”) for funding from the City’s share of funding in the amount of $190,000; WHEREAS, the parties desire to define the responsibilities for the design, construction, implementation and payment of costs for the Project as set forth herein; NOW THEREFORE, in consideration of the promises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Project Defined. The Project is defined as Deerfield Parkway Street Lighting from Webb Road to SR9 (Cumming Highway) located along Deerfield Parkway within the City of Milton, as is more fully shown in the attached Exhibit A (drawing, diagram, descriptions, etc.). 2. Duties of City. The City shall be responsible for all work and services required for the successful completion of the Project, including but not limited to: (a) the design of the Project, (b) the procurement of goods and services related to the construction of the Project, (c) the management of the Project and all contractors performing work thereon, (d) the inspection and final acceptance of the Project, and (e) all other acts and obligations consistent with the successful completion of the Project. 3. Time of Performance. Work and services shall be undertaken and pursued in such sequence as to assure their expeditious completion. All work and services required hereunder shall be completed on or before July 7, 2012. All invoices to be submitted hereunder for reimbursement shall be submitted within 60 days of completion of work. Page 2 of 7 4. Reimbursement. The City shall be reimbursed for the costs of the Project as set forth in Exhibit B, which is attached hereto and made a part hereof. 5. Formal Communication/Designated Agents. Formal communications regarding this Agreement shall include, but not necessarily be limited to, correspondence, progress reports and fiscal reports. The City or its designee shall furnish progress and fiscal reports to the Authority periodically, as requested by the Authority. All formal communication regarding this Agreement shall be in writing and addressed to the Designated Agents of the parties. Paul Grether, is designated as the authorized agent of the Authority for purposes of this Agreement only, except for executing amendments hereto. All correspondence shall be direct to him/her at: MARTA 2424 Piedmont Road, N.E. Atlanta, GA 30324-3330 Carter Lucas, is designated as the authorized agent of the City for purposes of this Agreement only, except for executing amendments hereto. All correspondence shall be direct to him at: 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 6. Review and Coordination. To ensure adequate assessment of the Project and proper coordination among the parties, the Authority shall be kept fully informed of the progress of the work and services to be performed hereunder. The City may be required to meet with designated representatives of the Authority from time to time, as reasonably requested, to review the work and services performed. 7. Maintenance of Records. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to the Project in accordance with generally accepted accounting principles applicable to the City and shall make such material available at all reasonable, times during the term of this Agreement for inspection by the Authority or its external auditors. The City shall include the provisions of this paragraph in any contract executed in connection with this Project. 8. Conflict of Interest. No officer, member or employee of the Authority, and no public official of any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part thereof, shall participate in any decision relating to this Agreement which affects his or her personal interests or the interest of any corporation, partnership or association in which he or she is directly interested; nor shall any such officer, member or employee of the Authority, or public official of any local government affected by the Project, have a direct interest in this Agreement or the proceeds arising therefrom. Page 3 of 7 9. Status of Parties as Independent Contractors. Nothing contained in this Agreement shall be construed to constitute the City or any of its employees, servants, agents or subcontractors as a partner, employee, servant, or agent of the Authority, nor shall either party to this Agreement have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor. 10. Assignability. Neither party shall assign or transfer all or any portion of its interest in this Agreement without the prior written approval of the other party. 11. Amendments. Either party may request changes in this Agreement. Except for termination for cause by the Authority, such changes, including any increase or decrease in the amount of the City’s reimbursement for the cost of the Project, shall be incorporated in written amendments to this Agreement. 12. Termination for Mutual Convenience. Either party may terminate this Agreement in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall, through formal Agreement amendment, agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The City shall not incur new obligations from the date of termination. The Authority shall allow full credit to the City for non- cancelable obligations, properly incurred by the City prior to termination. 13. Termination of the Agreement for Cause. If through any cause, the City shall fail to fulfill in a timely and proper manner its obligation under this Agreement, or if the City has or shall violate any of the covenants, agreements, representations or stipulations of this Agreement, the Authority shall thereupon have the right to terminate this Agreement by giving written notice to the City of such termination and specifying the effective date thereof, at least ten business days before the effective date of such termination. The City shall be entitled to receive just and equitable compensation for costs incurred in the performance of the scope of service up to and including the effective date of termination as authorized in Attachment “B”. Not withstanding the foregoing, to the extent provided by law, the City shall not be relieved of liability to the Authority for damages sustained by the Authority by virtue of any breach of this Agreement by the City, and the Authority may withhold any payments to the City for the purpose of set-off for damages caused by the City’s breach, until such time as the exact amount of damages to the Authority from the City is determined. 14. Applicable Law. This Agreement shall be deemed to have been executed and performed in the State of Georgia, and all questions of interpretation and construction shall be construed by the laws of such State. Page 4 of 7 IN WITNESS WHEREOF, the City and the Authority have executed this Agreement as of the day first above written. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY CITY OF MILTON, GEORGIA By: _____________________ By:___________________ BEVERLY A. SCOTT, Ph.D. Joe Lockwood General Manager /CEO Mayor APPROVED AS TO SUBSTANCE: _______________________ APPROVED AS TO FORM: ________________________ _______________________ MIRIAM D. LANCASTER Chief of Corporate Law City Attorney MARTA City of Milton, Georgia Page 5 of 7 Exhibit A Project Description The work will involve the installation of street lights along Deerfield Parkway from Webb Road to SR 9. Page 6 of 7 Exhibit B COMPENSATION AND METHOD OF PAYMENT I. Compensation: The total cost of the Project as described in Exhibit A is $190,000. Compensation to the City shall not exceed the actual eligible costs incurred up to the total cost of the Project. In no event will the City’s total reimbursement to be paid under this Agreement exceed the sum of $190,000. A breakdown of the reimbursement is shown in “Exhibit B-1”, Project Budget which is attached to and made a part of this Agreement for financial reporting, monitoring and audit purposes. Changes in the Project Budget shall be made in accord with Paragraph 11 in the main body of the Agreement. II. Method of Payment: The method of payment shall be as follows: A. Periodic Reimbursement. The City shall be entitled to receive periodic reimbursement on the following basis. As of the last day of each month during the existence of this Agreement, the City shall submit to the Authority an invoice for reimbursement documenting actual costs incurred during the invoice period. As used herein, actual costs incurred shall include only eligible costs authorized in the Project Budget. Upon the basis of its audit and review of such invoice, the Authority will, at the request of the City, make payments to the City as the work progresses but not more often than once a month. Invoices shall be numbered consecutively and submitted each month until the Project is completed. B. Final Payment. Final payment shall only be made upon determination by the Authority that all requirements hereunder have been completed, including any audit requirements. Upon such determination and upon submittal of a final invoice, the Authority shall pay the final reimbursement due to the City. The City’s final invoice must be received by MARTA no later than 60 days after the Project completion date specified in Paragraph 3 of the Agreement (or as subsequently amended). Page 7 of 7 EXHIBIT B-1 PROJECT BUDGET Phase Year Funding Source Total Budget MARTA Local Construction 2010 $190,000 $0 $190,000 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: July 6, 2010 Agenda Item: Approval of an Agreement with MARTA for the use of Offset funds for the milling and resurfacing of Webb Road from Morris Road to Deerfield Parkway Background: For FY 2010 MARTA was authorized to use $25 million in ARRA funds (Stimulus Funding) to offset a deficit in operational funds. The use of these funds was necessary to prevent a drastic reduction in services provided by MARTA. In exchange, MARTA agreed to allocate Capital Reserve Funds to qualifying projects within their operational area to offset the use of stimulus funding. The City of Milton was allocated $613,000 under this program for use on projects or project elements that are designed to enhance mass transportation service or use and are physically or functionally related to transit facilities. Discussion: A list of potential projects was approved by Mayor and Council by resolution (#10-01- 138) on January 20, 2010. This project list was then submitted to and approved by MARTA and included by ARC in the Transportation Improvement Program (TIP). Submitted herein is an agreement with MARTA to move forward with design and construction services for the milling and resurfacing of Webb Road from Morris Road to Deerfield Parkway. The estimated cost for this project is $90,000. 100% of the project costs are eligible for reimbursement. Legal Review: Paul Higbee – Jarrard & Davis – July 6, 2010 Attachments: MARTA Agreement Page 1 of 7 ARC-MARTA OFFSET FUNDS INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT, (hereinafter referred to as “Agreement”) entered into as of the _____ day of ___________, 2010, by and between the City of Milton, (hereinafter referred to as the “CITY”) and the METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY, (hereinafter referred to as “MARTA” OR “the Authority”). WITNESSETH THAT: WHEREAS, by virtue of action taken by the Atlanta Regional Commission (ARC) whereby certain federal funds were transferred to the Authority and, in exchange, the Authority committed to fund qualifying projects contained in the Transportation Improvement Plan (TIP) from the Authority’s capital budget; and WHEREAS, the City’s share of funding from the Authority for qualifying projects in the TIP is $613,000; and WHEREAS, the City has identified the project defined herein (“the Project”) for funding from the City’s share of funding in the amount of $90,000; WHEREAS, the parties desire to define the responsibilities for the design, construction, implementation and payment of costs for the Project as set forth herein; NOW THEREFORE, in consideration of the promises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Project Defined. The Project is defined as Pavement Repair and Resurfacing along 7 locations within the City of Milton, as is more fully shown in the attached Exhibit A (drawing, diagram, descriptions, etc.). 2. Duties of City. The City shall be responsible for all work and services required for the successful completion of the Project, including but not limited to: (a) the design of the Project, (b) the procurement of goods and services related to the construction of the Project, (c) the management of the Project and all contractors performing work thereon, (d) the inspection and final acceptance of the Project, and (e) all other acts and obligations consistent with the successful completion of the Project. 3. Time of Performance. Work and services shall be undertaken and pursued in such sequence as to assure their expeditious completion. All work and services required hereunder shall be completed on or before July 7, 2012. All invoices to be submitted hereunder for reimbursement shall be submitted within 60 days of completion of work. Page 2 of 7 4. Reimbursement. The City shall be reimbursed for the costs of the Project as set forth in Exhibit B, which is attached hereto and made a part hereof. 5. Formal Communication/Designated Agents. Formal communications regarding this Agreement shall include, but not necessarily be limited to, correspondence, progress reports and fiscal reports. The City or its designee shall furnish progress and fiscal reports to the Authority periodically, as requested by the Authority. All formal communication regarding this Agreement shall be in writing and addressed to the Designated Agents of the parties. Paul Grether, is designated as the authorized agent of the Authority for purposes of this Agreement only, except for executing amendments hereto. All correspondence shall be direct to him/her at: MARTA 2424 Piedmont Road, N.E. Atlanta, GA 30324-3330 Carter Lucas, is designated as the authorized agent of the City for purposes of this Agreement only, except for executing amendments hereto. All correspondence shall be direct to him at: 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 6. Review and Coordination. To ensure adequate assessment of the Project and proper coordination among the parties, the Authority shall be kept fully informed of the progress of the work and services to be performed hereunder. The City may be required to meet with designated representatives of the Authority from time to time, as reasonably requested, to review the work and services performed. 7. Maintenance of Records. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to the Project in accordance with generally accepted accounting principles applicable to the City and shall make such material available at all reasonable, times during the term of this Agreement for inspection by the Authority or its external auditors. The City shall include the provisions of this paragraph in any contract executed in connection with this Project. 8. Conflict of Interest. No officer, member or employee of the Authority, and no public official of any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part thereof, shall participate in any decision relating to this Agreement which affects his or her personal interests or the interest of any corporation, partnership or association in which he or she is directly interested; nor shall any such officer, member or employee of the Authority, or public official of any local government affected by the Project, have a direct interest in this Agreement or the proceeds arising therefrom. Page 3 of 7 9. Status of Parties as Independent Contractors. Nothing contained in this Agreement shall be construed to constitute the City or any of its employees, servants, agents or subcontractors as a partner, employee, servant, or agent of the Authority, nor shall either party to this Agreement have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor. 10. Assignability. Neither party shall assign or transfer all or any portion of its interest in this Agreement without the prior written approval of the other party. 11. Amendments. Either party may request changes in this Agreement. Except for termination for cause by the Authority, such changes, including any increase or decrease in the amount of the City’s reimbursement for the cost of the Project, shall be incorporated in written amendments to this Agreement. 12. Termination for Mutual Convenience. Either party may terminate this Agreement in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall, through formal Agreement amendment, agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The City shall not incur new obligations from the date of termination. The Authority shall allow full credit to the City for non- cancelable obligations, properly incurred by the City prior to termination. 13. Termination of the Agreement for Cause. If through any cause, the City shall fail to fulfill in a timely and proper manner its obligation under this Agreement, or if the City has or shall violate any of the covenants, agreements, representations or stipulations of this Agreement, the Authority shall thereupon have the right to terminate this Agreement by giving written notice to the City of such termination and specifying the effective date thereof, at least ten business days before the effective date of such termination. The City shall be entitled to receive just and equitable compensation for costs incurred in the performance of the scope of service up to and including the effective date of termination as authorized in Attachment “B”. Not withstanding the foregoing, to the extent provided by law, the City shall not be relieved of liability to the Authority for damages sustained by the Authority by virtue of any breach of this Agreement by the City, and the Authority may withhold any payments to the City for the purpose of set-off for damages caused by the City’s breach, until such time as the exact amount of damages to the Authority from the City is determined. 14. Applicable Law. This Agreement shall be deemed to have been executed and performed in the State of Georgia, and all questions of interpretation and construction shall be construed by the laws of such State. Page 4 of 7 IN WITNESS WHEREOF, the City and the Authority have executed this Agreement as of the day first above written. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY CITY OF MILTON, GEORGIA By: _____________________ By:___________________ BEVERLY A. SCOTT, Ph.D. Joe Lockwood General Manager /CEO Mayor APPROVED AS TO SUBSTANCE: _______________________ APPROVED AS TO FORM: ________________________ _______________________ MIRIAM D. LANCASTER Chief of Corporate Law City Attorney MARTA City of Milton, Georgia Page 5 of 7 Exhibit A Project Description The work will involve the milling and resurfacing on Bus Route 140 along Webb Road from Deerfield Parkway to Morris Road. Page 6 of 7 Exhibit B COMPENSATION AND METHOD OF PAYMENT I. Compensation: The total cost of the Project as described in Exhibit A is $90,000. Compensation to the City shall not exceed the actual eligible costs incurred up to the total cost of the Project. In no event will the City’s total reimbursement to be paid under this Agreement exceed the sum of $90,000. A breakdown of the reimbursement is shown in “Exhibit B-1”, Project Budget which is attached to and made a part of this Agreement for financial reporting, monitoring and audit purposes. Changes in the Project Budget shall be made in accord with Paragraph 11 in the main body of the Agreement. II. Method of Payment: The method of payment shall be as follows: A. Periodic Reimbursement. The City shall be entitled to receive periodic reimbursement on the following basis. As of the last day of each month during the existence of this Agreement, the City shall submit to the Authority an invoice for reimbursement documenting actual costs incurred during the invoice period. As used herein, actual costs incurred shall include only eligible costs authorized in the Project Budget. Upon the basis of its audit and review of such invoice, the Authority will, at the request of the City, make payments to the City as the work progresses but not more often than once a month. Invoices shall be numbered consecutively and submitted each month until the Project is completed. B. Final Payment. Final payment shall only be made upon determination by the Authority that all requirements hereunder have been completed, including any audit requirements. Upon such determination and upon submittal of a final invoice, the Authority shall pay the final reimbursement due to the City. The City’s final invoice must be received by MARTA no later than 60 days after the Project completion date specified in Paragraph 3 of the Agreement (or as subsequently amended). Page 7 of 7 EXHIBIT B-1 PROJECT BUDGET Phase Year Funding Source Total Budget MARTA Local Construction 2010 $90,000 $0 $90,000 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: July 7, 2010 Meeting Date: July 19, 2010 Agenda Item: Approval of an agreement between the City of Milton, Birmingham United Methodist Church and Special Events Network for the “B at the Movies” event on September 11, 2010 Background: The City of Milton will be hosting an outdoor movie event called “B at the Movies” through the Special Events Network on Saturday, September 11 at Birmingham United Methodist Church. Discussion: Special Events Network is a company that provides equipment and services for outdoor movies events. They have an agreement with B98.5FM for the “B at the Movies” summer movie series throughout metro-Atlanta and allow various municipalities to host a movie showing. We asked and were selected to host a movie here in Milton. There is no exchange of money for this event. The City is responsible for securing an appropriate venue, marketing the event, and handling security and parking as needed. The only expense to the City will be minimal staff time and the rental of two portable toilets for the event. We will have input in selecting the movie to be shown. I partnered with Special Events Network for several years in Snellville. They are easy to work with and provide a great community event at no charge to the City. Attachments: An agreement between the City of Milton, Birmingham United Methodist Church and Special Events Network for the “B at the Movies” event on September 11, 2010 City of Milton Birmingham United Methodist Church _____________________, 2010 Memo of Understanding: The following MOU is made among “Special Events Network LLC.” (hereafter referred to as “Special Events Network” or “SEN”), the City of Milton, Georgia (hereafter referred to as “Milton”), and Birmingham United Methodist Church, Inc. (hereafter referred to as “BUMC”). Date of event: Saturday September 11th, 2010 Movie Start Time: Movie Begins at Dark (approximately 8:15PM) Setup Arrival Time: 4:00PM Main Contact: Cyndee Bonacci (678) 242-2489 cyndee.bonacci@cityofmiltonga.us Location: Birmingham United Methodist Church (grassy field), 15770 Birmingham Highway, Alpharetta, Georgia 30004 Movie: To be determined by mutual agreement of the parties BUMC will provide: Access to and a right of entry onto its property, for purposes of the event, to Special Events Network, Milton, and attendees of the event. Milton will provide: A smooth flat area approximately 60ft. wide and 60ft. deep to be used for set up of 45 foot inflatable movie screen at BUMC Designated safe areas where the anchoring system (tent stakes) can be installed for securing the movie screen at BUMC Area to the rear of screen must be accessible for a 24ft. truck for load in and load out of the sound and projection equipment at BUMC Existing electrical service utilization from pole near amphitheatre at BUMC Traffic control and security services Clean up of the area after the event Any security or parking assistance deemed necessary by the city Adequate restroom facilities to include one standard and one handicapped accessible port-a-potty Promotional support of the event Exclusive sales rights to SEN for glow products Exclusive sales rights to SEN for concession sales Exclusive sponsorship rights to SEN for event Right to on site presence for all SEN event sponsors (“Sponsors”), provided that the identity of all Sponsors shall be provided in writing to Milton and BUMC no later than September 9, 2010, and all Sponsors shall be acceptable to Milton and BUMC Right to on site presence for employees and agents of Cox Radio, Inc. d/b/a B98.5 FM (“B98.5 FM”) Right to partner with B98.5 FM for media promotion There will be no production fee paid to Special Events Network for this event by The City of Milton or BUMC. This is a free event, all production fees are the responsibility of Special Events Network. Special Events Network will provide: Set up and breakdown of all equipment required for high quality presentation on a 45ft. wide outdoor movie screen (Harkness Hall rear projection screen, 6,500 lumen digital projector, and Macke sound system capable of covering audiences up to 5000 people) All licensing fees required for non-theatrical presentation of outdoor movie. Special Events Network shall secure all necessary rights, including but not limited to the permission of any copyright owner, and pay any necessary licensing, royalty, or other fees related to the showing of the selected movie as contemplated by this MOU. Special Events Network shall ensure that the showing of the selected movie occurs in compliance with all applicable federal, state and local laws and regulations. Special Events Network shall indemnify, save and hold harmless Milton, BUMC and their officers, employees, representatives and agents from any liability, damages or claims resulting from the violation or infringement of any copyright or similar intellectual property right, right of privacy or other statutory or common law right of any person, firm or corporation. All required certificates of insurance for up to 5 million in liability coverage Exclusive sales of „Glow in the Dark‟ products Exclusive concession sales Event Promotion in partnership with B98.5 FM. Exclusive Sponsor sales for event Oversight of Sponsors and B98.5 FM Generators to run production at no additional cost Certificate of liability listing Milton and BUMC as additional insured to be provided at the execution of this MOU Liability, Hold Harmless Each party to this MOU agrees and acknowledges that it shall be solely responsible for any and all liabilities that may result from its performance of its respective obligations under this MOU. Each party to this MOU agrees, to the extent if any allowed by law, to indemnify and hold harmless the other parties against any costs, expenses, causes of action, or other claims based upon personal injury, death, or damage to property (“Claims”) that may result from any party‟s performance of its obligations under this MOU, except to the extent that any such Claim may also result from another party‟s willful or negligent act or omission. Additionally, SEN shall indemnify and hold harmless Milton and BUMC against any Claims that may result from the presence of all or any Sponsors and/or B98.5 FM at the event. Postponements Movies that are postponed due to weather conditions may be rescheduled to a mutually agreed to date or may be cancelled. This will be determined by Special Events Network. The above terms are agreed to on this ________ day of _________________, 2010. By: ___________________ By:_______________ By: __________________ Bruce Piefke CEO Title:______________ Title__________________ Special Events Network BUMC The City of Milton City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: July 8, 2010 Meeting Date: July 19, 2010 Agenda Item: Approval of a Fee Schedule for the 2010 Milton Roundup for Use by the City of Milton Parks and Recreation Department Background: The City of Milton will be holding its fourth Milton Roundup on Saturday, October 23, 2010 at Birmingham United Methodist Church. Vendor and sponsorship applications for this event will be distributed the week of July 12. The application process has been modified and consolidated this year to make applying easier for those interested in participating. Discussion: The application has been shortened to two, front and back pages. The application includes sponsorship levels and incentives for each; sponsorship information; vendor information; and the general information and agreement. The levels for sponsorship include Golden Horseshoe ($1,500), Pardner ($1,000), and Buckaroo ($500). These sponsorships may be monetary or in- kind donations. The vendor categories include Vendor/Non-sponsor – For-profit at $100; Vendor/Non-sponsor – Non-profit at $25; Food Vendor – Tent at $150; and Food Vendor – Trailer at $250. Each sponsor has the opportunity to accept a complimentary vendor space. In addition to the Milton Roundup sponsorship and vendor fees, I have added two other fees that would remain in effect for other programs and services offered by the department. For approved cancellations, refunds will be issued minus a $15 administrative fee. In the event that an independent contractor collects fees for services, the City may require no less than a 10% commission and no greater than a 30% commission paid to the City. In the near future, the Parks and Recreation Department will have a comprehensive fee schedule for all of its programs, special events, and use of facilities. For now, I will use this fee schedule as a base and add to it as needed going forward. Attachments: Fee Schedule for the 2010 Milton Roundup for Use by City of Milton Parks and Recreation Department Sponsorship and Vendor Application for the 2010 Milton Roundup City of Milton 13000 Deerfield Parkway Suite 107A Milton, GA 30004 MILTON PARKS AND RECREATION 2010 FEE SCHEDULE Submitted by: Cyndee L. Bonacci, Director July 19, 2010 Milton Roundup Sponsorship Golden Horseshoe $1,500 Pardner $1,000 Buckaroo $500 Milton Roundup Vendor Booths Vendor/Non-sponsor (For-profit) - 10’x12’ $100 Vendor/Non-sponsor (Non-profit) - 10’x12’ $25 Food Vendor – Tent – 10’x15’ $150 Food Vendor – Trailer – 12’x20’ $250 Administrative Fee Approved Refunds/Cancellations $15 Independent Contractor Commissions (Paid to City of Milton) At the discretion of the Parks and Recreation Director based on services provided and fees charged not to be less than 10% and not to be greater than 30% 2010 Milton Roundup “New City, Old Lifestyle” Milton’s 4th Annual Celebration Saturday, October 23, 2010 Noon – 6 p.m. Birmingham United Methodist Church 15770 Birmingham Highway, Milton, GA 30004 Milton’s Signature Community Event – Free Admission and Family Fun Kid’s Area with Inflatables and Games, Pony and Carriage Rides, Two Entertainment Stages, Helicopter Rides; Fabulous Food, and much more . . . Sponsorship Opportunities $1,500 Golden Horseshoe Sponsorship Placement of your logo on all event banners Placement of your supplied banner at the event (Maximum Size 4’x6’) Prime Booth Space – 10’x12’ Company logo displayed in all newspaper ads leading up to event Company logo displayed on 5,000+ event flyers distributed to local schools Company logo displayed on Dominos Pizza boxes 3 weeks prior to event Company website link from event page on City’s website Recognition in City of Milton press release to all media contacts Company logo will appear on back of 2010 Milton Roundup t-shirts 5 - Milton Roundup t-shirts $1,000 Pardner Sponsorship Prime Booth Space – 10’x12’ Company logo displayed in all newspaper ads leading up to event Company logo displayed on 5,000+ event flyers distributed to local schools Company website link from event page on City’s website Recognition in City of Milton press release to all media contacts Company logo will appear on back of 2010 Milton Roundup t-shirts 3 - Milton Roundup t-shirts $500 Buckaroo Sponsorship Prime Booth Space – 10x12’ Company website link from event page on City’s website Company logo will appear on back of 2010 Milton Round-up T-shirts 1 - Milton Roundup t-shirt 2010 Milton Roundup Sponsorship Application “New City, Old Lifestyle” Company Name (as it should appear in advertising) ___________________________________ Contact Name________________________________ Email_____________________________ Mailing Address __________________________________________________________ Phone Number _________________________ Fax Number_______________________ Select Level of Sponsorship: Golden Horseshoe $1,500 _____ Pardner $1,000 _____ Buckaroo $500 _____ I *DO______ DO NOT ______want my complimentary booth space. *Please complete VENDOR APPLICATION AND AGREEMENT if applicable. Sponsorship Amount Enclosed $ ________________ - Payable to the City of Milton (If this is an in-kind sponsorship, please include the value of the approved donation.) T-shirt size(s): ______S ______M ______L ______XL ______XXL ______XXXL (Please see the sponsorship levels for the number of t-shirts you receive) Please email a high resolution (preferably EPS) business logo to cyndee.bonacci@cityofmiltonga.us for advertising purposes. The deadline for sponsorship confirmation is September 13, 2010 so we can assure your business name will be included in our promotional advertising. I hereby agree to participate as a Sponsor of the 2010 Milton Roundup and agree to abide by all rules and requests of the City of Milton and Milton Roundup Committee. Authorized Signature________________________________ Date__________________ Mail to: Milton Roundup 13000 Deerfield Parkway, Suite 107A Milton, Georgia 30004 Contact: Cyndee Bonacci – Director of Parks and Recreation Office: 678-242-2489 Email: cyndee.bonacci@cityofmiltonga.us Date Received _________ Check # ______________ Receipt # _____________ Booth # ______________ OFFICE USE ONLY VENDOR APPLICATION & AGREEMENT 2010 MILTON ROUNDUP Saturday, October 23, 2010 Noon – 6 p.m. Birmingham United Methodist Church 15770 Birmingham Highway, Milton, GA 30004 Please mark the vendor option that identifies your needs: Vendor/Non-sponsor (For-Profit) - Booth Space 10’x12’ $100_____ Vendor/Non-sponsor (Non-Profit) - Booth Space 10’x12” $25 _____ Food Tent – Booth Space 10’x15’ accommodates tents $150_____ Food Trailer – Booth Space 12’x20’ accommodates trailers $250_____ Sponsorship (Complimentary) – Booth Space 10’x12’ NA ______ Please enclose your check made payable to the City of Milton. All non-profits must include proof of non-profit status. The vendor application deadline is September 17, 2010. Business Name: __________________________________________________________ Contact Name, Title: ______________________________________________________ Mailing Address: _______________________City: _______________ State: _____ Zip: __________ Email: _______________________________ Business Website: _____________________________ Note: EMAIL is the primary means of communication. Business Phone: ____________________ Cell: ___________________ Fax: ___________________ Please describe all activities to take place and/or items to be sold at your booth with prices for each item/activity: (you may attach an additional sheet if necessary) ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Please list other festivals/events in which you have participated: ___________________________________________________________________________________ How did you hear about our event? ____________________________________________________ Special Requests: ___________________________________________________________________ ___________________________________________________________________________________ If you need electricity, you are responsible for bringing a generator. We DO NOT have access to power at this venue. Vendors: Confirmation will be posted on the City’s website, www.cityofmiltonga.us, as applications are accepted and approved. Complete vendor packets will be mailed approximately three weeks prior to the event and will include your booth number, location, and other event information. Please bring this information with you to the event. Refunds: Cancellations must be made in writing and will be assessed a $15 administrative fee. No refunds will be given after September 17, 2010. This event may be cancelled due to extreme weather conditions. No refunds will be given due to weather. Date Received _________ Check # ______________ Receipt # _____________ Booth # ______________ OFFICE USE ONLY GENERAL INFORMATION & AGREEMENT Please read the following information carefully and sign this vendor agreement. By signing the Vendor Application & Agreement, you acknowledge that you have thoroughly read and agree t o the following regulations: 1) Only activities listed on the application may take place at the event. Only items listed on the application can be sold at the event. The vendor/participant must be present at the booth throughout the event unless other arrangements have been made with event organizers. No booth sharing. 2) Event booth space is limited. The City of Milton makes the final decision regarding the vendors/participants accepted to the event and reserves the right to limit booths of similar type. 3) Each application is approved by the City of Milton. Completion of this application does not guarantee acceptance into the event. After we receive the application and it is reviewed you will receive confirmation of your participation through email or mail and your business name will be posted on the City’s website. All decisions are FINAL. Food vendors are required to adhere to standards established by Fulton County. 4) All festivals and events presented by City of Milton will be held rain or shine. 5) All vendors/participants are responsible for providing a quality tent to fit the booth space . For safety, the City of Milton requires EACH pole on ALL tents be weighted in the event of unexpected weather or wind. 6) Tables, chairs and signs are the responsibility of the vendor/participant. 7) Event set-up & break-down times, booth assignments, and vehicle passes will be assigned by event organizers in advance and mailed approximately three weeks prior to the event. 8) Any special requests must be submitted on the application. We cannot guarantee requests. 9) All booths must be ready 30 minutes before the event opens to the public. Vendor/Booth participants must keep their booths open for the entire event. Breaking down booths prior to the event’s end time will prohibit you from being invited back in the future. 10) Vendor/participant applications received after the application deadline may not be reviewed for acceptance to the event. 11) All items sold at City of Milton events must be paid directly to the vendor, unless special circumstances require an arrangement be made with event organizers prior to the event. Fulton County Sales Tax is 7%. Vendors are solely responsible for collecting, reporting and paying all sales taxes collected to the Georgia Department of Revenue. 12) Vendors/participants must describe/list on application all activities to take place and items to be sold at the event. If a vendor/participant displays items or conducts activities that were not listed on the application, OR has misrepresented items being sold or activities taking place in any way, the event organizers reserve the right to ask the vendor/participant to leave the event and forfeit booth fee. 13) Liability Waiver and Release: I, hereby assume all responsibility for, and risks and hazards of, participation in the rental activity planned by my group. In considerations of the City of Milton providing permission to use the space requested, I, and all members of my rental group, do hereby release the City of Milton, including all officials, officers, employees, sponsors, organizers, supervisors, volunteers, participants, and all other agents, of any and all claims, demands, rights, and causes of action of whatever kind and nature, arising from and by reason of, and all known and unknown, foreseen and unforeseen, bodily and personal injuries, damage to property, and the consequences thereof, resulting from participation in the rental activity planned in the City of Milton. I and all members of my rental group also agree to defend, indemnify and hold harmless the City of Milton from all claims for bodily and personal injuries, damage to property, and the consequences thereof arising out of my/our negligence or that of my/our agents, servants or workmen pursuant to this rental activity. By reading this information and signing this Vendor/Participant Agreement, you are agreeing to abide by all rules and regulations set forth by the event organizers in the 2010 Milton Roundup and made a part hereof by reference. Authorized Signature__________________________________ Date______________________ Mail to: Milton Roundup 13000 Deerfield Parkway, Suite 107A Milton, Georgia 30004 Contact: Cyndee Bonacci – Director of Parks and Recreation Office: 678-242-2489 Email: cyndee.bonacci@cityofmiltonga.us Website: www.cityofmiltonga.us MDA City of Milton Firefighter Appreciation WHEREAS: Dedicated and selfless firefighters in Milton provide vital and lifesaving services to the citizens of their community; and WHEREAS: At a moment’s notice, these men and women risk their lives subduing fires and rescuing those trapped in infernos, as well as saving citizens from emergencies that could have been deadly situations; and WHEREAS: Georgia firefighters’ contribute significantly to the continued well-being of Georgians through their outstanding commitment to community service. Their sense of duty and responsibility is evidenced by their hundreds of volunteer hours in annual boot drives to collect funds to fight Muscular Dystrophy; and WHEREAS: For over 50 years, firefighters throughout Georgia and the nation have worked with MDA to eradicate the muscular dystrophies, Lou Gehrig’s disease, myasthenia gravis, and other neuromuscular diseases; and WHEREAS: Many of Milton’s most deserving citizens have benefited from the funds raised by firefighters in the “Fill-the-Boot” Campaign, and these public servants make invaluable contributions to our community in all tasks they perform; now Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and proclaim July through September, as “MDA Firefighter Appreciation” time in the City of Milton, Georgia and encourage all citizens of Milton, Georgia to recognize and support the efforts of these firefighters on behalf of MDA. Given under our hand and seal of the City of Milton, Georgia on this 19th day of July, 2010. (Seal) _________________________________ Joe Lockwood, Mayor 20th ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT WHEREAS, On July 26, 1990, President George H. Bush signed into law the Americans with Disabilities Act (ADA) to ensure the civil rights of people with disabilities. This legislation established a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. WHEREAS, The ADA has expanded opportunities for Americans with disabilities by reducing barriers and changing perceptions, increasing full participation in community life. However, the full promise of the ADA will only be reached if public entities remain committed in their efforts to fully implement the ADA. WHEREAS, On the 20th anniversary of the Americans with Disabilities Act, we, the City of Milton, celebrate and recognize the progress that has been made by reaffirming the principals of equality and inclusion and recommitting our efforts to reach full ADA compliance. WHEREAS, The National ADA Symposium is spearheading the 2010 by 2010 Campaign in recognition of the passage of this landmark civil rights legislation. The National ADA Symposium is inviting state and local governments, schools and colleges, businesses, organizations, service providers, and advocates to join in its “Proclamation of Recommitment” to the spirit of the ADA and hopes to collect 2010 proclamations prior to the end of 2010. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby join with other cities across the nation in proclaiming our recommitment to the spirit of the Americans with Disabilities Act on this historic anniversary of the Act. Given under our hand and seal of the City of Milton, Georgia on this 19th day of July, 2010. (Seal) _________________________________ Joe Lockwood, Mayor City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: Submitted on June 2, 2010 for July 19, 2010 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Piacere Restaurant Group LLC d/b/a Mambo Jambo Cafe City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to Piacere Restaurant Group, LLC d/b/a Mambo Jambo Cafe for consumption of premises of wine, malt beverages, and distilled spirits. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Piacere Restaurant Group, LLC d/b/a Mambo Jambo Cafe Owner(s) Name: Jorge Quesada, President Business Address: 5310 Windward Parkway, Ste E Type of License to be Issued: Consumption on Premises – Wine, Malt Beverages, & Distilled Spirits Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Lynn Tully, Director of Community Development City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: Submitted on June 28, 2010 for July 19, 2010 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Bobby G’s LLC d/b/a Bobby G’s Chicago Eatery City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to Bobby G’s LLC d/b/a Bobby G’s Chicago Eatery for consumption of premises of wine and malt beverages. Background: City of Milton Ordinance Chapter 4 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Bobby G’s Chicago Eatery is moving to a new location. The ordinance allows for a transfer of location without requiring the applicant to pay all of the fees associated with obtaining a new license as long as the current license is still active. However, the applicant is required to submit a survey of the new location and is subject to a public hearing. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Bobby G’s LLC d/b/a Bobby G’s Chicago Eatery Owner(s) Name: Carol L. Gray Business Address: 12990 Highway 9 Ste 102, Milton GA 30004 Type of License to be Issued: Consumption on Premises – Wine and Malt Beverages Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Lynn Tully, Director of Community Development City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Lynn Tully, AICP, Community Development Director Date: Submitted on July 7 2010 for the July 19, 2010 Regular Council Meeting Agenda Item: Approval of a Memorandum of Agreement between the City of Milton and GA DNR continuing our commitment to the Flood Map Modernization Program City Manager’s Office Recommendation Approve the Memorandum of Agreement as proposed by GA DNR in cooperation with FEMA Continuing our commitment to enforcing our ordinances and adopting the new maps. Discussion The Georgia Flood Map Modernization program began five years ago with the State and FEMA, and is nearly concluded. Digital Flood Maps will soon be available for all 159 Georgia counties. The web site to access the new maps is georgiadfirm.com. In an effort to better protect the community and provide more meaningful information to insurers and the public, the State has continued its partnership with FEMA under the Risk M.A.P. (Mapping, Assessment and Planning) Program to restudy certain communities along the Chattahoochee River. A draft map of the areas for continued study is available in Appendix C of the Scoping Report. The new maps will not only provide the standard flood delineations, but will also seek to quantify the “Risk” that a property may be subjected to under certain hazards. It is believed that better flood hazard data and awareness leads to action that reduces risk to life and property. The State is requesting that all local governments involved in the re-mapping effort enter into a Memorandum of Agreement confirming our commitment to the program. The commitment includes the following actions: Work together to produce the best DFIRM possible given the constraints of the program; Adopt and enforce the new DFIRM once it becomes effective; Amend, revise or update local floodplain management ordinance as needed; Communicate and openly discuss concerns during the process; and Appropriately transition this knowledge to their successors, if any. Our commitment to the program will be in keeping with our goals to provide the best service to the citizens of Milton and our desire to remain a National Flood Insurance Program (NFIP) Community. Staff is in support of the program and is prepared to assist the State in the preparation of our new maps. If there are any questions about our involvement in the process, please let me know. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 Funding and Fiscal Impact None Concurrent Review Chris Lagerbloom, City Manager [MOA.GADNR & FEMA.070710] Georgia Department of Natural Resources Environmental Protection Division, Watershed Protection Branch Reply to: 4220 International Parkway, Suite 101, Atlanta, Georgia 30354 Floodplain Unit 4041675-6232 Phone: 4041675-6233; Fax 4041675-6246 Memorandum of Agreement June 24, 2010 The Honorable Joe Lockwood Mayor, City of Milton, City of Milton City Hall 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 Dear Mayor Lockwood: Under a Cooperating Technical Partner (CTP) Agreement with the Federal Emergency Management Agency (FEMA), the State of Georgia through the Department of Natural Resources (DNR) - Environmental Protection Division (EPD) accepted responsibility for the remapping of all 159 counties including municipalities. This five-year mapping initiative is known as Map Modernization. As a result of the State's efforts, county -wide digital flood hazards maps will be available to local officials as well as to citizens. As Map Modernization draws to a conclusion, FEMA has begun to evolve into Risk MAP (Mapping, Assessment and Planning), which will, through collaboration with Federal, State, and Local entities, deliver quality flood hazard data that increases public awareness of flood risk and leads to action that reduces risk to life and property. As part of FEMA's Risk MAP program, the State of Georgia through the DNR-EPD will continue to participate as a CTP and manage the maintenance and remapping of Georgia's counties and municipalities under the Georgia Flood M.A.P. Program. To effectively manage the Georgia Flood M.A.P. Program, EPD will need the full support and involvement of local communities. Attached are two (2) signed copies of a Scoping Report that details the combined flood mapping effort between EPD and your community. After you have reviewed the Scoping Report, please sign both Signature Pages and return one (1) signed copy to my attention by July 15'x, 2010. The second fully executed copy is your community's copy to keep on file. My office will continue to work closely with you throughout this project to provide any assistance that may be required. Should you have questions regarding this Memorandum of Agreement, please contact Andrea Foard or Yongqing Yu at 404-675-6233. Sincerely, Co is O. Brown, CFM State Floodplain Management Coordinator Attachments FEMA Scoping Report Signature Page cc: Floodplain Administrator Jimmy Sanders, Plan and Review Engineer Memorandum of Agreement Signature Page The undersigned acknowledge that they have reviewed the Scoping Report detailing the Digital Flood Insurance Rate Map (DFIRM) scope of work for City of Milton, Georgia. Both parties agree to: • work together to produce the best DFIRM possible given the constraints of the program; • adopt and enforce the new DFIRM once it becomes effective; • amend, revise, or update local floodplain management ordinance as needed; • communicate and openly discuss concerns during the process; and • appropriately transition this knowledge to their successors, if any. City of Milton, GA Community Name (city, town, or county) Community Representative Collis O. Brown, CF Title State Coordinator Title Date GA FY09 MOA — COMMUNITY COPY — SIGN & KEEP FOR COMMUNITY RECORD /a Dat FEMA Scoping Report Fulton County, Georgia and Incorporated Areas Submitted By: Georgia Department of Natural Resources Submittal Date: May 28, 2010