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HomeMy WebLinkAbout08-06-2012-PacketPage 1 of 4 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 Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large Monday, August 6, 2012 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jeff Kane, C3 Church, Milton, Georgia 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. 12-181) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the July 9, 2012 Work Session Minutes. (Agenda Item No. 12-182) (Sudie Gordon, City Clerk) 2. Approval of the July 16, 2012 Regular Council Minutes. (Agenda Item No. 12-183) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 6, 2012 Page 2 of 4 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. 3. Approval of a Survey Agreement between the City of Milton, Georgia and Onsite Civil Group, LLC for a Boundary and Topographic Survey for the following Four Parcels (15260 Hopewell Park Road PIN 22 50400535029 – Parcel 1; 15165 Hopewell Road PIN 22 48800534020 – Parcel 2a; No Address PIN 22 50400535034 – Parcel 2b; and 15315 Thompson Road PIN 22 50400535017 – Parcel 2c) Adjacent to Bell Park on Hopewell Road. (Agenda Item No. 12-184) (Carter Lucas, Public Works Director) 4. Approval of a Professional Services Agreement between the City of Milton, Georgia and Universal Engineering Sciences, Inc. for Geotechnical Testing and Special Inspections related to the Development of the Public Safety Facility. (Agenda Item No. 12-185) (Carter Lucas, Public Works Director) 5. Approval of a Construction Services Agreement between the City of Milton and Strickland Pipeline and Construction, Inc. for a Stormwater Repair on Thompson Road. (Agenda Item No. 12-186) (Carter Lucas, Public Works Director) 6. Approval of a Professional Services Agreement between the City of Milton and Southern Actuarial Services Company, Inc. for Defined Benefit Pension Plan Review. (Agenda Item No. 12-187) (Sam Trager, Human Resources Director) 7. Approval of a Contract Renewal between the City of Milton and AT&T for Broadband Services. (Agenda Item No. 12-188) (David Frizzell, IT Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing American Taekwondo Association World Champion Cameron Comrie. (Presented by Councilmember Matt Kunz) 2. Discussion of the Fiscal Impact Model for the City of Milton. (Presented by Jeff Dorfman, Dorfman & Associates) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 6, 2012 Page 3 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7) FIRST PRESENTATION 1. RZ12-11 – To Amend Article XVI, Signs as it Relates to Moving Signs and Replacing the Current Name “Crabapple Crossroads Overlay District Signs” to “Crabapple Form Based Code Overlay District Signs”. (Agenda Item No. 12-189) (Kathleen Field, Community Development Director) 2. RZ12-12 – To Amend Section 64-2371 to Create Permit Expiration Standards for Land Disturbance Permits. (Agenda Item No. 12-190) (Kathleen Field, Community Development Director) 3. HD12-01 – Approval of an Ordinance for Historic Designation of the Property Located at 12560 Hopewell Road (The Hardeman Store). (Agenda Item No. 12-191) (Joint Public Hearing Held July 16, 2012) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Approval of a Resolution to Approve the Submission of a Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program to Purchase a NFPA Compliant Cleaning and Maintenance System for Firefighters’ Protective Clothing. (Agenda Item No. 12-192) (Matt Marietta, Fire Marshal) 2. Approval of an Application to the Department of Homeland Security for the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program. (Agenda Item No. 12-193) (Matt Marietta, Fire Marshal) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 6, 2012 Page 4 of 4 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. 3. Approval of a Resolution Authorizing Mayor Joe Lockwood to Negotiate in Good Faith Regarding the City’s Local Option Sales Tax Position with Other Mayors of Municipalities Located in Fulton County and with Officials and Representatives of Fulton County, Georgia. (Agenda Item No. 12-194) (Ken Jarrard, City Attorney) 4. Consideration of whether to Opt out of the Class Action Lawsuit City of Rome v. Hotels.com (Relating to Application of Hotel Excise Taxes). (Agenda Item No. 12-195) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 12-196) The minutes will be Provided electronically 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 30, 2012 Council Meeting Date: August 6, 2012 Agenda Item: Approval of a Survey Agreement between the City of Milton, Georgia and Onsite Civil Group, LLC for a Boundary and Topographic Survey for the following Four Parcels (15260 Hopewell Park Road PIN 22 50400535029 – Parcel 1; 15165 Hopewell Road PIN 22 48800534020 – Parcel 2a; No Address PIN 22 50400535034 – Parcel 2b; and 15315 Thompson Road PIN 22 50400535017 – Parcel 2c) Adjacent to Bell Park on Hopewell Road. Discussion: The work to be completed under this Agreement includes a boundary and topographic survey of four additional tracts totaling 10.1 acres immediately adjacent to the park. The boundary survey will be suitable for closing on the property should the Mayor and City Council elect to do so. The topographic survey will be an extension of the previously run field survey and will provide a compiled boundary and topographic survey for the entire proposed park area. This survey will be used to facilitate planning for future park improvements as well as the basis for future capital improvements. Staff is recommending the approval of a survey agreement between the City of Milton and Onsite Civil Group, LLC in the amount of $11,800 for the boundary and topographic survey for the 10.1 acres tract located on Hopewell Road. Legal Review: Agreement – Paul Higbee, Jarrard & Davis on 6/14/2012 Financial: Funding for this project is available in Public Works Professional Fees budget Attachments: 1. Survey Services Agreement City of Milton SURVEY AGREEMENT BOUNDARY AND TOPOGRAPHIC SURVEY FOR THE FOLLOWING PARCELS: 15260 Hopewell Park Road PIN 22 50400535029 (Parcel 1) 15165 Hopewell Road PIN 22 45800534420 (Parcel 2a) No address PIN 22 50400535034 (Parcel 2b) 15315 Thompson Road PIN 22 50400535017 (Parcel 2c) This Services Agreement (the "Agreement") is made and entered into this Z" day of �une"' , 2012, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Onsite Civil Group, LLC (hereinafter referred to as the "Contractor"). WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE EXHIBITS C & D EVERII Y AFFIDAVITS EXHIBIT E SAVE AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall generally include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as to provide two one -foot topographic, boundary surveys and legal descriptions for two tracts of land comprised of four parcels totaling 10.1 acres and a compiled boundary and topographic survey with these tracts added to the overall Bell Memorial Park survey previously completed for the City. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perforin the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within 30 days of the "Notice to Proceed". Section 4. Work Chanes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actuary performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $11,804 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perforin the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shalt be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: Bill Rowse, PE shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. I. M_eetinp-s: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing 2 within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign immunity_. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. Employment of Unauthorized Aliens Prohibited: (1) E -Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to G.C.G.A. § 16-14-71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with G.C.G.A. § 13-10-91 and Rule 300- 10-1-.42 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit "D" to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C,G.A. § 13-10-91 and Rule 300-10-1-.02. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit, attached hereto as Exhibit "C" and incorporated herein by this reference. The above requirements shall be in addition to the requirements of State and federal taw, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "E", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. Onsite Civil Group, LLC Signature: %Printed Name: �p r�� �"` l • Sto kby ` Title: N [AFFIX CORPORATE SEAL] UflSltt� l.,ldll U10UP LLL CITY OF MILTON, GEORGIA Joe Lockwood, Mayor 4 EXHIBIT A SCOPE OF WORK Scope of Services for Boundary and Topographic Survey for the Following Parcels 15260 Hopewell Park Road PIN 22 50400535429 (Parcel 1) 15165 Hopewell Road PIN 22 48800534024 (Parcel 2a) No address PIN 22 50400535034 (Parcel 2b) 15315 Thompson Road PIN 22 50444535017 (Parcel 2c) All boundary work shall be consistent with the Georgia Plat Act and industry standards for this type of work. The boundary survey shall locate all lines and comers per deed descriptions and other evidence found on the ground in conformance with the minimum standards of the State of Georgia. All information will be collected by a field run survey on the site and within 25 feet of the property boundary. Provide two surveys suitable for closing on the properties. The first survey should include the 3.04 acre tract identified as Parcel 1 on the attached exhibit. The second should include Parcels 2a, 2b and 2c (collectively known as Parcel 2) as shown on the attached exhibit and make up approximately 7.06 acres, all internal parcels lines shall be identified. Data collected for each survey shall include, at a minimum, the following information: a. Property boundary with all data necessary to indicate the mathematical dimensions and relationships of the boundary represented, with angles given directly or by bearings, and with the length and radius of each curve, together with elements necessary to mathematically define each curve. The point of beginning of the surveyor's description shall be shown as well as the remote point of beginning if different. A bearing; base shall refer to some well -fixed line, so that the bearings may be easily re-established. b. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by an existing monument or witness to the corner. c. Gross land area. d. Adjacent Property Owners. e. Identify all utilities and easements. All easements evidenced by Record Documents which have been delivered to the surveyor shall be shown, both those burdening and those benefiting the property surveyed, indicating recording information. If such an easement cannot be located, a note to this effect shall be included. Observable evidence of easements and/or servitudes of all kinds, such as those created by roads; rights-of-way; water courses; drains; telephone, telegraph, or electric lines; water, sewer, oil or gas 5 pipelines on or across the surveyed property and on adjoining properties if they appear to affect the surveyed property, shall be located and noted. If the surveyor has knowledge of any such easements and/or servitudes, not observable at the time the present survey is made, such lack of observable evidence shall be noted. Surface indications, if any, of underground easements and/or servitudes shalt also be shown. L The character and location of alt walls, buildings, fences, poles and other visible improvements on the property or within twenty-five feet of the boundary lines shall be noted. g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc... h. Driveways, alleys and other ways of access on or crossing the property must be shown. Where there is evidence of use by other than the occupants of the property, the surveyor must so indicate on the plat or map. Where driveways or alleys on adjoining properties encroach, in whole or in part, on the property being surveyed, the surveyor must so indicate on the plat or map with appropriate measurements. i. Topographic survey with a minimum of 1 foot topographic contour intervals. Contours shall extend a minimum distance of twenty-five feet beyond all property lines. Elevations shall be based on NAVD 88 vertical datum. j. Provide spot elevations at all critical points such as drainage breaks, high points, low points, etc. k. Size and type of water mains. 1. As accurately as the evidence permits, the location of cemeteries and burial grounds observed in the process of performing the field work for the survey, shall be shown. rn. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown. n. Observable evidence of site use as a solid waste dump, sump or sanitary landfill. o. Location of 100 year flood plain or a determination that none exists on the property. p. Manholes, catch basins, valve vaults or other surface indications of subterranean uses. q. Include Tree Survey to include the location of tree line, any beech, magnolia or walnut tree 24" or greater dbh, any other hardwood or pine tree 27" or greater dbh, and any dogwood, redbud or sourwood tree 8" or greater dbh (call out tree type, size, and show location on plat). r. The city may choose to evaluate the potential of an intersection improvement with the two legs of Thompson Road and Hopewell Road. The survey should include the two intersections of Thompson Road with Hopewell Road for a distance of 100 feet back from the intersection on south Thompson and along the entire frontage of Parcel 2c as well as 6 Hopewell Road between the two and for 100 feet on either side of each intersection. At a minimum this should include: i. Location of the right-of-way, ii. Topography, iii. Edge of pavement, iv. Visible utilities, v. Storm drainage, vi. Pavement markings. s_ Any other field information which may be determined to affect the development potential of the property. Deliverables: Written legal descriptions of the two parcels. Digital files of each survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) Digital file of the two parcels combined with the previous survey for Bell Memorial Park (DWG format). 3 hard copies of each parcel survey and legal description signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. No right of way plats, staking of centerline or right of way easement staking are included in this contract. TJ -Mull A 7 EXHIBIT B INSURANCE CERTIFICATE OP ID: LK '4r ✓' CERTIFICATE OF LIABILITY INSURANCE DATE IMYYY] o7r02112r12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyjiesf must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s}. PRODUCERCONTACT fi78-842-9901 The I3arkle Group, LLC fi78-842-9902 PD BD7t 126' Alpharetta, GA 30009 Lance K. Barkley NAME: Laura 5andiford PHONE fi78.842-9901 FAX 678-842-9902 A1C No Ext : A1C No1. ADDIEss. lsandiford@tbgins.com — PRODUCER CUSTMER ID 0: O N SI TE 1 INSURER SjAFFORDING COVERAGE NAIL M INSURED Onsite Civil Group, LLC 3506 Billingsley Drive Marietta, GA 30062 INSURER A! Hartford underwriters Insuranc 30104 INSURER B: Hartford Twin Ci Fire 2945'9 INSURER C: Lloyd's of London 44792 INSURER D: EACH OCCURRENCE $ 2,000,00 INSURER E X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxI OCCUR INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !LTR TYPE OF INSURANCE DnL uBR POLICY NUMBER MPOLICY ppIYYYY I POLICY EXP (MMIDDIYYYYJ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxI OCCUR 20$BMIN6206 04101112 04/01/13 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 300,00 MED EXP (Any one person) Is 10,000 PERSONAL & ADV INJURY $ 2,000,00 GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PICP AGG $ 4,000,00 PRO- ELOC POLICY 7 $ AUTOMOBILE LIABILITY (COMEa flBBIINNED SINGLE LIMIT $ 2,000,00 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per nowh my $ A X SCHEDULED AUTOS HIRED AUTOS 20SBMIN6206 04/01112 04101113 PROPERTY DAMAGE $ (Per accident] A X NON -OWNED AUTOS 20SBMIN6206 04/01112 04101/13 $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION VVC STATU-TH- B ANDEMPLOYERS, LIABILITY Y!N ANY PROPRIETORIPARTNERJEXECUTIVE ❑N1A OFFICER/MEMBER EXCLLDED7 (Mandatory In NH) 20WECVX7643 OW22J12 06122x13 TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00 H es, describe under DESCRIPTION OF OPERATIONS tlelow E. L. DISEASE - POLICY LIMIT $ 1,000,00 C Professional Liab. 'EL00-53.0187-2008 04101112 04/01/13 Per Claim 1,000,00 Aggreg. 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES {Attach ACORD 101, Additional Remarks Schedule, it more space is required) Engineers CERTIFICATE HOLDER CANCELLATION BLANK01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN For Info Purposes Only ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Lance K. Barkley © 1988-2009 AGOR❑ CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD STATE OF GEORGIA CITY OF MILTON EXHIBIT C CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form provided by the city and further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. E V 1 Basic Pilot Program User Identification Number uthorized Officer VAgent Date Ongi Civil Group, LLC Pre. 5" dC.ylf Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN SEF RE ME ON THIS THE DAY OF Junes , 201,2- `tj777111Nf11llfilff <<.••� SS A L /,Lt. . Notary PublicIs z�,4; 0��1551pNir�o��r•i M Commission Expires:_ ,�y m: 1 IduBL. : C7 _. G .7 9 ��,, Off• . f,••• COUNT"00 771s��,,• 4•krr IfH l µ p tll 7 M STATE OF GEORGIA CITY OF MILTON EXHIBIT E SAVE AFFIDAVIT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) 1 am a United States citizen. 2} I am a legal permanent resident of the United States. 3} I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided w'th this affidavit can best be classified as: &eO 1�!verifiable. document ri In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in (city), (state). Signature of Applicant Printed Name of Applicant SUBSCRIBED AND SWORN BEYORE MED IS THE DAY01P- W 20 NOT PUBLIC . My Commission Expires: ' �,s-.. .t�r• 11 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 30, 2012 Council Meeting Date: August 6, 2012 Agenda Item: Approval of a Professional Services Agreement between the City of Milton, Georgia and Universal Engineering Sciences, Inc. for Geotechnical Testing and Special Inspections related to the Development of the Public Safety Facility Discussion: The project is to provide material testing and special inspections for the construction of the Public Safety Facility. It also provides for additional geotechnical work to refine the seismic site class. Staff is recommending the approval of a professional services agreement between the City of Milton and Universal Engineering Sciences, Inc. in the amount of $24,000 to provided Geotechnical Testing and Special Inspections related to the development of the Public Safety Facility. Legal Review: Agreement – Paul Higbee, Jarrard & Davis on 7/9/2012 Financial: Funding for this project is available in Public Safety development budget Attachments: 1. Professional Services Agreement ("City of Milton 1�� PROFESSIONAL SERVICES AGREEMENT: CITY OF MILTON PUBLIC SAFETY FACILITY 13690 S'L'ATE HIGHWAY 9 GEOTECHNICAL TESTING AND EVALUATION This Agreement made and entered into this day of _ , in the year 2012, by and between The City of Milton, Georgia (sornetimes referred to herein as the "City") having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Universal Engineering Sciences, Inc. ("Consultant") having its principle place of business at 3040 Business Park Drive, Suite F, Norcross, Georgia 30.071. WHEREAS, the City of Milton twill require certain professional public works services for the evaluation of the property located, at 13690 State Highway 9; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts: of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein; the parties agree as follows: 1.0 Scope of Work; Compensation 1.1, The Consultant agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein by reference, for the compensation described therein and below. No payments will be made for unauthorized work, Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand - delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement far. costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a total fee not to exceed the following amounts (the "Contract Price") without prior written approval from the City: Task 1: Sheer Wave Velocity Testing $4,000 Task 2: Construction Materials Testing and Special Inspections $20,000 1% �V 4�City p£ Mplo� Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 1.2. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, ,adding, to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion tune. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable tinge to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. 13. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. 1.4. The City Manager has authority to execute without further action of the Milton City Council., any number of.change orders so long as their total effect does not materially alter the terms of this Agreement oy materially increase the total amount to be paid Lander this Agreement. Any such change orders materially altering the terins of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10;000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2,1. The Consultant is an. independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the perfomance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only .far the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts: or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility :for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the perfortnance or character of the services rendered pursuant to this Agreement Consultant shall defend, indemnify and hold harraaless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be 2 construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to .in.dcinni.fy and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the diaration of this Agreement, insi.irance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant. its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Li_rnits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness; disease or death, injury to or destruction of property; including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owtted, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or, negligent acts. (d) Workers' Conypcusation lin its as required by the State of Georgia and employers Liability limits of $1,000;000 per accident. (3) Deductibles and Self -Insured. Retentions: Any deductibles or, self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) Gencral. Liability and Automobile Liability Coverage. iCity Of mf.1r,n (i) '1'he City, its officials, employees, agents and volunteers are to be covered as insured as respects; liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to ttte City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self.=insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whore claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive.all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation. Coverage. The insurer will agree to waive all rights of subrogation against the. City, its officials, employees, agents and volunteers for losses arising from worse performed by the Consultant for the City. (e) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) A.cceptabilill of Insurers: Insurance is to be placed with insurers with. an A.M. Bests'rating of no less than ANIh rcti or Anon (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 'rhe certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any clairns-made insurance policy for at least six (6) years after termination or final .payment under the Agreement, whichever is later. (9) City as Additional frisured and Uss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from the: date of the written Notice to Proceed to the consultant and shall terminate absolutely and without further obligation on the part of the City on December. 31, 2012, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2012, shall automatically renew on January 1, 2013 to December 31, 2013. Except as otherwise provided for in Exhibit "A", the City may tenninate this Agreement upon .a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt fiom the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remaiva in the Consultant until #fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant .must obtain all necessary licenses and comply with local, state andfederal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. n 6Y of K1101 TO Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and puzpose, in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional. skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied" on any .representation, promise, nor inducement .not contained herein. 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual l n delivery when sent via national overnight cornmercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Scott Thomson, PE Universal Engineering Sciences 3040 Business Park Or, Suite P Norcross, Georgia 30071 16.0 No Personal Liability No member; official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's perfoiniance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any,personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the. City, respectively; and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Versify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perforin work on City contracts involving; the physical performance of services, Therefore, the City shall not enter into a contract for the physical perf©rmance of services within the State of Georgia unless the Contractor shall provide evidence on City -provided forin.s, attached hereto as Exhibits "I3" and "C" (affidavits regarding; compliance with fie E - Verify prograin to be sworn under oath under criminal penalty of false swearing pursuant to O.C_G.A. § 16-10- 71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify') program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "B"; and submitted such affidavit to City. In the event the Contractor employs or contracts with any s ihcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit "C" to the City within five (5) business days of receipt from any subcontractor. (A The City Manager or his/her designee shall be authorized to conduct an inspection, of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor"s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control .Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-9.1 and Rule 300-10-1-.02. Contractor's compliance with the requirements of O.C.G,A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit, attached hereto as Exhibit "Ii" and incorporated herein by this reference. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A, § 50-36-1.., the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal Status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies -that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "D", and submitted such affidavit to the City in person, electronically, or by nail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with, the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Ti im gration, Compliance Act (O.C.G.A. § 50-36-1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized oflicers as of the day and year set fbrth next to each signature. [SIGNATUKES ON THE FOLLOWING PACE] n �� � *�CAy cA i.•iitlon EXHIBIT "A" SCOPE OF WORK 10: n �C �c�yorrn,�an UNIVERSAL NdENGINEERING SCIENCES Consultants In: Geotechnical Engineering • Environmental Sciences Geophysical Services • Construction Materials Tasting • Threshold Inspection Building Inspection • Plan Revleo+ • Building Code Administration June. 28, 2012 City of Milton 13000 Deerfield Parkway, Suite 107G Milton; Georgia 30004 Attention: Mr. Carter Lucas; PE LOCATIONS' • Adanla • Daytona Bva.h • Fort Myers • rort r'lorce • Gsinasville • JaGcsanvifle • €mmee • Lensporg + Morn[ ❑rala • Orlando (Headquari9rs) • Palm Goasl • Panama City • Pensacofa • rtccl�led{�a • Sarasoa • Tampa • V1'eat Palm Beach Reference: Proposal for Shear Wave, Velocity Testing and Construction Materials Testing I Special Inspections Police and Fire Canter Highway 9, Milton, GA UES Proposal No. 1610:.0612.00032 Dear Mr. Lucas, PE: Universal Engineering Sciences (UBS) is pleased to present this proposal for construction and shear wave velocity testing for the aforementioned project in Milton, GA. Shear Wave Velocity Testin_q Universal Engineering Sciences will perforin Multi -channel Analysis of Surface Waves investigations at the project site to determine the IBC Seismic Classification of the site. Seismic Site Classification To determine the IBC Seismic Classification of the site, we propose that we collect Multi -Channel Analysis of Surface Waves (MASW) data along two transects in the approximate location of the proposed structure. Two perpendicular soundings will be collected in the vicinity of the proposed building, depending on the site access and terrain. The MASW data will be used to provide a 1-D profile of shear wave velocity down to 100 feet below ground surface. Upon completion of the fieldwork, the collected data will be processed and presented as an interpreted 1-D shear wave velocity profile for the top 100 feet below ground surface at each transect location. In addition to the 1-D profiles, the final report will include a brief description of the field work, data processing, and results. Deliverables • Map showing approximate locations of MASW profiles; • 1-D profiles of each MASW profile collected; and, • Written report presenting the investigation results and description of field methodology. 3040 Business Park Drive, Suite F l:; Norcross, Georgia 30079 u (770) 242-6438 U Fax (770) 242-6980 wvvw.Universal Engineering.coma Police and Fire Center UES Proposal 1610.0612.00032 Hwy 9, Milton, Georgia June 28, 2012 Compensation for Shear Wave Velocity Based on the scope of the geotechnical services, and the engineering services outlined above, we propose to complete the geotechnical exploration for a lump sum amount of $3,000.00. If it is determined that clearing is required, we can perform these services for a cost of $1,000.00. If additional services are required they will be invoiced according to the attached Fee Schedule. Construction Materials resting /Sgecrallnspections Services typically performed for project such as this can include the following: density testing during fill placement or utilities, proofrolling of subgrades, footing inspections, rebar inspections, concrete sampling and testing, density testing on Graded Aggregate Base, density testing on asphalt pavements, asphalt sampling and testing, masonry Inspections, steel inspections, NPDES monitoring, turbidity sampling and testing, and floor flatness and floor levelness testing. We will only perform those services as authorized by you or your designated representative. UES will not be responsible for scheduling our services and will not be responsible for tests that are not performed due to a failure to schedule our services on the project or any resulting damage. You will be charged for the actual number of units worked times the listed fee. The listed fees are attached on our fee schedule. For this project, we recommend a budget of $20,400.00 be established for the work. We request our services be scheduled a minimum of one working day in advance. All requests for servicesshould be submitted directly to Sara Grogan at 770-212-6438 x 11608. Scheduling should not be coordinated through our field personnel. Our services specifically exclude job site safety responsibility and our services do not relieve any contractor/subcohtractorfrom complying with project specifications. Closure We look forward to working with you on this project. Please do not hesitatee to contact us if we can be of further assistance. Thank you for the opportunity to service your project. Sincerely, Univer al En ire i g Sciences, Inc. Scott D. Thomson, P.E. Branch Manager Page 2 of 6 Police and Fire Center Hwy 9, Milton, Georgia UES Proposal 1610,0612.00032 June 28, 2012 CONSTRUCTION MATERIALS TESTING SERVICES FEE SCHEDULE UES, INC, • Atlanta, GA UES Proposal No. 1610.0612.00032 TECHNICIAN SERVICES 1, Engineering Technician for soil density testing and general concrete sampling/testing, per hour..................................,....................,...............:,.$40.00 2. Engineering Technician - Overtime - for soil density testing and general concrete sampling/testing, per hour_.. ......................... __ .............. ................ 3. Certified Metals Inspector, per hour ................... .........•....................... ................,.$85.00 4, Mileage_......................,......,..,..,..........................,..............,..,,........................,..............,.,.......$0.50 PROFESSIONAL SERVICES 1. Staff Professional I Field Engineer, per hour......................................................................•....575.00 2. Senior Professional Engineer, per hour, ...... .......... w ... .............. ........ - ........... ........ ....... $95.00 3. Principal Engineer, P.E.per hour.................................................................... ................$120.00 4. CAD Drafting Services, per hour ............................................ . .......$45.00 5. Subcontract Services......................................................... ......,..... Cost +15% LABORATORY AND FIELD TESTING SERVICES 1. Standard Proctor Compaction Test, each...............................................................................$95.(10 2. Modified Proctor Compaction Test, each..............................................................................$105.00 3. Stone content correction for aggregate Proctor curves.... ............... .................. ........... $20.00 4. GAB Stone Gradation, each .................................................... -- .............................. ................ $75.00 5. No. 200 Wash, each...................................................................................... ,........................$40.00 6. Grain Size Tests (With lash 200 Sieve), each.. ........$60.00 7. Grain Size Tests (With Hydrometer), each- ........... I ....... ---...'..1'...- .. $90.00 6. Atterberg Limits Test, each.. ....... ....... .................. $60.00 8. Natural Moisture Content Test, each... ....................................... ...,........... ........................ ..-$8.00 10, Compressive Strength of 6"x12" or 4"x8" concrete cylinders (Note E), each.......................„...$8.00 11. Flexible Strength of Concrete Beams, each...........................................................................$35,00 12. Compressive Strength of Concrete Core Samples, each ................................. ....................... $20.00 13. Specific Gravity/Density of Asphalt Cores, each ......... ............................ ................... ....... __....$25.00 14. Extraction I Gradation ;'per test ...............................................................................................$280.00 15. Grout and Mortar Samples, core and compressive strength, each.....................................,..$10,00 16. Nuclear Density Gauge rental, per day... . .... .... ........... _ ........................... ............................ $40;00 17. Coring Equipment and Generator,, per day_ _ ....... ............. _ ...... _._ ............ .......,.-,.$175.00 18. Bolt Torque Wrench and Skidmore, per hour...........................................................................$5.00 19. Floor Flatness and Floor Levelness Equipment, per placement. .... ................. __ ............ $860.00 20. R -Meter; per day,..... ................................................................................................................$25.00 21. NPDES Monitoring, per month (includes 2 turbidity samples, one initially, and one at 90 days)..................................,.,.......................,..............,........................... ....................$900.00 22. Turbidity Sample, per sample... ....... ......... ....... __ ......... __ .... _ ... ........ .............................. $76.00 NOTES. A. Overtime rates will be 1.5 times the regular rate indicated for labor. B. Overtime includes all time in excess of 8 hours per day, 40 hours per week, Saturdays, Sundays and Holidays, prior to 6 A.M. or after 6 P.M. C Minimum charge of 4 technician hours per trip. D, A 10% Administrative Fee will be added to each invoice, for review and typing of reports, and miscellaneous administrative functions. E. A $3.00 / cylinder surcharge will be added for cylinders made by others, Page 3 of 6 SIGNED, SEALED, AND DELIVERED in the presence of: - Attest: , Secretary ld.otary Public [NOTARY SEAL] My Commission Expires: Universal Signature: Mark Israe [AFFIX CITY OF MILTON: By: Its: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: [CITY SEAL] 9 n �� �; Cay�d AIYIon �"�r• ptK��u EA rrrrrrrunrrfrr.: DEBQ-',AH r,rrFail�:uwrrfrrerrrrirrr A,l V)kUGHN Carnt# WOW ' Expirb ,j' �Qj.� '•• r hu��ufc. Florida Notar ' ,. 11r•rr Y�rr�i �fi .•rff...................rr�rrf r4 CITY OF MILTON: By: Its: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: [CITY SEAL] 9 n �� �; Cay�d AIYIon I BIT "B" S'T'ATE OF GSA R-,-, A CITY OF NHT'$N CONTRACTOR AFFIDAVIT AND AGREENIFNT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is, contracting with, the City of Milton has registered with and is participating in a federal work authorization program, in accordance with flit applicability provisions and deadlines established in O.C.G.A. S 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s). in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such. subcontractors) similar verification of compliance with O.C.G.A. § 1.3-10-91 on. the Subcontractor. Affidavit provided in Rule 300-10-01-.08 in the form provided by the City. Contractor fuOer agrees to maintain records 'of'sucli compliance and provide a copy of each such verification to the City of Milton At the time the subcontractor(s) is retained to perform such service. EEV / Basic Pilot'Prograin '(user Id ntification Number B_Y_Authoriz46f171er or. Agent Date thiiversal Engi eering Sciences, Inc. Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED .AND SWORN BEFORE ME ON THIS THE DAY OF -2012 Notary Public My Commission EXpir s e.rrrwrneerennenreereerreerrereeeeerrrueer DEBORAH A. VAUGHN ,a?�4,�Yii� Comm# DD0895850 :- Expires 7/10/2013 ?Gu ` M1eere F=lorida Note i rerJe ese� eeeereeeer resncoae ........... 11 NATE OF GROIM.IA CITY OF MILTON EXHIBIT"'C" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C:G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Universal Engineering Seiences� Inc. on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions'and deadlines established iit O,C.G.A. § 13-10-91: EEV /Basic Pilot Program User ilei 'fication Number BY: A�ctlyorized ()Ricer or Agent Date •l/ G / Pls'" � Sir ellG� [Insert Subcontractor Name] Title of Authorized dOOf icer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN ......... .....at...a..a........,...,.a..,a..a DEBORAH A. VAUGHiV e BEFORE ME ON THIS THE DAY OF e ��' nnoa'�as5o �9�: _ �. Expires 711 0) 2 0 1 8 Oy +7..... �iS71j'19 iJf1LT.,. .. ....... Notary Public My Commission Expires. 12 ratyn d thaw STATE OF GEO'ff'A R -W -�-l CITY OF MN—,T4AF U r 4" L EXIIIBIT "D„ SAVE AFFIDAVIT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36- 1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) �� I am a United States citizen. 2) 1 am a legal permanent resident of the United States. 3) 1 am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency The undersigned applicant also hereby verifies that lie or she is IS years of age or older and has provided at least one secure and verifiable document, as required by O.C.G. A,, § 50-36-l(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In nxaking the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A- § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in (city),2t:i _.(st te). SUBSCRIBED AND SWORN BEFORE ME ON TkI15///'.l RE DAY OF. 2012 NOTARY PUBLIC My Commission Expires: A RrQiy of Mon 5igluature of App liiccan-t� Printed Name of Applicant ren•.••••..""'...............n............ DEBORAH A. VAUGHN 6"ti Mr+R!�. Comm# ODOB95850 I11W2013 ... r...pa..ua:.... +..n ................ 13 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 30, 2012 Council Meeting Date: August 6, 2012 Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Strickland Pipeline and Construction, Inc. for a Stormwater Repair on Thompson Road. Discussion: This project is for the repair of a 24” RCP storm line under Thompson Road. Severe erosion at the downstream end of the pipe has caused the last several sections of pipe to be separated from the remaining structures. This project will repair this system as well as the erosion downstream to stabilize this section of storm line. In accordance with the city procurement procedures an invitation to bid was issued to secure a qualified contractor to complete this project. Strickland Pipeline and Construction, Inc. was determined to be the lowest reliable bidder and staff is recommending approval of a Construction Services Agreement with Strickland Pipeline and Construction, Inc. in the amount of $39,414. Legal Review: Jarrard & Davis, LLP – Paul Higbee 7/18/2012 Financial: Funding for this project is available in the capital Repair Major Stormwater Structures fund. Attachments: 1. Construction Services Agreement +(City of Milton CONSTRUCTION SERVICES AGREEMENT FOR THOMPSON ROAD (N-14875) STORM DRAIN SYSTEM IMPROVEMENTS This Agreement (the "Agreement') to provide intersection pedestrian improvements is made and entered into this _ day of , 2012, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), Strickland Pipeline and Construction, Inc., a Georgia corporation with its principal place of business located at 1 009 Upper Burris Road, Canton, Georgia 30114-4157 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued a Request For Bid Thompson Road (N-14875) Storm Drain System Improvements, to solicit bids for drainage improvements at various locations within the City; and WHEREAS, based upon Contractor's bid to construct and to install the storm drain and shoulder improvements as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement ( 17 Pages); B. Request For Bid RFB (5 Pages), attached hereto as Exhibit "A"; C. Proposal and Bid from Contractor dated (1 Page), attached hereto as Exhibit "B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Plans and specifications, attached hereto collectively as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit 'T"; H. Save Affidavit, attached hereto as Exhibit "G"; The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and T. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Proiect Description This project includes the construction of drainage and road shoulder improvements at the location of an existing 24" RCP located on Thompson Road in the City of Milton. The project includes installation of new pipe, headwalls, junction boxes, slope improvements, and erosion and sediment control measures as shown on the attached plans. The contractor is responsible for all erosion and sediment control measures and for re -shaping the shoulders and slopes, and re- establishing a vegetative ground cover. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 45 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 2 Section 5 Contractor's Compensation; Time and Method of Payment Contractor shall be paid in one lump sum for the full agreed -to contract amount of $39,414. The City shall pay Contractor upon Final Completion of the Project as such is determined by the City, net thirty (30) days from the date of invoice. No payments will be made for unauthorized work. Upon the City's certification of Final Completion of the Project, an invoice should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand - delivered. Section G Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. 3 B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform. the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably 4 should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative Thomas N. Strickland, Jr. shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive 1.1 termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. 3_ Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perforin the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (14) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against n claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary 7 noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreemcnt, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (5) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) ClaimN-Made Policies: Contractor shall extend any claimN-made insurance policy for at least six (b) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall 0 provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a 10 secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to Q.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "G", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform, Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 54-36-1). M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. 11 N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. FReservedj R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon 12 completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City_ Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section S Covenants of the Ci A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. City's Representative Jim Seeba shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warrantv Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor 13 shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall 14 constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Strickland Pipeline and Construction, Inc. 1009 Upper Burris Road Canton, Georgia 30114-4157 F. Sovereign Immunily. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G_ Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; 15 (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 16 [Strickland Pipeline and Constructi C.] ..... _... __.. ........................ _.................... Signsturc Print jisx m Mute [AFFIX CORPORATE SEAL] SIGNED_ SEALiQD. AND DELIVERED In the presence o;. itne N ary Hwic ki 6 [NOTARY SEAL] � MM4�ng �ssia f 3 , MILTON CITY COUNCIL: ❑e Lockwood, Mayor [CITY SEAL] SIGNE,I). SEALE D, AND DELIVERED In tite presence of: Witness Notary Public [NOTARY SEALI My Commission Expires: Secretary of Owner should attest Give proper title of each person -executing :tf'ffdavit. Attach seal as required. 17 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on July 25, 2012, for the August 6th, 2012 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Southern Actuarial Services Company, Inc. for Defined Benefit Pension Plan Review. Discussion The purpose of this contract is to receive additional actuarial review from an independent actuary on the long-term viability and stability of our defined benefit pension plan. The actuary is to: (1) Review the most recent actuarial valuation report and provide comments on the plan's current funded status, current contribution level, and assumptions and methodology used to determine the annual contribution. (2) Provide a recommendation of any alternative assumptions and/or methods to determine the City's ongoing pension contribution. In particular, provide a recommendation as to whether the City's contribution is "on target" or whether it should be increased or decreased based on alternative assumptions or methods. (3) Prepare a straightforward PowerPoint presentation for the City Council and attend a work session to explain findings with respect to the defined benefit pension plan. (4) Discuss with City Council the current level of benefits under the defined benefit plan and whether this level of benefits is more or less than is typically provided by comparable cities. Funding and Fiscal Impact Human Resources has funds budgeted for this study. Legal Review Paul Higbee, Jarrard & Davis, LLP - July 11, 2012 Concurrent Review Chris Lagerbloom, City Manager /nom City of Milton PROFESSIONAL SERVICES AGREEMENT - SHORT FORM AGREEMENTS $10,000.00 OR LESS Pension Actuarial Services Th�is Professional 0 ofessional Services Agreement (the "Agreement") is made and entered into this l ( day of -�— 2012-; by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Southern Actuarial Services Company, Inc. (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Wor1C'); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": Exhibit A -Work Description Exhibit 13- Insurance Certificate Exhibit C -Consultant Affidavit and agreement Exhibit D -Subcontractor Affidavit Exhibit E -SAVE Affidavit To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as Pension Actuarial Seryices. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work and make a presentation to City Council on August 13, 2012. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's Page 1 of 5 receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $3000 (the "Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assi¢nment of Aereement Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses. Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory Page 2 of 5 bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the. Work by Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant's Representative: Chuck Carr shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. If. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section S. Termination: The City may ternimate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. E -Verify Affidavits. It is the policy of the City of Milton that unauthorized aliens shall not be employed in perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Consultant shall provide evidence on City -provided forms, attached hereto as Fxhibit "C" and "D', that it and Consultant's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process to determine that the verification was correct and complete. The Consultant and Consultant's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical Page 3 of 5 performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Consultant's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10.91 and Rule 300.10-1-.02 is mandatory Consultant agrees that, in the event the Consultant employs or contracts with any subcontractor(s) in connection with this Agreement, the Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Consultant's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300.10.1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "C" The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. SAVE Affidavit and Secure Verifiable Document. Pursuant to O.C.G.A. § 50.36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Consultant's legal status in the Country each time that Consultant obtains a public benefit, including any contract, from the City. Consultant hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "E", and submitted such affidavit to the City in person, electronically, or by mail. Further, Consultant verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Consultant's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act)- Consultant verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). M WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 4 of 5 [Southern Actuarial Services Company, Inc] Signature: Title: G [AFF[X CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Primed Name: Page 5 of 5 Exhibit "A" Work Description From: Chuck Carr fmailto,ccarrOciosasco.coml Sent: Tuesday, June 05, 2012 2:54 PM To: Sam Trager Subject: RE: Fee quote for special consulting services Oh yes, I just forgot to put that on the list. Consider it added! Chuck From: Sam Trager fmailto:Sam.TraoerOcitvofmiltonaa.usl Sent: Tuesday, June 05, 2012 9:47 AM To: Chuck Carr Subject: RE: Fee quote for special consulting services Thanks Chuck—The only other point might be something about our plan design and setup — will you be able to provide a little insight on that as well? From: Chuck Carr rmailto:ocarr(alaosasco.coml Sent: Thursday, May 24, 2012 4:59 PM To: Sam Trager Subject: Fee quote for special consulting services Hi Sam. I enjoyed speaking with you earlier today. Pursuant to our conversation, I am writing this email to provide a brief summary of my understanding of what you guys need by way of special consulting for the defined benefit pension plan and an estimate of our fee. Although the current plan actuary (Rocky Joyner) has already explained the pension costs and liabilities to the City Council, there is some concern that an outside independent review is warranted. Therefore, I would do the following: (1) Review the most recent actuarial valuation report and provide comments on the plan's current funded status, current contribution level, and assumptions and methodology used to determine the annual contribution. (2) Provide a recommendation of any alternative assumptions and/or methods to determine the City's ongoing pension contribution. In particular, I will provide a recommendation as to whether the Citys contribution is "on target" or whether it should be increased or decreased based on alternative assumptions or methods. (3) Prepare a simple straightforward PowerPoint presentation for the City Council and attend a work session to explain my findings with respect to the defined benefit pension plan. (4) Discuss with the City Councilors the current level of benefits under the defined benefit plan and whether this level of benefits is more or less than is typically provided by comparable cities. Hopefully, I've covered everything, but If I've left out anything, please let me know! Our fee for this project will be based on an hourly time charge. I estimate that our fee will not exceed $3,000 for this project. If it appears that our fee will be more than $3,000, then I will let you know well in advance and you can decide whether you would like for me to continue working or to stop working. As we discussed, we do not bill our clients for "work -in -progress" and, if you are not completely satisfied with the work that we have done for you, then we will waive our fees entirely. We do not require a contract for services. However, we are happy to enter into any mutually agreeable contract that the City may require for this purpose. Please let me know one or two alternate dates for meeting with the City Councilors as my calendar usually fills up several weeks in advance. Thanks for your interest and I look forward to working with you in the coming weeks. If you have any questions or if you need anything else, do not hesitate to call me. Chuck Carr Consulting Actuary Southern Actuarial Services Company, Inc. P. O. Box 888343 Atlanta, GA 30356-0343 (770) 392-0980 x102 Exhibit `B" Insurance Certificate STATE OF GEORGIA CITY OF MILTON EXHIBIT "C" CONSULTANT AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form provided by the City. Consultant further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV / Basic Pilot Program User Identification Number CA'—� .1. c . BY: Authorized Officer or Agent Date Southern Actuarial Services Company, Inc. Title of Authorized Officer or Agent of Contractor CA-'' k s 1. Com„' Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 11 DAY OF (tLIU 201 Z Not yNot y Public I My Commission Expires: Notary Public, Bartow County, peppy My Commission Fires Nov. 9. 2012 STATE OF GEORGIA CITY OF MILTON EXHIBIT "If SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual. firm or corporation which is engaged in the physical performance of services under a contract with Southern Actuarial Services Company, Inc. on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Insert Subcontractor Name Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201_ Notary Public My Commission Expires: STATE OF GEORGIA CITY OF MILTON EXHIBIT "E" SAVE AFFIDAVIT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: I) '� I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-I(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: lk.n O>.,",: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 1610-20, and face criminal penalties as allowed by such criminal statute. Executed in�G4t'I`t"` C-1 SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 11 DAY OFu�, 2012 caa LA. NO ARY PUBLIC My Commission Expires: Notary Public, Bsmo County, 138-918 My Commission Expires Nov. 9, 2012 (city), GJ- (stats). Signature of Applicant Printed Name of Applicant City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: David Frizzell Date: Submitted on July 20, 2012, for the August 6th, 2012 Regular Council Meeting Agenda Item: Approval of a Contract Renewal between the City of Milton and AT&T for Broadband Services Discussion Currently the City of Milton has two Metro-E circuits supporting Public Safety operations in cooperation with Alpharetta. This renewal continues the existing service and will lock in lower rates for that service. Funding and Fiscal Impact The cost for both circuits has been budgeted. There will be no change in the IT budget for the new contract. Legal Review Paul Higbee, Jarrard & Davis, LLP – June 20, 2012 Concurrent Review Chris Lagerbloom, City Manager Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms Pursuant to the AT&T Interstate Guidebook Case Number GA11-4069-05 Page 1 of 8 AT&T and Customer Confidential Information CUSTOMER (“Customer”) AT&T (“AT&T”) CITY OF MILTON Street Address: 13000 DEERFIELD PKWY, ROOM 107G City: MILTON State: GA Zip Code: 30004- Billing Address Street Address: 13000 DEERFIELD PKWY City: MILTON State: GA Zip Code: 30004- For purposes of this Service Agreement, AT&T means the Service Provider specifically identified herein. CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices Name: RYAN O’SHAUGHNESSY Title: Telephone: 404-495-4200 Fax: - - Email: Street Address: 13000 DEERFIELD PKWY, ROOM 107G City: MILTON State: GA Zip Code: 30004- Name: RYAN O’SHAUGHNESSY Title: AE Telephone: 404-495-4200 Fax: - - Email: RO142J@ATT.COM Attention: Assistant Vice President Street Address: 2180 Lake Blvd., 7th Floor City: Atlanta State: GA Zip Code: 30319 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com This Service Agreement (“Agreement”) is between AT&T and Customer. The Parties acknowledge and agree that this Agreement represents individually negotiated rates, terms, and conditions that are offered to Customer because of the unique or specialized conditions of the AT&T business services purchased by Customer. References to “Agreement” refer to this Agreement and any attachments attached hereto, and referencing this document. ADDITIONAL TERMS AND CONDITIONS. THIS AGREEMENT IS SUBJECT TO THE AT&T INTERSTATE GUIDEBOOK (“GUIDEBOOK”) FOUND AT www.att.com/servicepublications, CONTAINING PRODUCT DESCRIPTIONS, TECHNICAL INFORMATION, DEFINITIONS, AND AT&T TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO CUSTOMER’S INDEMNIFICATION OBLIGATIONS, LIMITATIONS ON AT&T LIABILITY, AND OTHER LEGAL PROVISIONS THAT AFFECT CUSTOMER’S RIGHTS UNDER THIS AGREEMENT. BY SIGNING THIS AGREEMENT CUSTOMER ACKNOWLEDGES AND EXPRESSLY AGREES TO BE BOUND BY SUCH ADDITIONAL TERMS AND CONDITIONS. The Guidebook, as modified from time to time, is incorporated into this Agreement by reference. Unless defined herein, capitalized terms shall have the meanings defined in the Guidebook. Service Provider: AT&T Georgia Offer Expiration: This offer shall expire on: 8/30/12. Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Name: Name: Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms Pursuant to the AT&T Interstate Guidebook Case Number GA11-4069-05 Page 2 of 8 AT&T and Customer Confidential Information Title: Title: Date: Date: Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms Pursuant to the AT&T Interstate Guidebook Case Number GA11-4069-05 Option 1 of 1 Page 3 of 8 AT&T and Customer Confidential Information GENERAL TERMS AND CONDITIONS The following terms and conditions apply to the Services subscribed to by Customer under this Agreement. 1. DEFINITIONS “Cutover Date” is the date, with respect to any new Service provisioned under this Agreement, when such Service is first provisioned or otherwise available for Customer’s use pursuant to this Agreement. “Commingling” means the connecting, attaching or otherwise linking of an unbundled network element, or a combination of unbundled network elements, to one or more facilities or services that a requesting telecommunications carrier has obtained a t wholesale from AT&T, or the combining of an unbundled network element, or a combination of unbundled network elements with one or more such facilities or services. Commingling of Services provided under this Agreement is prohibited. “Effective Date” of this Agreement is the date on which the last party signs this Agreement, unless a later date is required by regulation or law. “Service Component” means an individual component of a Service provided under this Agreement. 2. GENERAL DESCRIPTION OF SERVICE TO BE PROVISIONED, INSTALLED AND MAINTAINED The Service(s) described below are provided solely by the AT&T entity(ies) identified above and are not jointly provided with any other carrier. Service(s) are provided pursuant to the terms and conditions set forth in the Guidebook, as well as AT&T’s Business Service Agreement (BSA) found at www.att.com/servicepublications (which includes all documents incorporated by reference in the BSA). If there is a conflict between this Agreement and the Guidebook or BSA, this document will take precedence. Service Description Metro Ethernet Service Metro Ethernet (ME) is a high speed packet transport that is based on Ethernet transmission parameters. ME provides various transport capabilities that range from 2 Mbps through 1Gbps in Basic, Premium, Dedicated, and Virtual arrangements. 3. TERM START DATE; AGREEMENT TERM: PROVISION OF SERVICES AFTER AGREEMENT TERM (a) Agreement Term. For the Service(s) offered under this Agreement, the Term Start Date shall be the Effective Date of this Agreement (if this Agreement covers any existing Services) or, if this Agreement covers only new Services, the Term Start Date shall be the later of (i) the Cutover Date of the first Service to be installed under this Agreement, or (ii) the end of the Ramp-up Period (if any) specified in Section 10.1 below. The term of this Agreement shall be twelve (12) months after the Term Start Date (“Agreement Term”). Rates or discounts under this Agreement shall be applied on the Term Start Date. Unless otherwise specified herein or in the Guidebook, Services offered under this Agreement may be purchased at any time during the Agreement Term. New or additional Services may not be purchased under this Agreement after the end of the Agreement Term. (b) Minimum Service Term. The rates and charges specified in this Agreement shall apply to any new Service(s) purchased under this Agreement during the Agreemen t Term, and to any existing Services incorporated into this Agreement, until the expiration of the applicable minimum service term for such Service(s) (“Minimum Service Term”). Upon the expiration of the Minimum Service Term, no rates or discounts provided under this Agreement will apply to the Service(s). For the Service(s) provided under this Agreement, upon expiration of the Minimum Service Term, Customer will have the option to either (a) cease using the Service(s) (which will require Customer to take all steps required by AT&T to terminate the Service(s)), or (b) continue using the Service(s) on a month -to-month service arrangement, during which the prices in the Agreement will automatically be changed to the then-current monthly extension rates (if any) or month-to-month rate specified in the applicable Guidebook. After expiration of the Minimum Service Term, AT&T may modify rates, terms and conditions applicable to the Service(s) on thirty (30) days notice. The Minimum Service Term for any Service(s) purchased under this Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms Pursuant to the AT&T Interstate Guidebook Case Number GA11-4069-05 Option 1 of 1 Page 4 of 8 AT&T and Customer Confidential Information Agreement shall twelve (12) months, and shall start upon the Effective Date of this Agreement (for any existing Services) or upon the Cutover Date (for any new Services). This Agreement will expire when Service(s) or Service Compon ent(s) are no longer provided under this Agreement. (c) Compliance with O.C.G.A. § 36-60-13. Notwithstanding any terms to the contrary, and in accordance with Georgia law, the initial Agreement term shall begin on the Term Start Date specified in this Ag reement and shall continue until December 31, 2012. The Agreement will be automatically renewed on January 1, 2013 for a partial year renewal period that will expire 12 months from the Term Start Sate specified in this Agreement, unless Customer notifies A T&T in writing, no less than 90 days prior to December 31, 2012, that the Agreement will not be renewed for the time remaining in the previously mentioned 12 - month period. Upon AT&T’s receiving said notice of non -renewal, the Agreement shall terminate absolutely and without further obligation on the part of either party, effective the last day of the calendar year. This Agreement does not presently provide for Customer’s purchase of supplies, materials, equipment, or other personal property; however, in the event of any such purchase by Customer under this Agreement, title to any such supplies, materials, equipment, or other personal property shall remain in AT&T until fully paid for by Customer. 4. ADDITIONAL SERVICES, INSTALLATION, ADDS, MOVES AND CHANGES Unless otherwise stated herein, for all moves and changes of any Service provided hereunder, Customer will pay the prevailing Guidebook nonrecurring charge, plus any additional cost recovery that may be assessed. If the Service or Service Component is available only under an individual case pricing, then for all moves and changes of any Service provided hereunder Customer will pay AT&T’s price for such move or change, as determined by AT&T at the time of the move or change. Any additional services other than the Service(s) provided under this Agreement will be provided at the prevailing Guidebook rates, terms and conditions unless otherwise mutually agreed in writing, and must be purchased under either a separate Agreement or an amendment to this Agreement, signed by both Customer and AT&T. “Upgrade in Service” is defined as: upgrade to a higher bandwidth capacity for Service(s) listed in this Agreement. Upgrade i n Service permitted under this Agreement is defined by Service Category in Section 4.1 below an d limited to Upgrade in Service within the specified category of Service. If the equipment and facilities (such as outside plant, cable, capacity and memory ) are available, Service provided herein as requested by Customer as an Upgrade will be provided at the monthly rates set forth in Section 10.2 below for the duration of the Minimum Service Term for the Service receiving the Upgrade, but shall be subject to any applicable nonrecurring charges at prevailing Guidebook rates. If the equipment or facilitie s are not available, special construction charges may apply. For an Upgrade, Customer will be responsible for payment for the Upgraded Service in lieu of the charge for Service receiving the Upgrade, but downgrade of any Service(s) will result in terminat ion liability charges as identified elsewhere within this Agreement. Upgrades may be purchased at any time during the Agreement Term. “Add” is defined as: additional Service(s) or Service Component(s) that may be ordered and provided under this Agreemen t which ride on or are otherwise dependent upon or part of the specific Service(s) initially purchased by Customer as identifie d in this Agreement. Adds permitted under this Agreement are defined by Service Category in Section 4.1 below and limited to Adds within the specified category of Service, and are subject to availability of equipment and facilities. Customer will be responsible for payment for the Adds in addition to any Service(s) initially or subsequently installed under this Agreement. Adds will be provided at the monthly rates set forth in Section 10.2 below for the duration of the Minimum Service Term for the Service with which the Add is associated, but shall be subject to any applicable nonrecurring charges at prevailing Guidebook rates. If the equipment or facilities are not available, special construction charges may apply. Adds may be purchased at any time during the Agreement Term. 4.1 Add & Upgrade Capability Service Category Add & Upgrade Capability Metro Ethernet Service Upgrade in Bandwidth is allowed as described in Section 4 above. Adds to Service listed in this Agreement are allowed as described in Section 4 above. 5. PRICING The Customer must pay the prevailing Monthly Rates listed in the applicable Section of the Guidebook. The Customer will receive a credit (“Reward Credit”) in an amount equal to the difference between the prevailing Guidebook Monthly Rates and the applicable Monthly Rates specified in Section 10.2. The Monthly Rates identified in Section 10.2 are the Mo nthly Rates Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms Pursuant to the AT&T Interstate Guidebook Case Number GA11-4069-05 Option 1 of 1 Page 5 of 8 AT&T and Customer Confidential Information after the Reward Credits have been applied at the preparation date of this Service Agreement. Reward Credits will be applied monthly, in arrears. Taxes, if applicable, will be charged on the corresponding Monthly Rates listed in the Guidebook , but will not be included in the Reward Credits applied to the Customer’s bill. For the purposes of this Section, the prevailing Guidebook Monthly Rates shall be deemed to be the rates set forth in Payment Plan A (such reference to such Payment Plan is solely for the purpose of designating the rates payable under this Agreement; Customer is not subscribing to such Payment Plan under this Agreement). 6. TAXES & OTHER CHARGES 6.1 Other Rate Elements. Any rate elements not described herein will be subject to the applicable rates and charges outlined in the Guidebook. 6.2 Additional Charges and Taxes. Rates set forth in this Agreement and the Guidebook are exclusive of, and Customer will pay, all current and future taxes (excluding those on AT&T’s net income), surcharges, recovery fees, custom clearances, duties, levies, shipping charges, and other similar charges (and any associated interest and penalties resulting from Customer’s failure to timely pay such taxes or similar charges) relating to the sal e, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides satisfactory proof of a valid tax exemption prior to the delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due to AT&T, Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty, and Customer will furnish AT&T with such evidence as may be required by relevant ta xing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 7. TERMINATION BEFORE EXPIRATION OF MINIMUM SERVICE TERM (E.G., TERMINATION FOR CONVENIENCE) 7.1 If Customer terminates Service(s), in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, prior to the Cutover Date, the Customer must reimburse AT&T for all expenses incurred in processing the Order and installing the required equipment and facilities completed up to the date of termination, and termination liability as provided in this section below shall not apply. 7.2 If Customer terminates Service(s), in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, on or after the Cutover Date but before the scheduled completion of the Minimum Service Term applicable to such Service(s), Customer shall pay a termination liability of an amount equal to (a) all unpaid nonrecurring charges (including nonrecurring charges that were waived or incorporated into the monthly recurring rates), (b) fifty percent (50%) of the monthly rates for the terminated Service(s) as set forth in this Agreement, multiplied by the number of months remaining in the minimum term applicable to such Service(s) at the time of termination, and (c) any unpaid special construction liabilities . 7.3 Unless otherwise stated herein, Service(s) provided under this Agreement must remain at the location(s) listed in Section 11 or in such other locations the Service(s) are installed for the entire Minimum Service Term applicable to such Service(s). If Customer fails to maintain the Service(s) provided under this Agreement at the locations required under the preceding sentence for any reason other than default by AT&T, Customer shall be liable for termination charges calculated in the manner specified in this Section. 8. ADDITIONAL PROVISIONS 8.1 Materially Adverse Changes. If AT&T revises the Guidebook and the revision has a materially adverse impact on Customer, and AT&T does not effect revisions that remedy such materially adverse impact within thirty (30) days after notice from Customer, then Customer may, as Customer’s sole remedy, elect to terminate the affected Service Components on thirty (30) days notice to AT&T, given not later than ninety (90) days after Customer first learns of the revision to the Guidebook. However, a revision to the Guidebook will not be considered materially adverse to Customer if it changes prices that are not fixed (stabilized) in this Agreement, if the price change was mandated by a governmental authority, or if the charge is affected by Additional Charges and Taxes as provided in Section 6 of this Agreement; or if the revision is to Part 3 Sections 2, 4, 5, 7 and/or 13 of the Guidebook. Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms Pursuant to the AT&T Interstate Guidebook Case Number GA11-4069-05 Option 1 of 1 Page 6 of 8 AT&T and Customer Confidential Information 8.2 Access Right. Customer will in a timely manner allow AT&T to access property and equipment that Customer controls as reasonably required to provide the Services, and Customer will obtain, at Customer’s expense, timely access for AT&T to property that Customer does not control (other than public property) as reasonably required to provide the Services. Access rights include the right to construct, install, repair, maintain, replace and remove access lines and network facilities, as well as to use ancillary equipment space within a building, as necessary for Customer’s connection to AT&T’s network. Customer must provide AT&T timely information and access to Customer’s facilities and equipment as AT&T reasonably requires to provide the Services, subject to Customer’s reasonable security policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and other items reasonably required to perform installation of the Services , and obtain any necessary licenses, permits and consents (including easements and rights-of-way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. 9. SERVICES AND JURISDICTION CERTIFICATION Customer acknowledges and certifies that the total interstate traffic (including Internet traffic) on the Service(s) constitutes more than ten percent (10%) of the total traffic on the Service. 10. CUSTOMER COMMITMENT AND RATES 10.1 Customer Commitment SERVICE QUANTITY COMMITMENT Customer must purchase and maintain the following Service(s) within three (3) months after the Effective Date of this Agreement at a minimum in the quantities of Services listed below (“Minimum Quantity Requirement”): Service Minimum Quantity Requirement Metro Ethernet Service (2 CIRCUITS) At the Effective Date and no less than annually on the anniversary of the execution of this Agreement, AT&T will review the quantity of Services purchased and maintained pursuant to the requirements of thi s Agreement to determine if the Minimum Quantity Requirement for each Service listed above has been met and is being maintained during each month of the Agreement. Services for which Customer has not been billed, or billed and Customer has not paid, will n ot contribute to the Minimum Quantity Requirement. Failure on the part of AT&T to perform this review shall not be considered a waiver of this provision. For each month of the term of this Agreement that the quantity of Services is less than the applicab le Minimum Quantity Requirement, Customer shall be billed a commitment shortfall. The commitment shortfall for such service shall be equal to the Minimum Quantity Requirement minus the quantity of installed Services multiplied by the rates set forth in th is Agreement (“Commitment Shortfall”). Termination charges will not apply upon disconnection of a Service where Customer will incur a Commitment Shortfall for the disconnection of that Service. The nonrecurring charges identified in Section 12 below are waived for the installation of new Services (but not for moves, adds or changes as described in Section 4 above) installed after the Effective Date of this Agreement. Upon disconnection of any Service for which Customer will incur a Commitment Shortfall o r a termination liability charge as specified above, and for which these charges were waived at installation, Customer will be charged nonrecurring charges, as identified in Section 12 below, in addition to Customer’s obligation to pay the Commitment Short fall for the remainder of the Agreement Term and any termination liability charges incurred as provided herein. 10.2 Rates The Rate Elements (aka Service Components), Nonrecurring Charges, Monthly Rates, and USOCs for the Service provided under this Agreement are listed in the ‘RATES AND CHARGES’ section below. Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms Pursuant to the AT&T Interstate Guidebook Case Number GA11-4069-05 Option 1 of 1 RATES AND CHARGES Page 7 of 8 AT&T and Customer Confidential Information Rate Elements Non-Recurring Monthly Rate USOC 1 eCARS CNUM ____________________ (Tracking number for Ordering and Billing purposes only.) $.00 $.00 N/A 2 Metro Ethernet Service, Basic Service Arrangement, 10 Mbps Basic Connection, per connection (Reward Credit applied to prevailing Guidebook Monthly Rate.) $.00 $630.00 MTEBA Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms Pursuant to the AT&T Interstate Guidebook Case Number GA11-4069-05 Option 1 of 1 Page 8 of 8 AT&T and Customer Confidential Information RATES AND CHARGES NOTES: 11. SERVICE LOCATIONS AND MSAs 11.1 Address SERVICE LOCATION (street address and City) Metro Ethernet Service 13000 Deerfield Pkwy, Milton 2565 Old Milton Parkway, Alpharetta, GA 11.2 Applicable MSAs The pricing under this Agreement is only available for Service(s) provided in the following Metropolitan Statistical Areas (MSAs), as well as at the specific service locations (if any) identified above which may be located outside of the following MSAs: Atlanta, GA 12. WAIVED NONRECURRING CHARGES Per Section 7 above (and, if applicable, Section 10.1 above), Customer shall pay a termination liability or (if applicable) a Commitment Shortfall charge of an amount equal to all unpaid nonrecurring charges, including nonrecurring charges that were waived as stated below. USOC Description Nonrecurring Charge - Case Preparation Charge $423.00 All AT&T trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 Recognizing American Taekwondo Association World Champion Cameron Comrie WHEREAS, Milton 14-year-old Cameron Comrie began her martial arts career in March, 2005 at Karate Atlanta, an American Taekwondo Association School of the Year in 2012, and studied hard for seven years to learn Songahm Taekwondo , and; WHEREAS, in that time, Comrie has risen to the rank of third -degree black belt, and; WHEREAS, Comrie routinely competes in national, state and local tournaments in order to gain ranking among other practitioners of Taekwondo – a dedication that saw her take 4th place in traditional forms in the American Taekwondo Association (ATA) World Championships last year, and; WHEREAS, in 2011 and 2012, Comrie gained state titles in forms, sparring and we apons, and went into the World Championships ranked top ten in the world in the categories, and; WHEREAS, due to her tournament wins, Comrie came into the World Championships ranked first in the world among traditional forms for 12- to 14-year-olds with 2nd and 3rd degree black belts – one of the most competitive divisions, and; WHEREAS, Comrie took the World Championship title after a flawless routine that showcased her mastery of the Songahm 82-move form, and; WHEREAS, through her hard work, Comrie has shown tremendous focus, discipline and confidence in her abilities, and; WHEREAS, Comrie is a champion not only in the gym, but in the classroom, in the community and in life and we are proud she is from Milton, Georgia. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate Monday, August 6, 2012 as AMERICAN TAEKWONDO ASSOCIATION WORLD CHAMPION CAMERON COMRIE DAY in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 6th Day of August, 2012. (Seal) _______________________ Joe Lockwood Mayor City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 1 of 2 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: July 25, 2012 Re: RZ12-11 – To amend Article XVI, Signs as it relates to moving signs and replacing the current name “Crabapple Crossroads Overlay District Signs” to “Crabapple Form Based Code Overlay District Signs”. RZ12-12 – To amend Section 64-2371 to create permit expiration standards as it relates to land disturbing activities. (First Presentation - August 6, 2012, Work Session – August 13, 2012, Final Presentation – August 20, 2012) CMO (City Manager’s Office) Recommendation: To approve the text amendment to provide a utilization period for all building and building trade permits issued for projects within the City Limits. Background: From time to time Staff recognizes that the Zoning Ordinance requires amendments to existing regulations to conform to new planning documents such as the newly adopted Crabapple Form Based Code as well as enhance existing regulations to assist Staff in their day to day responsibilities. Below are two text amendments for the City Council’s review and recommendation. The Planning Commission heard these items at their July 24, 2012 meeting. Both items were recommended for approval with some minor changes which are reflected with yellow highlights. Discussion: RZ12-11 – To amend Article XVI, Signs as it relates to moving signs and replacing the current name “Crabapple Crossroads Overlay District Signs” to “Crabapple Form Based Code Overlay District Signs”. This text amendment proposes to prohibit moving signs that are held by people. Currently the definition of signs does not include signs held by people. Therefore, the definition has been amended to reflect this situation. In addition, within Sec. 64-2295, signs held by a person except during demonstrations, assemblies and public gatherings have been added to prohibited signs. The Planning Commission recommended to include signs worn by a person or animal and to include costumes to be prohibited. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 2 of 2 The other change in this text amendment is to replace the existing title of the “Crabapple Crossroads Overlay District Signs” with “Crabapple Form Based Code Signs”. Staff has also deleted the previous overlay district map with the new one that reflects the geographic area of the Crabapple Form Based Code. The Planning Commission recommended that “Overlay District be included in the new title to read “Crabapple Form Based Code Overlay District Signs”. RZ12-12 – To amend Section 64-2371 to create permit expiration standards. Currently, the Zoning Ordinance does not provide a mechanism for the extension and expiration of Land Disturbance Permits. This proposed text amendment will provide the tool to the Community Development Staff to extend the permit, if necessary to be completed. The Planning Commission recommended approval with some minor changes to the wording of the text amendment but without changing the intent. Alternatives: The Mayor and City Council may choose to approve, deny or defer this item. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney (July 2012) RZ12-11 – Text Amendment to Article XVI – Signs Prepared for the Mayor and City Council Meeting on August 6, 2012 (First Presentation) Yellow highlighted changes recommended by Planning Commission Page 1 of 7 Formatted: Highlight Article XVI - Sec. 64-2241. - Definitions. Sign means any device, fixture, placard, or structure affixed to, supported by, or suspended by a stationary or moving object, building or the ground or held or worn by a person or animal that uses any color, form, graphic, illumination, symbol, costume or writing to communicate information of any kind to the public. Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight RZ12-11 – Text Amendment to Article XVI – Signs Prepared for the Mayor and City Council Meeting on August 6, 2012 (First Presentation) Yellow highlighted changes recommended by Planning Commission Page 2 of 7 Formatted: Highlight Sec. 64-2295. - Prohibited signs and devices. The following types of signs are prohibited in the city: (1) Moving signs, sandwich boards and signs applied directly to sidewalk or curb, balloons, streamers or air or gas filled figures and other similar temporary signs (except where specifically allowed). (2) Signs held or worn by a person or animal except during demonstrations, assemblies, and public gatherings. (23) Beacons, search lights, laser lights or images (except where specifically allowed). (34) Audible signs. (45) Signs in right-of-way, other than those belonging to a government, public service agency, or railroad. (56) Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or traffic control box and cell towers. (67) Roof signs, marquee signs. (78) Portable signs, except that signs posted in the window of a vehicle, totaling one square foot, shall be permitted, unless the vehicle is parked within a nonresidential district or AG-1 (Agricultural) developed with a nonresidential use, with the intent to sell that vehicle. (89) Obscene signs. (910) Illegal activity signs. (1011) Signs not maintained. (1112) Abandoned signs. (1213) Animated signs, flashing signs, rotating signs, and changeable copy signs. (1314) Imitation traffic signs. (1415) Graffiti. (1516) Sign kiosks. (1617) Signs attached to or painted on natural objects. (1718) Temporary signs and banners attached to fences or walls (except where specifically allowed). (1819) Internally illuminated window signs, including neon (except where specifically allowed). (1920) Signs in landscape strip, unless approved by the city arborist. (Ord. No. 12-02-128, § 1, 2-22-2012) Formatted: Highlight Formatted: Highlight RZ12-11 – Text Amendment to Article XVI – Signs Prepared for the Mayor and City Council Meeting on August 6, 2012 (First Presentation) Yellow highlighted changes recommended by Planning Commission Page 3 of 7 Formatted: Highlight Sec. 64-2325. - Crabapple Crossing Form Based Code Overlay District signs. In the Crabapple Crossroads Form Based Code Overlay District the following signage standards shall apply: (a) Freestanding signs. (1) All freestanding signs must meet the following standards: a. Signs shall not have changeable copy including, but not limited to, scrolling, rotating, flashing, and computerized changeable copy. Theatres, schools, churches, parks and gas stations may have changeable copy that is changed manually. b. If illumination is used, the sign shall be externally illuminated. The light shall be screened from view with evergreen plantings as approved by the community development department director. c. The sign structure shall be constructed of wood, brick or stone or a material which has the appearance of wood, brick, or stone as approved by the community development department director and to the extent possible shall be the same material as the predominant material of the principal building. d. The sign face and sign letters shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood or stone as approved by the community development department director. Plastic inserts are prohibited. e. The sign may be supported either on one side or on both sides (i.e., shingle sign). (2) For nonresidential multitenant building and developments, freestanding signs must meet the following standards: IMAGE NOT FOUND:\file1.municode.com45924-2325-071.jpg a. The maximum height shall be eight feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. c. There may be one sign per right-of-way frontage and it shall be located at a project entrance. (3) For nonresidential single tenant buildings, freestanding signs must meet the following standards: IMAGE NOT FOUND:\file1.municode.com45924-2325-072.jpg RZ12-11 – Text Amendment to Article XVI – Signs Prepared for the Mayor and City Council Meeting on August 6, 2012 (First Presentation) Yellow highlighted changes recommended by Planning Commission Page 4 of 7 Formatted: Highlight a. Maximum height shall be six feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. c. There may be one sign per right-of-way frontage, and it shall be located at a project entrance. (4) For residential uses, freestanding signs must meet the following standards: a. Maximum height shall be six feet from finished grade. b. Each residential development may have a maximum of two, 12 square foot freestanding signs, which shall not exceed a total of 24 square feet, or one, 16 square foot sign, per entrance. (b) Wall signs must meet the following standards: (1) Wall signs shall not have changeable copy. (2) If illuminated, wall signs shall be externally illuminated and directed downward. (3) Wall sign shall not cover architectural features or details and not extend beyond the roof line. Wall signs can hang from the building. (4) Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. (5) A business may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall not exceed three percent of the applicable wall area. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. (6) Single tenant buildings and end units of multitenant buildings may have an additional wall sign. Businesses whose primary entrance faces an interior parking lot or courtyard may have an additional wall sign. The maximum size for either of these signs shall not exceed three percent of the applicable wall area. (7) A business may have an additional sign perpendicular to the wall with a maximum sign area size of four square feet. IMAGE NOT FOUND:\file1.municode.com45924-2325-073.jpg (c) Other signage. (1) Permanent and temporary signs in windows shall not exceed 20 percent of each window. No window signs are allowed in clerestory windows. In no case shall window signs exceed ten percent of the total wall area of the applicable elevation. Notwithstanding the prohibitions contained in subsection (r) below, each commercial establishment shall be entitled to a maximum of two internally RZ12-11 – Text Amendment to Article XVI – Signs Prepared for the Mayor and City Council Meeting on August 6, 2012 (First Presentation) Yellow highlighted changes recommended by Planning Commission Page 5 of 7 Formatted: Highlight illuminated window signs. If the establishment has a single internally illuminated window sign, the sign may be a maximum of four square feet in size and may be neon or LED illumination. If the establishment has two internally illuminated window signs, neither sign may be larger than two square feet in size and only one may be neon or LED, while the second may be of other illumination. All internally illuminated window signs shall be position on the interior as a window sign, not more than ten feet from the floor, with at least one sign being not more than five feet from the main public entrance to the commercial establishment. None of the internally illuminated window signs may blink, flash, fluctuate or be animated in any way. Internally illuminated window signs may only be illuminated during the time the commercial establishment is open to the public for business. (2) A business may have one sandwich board sign. Sign shall be: a. Single or double faced; b. Metal or wood framed (no plastic); c. Black or green, chalkboard type face; d. Located per ADA compliance (minimum 36 inches from the building); no more than ten feet from building; e. Located so as not to impede pedestrian or vehicular traffic; f. Not placed in tree island or landscape strip; g. Maximum height of four feet, six square feet per panel; h. Brought inside at the close of business. (d) Sign structure colors. Permitted colors for Crabapple CrossroadsForm Based Code Overlay District sign structures shall be limited to those listed in the table below. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 2C-7C 289C 316C 401-405C 407-412C 423C 424-425C 448-450C 4485U 4495C RZ12-11 – Text Amendment to Article XVI – Signs Prepared for the Mayor and City Council Meeting on August 6, 2012 (First Presentation) Yellow highlighted changes recommended by Planning Commission Page 6 of 7 Formatted: Highlight 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 4491C 497 553 5536 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835 625U 627U Warm Grey 5-7C Warm Grey 8-11 (e) The following types of signs are prohibited: (1) Monument; (2) Pylon, pole, lollypop, projecting signs; (3) Roof, marquee; (4) Electronic or manual reader boards, changeable copy signs; (5) Any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated; (6) Portable, excluding sandwich signs; (7) Posters, placards. _____ RZ12-11 – Text Amendment to Article XVI – Signs Prepared for the Mayor and City Council Meeting on August 6, 2012 (First Presentation) Yellow highlighted changes recommended by Planning Commission Page 7 of 7 Formatted: Highlight IMAGE NOT FOUND:\file1.municode.com45924-2325-074.jpg CRABAPPLE CROSSROADSFORM BASED CODE OVERLAY DISTRICT MAP. (Ord. No. 12-02-128, § 1, 2-22-2012) _____ Formatted: Font: f_Arial_Greek STATE OF GEORGIA COUNTY OF FULTON ORDINANCE________ AN ORDINANCE TO AMEND ARTICLE XVI OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE – SIGNS) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on August 20, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Article XVI, in regards to amending the definition of signs, prohibited signs and changing the title for the existing “Crabapple Crossroads Overlay District Signs” to the new “Crabapple Form Based Code Overlay District Signs” is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 20th day of August, 2012 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 1 of 2 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: July 25, 2012 Re: RZ12-11 – To amend Article XVI, Signs as it relates to moving signs and replacing the current name “Crabapple Crossroads Overlay District Signs” to “Crabapple Form Based Code Overlay District Signs”. RZ12-12 – To amend Section 64-2371 to create permit expiration standards as it relates to land disturbing activities. (First Presentation - August 6, 2012, Work Session – August 13, 2012, Final Presentation – August 20, 2012) CMO (City Manager’s Office) Recommendation: To approve the text amendment to provide a utilization period for all building and building trade permits issued for projects within the City Limits. Background: From time to time Staff recognizes that the Zoning Ordinance requires amendments to existing regulations to conform to new planning documents such as the newly adopted Crabapple Form Based Code as well as enhance existing regulations to assist Staff in their day to day responsibilities. Below are two text amendments for the City Council’s review and recommendation. The Planning Commission heard these items at their July 24, 2012 meeting. Both items were recommended for approval with some minor changes which are reflected with yellow highlights. Discussion: RZ12-11 – To amend Article XVI, Signs as it relates to moving signs and replacing the current name “Crabapple Crossroads Overlay District Signs” to “Crabapple Form Based Code Overlay District Signs”. This text amendment proposes to prohibit moving signs that are held by people. Currently the definition of signs does not include signs held by people. Therefore, the definition has been amended to reflect this situation. In addition, within Sec. 64-2295, signs held by a person except during demonstrations, assemblies and public gatherings have been added to prohibited signs. The Planning Commission recommended to include signs worn by a person or animal and to include costumes to be prohibited. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 2 of 2 The other change in this text amendment is to replace the existing title of the “Crabapple Crossroads Overlay District Signs” with “Crabapple Form Based Code Signs”. Staff has also deleted the previous overlay district map with the new one that reflects the geographic area of the Crabapple Form Based Code. The Planning Commission recommended that “Overlay District be included in the new title to read “Crabapple Form Based Code Overlay District Signs”. RZ12-12 – To amend Section 64-2371 to create permit expiration standards. Currently, the Zoning Ordinance does not provide a mechanism for the extension and expiration of Land Disturbance Permits. This proposed text amendment will provide the tool to the Community Development Staff to extend the permit, if necessary to be completed. The Planning Commission recommended approval with some minor changes to the wording of the text amendment but without changing the intent. Alternatives: The Mayor and City Council may choose to approve, deny or defer this item. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney (July 2012) RZ12-12 – Text Amendment to Section 64-2371 – Development Regulations Prepared for Mayor and City Council Meeting on August 6, 2012 (First Presentation) Yellow highlighted changes recommended by Planning Commission Page 1 of 1 Formatted: Font: 11 pt, Not Bold Formatted: Space After: 0 pt Formatted: Font: 11 pt, Not Bold Formatted: Font: 11 pt, Not Bold Formatted: Font: 11 pt, Not Bold Formatted: Font: 11 pt, Not Bold Sec. 64-2371- Permit expiration for land disturbing activities. Permits for land disturbing activities shall be valid for two years. Work must begin within 180 days of issuance of the permit or otherwise the permit shall expire. Permits for Pprojects which have achieved substantial completion may be extended at the discretion of the Director of Community Development, not to exceed one additional year from the expiration date of the permit provided that the permit holder issues with the issuance of a performance bond equal to 125% of the estimated cost of completion of the project. Secs. 64-23712372—64-2389. - Reserved. Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Strikethrough Formatted: Highlight Formatted: Strikethrough STATE OF GEORGIA COUNTY OF FULTON ORDINANCE________ AN ORDINANCE TO AMEND SECTION 64-2371 TO CREATE PERMIT EXPIRATION STANDARDS OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on August 20, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Section 64-2371, in regards to creating permit expiration standards as it relates to land disturbing activities is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 20th day of August, 2012 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) Prepared by the Community Development Department for the Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012 7/27/2012 Page 1 of 10 HISTORIC PRESERVATION STAFF REPORT NOMINATED PROPERTY INFORMATION PROPERTY NAME MILTON COUNTRY STORE/FORMER HARDEMAN’S COUNTRY STORE ADDRESS 15260 Hopewell Road DISTRICT, LAND LOT 2/2, 534 OVERLAY DISTRICT NORTHWEST FULTON EXISTING ZONING AG-1 ACREAGE .524, Parcel 1 NOMINATOR(S) City of Milton Historic Preservation Commission ADDRESS 13000 Deerfield Parkway Milton, GA 30004 PHONE 770.242.2539 PROPERTY OWNER(S) Reunion Park, LLC c/o J. David Chatham ADDRESS 5780 Windward Parkway, Suite 300 Alpharetta, GA 30004 PHONE 678.624.2900 Prepared by the Community Development Department for the Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012 7/27/2012 Page 2 of 10 AERIAL VIEW/SITE LOCATION MAP Prepared by the Community Development Department for the Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012 7/27/2012 Page 3 of 10 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ANGELA RAMBEAU 678.242.2539 SITE— Beginning in the early 1950’s, the building was used as a country general store, serving the local community. LOCATION— Located within Land Lot 534, at the corner of Hopewell and Thompson Roads. The store is located on the same parcel as a 1950’s ranch house. (The ranch house is not currently up for historic designation.) Legal description of the area surrounding the store Prepared by the Community Development Department for the Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012 7/27/2012 Page 4 of 10 CONDITION— The structure is in excellent condition. It was renovated in 2006/2007. Currently vacant. AGE— The original structure was built in the early 1950’s. The porch and a new roof were added during the 2006 renovation. INTEGRITY OF HISTORIC FEATURES— The structure is in its original location. The original store was wood framed with wood clapboard construction. It sits on a stacked stone pier foundation. There were two gas pump in front of the store, and a propane tank on the side of the building. These have been removed. The store was renovated in 2006/2007, when a metal roof and a porch were added. Updated plumbing, HVAC, and electrical systems were installed at this time. During renovation, the structure and floor plan of the original building remained unchanged. Replacement materials and the porch materials were sourced from old barns and other period structures. CONTRIBUTING ELEMENTS— The original store structure. NONCONTRIBUTING ELEMENTS— The porch addition. The metal roof. STATEMENT OF SIGNIFICANCE— The City of Milton Historic Preservation Ordinance offers several reasons why a site may be deemed worthy of preservation by reason of value to the City of Milton. …It possesses an outstanding example of structures representative of its era. Commonly built between the 1890’s and the 1930’s, community stores were typically front gabled with covered porches and sometimes parapet roof. The storefronts were normally symmetrical—a central entrance flanked by windows, and the sides were typically lighted with small windows toward the top, above the shelves lining the interior. The 1, 200 square foot subject structure is similar in shape, construction, style and setback to the typical crossroads “country store” that sprang up in rural communities throughout the country. The size, orientation, setback and scale of the building are integral elements of preservation of a crossroads community. The simple vernacular architectural style showcases a gable roof. Originally shingle, it is now metal. Originally, the front door was covered by a small shed roof awning. The exterior is clapboard siding with stacked stone piers. The footprint of the structure (other than the addition of the porch) and floor plan of the original building remain unchanged. Prepared by the Community Development Department for the Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012 7/27/2012 Page 5 of 10 …It is the site of natural, archeological, or aesthetic interest that contributes to the cultural or historical development and heritage of the municipality, county, state or region. A typical country store such as Hardeman’s, would be located on one of the area’s main travel/supply routes. The rule of thumb was that it served customers within a 5 mile radius, about an hour’s ride by horse and wagon. The stores sold everything from soda, candy and tobacco products, to the staples, including flour and meal, sugar and, eggs, to hardware and farming supplies, such as nails and vegetable seeds. Kerosene was also a big seller, since the typical rural community did not receive electric power until the late 40’s, and kerosene lamps remained popular. Gas pumps served the rural community as the automobile became more popular. Like Hardeman’s, the country store also served as a gathering place for a game of checkers, or for exchanging gossip and the latest news. As was common for similar establishments, the proprietor’s home is located on the same tract. The 1,835 square foot ranch home is located behind the store building. Prepared by the Community Development Department for the Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012 7/27/2012 Page 6 of 10 Hardemon Country Store, original condition Hardeman Country Store, Current Condition Prepared by the Community Development Department for the Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012 7/27/2012 Page 7 of 10 More photos of the store, 2012 Prepared by the Community Development Department for the Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012 7/27/2012 Page 8 of 10 Prepared by the Community Development Department for the Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012 7/27/2012 Page 9 of 10 Prepared by the Community Development Department for the Historic Preservation Commission/City Council Joint Public Hearing on July 16, 2012 7/27/2012 Page 10 of 10 LETTER OF APPROVAL FROM GA DNR Page 1 of 5 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON HD12-01 AN ORDINANCE TO DESIGNATE HARDEMAN COUNTRY STORE PROPERTY AS A HISTORIC PROPERTY; TO PRESCRIBE THE BOUNDARIES OF SUCH HISTORIC PROPERTY; TO REQUIRE A CERTIFICATE OF APPROPRIATENESS FROM THE CITY OF MILTON HISTORIC PRESERVATION COMMISSION PRIOR TO ANY MATERIAL CHANGE IN THE EXTERIOR APPEARANCE OF THE HISTORIC PROPERTY AS SHOWN ON THE OFFICIAL ZONING MAP OF THE CITY; REPEALING CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular session on the _____ day of ______________, 2012 as follows: Whereas, the Council of the City of Milton, Georgia (“City Council”) has established the Milton Historic Preservation Commission (“Commission”) in and for the City by its Historic Preservation Ordinance Number 12-04-133 (“HPC Ordinance”) on April 23, 2012, and Whereas, pursuant to its purposes under the HPC Ordinance establishing the Commission, the Commission has recommended to the Council the establishment of a historic property in the City, and Whereas, the Commission’s recommendation to the City Council of the historic property comes after an owner-initiated application for designation, and Whereas, the Commission and the City Community Development Department Staff have prepared a report setting forth the physical description of the proposed historic property; a statement of significance; a statement of justification for the proposed property; a map showing the property boundaries and classification of individual structures therein, and Page 2 of 5 Whereas, the City Council upon consideration of the report of the Community Development Staff and recommendation of the Commission finds that the proposed historic property is a geographically definable area containing buildings, structures, sites, objects, landscape features or works of art or a combination thereof which are an outstanding example of a structure representative of an era, or one of the few remaining examples of a past architectural style, or a site or structure associated with an event or person of historic or cultural significance, or a site of natural or aesthetic value that is continuing to contribute to the historical or cultural development and heritage, and Whereas, the hereinafter described land should be designated as a local historic property within the City of Milton, Georgia, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Milton, Georgia, as follows: SECTION 1 PURPOSE In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people; and in order to maintain historic structures and to protect and enhance local historical and aesthetic attractions to residents and tourists and thereby promote and stimulate business; and in order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law; and in order to provide for designation, protection, preservation, and rehabilitation of historic properties and to participate in federal or state programs to do the same; and in accordance with the HPC Ordinance to establish a Historic Preservation Commission in the city, to provide for issuance of a Certificate of Appropriateness, to provide for an appeals procedure, to repeal conflicting ordinances, and for other purposes; The City Council hereby declares it to be the purpose and intent of this ordinance to designate a historic property in a geographically definable area containing buildings, structures, sites, objects, landscape features or works of art or a combination thereof which are an outstanding example of a structure representative of an era, or one of the few remaining examples of a past Page 3 of 5 architectural style, or a site or structure associated with an event or person of historic or cultural significance, or a site of natural or aesthetic value that is continuing to contribute to the historical or cultural development and heritage of the City of Milton, Georgia. SECTION 2 DESIGNATION OF PROPERTY AND BOUNDARY DESCRIPTION From and after the passage of this Ordinance the following described land as shown on the attached map is and shall be designated locally as historic for the City of Milton, Georgia and be included within the H-Historic district pursuant to the Zoning Ordinance. Physical Boundary Description PARCEL 1 (STORE) SECTION 3 HISTORIC PROPERTY AND OWNERSHIP THEREOF The owner of the property located at 15260 Hopewell Road, which is to be locally designated as historic, is shown on the current tax records to be Reunion Park, LLC. Page 4 of 5 SECTION 4 HISTORIC PROPERTY BOUNDARIES ON THE OFFICIAL ZONING MAP Upon designation, the Historic Property shall be shown on the official zoning maps of the City of Milton, Georgia and kept as a public record to provide notice of such designation. SECTION 5 CERTIFICATE OF APPROPRIATENESS Upon the effective date of this Ordinance no material change in the exterior appearance of any structure, site, object or work of art upon the designated Historic Property shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a Certificate of Appropriateness has been submitted to and approved by the City of Milton Historic Preservation Commission. SECTION 6 REPEAL OF CONFLICTING PROVISIONS All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 7 SEVERABILITY If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless is clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional. SECTION 8 EFFECTIVE DATE The effective date of this Ordinance shall be upon approval by the Council of the City of Milton, Georgia. Page 5 of 5 SO ORDAINED this _____ day of ___________________, 2012. Approved: _______________________ Joe Lockwood, Mayor Attest: _______________________________ Sudie AM Gordon, City Clerk (SEAL) (SEAL) City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Matt Marietta, Fire Marshal Date: Submitted on July 9, 2012 for the August 6, 2012 Regular Council Meeting Agenda Item: Approval of a Resolution to Approve the Submission of a Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program to Purchase a NFPA Compliant Cleaning and Maintenance System for Firefighters’ Protective Clothing City Manager’s Office Recommendation Adopt the attached resolution approving the submission to the Department of Homeland Security’s “Assistance to Firefighters” grant program authorizing the request for funding to provide a cleaning and drying system designed specifically for firefighters’ turnout gear. This project is in support of the new fire station. Background The purpose of the “Assistance to Firefighters Grant” (AFG) is to award grants directly to fire departments to enhance their abilities to equip field personnel in the performance of their general duties. The program allows fire service agencies to apply for various capital budget items, including firefighter safety and wellness initiatives. The protective ensemble known as “turnout gear” worn by our firefighters is specialized equipment that requires specific care to ensure the integrity of its flame, chemical, and heat resistance qualities. We do not currently have a means of conducting this service in-house. Discussion This grant request involves a firefighter safety-related purchase—specifically, a cleaner/extractor and dryer for PPE—that coincides with the construction of our new station, and will serve for the entire department (our 3 current stations do not have a NFPA-appropriate means of cleaning PPE either). Over the past 5 years we have maintained our turnout gear by sending it out to be professionally repaired and cleaned any time there has been a major issue (usually a significant tear or burn). However, regular cleaning after fires and other hazardous incidents has posed a problem. This essential part of ensuring that our protective ensemble is safe and effective for our firefighters has had to take a back seat to more urgent problems because we have no on-site method of cleaning it. To try to meet this need, we have had all of our shift supervisors trained in proper care and inspection of turnouts. What we have learned in these inspections serves as the primary basis for the risk analysis supporting this grant. These routine inspections have revealed that only the most serious deficiencies are addressed. Time and budget constraints make routine/after-fire cleanings very difficult: we currently have to ship turnouts to a 3rd party for cleaning/repair, and have often had to rent gear to use until the firefighter’s gear is retuned. This is a cumbersome process, can easily become cost prohibitive, and more often than not, results in turnouts either not being cleaned as they should, or cleaned City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 Page 2 of 2 in an improper manner (though we do not allow it, I cannot rule out that the gear is being cleaned by firefighters in residential washers or in some other unsafe manner). This project is thus focused on providing firefighters in the new station (and in the other three stations) a way to care for their gear in a way that significantly reduces the hazardous exposure to chemicals, toxins, and potentially flammable residue on our most important pieces of equipment. Funding and Fiscal Impact This grant project requires $18,100 to complete and integrate it into the station project as it is being built. Included in this fund amount are the purchase, shipping, and installation ($1450) of NFPA complaint washer ($8200) and drying cabinet ($7300). The project carries a 10% match, so it will cost the department $1,810 if awarded. Even if not funded by FEMA, this purchase would provide an essential service to the safety of Milton’s firefighters and would be less expensive than a comprehensive, regular cleaning program via third party service. Alternatives We can continue to provide this service by sending it out to a cleaning company. We can also purchase this item directly as part of the new station project. Concurrent Review Chris Lagerbloom, City Manager Bob Edgar, Fire Chief STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COUNCIL TO APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF HOMELAND SECURITY FOR THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM TO PURCHASE A NFPA COMPLIANT CLEANING AND MAINTENANCE SYSTEM FOR FIREFIGHTERS’ PROTECTIVE CLOTHING THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in regular session on the 6th day of August, 2012 as follows: WHEREAS, the Department of Homeland Security makes available funding under the Assistance to Firefighters Grant (AFG) program; and WHEREAS, such funds are awarded directly to fire departments to enhance their ability to protect first responders and the public by funding support materials and equipment; and WHEREAS, the primary goal of the AFG grant program is to assist local fire departments’ capabilities by providing equipment to ensure that departments have adequate protection from fire and fire related hazards and that firefighters health and safety is maximized; and WHEREAS, the funding, if awarded, shall be used to purchase a washer and drying cabinet system specifically designed to clean and maintain our firefighters’ protective ensemble, or “turnout gear;” and WHEREAS, evidence authorizing the acceptance of said application may be provided to assist in the application process. NOW, THEREFORE BE IT SO RESOLVED, this 6h day of August, 2012 by the Mayor and Council of the City of Milton that the submission of the Department of Homeland Security’s Assistance to Firefighters Grant application is hereby approved; and if awarded the Mayor is hereby authorized to execute the award package with directives under the Department of Homeland Security. RESOLVED this 6th day of August, 2012. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Matt Marietta, Fire Marshal Date: Submitted on July 25, 2012 for the August 6, 2012 Regular Council Meeting Agenda Item: Approval of an Application to the Department of Homeland Security for the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program City Manager’s Office Recommendation Adopt the attached resolution approving the submission of an application to the Department of Homeland Security’s Staffing for Adequate Fire and Emergency Response (SAFER) grant program requesting funding of nine additional firefighters to provide service in the Deerfield/Highway 9 area, and authorizing the Mayor to execute all required grant documents should the grant be awarded. Background The purpose of the SAFER program is to award grants directly to fire departments to enhance their abilities to protect first responders and the public by funding frontline firefighters. The primary goal of the program is to assist local fire departments’ staffing and deployment capabilities in order to respond to emergencies, assuring that departments have adequate protection from fire and fire related hazards. Currently, this includes a minimum of 15% of the total funds allocated for hiring of firefighters to expand current programs (as opposed to staving off layoffs and brownouts, which is also a focus of the program in the current economic climate). The City of Milton has been operating under a SAFER Grant successfully for the past four years, providing substantial funding for three of our current firefighters. We have had good success with the program, and have managed the transition from federally-funded to City- funded salaries (which would be our goal with this grant also, if it is awarded) through our normal budgeting process. Discussion The SAFER grant process is a very competitive process with limited funds available to be awarded and a current focus on preventing layoffs. The funding priorities as outlined by the Department of Homeland Security are programs that comply with staffing, response, and operational standards established by the National Fire Protection Association (NFPA) and the Occupational Safety and Health Administration (OSHA). Grant funding will be awarded to agencies who demonstrate: • Reduction in response times per NFPA 1710, which mandates 15 firefighters on scene of a structure fire within 8 minutes of alarm time; • Economically meeting the OSHA standard of “two in and two out,” which is a requirement that for every two firefighters placed in an environment that is immediately dangerous to life and health, there are two additional firefighters outside City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 to provide emergency rescue if it becomes necessary (this is one of the bases for the standard of staffing each fire engine with at least four firefighters); • Need for hiring due to operational analysis justifying the positions; • Significant increases in population according to the 2010 census and sharp economic decline resulting in staffing layoffs are two highlighted justifications for funding. This grant project looks specifically to the opening of the new station and seeks to supplant possible costs associated with providing better service to the Highway 9 area, in accordance with ISO recommendations and operational analysis conducted by the fire department. Funding and Fiscal Impact The request for federal funds of $104,000 per position to provide nine firefighter salaries over the two year grant period are as follows: Total M/O Budget Impact FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Salary and Benefit Costs 468,000 486,720 506,189 526,436 547,494 569,394 Federal Share 468,000 486,720 - - - - Ancillary Costs 27,000 5,000 5,200 5,408 5,624 5,849 Total Operating Impact for Milton $27,000 $ 5,000 $511,389 $531,844 $553,118 $575,243 The additional costs listed include turnout gear purchase, uniforms, and various maintenance costs associated with firefighting personnel that are not covered by the SAFER grant. Alternatives Without the supplemental funding from SAFER for additional firefighters, the alternatives would be to delay hiring of additional personnel for added apparatus until later budget cycles. Concurrent Review Chris Lagerbloom, City Manager Robert Edgar, Fire Chief Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION TO APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF HOMELAND SECURITY STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT PROGRAM WHEREAS, the Department of Homeland Security makes available funding under the SAFER grant program; and WHEREAS, such funds are awarded directly to fire departments to enhance their ability to protect first responders and the public by funding front line firefighters; and WHEREAS, the primary goal of the SAFER grant program is to assist local fire departments’ staffing and deployment capabilities in order to respond to emergencies, assuring that departments have adequate protection from fire and fire related hazards; and WHEREAS, the City of Milton has applied for funding through this program; and WHEREAS, the funding, if awarded, shall be utilized to hire up to nine entry level firefighters with a three-year employment commitment; and WHEREAS, evidence authorizing the acceptance of said application must be provided. NOW, THEREFORE BE IT SO RESOLVED, this 6h day of August, 2012 by the Mayor and Council of the City of Milton that the submission of the Department of Homeland Security’s Staffing for Adequate Fire and Emergency Response Grant application is hereby approved; and if awarded the Mayor is hereby authorized to execute the award package with directives under the Department of Homeland Security. RESOLVED this 6th day of August, 2012. Page 2 of 2 Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AUTHORIZING MAYOR JOE LOCKWOOD TO NEGOTIATE IN GOOD FAITH REGARDING THE CITY’S LOCAL OPTION SALES TAX POSITION WITH OTHER MAYORS OF MUNICIPALITIES LOCATED IN FULTON COUNTY AND WITH OFFICIALS AND REPRESENTATIVES OF FULTON COUNTY, GEORGIA WHEREAS, in accord with O.C.G.A. 48-8-81, the municipalities located within Fulton County, Georgia and Fulton County, are currently endeavoring to renegotiate each jurisdiction’s respective allocation of Local Option Sales Tax (“LOST”) proceeds; WHEREAS, these negotiation efforts require many different officials from different jurisdictions to convene and assert their respective positions regarding their belief as to an appropriate LOST split; WHEREAS, it is neither practicable nor desirable for the entire City Council to convene and/or otherwise participate in these negotiation sessions; WHEREAS, the Mayor and City Council believe it is in the best interest of the City of Milton for the Mayor to be authorized to negotiate, in good faith, on behalf of Milton; WHEREAS, the Mayor shall be required to return any proposed resolution or compromise regarding a LOST split back to the full Council for discussion, consideration and approval; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MILTON, GEORGIA, that Mayor Joe Lockwood is authorized to negotiate in good faith on behalf of the City of Milton regarding a LOST distribution, but shall be required to return any negotiated proposal back to the full Council for consideration and approval. No proposed LOST split shall be binding on the City of Milton until approved by the full Council. This Resolution is not intended nor should it be construed as creating a committee under O.C.G.A. 50-14- 1(a)(3)(A)(ii). RESOLVED this _____ day of ____________, 2012. Approved: _______________________ Joe Lockwood, Mayor Attest: (SEAL) ___________________________ Sudie AM Gordon, City Clerk STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ______ A RESOLUTION ELECTING TO NOT OPT OUT OF THE PLAINTIFF CLASS AND DIRECTING THE CITY ATTORNEY TO COMPILE AND DELIVER THE NECESSARY INFORMATION AND DOCUMENTATION WHEREAS, the City of Rome, Hart County, and the City of Cartersville filed a class action lawsuit on November 18, 2005, individually, and on behalf of a statewide putative class of all cities and counties in the State of Georgia that had enacted hotel excise tax ordinances pursuant to the State Enabling Act, which case is captioned City of Rome, Georgia, et al, v. Hotels.Com, L.P., et al, U.S.D.C., Northern District, Civil Action No. 4:05-CV-249 (HLM) (the “Lawsuit”); and WHEREAS, the City of Milton enacted a Hotel Excise Tax Ordinance pursuant to the State Enabling Act; and WHEREAS, the Mayor and City Council desire for the City to remain as part of the plaintiff class in the Lawsuit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MILTON, GEORGIA, that the City elects to not opt out of, and thus remain in, the plaintiff class in the Lawsuit; and BE IT FURTHER RESOLVED, that the City Attorney is directed to compile the necessary information and documentation identified in Section D of the Class Action Notice in the Lawsuit dated June 5, 2012 and to deliver the information and documentation to Class Counsel in accordance with the Class Action Notice. RESOLVED this _____ day of ____________, 2012. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk