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Agenda Packet CC - 04/14/2014 - Agenda Packet
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, April 14, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Father Tri John-Bosco Nguyen, Parochial Victor at St. Peter Chanel Catholic Church, Roswell, Georgia. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-082) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 14 , 2014 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the March 10, 2014 City Council Work Session Meeting Minutes. (Agenda Item No. 14-083) (Sudie Gordon, City Clerk) 2. Approval of the March 17, 2014 Regular City Council Meeting Minutes. (Agenda Item No. 14-084) (Sudie Gordon, City Clerk) 3. Approval of an Agreement between WorkZone, LLC and the City of Milton for the Purchase of Project Management Software. (Agenda Item No. 14-085) (Chris Lagerbloom, City Manager) 4. Approval of a Memorandum of Understanding between the Cities of Milton, Alpharetta, and Roswell for Unified Special Weapons and Tactics Team Operations. (Agenda Item No. 14-086) (Deborah Harrell, Police Chief) 5. Approval of a Resolution and Contract for Acquisition of Right of Way for Project HPP00-0007-00(313) State Route 372 (Crabapple Road/Birmingham Highway) Intersection Improvements. (Agenda Item No. 14-087) (Carter Lucas, Public Works Director) 6. Approval of the Following Subdivision Plats: (Agenda Item No. 14-088) (Kathleen Field, Community Development Director) Name of Development Action Comments Blue Valley Phase I Final Plat Revision Change address of lot 67, show new location of Rosebay Trail, add landscape easement between Rosebay Trail and Waxmyrtle Road Blue Valley Phase II Final Plat Create four lots Deerfield Green Phase I Final Plat Revision Revision of lots 231-240 Meadowood Minor Plat Create three lots Highgrove Final Subdivision Plat Revision Revision of setbacks and zoning classification, update owner information, update contact information, removed utilities and easement on Lot 1, revised lot lines between Lots 3-4, 10-11 & 12-13 MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 14 , 2014 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7. Approval of a Memorandum of Understanding between the City of Milton and 33North Sports & Entertainment, L.L.C. to Provide a Strategic Plan for Creating a Corporate Partnership Program. (Agenda Item No. 14-089) (Chris Lagerbloom, City Manager) 8. Approval of a Second Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Use of Northwestern Middle School. (Agenda Item No. 14-090) (Jim Cregge, Parks and Recreation Director) 9. Approval of the Adoption of the City of Milton Parks and Recreation Department 2014 Fee Schedule. (Agenda Item No. 14-091) (Jim Cregge, Parks and Recreation Director) 10. Approval of a Construction Services Agreement between the City of Milton and Enviro Masters, Inc. for Asbestos Abatement at Bell Memorial Park. (Agenda Item No. 14-092) (Jim Cregge, Parks and Recreation Director) 11. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and the Art Lady. (Agenda Item No. 14-093) (Jim Cregge, Parks and Recreation Director) 12. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Blaze Sports America, Inc. (Agenda Item No. 14-094) (Jim Cregge, Parks and Recreation Director) 13. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Wacky Schoolers, Inc. (Agenda Item No. 14-095) (Jim Cregge, Parks and Recreation Director) 14. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and NFL Youth Football League, Inc. (Agenda Item No. 14-096) (Jim Cregge, Parks and Recreation Director) 6) REPORTS AND PRESENTATIONS 1. Patriots Day Proclamation Presented to the Sons of the American Revolution. (Presented by Councilmember Bill Lusk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 14 , 2014 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Proclamation Recognizing Arbor Day. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of the Addition of Wine Package to an Existing Alcohol Beverage License for All About Spirits, Inc. dba All About Spirits, Located at 15840 Birmingham Highway, Suite B, Milton, GA 30004. The Applicant is Tana Coleman for Package Retail – Wine (in addition to existing Distilled Spirits Package Retail). (Agenda Item No. 14-097) (Stacey Inglis, Assistant City Manager) 2. Consideration of the Issuance of an Alcohol Beverage License for Sequoia Golf Manor, LLC, dba The Manor Golf & Country Club Located at 15951 Manor Club Drive, Milton, GA 30004. The Applicant is Robin Spradlin for Consumption on Premises – Wine and Malt Beverages. (Agenda Item No. 14-098) (Stacey Inglis, Assistant City Manager) 3. Consideration of the Issuance of an Alcohol Beverage License for Sequoia Golf Manor, LLC, dba The Manor Golf & Country Club Located at 15952 Manor Club Drive, Milton, GA 30004. The Applicant is Robin Spradlin for Consumption on Premises – Wine, Malt Beverages, and Distilled Spirits. (Agenda Item No. 14-099) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 14 , 2014 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Consideration of a Resolution Appointing a Member to the City of Milton Board of Zoning Appeals for District 3/Post 2. (Agenda Item No. 14-100) (Mayor Joe Lockwood) 2. Approval of an Inter-Agency Agreement between the City of Milton, Georgia and the Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners North Fulton Atlanta to Implement Certain Economic Development Related Sections of the Strategic Plan. (Agenda Item No. 14-101) (Bill O’Connor, Economic Development Manager) 3. Consideration of an Application for the Abandonment of all Public Rights of Way within the Crooked Creek Subdivision. (Agenda Item No. 14-102) (Carter Lucas, Public Works Director) 4. Consideration of a Professional Services Agreement between the City of Milton, Georgia and Laurel A. Florio for Land Conservation Consulting Services (Agenda Item No. 14-103) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Discussion of City Website. (Jason Wright, Communications Manager) 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-104) The minutes were provided electronically HOME OF ' g V ilk r LTO, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 31, 2014 FROM: City Manager AGENDA ITEM: Approval of an Agreement between WorkZone, LLC and the City of Milton for the Purchase of Project Management Software. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: x APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED. {� YES () NO APPROVAL BY CITY ATTORNEY. 0 APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS 0qJq Iq 44 In Your PHONE: 678.242.25001 FAX: 678.242.2499 Gra ,*Certfficd ; aP.' info@cityofmiltonga.us i www.cityofmilfonga.us Community �"nor 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ."o Page 1 of 1 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on March 19, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Approval of an Agreement between WorkZone, LLC and the City of Milton for the Purchase of Project Management Software. ____________________________________________________________________________ Department Recommendation: Approval of the WorkZone, LLC software agreement. Executive Summary: It was determined that there is a need for a project management tool to track and manage the multiple Public Works and Strategic Plan projects. After reviewing several project management tools, it was decided that the WorkZone product provides the necessary requirements to track, manage and report on all current and ongoing projects. WorkZone is a web-based program which requires no set up work from Milton’s IT Department. They provide initial and on-going training for all present and future users. Funding and Fiscal Impact: This item is budgeted. Alternatives: Do not approve. Legal Review: Approved by Paul Higbee 3/6/14 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): WorkZone Subscriber Agreement WorkZone Signup Form Page 1 of 2 Organization name: City of Milton, GA ("Subscriber") Length of contract (initial term): 1 year License for: up to 5 total users Set-up and training fee (one-time): $400 Hosting and license fee: 200 per month (billed quarterly in advance) Includes: 50 gigabytes storage Training for WorkZone users Customer support — 8:30 AM — 6 PM weekdays, EST 24/7 technical support All product upgrades Other: TERMS AND CONDITIONS 1. Services WorkZone, LLC ('WorkZone") agrees to provide to Subscriber extranet hosting and related services as described in Exhibit "A," attached hereto and incorporated herein by reference (the "Services"). The extranet sites developed by WorkZone contain proprietary software applications and related technology owned by WorkZone or licensed to WorkZone by third parties (the "Software," as described in Exhibit "A"). WorkZone will make commercially reasonable efforts to ensure that the quality of the service provided is of prevailing industry standards, and that access to the Services is available 24 hours a day, 7 days a week (24x7) throughout the term of this Agreement. WorkZone has put in place, and will maintain, physical and electronic security measures and procedures according to generally accepted industry standards. In the event of any breach of security which affects, or has the potential to affect Subscriber, WorkZone will make best efforts to rectify such breach, repair any damage and promptly notify Subscriber of the same. Subscriber agrees that from time to time the Services may be inaccessible or inoperable for reasons such as: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which WorkZone may undertake from time to time; or (iii) causes beyond the control of WorkZone or which are not reasonably foreseeable by WorkZone, including interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Subscriber agrees that WorkZone has no control of availability of Services on a continuous or uninterrupted basis as a result of causes beyond its reasonable control and WorkZone shall not be responsible for any resulting loss or liability incurred by Subscriber whether from acts of God or otherwise. WorkZone will provide 24x7 telephone support to Subscriber for the Services. 2. Licenses and Proprietary Rights During the term of this Agreement, WorkZone grants to Subscriber a non-exclusive license to access and use the Software for its own business purposes. Subscriber will not reverse engineer, decompile or disassemble the WorkZone Software or otherwise attempt to modify or create any derivative works of the WorkZone Software. Subscriber will not sell, lease or sublicense the Software. 3. License and Payment Terms Subscriber will pay WorkZone for the Services and licenses provided hereunder in the amount and timing as set forth on the WorkZone Signup Form. The initial term of this Agreement is set forth on the WorkZone Signup Form and will begin on the date Subscriber's site is activated or such other date that is agreed to by the parties. Should subscriber cancel service prior to end of initial term, subscriber is responsible for payment of all fees through the end of initial term. At the end of the initial term, the license will automatically renew for 16 w township line rd • east norriton, pa 19401 . 610-275-9861 . fax 610-275-9866 successive quarterly periods, unless either party gives notice at least 30 day in advance of a quarterly billing period of their desire to cancel this agreement. Page 2 of 2 4. Warranties, Disclaimer and Limitation of Liability WorkZone disclaims all implied and statutory warranties, including warranties of merchantability, fitness for a particular purpose and non -infringement. Subscriber assumes full responsibility for any loss or liability resulting from data delivery and non-delivery, and use and misuse of any account identifier or password assigned by Subscriber. Should Subscriber make personal financial or health information (PFHI) or material non-public information (MNPI) available through the Services subject to the provisions of applicable Federal and state laws, Subscriber acknowledges its sole responsibility for restricting access to the Services and the PFHI/MNPI to appropriate individuals and, to the extent, if any, allowed by law, indemnifies and agrees to defend WorkZone for any loss, liability and expense, including attorneys' fees, arising out of any actual or alleged violation of law resulting from such access. To the fullest extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, punitive or other damages whatsoever (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangibles) arising out of or in any way connected with (a) performance, use, inability to use, or any failure, delay, interruption, suspension, changes or termination of the Services, or the cost of procuring substitute services; (b) failure to backup or store, loss of access, deletion or unauthorized access to or alteration or use of the Subscriber's transmissions, data, or personal, registration or site information. To the extent the foregoing limitation of liability is prohibited under any particular state's law, WorkZone' or its affiliates' liability for damages will not exceed the actual payments made to WorkZone by Subscriber. The foregoing limitations of liability will not apply with respect to: (i) any amounts recoverable from third parties, such as insurance carriers or (ii) the gross negligence or willful misconduct of a party. 5. Miscellaneous The parties agree that, prior to either party initiating any litigation related to any dispute or disagreement arising under this Agreement, the parties will negotiate in good faith in an attempt to resolve such dispute or disagreement without resort to litigation, and negotiation shall include, at a minimum, a meeting of at least one representative of each party to discuss the dispute or disagreement. 6. Confidentiality WorkZone and Subscriber acknowledge that WorkZone may have access to certain confidential and/or proprietary information of Subscriber, which is not readily ascertainable from other sources. WorkZone agrees that it shall not, at any time, without Subscriber's prior written consent, disclose, or authorize or permit anyone under its direction to disclose, to anyone not properly entitled to such disclosure, any proprietary or confidential information of Subscriber. WorkZone further agrees that, upon termination of this Agreement, WorkZone will not use any confidential or proprietary information of Subscriber for its own business purposes, or for the business purposes of any other individual or entity. 7. Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the WorkZone agrees that, during performance of this Agreement, WorkZone, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, WorkZone agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior and contemporaneous understandings, written or oral, concerning the subject matter hereof. Subscriber may not assign or transfer this Agreement, or any of its rights or obligations under this Agreement, whether by contract, operation of law or otherwise, without the prior written consent of WorkZone. ❑ I agree to the above "Terms and Conditions of service". City of Milton, GA Signature of authorized representative Date Printed name of authorized representative Title: Street Address: City: State: Zip: 16 w township line rd • east norriton, pa 19401 9 610-275-9861 • fax 610-275-9866 Invoices to be directed to: Email address: Phone number: Workzone, LLC Signature of authorized representative Date Printed name of authorized representative Title: 16 w township line rd • east norriton, pa 19401 . 610-275-9861 9 fax 610-275-9866 Why Choose WorkZone Project Management Sofhvare & Tools? http:/hvNvw.work-zone.comhvhy-iNorkzoiie/ rower -rut enough to manage your projet: s erTecuvely, EXHIBIT simple enough that your team will use it, _ it's the careful choice of features. Most project management software (like Microsoft Project) is way loo complicated, with hundreds of Tittle -used capabilities that get in the way of the handful that are really = important. Entry-level tools, like Baser -amp. are simple enough, but offer little more Than basic lobo lists. We designed WorkZone with the power to manage real-world business situations, with a usability that makes it accessible to less technical users. Sophisticated tools to keep projects on track and on budget Organize projects by tasks (and subtasks), assign who's responsible and when it's due. Link tasks together to see how a change in one area affects the rest of the project. WorkZone automatically sends notifications when tasks are late and lets project managers quickly identify projects needing immediate attention. view full product tour An intuitive interface gets your team up to speed quickly. Unlike other tools on the market, WorkZone doesn't believe that more features are better. In fact, we believe just the opposite, that simpler technology is more effective, because it's more likely to get used. We even encourage our customers to hide WorkZone features they're not using, to keep the interface as simple as possible. And that's just what people find when they try WorkZone ... it's so easy and intuitive that people actually use it. WorkZone is particularly valuable in these situations: ■ Marketing departments /ad agencies /service firms who support multiple clients or departments: create distinct, secure workspaces for each group, setting access by user to appropriate projects and files. ■ Projects that follow similar processes: create templates for projects that you do regularly (such as new product development, implementations, marketing communications), saving time and improving consistency across projects. ■ Slaying on top of a large number of projects: WorkZone's cross -project views and automatic alerts help you focus on the specific projects that need your immediate attention. When you or your clients need help, you speak directly to our experienced customer support team. It's a bit of a paradox. WorkZone is far easier to use than most tools. Yet we offer much more support than other companies, both in getting your team up and running and in ensuring your ongoing success with WorkZone. We have very clear online user guides, yet we don't assume that our users will ever look at [hem. We'd prefer that you call or email us. It's the quickest way to gel you back to work. It's one of the things that makes WorkZone simple project management software for small businesses and large businesses alike. Whelher it's help using an advanced feature, best practices advice, or troubleshooting your web browser's settings, we're here for you (at no charge). Our focus is on helping you use WorkZone to make your teams more effective and profitable. 1 of 1 2/26/2014 3:08 PM Online Project & Task Management Software Product Tour I Workzone Projects Dashboard htip: /hvw�v. xvorkzone.com/tou r/pro j cc t -dashboard/ Gel the big -picture view of where all projects stand across departments, clients or campaigns. Great for status review meetings, the project dashboard helps get everyone on the same page. This summary view complements the tactical lo -do lists that keep the team focused on getting work done. 1 of 1 2/26/2014 3:20 PM To Do List I Online Task Management Software J 'WorkZone To -Do Lists littp:/h%,ww. work-zojie.coii)/Lour/I o -do -I isY What should I be working on now? The To -Do List is created (and emailed) automatically for each user, giving a focused, cross -project view to organize each day's work. As each user updates hislher own to-do list, the project plans get updated automatically (so the project manager doesn't need to do it). _ To-Do List: Rick Mosenkis -- A��Pei,ble A81','_-_. ro Dates: OV 4.2013 Y:OAKSPACE PwA[CT -y STARTOATE VMbAT'e :VAMS 1:OTES i}.',til! S.i 7.?Jil U m-a's -:,[]` Crfa:oes.rexST.brlct-xAti. - l._y,s, 2013 E ty(rhM j i TODAY, OCT 4, 0613 - -- --- -- - --- --- -5 ITEM WORKSPACE Pr SPECT �, 4 . START oATE VLO VATS , STAN'S rioT€s .. ; F ..'y tyc�1s43T'i11 -G'y�f-l�bri''y gnct .s------- .... 7 - 7 //.--�•ai k'b fj fti olrl�h uEiliY N,id .0 'r,',c:. :-� ...- Pr:4.xY.'Cso - `reo 11.22013 034, N13 .€'.E-,' F*&W_b_014 Cce7 Al I.:rsa cps M*3 �033,2;713 Od4,NI3 , Cf Ea-rWc ! F ly Asr"Irr, r.i l4 uU1'1! CF—A AM L-ts 014 MM Od C P013 _ -P_ F:*IeneshnrLS%'t 'C=as A&: A. _:spd E --s �034.2a13 Od4,N13 :i_a ,r�f-sb1Y-�+!i 7lA 1 of 1 2/26/2014 3:20 PM Status Alerts Online Task Management Sofivare ( WorkZone Status Alerts http://��w�t�.worhzone.cor��/tour/status-a terfs/ MrkZone identifies items that are at risk, so you can focus on the areas of greatest need. Late tasks are highlighted and can trigger automatic email alerts. Projects and phases slipping behind schedule are flagged with colorful caution symbols. ► Strategy John Adams Copy ---- Pat Kelly Layout 1iKkflosenNs Create Wrial layout Atk Mosen7as Edits submitted on Inaallayout Roger SM411, RarAy I'M ns Futallayout comptata RitkMosenku > Production Pat Kelly -- 19 days :Oct 13, 2010 —Nov 8, 2010 i5 days Nov 9, 2010 — Des 1, 2010 . 18 days, 13, Nov 8, 2010 — Dec 3, 2010 L 7 days 4, NOV 0 2010 -- Nov 17, 2010 { 4 days t► Nov 10, 2010 Nov 23, 2010, f _. 7 days ; k ,Nov 24, 2010 — Dee 3, 2010 E 24 days: ! Dec 6, 2010 — Jan 6, 2011 I of 1 2/26/2014 3:20 PM Project Templates I Online 'task Management Sofrivare 4 WorkZone littp:HwiN,iv.Nvorkzoiie.ccii /toiir/project-templates/ ........... ............. _.. Project Templates Save any project as a template that can be reused the next time you have a similar project or process- WorkZone can quickly layout the project schedule from a start date or working backwards from a deadline. Project templates are a huge time saver and reinforce consistent processes across the organization. Company evaluation- Conference Freddie Mac Brochure Inspection marketing research project New assets Strategic Plan Typical Deal 1 of 1 2/26/2014 3:20 PM Task Dependencies I Hosted Projected Management Sof vare I Wor... http://ivN%,Nv.Nvork-zone.com/totir/task-dependencies/ Task Dependencies In most projects, certain tasks cannot begin until other tasks are completed. VVerkZone lets you link dependent tasks, so that the start date of one task is calculated automatically based on the end date of one of more previous tasks. If the date for a task moves, the dates for all tasks dependent on it will be shifted accordingly. Strategy Shawn Boyce 19 days! Sul 110,20113 — Aug S.2013 ► Copy Pat Kelly IS days Aug fi,20113 — Aug 29,2013 Layout -- -- -- ------ -I 1 R;ex mogews — --- ------- ------ --- ---- 23 daysi Aug 6, 2013 — Sep 6, 2013 04aale inhlid layout I Flick Moserilds 6 days i is ' Aug 6,2013 — Aug 18,20t3 Edits submitted on Initial layout Randy Rollins 7 days is !Aug 14. 2013 Aug 22, Shawn Boyce Final layout complete Rick Wsenki. 10 days 4 Aug 23, 2013 Sep 6.2013 ► Production Pat Kelly 22 days; Sep 9,2013 — pct 8,2013 1 of 1 2/26/2014 3:21 PM Project Requests I Cloud Based Task Management Software I VOorklone litq)://NvNsxw.workzone.coln/tour/project-requests/ 1 Project Requests Create custom forms and allow others to request projects online. WorkZone automates the workflow by capturing the custom information you've specified, emailing the project request to the appropriate parties, and providing a central { place for communications about the request. A central dashboard lets everyone see where requests stand. =I- - PROJE4T f[ILE tiEOVeSTED BY -ST '; ftEQUESTE� -- S7A711S i [SATE _ 6EAP1=1ltf Newspaper ad for local retailer -i. {Jones i. Om 17,2010 Jan 11, 2011 __- CI�_,ed i lY Root i•�,___„ , or Chtcaav mnrkel Pat KQ ' Lkw ?2, 20i0 . Jan 2 (] 1 �Ipdate Poxerpolnl deck I Flick N"&r s Feb 18, 2011 MM 10, 2017 Accep ed i Q 13mchurefor ourorooerfa FtiorA doz Febzmt 1l3*Si.2ot1 °`,Retef1Cd' rI I U I $traloloStratealoMarketing Plan for new Divistrn P01 Keiy I i Dec 22, 2010 fdargl, 2-011 : porw g L nat w 20 X 20 booth for OTC shote Iti pat", - fab 9, M f :, AdaY 2.2Q11 ' p -Ad"AV . 3 f Q I Dra�ltt fcrnewmldmaftIM34 AL ).Amt INVAS Dee I 7, 2010 I ldaYS 2r111 1 Pe7<lag .a Brochure for new distributor product 6 , Ta°e Su'e er �. MM 7, 9011 *'201 dkv o Oejt _0tltrk4l researc pro�ecl I RMC Vmsc ws Feb 17, 2011 May 20, 2011 ActINert 1 of 1 2/26/2014 3:21 PM Gault Chart I Online Task Management Sofhvare I WorkZone http;//«���v.�vorl zonc.conr/totlr/gantt chalU i Gantt Chart View your project schedules graphically across a timeline. The Gantt chart provides a great visual view across projects, letting you see at a glance how busy you'll be. * AXIS OFFICE PARK ►; 2 Story Canrnetcial _.. _ . John Adams 47 r DIVISION 2 T LIQUID WATER PHARMACLIEt+fT - - -- - 1 of 1 2/26/2014 3:21 PM Workload Reports I Online Project Management "fools I WorkZone l- -- ----------- Workload -------Workload Reports http://%N,iN,%N,.workzojic.com/tour/NN,orkload-i-epor(s/ WorkZone adds up the planned hours of work across projects by person for work group) by time period. Identify resources that are over/under-allocated, so you can balance the workload to the available resources- This is one of more than twenty reports in WorkZone that can be further customized, saved to PDF or exported to Excel - 30 ' 6 TOTAL HOURS 163 1 85 1 123 1 tis 1 151 1 108 John Adams 14 I I I 1 4 1 10 i 10 Pal Kelly 14 31 'MEN11 126 35 1 9 1 0 1 J John Lee �! 4 I 1 I 11 I 6 II 4 1 I { I BIII MCQOnellOh I I 16 i— 1 5 1 3 ! I "__ II 1 _ Cristin Misslmer I 1 I I 1 4 120 14 I I iv Reck Mosenkis 1411 37 5 1 1 2 1 2, 2 212 1 1 I tPronlo Prints, rl I I i$ I 1 4 1 3 I 1 Randy Rollins 1 14 j 10 RNer smith 1 1 1 6 1 2! I!! 1 of 1 2/26/2014 3:21 PM Timc Tracking Reports I Web Project l\tanagcment Soffivare ( Work -Zone http://titin%,%i.worl:zoiie.coni/tour/time-tracking/ Time Tracking Keep track of the time worked on specific tasks in your projects for use in client billing or project costing. Report hours by project, task and user. Compare actual hours to budgeted hours. Reports can be printed or exported to Excel. Project expenses — budgeted and actual — can be tracked and reported upon, in a similar fashion. 1 of 1 2/26/2014 3:21 PM Group Calendar I Online Task Mauagetuent Software I WorkZoue hrip://Nv«Nvnrorl:zone.cofn/tour/group-calendar/ Group Calendar Track events or project tasks by client or department. Send reminders of upcoming meetings or deadlines. Combine separate calendars into a master calendar for the entire organization. 1 of 1 2/26/2014 3:22 PM October 2013 - ic. 1 - - 77 - ,1: e1, _— 1 of 1 2/26/2014 3:22 PM Secure Pile Sbaring I OaUe Collaboration Solutions J'Work-Zone http:/hviv�v.workzone.coni/totir/secure-file-sharing/ Secure File Sharing Share files securely with the entire learn, giving each person access to just the appropriate information. Send email alerts of updated files, comments or approvals. Drag and drop files right from your desktop into WorkZone. I of 1 2/26/2014 3:22 PM Wnnzl PrBir-11i ' •.t_'C4+:L4LilY:rLE[...i2 ... Advertising bra-,cTN camygp In trariap t3—d-Img rw:.r^._Y3, canps•sx �..�' r r: L lt�+sy�ee Credlivt 54alt3Y brkft+rC ._. r•ry U U `fit 5—t-yLS 2Y `_'j c2 (V We. kr , t.c.tik .'C' 3 ; carer R—amh leanU r- 012 W-d1a ONdget rc,+ tik s t��ia—:ro uzcrSxtt. :� ��rra rEE:tttrt ae - e "IJxft1'c+g Prr�Prs . _LC:. 1fePr a6 eorice hn Pt aqx wkh lraiwp T Z' PI FUT 11, fnM �f �, r Eraa� t ;'2 isi tiu},v E7Y rmh 1, Cern i nStat U t� pkJ e9Y r4¢FC±1-11911,512 E aEmit. - f 5»�9R t';,.�:-�74 E•k:= •2 TF_'Y, R•_11C,T 12 L'TT, �?i kTt /CN: clst cd Prkd ori • reisran 2 1 "+r is 7, E 7 • ! r t• ,�, PNiht*! td11^a rs ks7 FtrC.'P ry C s A k F.n->3 Cri I of 1 2/26/2014 3:22 PM i?lcxi!�le Permissions I Oi>line TaskManagenient Softivare I WorkZone Flexible Permissions http: /h««v.work-zone. coiii/tou r/flesib le -permissions/ Create distinct, secure workspaces for each of your clients or projects. You determine which workspaces each person can access. Restrict access further by project, folder or document, so that each person only sees information appropriate to his/her role. Please select the people that should have access to this folder: Division 2- My Company" Groups Ulent Usom Assodales i Q Mme W&ks c Q John Adams i Q Finance Q Jehn Doe 3 [ John Lee `I fl PGB group i O Joe Donahue jj CA Big McDonough [] Test Group 1 66 Lisa Hauerman i j Q Susan Moore a [] Roger Jones i Q John Sands I ! Cl Jennifer Riles I :' Q Tom Smdh Q Randy Rollins j Q RNDrSmith h I I Ira Tom Stringer } 0 Dusty 4Water f S� a 1 of 1 2/26/2014 3:22 PM huage Markup Online File Sharing Sof fare I WorkZone http://N%R"Rv.workzone.com/tour/image-niarktip/ - __.._......... .. _. _ ........ ....... ............... .. - . _ _ ..... .... Image Markup Add markup comments directly on a PDF or image within WorkZone, helping save time and improve collaboration in your creative review process. Image markup is a great substitute for making physical notes on a printed document or using third -party tools, like Adobe Acrobat_ No additional software is required. 1 of 1 2/26/2014 3:22 PM l;mail Alerts I SAAS Project R Task Management Sofhvare I WorkZone hitp:/hvNv",.workzoiie.conVtour/email-alerts/ l Email Alerts Send an email alert when there's anything new to review — documents, comments, tasks or calendar events. A link takes the (authorized) user directly to the item within WorkZone. 1 of 1 2/26/2014 3:22 PM Discussions i Online Group Collaboration R rile Sharing I WorkZone http://w%v%%,.workzoiie.coiii/tour/discussions/ Discussions Every document and project task has its own comment area. Discuss changes that are needed, record meeting notes and next steps, or detail phone conversations. The entire team stays informed, and you have an organized, lime -stamped record of all relevant discussions. 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Campaign Strategy Presentation Presented to Executive Team March 10, 2010 Blog tealura-4•RI.1_ppt I PPT, 320 KB 1 Rick Moseniis on Apr 7, 2010 1:45 PM EDT Versions�x ver 4 El" feature4-RM.pp Ride Mosenids Apr 7, 2010 1:46 PM EDT rim save de}ele ver 3 Bloc feature. vot Rick Mosertds Apt 7, 2010 11:01 AM EDT aoen save de_ete v&2 Rho reature-2 Pat KeIly Mar 26, 2010 4031 AM EDT open save de!e10 Vol 1 OW featUr0.D01 Rick MdomMs Nov 20, 2009 1057 RA EST oomn save Mete 1 of 1 2/26/2014 3:23 PM Full -Tem Search I Online Document Collaboration & Sharing I R'o— I Full -Text -Search blip:/hvww_�rorkzone.cou>ltour/fir li-text-search/ timet _':i I of 1 2/26/2414 3:23 PM t�- W VMf:.st9<� k'iAiEti�7t 2stzT_-'gR=yli -b. fC FKvfhncks-t lirarlrx» _:' t dnfdSi _s�1 timet _':i I of 1 2/26/2414 3:23 PM Custom Branding I Extranet Portals for Online Collaboration I Wor... bttp://-,N�v�v.workzonc.coj)i/tour/custoili-braiidii)g/ Custom Branding Customize WofkZone with logos and colors so that it reflects your brand or your client's. 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I of 1 2/26/2014 3:24 PM _ A--rif a OF Fo 4'Addacomment © _ consumer- Fall 2009 P.! - y t fm5i1rink Edit Aprvl,i12011,ifiN > Add a coinnioni ❑ f- Internal f rojLcts r.dYs�� _ _ rpEmail link .. /Edit Ap1 }i5 fru9F!lEt;T V46daComment Q Wrier Research Labs r..l r.�.Y 0 Email link - r-jti,<:r;312vir'LErT JAddarommenl ❑27 SenstffV - 171A Y•:{ Email luck - F.ua± / Edit I of 1 2/26/2014 3:24 PM Unlirnited Support I Online .Project Collaboration Tools I WorkZone http:/hittvsv.ivorkzorme.coin/tourhntlimited-support/ Unlimited Support Even though WorkZone is very easy to use, we know that some people need a little extra help or hand holding. We provide unlimited support for our clients and even for clients' clients. Whether you'd like to discuss best practices of have us troubleshoot a browser setting, no problem is too small. And you'll speak to a real (U -S --based) person, one who probably knows you by name. Whether you're a fust time user, or a seasoned expert, were here to help. No guestian is too smalls Call us at 610-2TM861 (Idonfti 8-6 EST: tech emergencies 24 x 7) . . • E-mail us at.help0workzone.com + Get help online o Full Users Manual o Quick Start Guides ■ Initial Setup (basics of setting up users, creating workspaces and customizing default settings) ■ Pro)ectTracker ■ Document Manager ■ Client Users Guide - Document Manager (normally not necessary, but here for those vitro need it) , . 1 of 1 2/26/2014 3:24 PM HOME OF �r FSTARI ISI --1 FD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 31, 2014 FROM: City Manager AGENDA ITEM: Approval of a Memorandum of Understanding between the Cities of Milton, Alpharetta, and Roswell for Unified Special Weapons and Tactics Team Operations. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER XAPPROVED CITY ATTORNEY APPROVAL REQUIRED. ( YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR: d, 1 J LII REMARKS () NOT APPROVED () NO () NO () NOT APPROVED ® .= Youn ***-- PHONE: 678.242.25001 FAX: 678.242.2499r �7f'Opn ; �R,f��� ; op Fo info@cityofmiltonga.us I www.cityofmiltonga.us "'@ Community 1h 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 0 To: Honorable Mayor and City Council Members From: Deborah Harrell, Police Chief Date: Submitted on March 18, 2014 for the April 14, 2014 Regular Council Meeting Consent Agenda Agenda Item: Approval of a Memorandum of Understanding between the Cities of Milton, Alpharetta, and Roswell for Unified Special Weapons and Tactics Team Operations. ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: Due to limited manpower the Milton Police Department cannot outfit a properly equipped SWAT team. For this reason, in 2009, the City of Milton entered into an M.O.U. with the City of Alpharetta for a joint SWAT team. At this time the combined Alpharetta/Milton SWAT team would like to enter into a Memorandum of Understanding to also include the City of Roswell Police Department to form one unified SWAT team containing members of all three agencies. Discussion Since the signing of a M.O.U. with Alpharetta, we have not only benefited by having a team committed to responding in an emergency, we have benefited from our officers receiving advanced tactical training. With the addition of the Roswell Police Department, this unified team will grow stronger in its capabilities and capacity to respond in emergencies. Funding and Fiscal Impact: There will be no direct increase in funding for this M.O.U. as the Milton Police Department is already budgeted for four SWAT officers. Page 2 of 2 Alternatives: Not signing this MOU will jeopardize the current SWAT relationship the agency shares with Alpharetta and could lessen the chance of having a readily available SWAT team. Legal Review: Paul Higbee – Jarrard & Davis (July 25, 2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Alpharetta Department of Public Safety, Milton Police Department and Roswell Police Department Memorandum of Understanding Page 1 of 4 ALPHARETTA DEPARTMENT OF PUBLIC SAFETY, MILTON POLICE DEPARTMENT AND ROSWELL POLICE DEPARTMENT MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into by and between the City of Alpharetta Department of Public Safety, City of Milton Police Department and the City of Roswell Police Department (the “Participating Agencies”) to receive and extend assistance in the form of unified SWAT and Crisis Negotiation teams with related services and resources to one another when assistance is requested. SECTION I AUTHORITY This MOU is effective as of the date of signature by the C hief L aw Enforcement Officer of each Participating Agency (“Agency Head”) and applies to all activities engaged in by the P articipating Agency and shall continue in full force and effect until cancelled by one of the Participating Agencies in accordance with Section IX of this MOU, provided that, in conformance with Article 9, Section 3, Paragraph1(a) of the Constitution of the State of Georgia, the term of this MOU shall end upon the expiration of fifty (50) years unless otherwise terminated earlier as provided herein. The designated representative identified below represents that he is authorized by his respective jurisdiction or Participating Agency to enter into this agreement on behalf of the Participating Agency. SECTION II PROVISIONS FOR OPERATIONS ASSISTANCE The Participating Agencies hereby approve and enter into this MOU whereby each Participating Agency so represented may request and render SWAT and Crisis Negotiation team assistance to one another including, but not limited to, any large scale extraordinary event, a prolonged operation, any operation with expansive dynamics, or when the operation requires unified SWAT and Crisis Negotiation team or related services and resources to one another. SECTION III REQUEST FOR ASSISTANCE The respective Participating Agency Head and/or designee shall have the authority to request or render SWAT and Crisis Negotiation team assistance. In the event that a Participating Agency is in need of assistance as set forth above, it shall, through its proper chain of command, notify the unified SWAT Team commander, which may be contacted directly or through the Roswell or Alpharetta 911 Communications Center. In conjunction with the initiating Agency, the unified SWAT Team commander shall evaluate the situation and his available resources, and respond appropriately. The unified SWAT Team commander will take steps to ensure all Participating Agency Heads are immediately notified upon a unified SWAT Team activation. Page 2 of 4 SECTION IV COMMAND AND SUPERVISORY RESPONSIBILITY The unified SWAT Team will operate under the National Incident Management System, Incident Command System via Unified Command with one exception; the Agency Head or designee of the requesting Agency shall have tactical operational veto authority. Whenever a team member is rendering assistance pursuant to this MOU, the team member shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his own employer. If any such standard is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the unified SWAT Team, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. SECTION V USE OF FORCE I COMPLAINTS Whenever the unified SWAT Team is involved in a use of force or there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this MOU, the Participating Agencies will conduct a joint review of the use of force and/or complaint. The unified SWAT Team commander or his designee shall be responsible for the documentation of the Use of Force and/or complaint with a disposition recommendation. A mirror copy of the documentation shall be provided to each Participating Agency for review per their respective policies. Upon review any Participating Agency Head or designee may request additional investigation which will be conducted jointly by the Participating Agencies. The Participating Agency Heads or their designee(s) will conduct a joint evaluation of the overall actions of the unified SWAT Team after a review of the documentation and/or investigation; however, the review of individual actions will be the sole responsibility of their respective Agency Head according to his Agency's policies and procedures. Each Participating Agency engaging in any assistance pursuant to this MOU agrees to cooperate with such joint investigative efforts. Should an application of force on behalf of the unified SWAT Team result in serious injury or death, or a complaint arise as a result of a cooperative effort as it may pertain to this MOU that if sustained would be likely to result in serious injury or death, it is agreed by the Participating Agencies that the Georgia Bureau of Investigation will be asked to conduct a separate and independent criminal investigation as appropriate. Page 3 of 4 SECTION VI LIABILITY Each Participating Agency engaging in any assistance pursuant to this MOU agrees to assume responsibility for the acts, omissions, or conduct of each of its SWAT Team members or conduct of such Participating Agencies'/team's own employees while engaged in rendering such assistance pursuant to this MOU. SECTION VII PROCEDURES & TRAINING All standard operating procedures and training conducted with and/or for the unified SWAT Team will meet or exceed National Tactical Officers Association (NTOA) Standards. SECTION VIII POWERS, PRIVILEGES, IMMUNITIES AND COSTS SWAT and Crisis Negotiation team members of each Participating Agency when actually engaging in assistance outside of their jurisdictional limits but inside the City of Alpharetta, City of Milton or the City of Roswell, shall have the same powers, duties, rights, privileges and immunities as if the team member was performing duties inside the member's political subdivision in which normally employed. Each Participating Agency agrees to furnish necessary equipment, resources and facilities and to render services to each other Participating Agency; provided however, that no Participating Agency shall be required to unreasonably deplete its own equipment, resources, facilities, or services in furnishing such assistance. Each Participating Agency that furnishes equipment pursuant to this MOU must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. Nothing herein shall prevent one Participating Agency from lending necessary equipment to any other Participating Agency team member for operational purposes pursuant to this MOU. The Participating Agency furnishing assistance pursuant to this MOU shall compensate its SWAT Team members during the time such assistance is rendered and shall assume the actual travel and maintenance expenses of its members while they are rendering such assistance, including any amounts paid or due for compensation due to personal injury or death while such SWAT Team members are engaged in rendering such assistance. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits that apply to the activity of a SWAT Team member of a Participating Agency when performing the Page 4 of 4 Member’s duties within the territorial limits of the member's Agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties outside the territorial limits of the member's Agency under the provisions of this MOU. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. Nothing herein shall prevent the requesting Agency from requesting supplemental appropriations from entities other than its governing political subdivision for reimbursement for itself and the assisting Team for any actual costs or expenses incurred by the assisting Participating Agency performing hereunder. SECTION IX CANCELLATION Any Participating Agency may cancel its participation in this MOU upon delivery of written notice to the other Participating Agencies. Cancellation will be effective ninety (90) days from receipt of such notice. Upon cancellation Participating Agencies agree to coordinate the prompt return of any loaned equipment to the proper Agency owner. AGREED TO AN D ACKNOWLEDGED THIS _________DAY OF __________________, 2014 . Alpharetta Department of Public Safety __________________________ _______________ Signature Date Milton Police Department __________________________ ________________ Signature Date Roswell Police Department __________________________ ________________ Signature Date HOME OF' L I tN FSTAB I ISIIFD Aft CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 31, 2014 FROM: City Manager AGENDA ITEM: Approval of a Resolution and Contract for Acquisition of Right of Way for Project HPP00-0007-00(313) State Route 372 (Crabapple Road/Birmingham Highway) Intersection Improvements. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. ( YES O NO CITY ATTORNEY REVIEW REQUIRED: ( YES (} NO APPROVAL BY CITY ATTORNEY kAPPROVED {) NOT APPROVED PLACED ON AGENDA FOR: 0141414 REMARKS N4 ® YDUIM __... il• Ccrtifi�d PHONE: 678.242.25001 FAX: 678.242.2499 �� info@cityofmiltonga.us I www.cityofmiltonga.us Community Ethics f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 %049 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 28, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Approval of a Resolution and Contract for Acquisition of Right of Way for Project HPP00-0007-00(313) State Route 372 (Crabapple Road/Birmingham Highway) Intersection Improvements ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Resolution and Contract for Acquisition of Right of Way for Project HPP00-0007-00(313) State Route 372 (Crabapple Road/Birmingham Highway) Intersection Improvements between the City of Milton and Georgia Department of Transportation not to exceed the amount of $1,270,000.00. Executive Summary: This resolution is to sign a reimbursable right of way and easement acquisition contract with Georgia Department of Transportation (GDOT) for SR 372 (Crabapple Road/Birmingham Highway) Intersection Improvements. This Contract will require coordination with Georgia Department of Transportation (GDOT) the City of Milton and the City’s Right of Way Consultant BM&K. A professional Services Agreement with BM&K to provide right of way services for this project was approved 3/18/13. Funding and Fiscal Impact The budget for this work will be from Capital Grant Fund (GDOT HPP Funds) and 80% is reimbursable from Federal Funds through GDOT. The reimbursable right of way expenses include land and improvement costs. Legal Review: Agreement – Paul Higbee, Jarrard & Davis on 3/24/14 Concurrent Review Chris Lagerbloom, City Manager Attachments: Contract including Resolution Revised 4106109 Revised 10/07/09 Revised 3115113 CONTRACT FOR ACQUISITION OF RIGHT OF WAY STATE -AID OR FEDERAL -AID PROJECT Reimbursable PROJECT: CSHPP-0007-40(313) COUNTY: FULTDN STATE ROUTE: 372 P.I. NO.: 0007313 STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON This Agreement made and entered into this day of , by and between the DEPARTMENT OF TRANSPORTATION (hereinafter called the DEPARTMENT) and the CITY OF MILTON (hereinafter called the CITY). WITNESSETH THAT: WHEREAS, the DEPARTMENT, and the CITY, propose to let to construction the above indicated project located on SR 372 @7a Crabapple Road; Including New Location & Intersection Improvements, the rights of way which are to be acquired in the name of the DEPARTMENT with the cost of the right of way being distributed between the CITY and the DEPARTMENT as hereinafter specified; and, WHEREAS, the DEPARTMENT is authorized to enter into this contract with the CITY by virtue of Section 32-2-2(a) of the Official Code of Georgia Annotated; and, WHEREAS, the CITY is authorized to enter into this contract by virtue of Sections 32-3-3(e), 32-4-41(6), 32-4-42, 32-4-61 and 32-5-25 of the Official Corse of Georgia Annotated and by a certain resolution of the Mayor and City Council, adopted the _day of , 20 ; and WHEREAS, said rights of way are to be acquired by the CITY in accordance with certain specified requirements of the Federal -aid Highway Act of 1970, as amended, and regulations of the DEPARTMENT in order for the construction cost of said project to be eligible for State or Federal participation. NOW, THEREFORE, in consideration of Ten ($14.00) Dollars in hand paid to the CITY, the receipt of which is hereby acknowledged, and the mutual promises and covenants hereinafter set out, the DEPARTMENT and the CITY agree as follows: 1of17 ITEM I The DEPARTMENT agrees to reimburse the CITY Not to Exceed $1,270,000.00 for eligible right of way costs. Reimbursable right of way expenses include land and improvement costs, relocation expenses and contracted property management costs. Non -reimbursable right of way expenses include, but may not be limited to, manpower, appraisal, administrative, attorney fees and any in-house property management. Reimbursement of acquisition expenses will be eligible after completion of. all land and improvement acquisition; completion of all property management; completion of all demolition; and, after all occupants have relocated off the project. Further, before any reimbursement of funding occurs, the CITY shall certify in writing to the DEPARTMENT that title to all parcels, whether acquired by deed or condemnation, has been quitclaimed from the CITY to the DEPARTMENT, and that all property management, all demolition and all relocation has been completed. Said certification will include a statement that "All parcels are vacant and immediately available for construction purposes". Each appraiser utilized on this project must be selected from the DEPARTMENT's "Approved Appraiser List". The DEPARTMENT shall review and approve each selection prior to the CITY contracting with the appraiser. All appraisals will be submitted to the DEPARTMENT for review, for approval and to establish fair market value prior to negotiations. r Except as specified in ITEM V of this contract, all counter offers, administrative settlements and legal settlements above the fair market value must be reviewed and approved by the DEPARTMENT if the CITY expects the DEPARTMENT to participate in any increased settlement agreement above the fair market value. It is understood and agreed that the DEPARTMENT may participate in a court directed award above the fair market value subject to the availability of funds identified for the Project. The DEPARTMENT will not be required to participate in any such award increase that is not supported by a court order. It is further agreed between the parties that the DEPARTMENT shall be the final arbiter of whether an increase in an award or expense will be reimbursable to the CITY. ITEM IX The DEPARTMENT will prepare the deeds in the name of the DEPARTMENT for use in acquiring the Right of Way. The CITY shall ensure at the time of closing that the current, approved deed or easement document reflects the latest revised or current required right of way description and/or easement(s) description. The CITY will provide, at CITY expense with no reimbursement, all legal counsel associated with acquiring properties by deed. The CITY, or its designated representative, will prepare all Condemnation Petitions in the name of the CITY and will provide all legal counsel and/or litigation associated with acquiring properties through condemnation at CITY expense. 2of17 After receipt of the approved and accepted certification from the CITY to the DEPARTMENT and after ail acquired parcels, whether by deed or by condemnation, have been executed, quitclaimed, transferred in name from the CITY and recorded in the name of the DEPARTMENT, the DEPARTMENT will reimburse the CI'T'Y pursuant to ITEM III herein. ITEM III Asset forth in ITEM I above, the DEPARTMENT will reimburse "Not to Exceed S1,270,O00.00 of eligible right of way expenses. The procedure for reimbursement is as follows: All files and reimbursement requests shall be directed to the District Local Government Right of Way Coordinator in the Chamblee District Office. All reimbursement matters shall first be reviewed at the District Level in accordance with current guidelines and policies. Reimbursement to the CITY will be issued from the General Office in Atlanta following receipt of all approved documents and the accepted and approved CITY certification. Three (3) copies of the followinp- items shall be included for each parcel and activity cost to be reimbursed: 1) Reimbursement of eligible expenses associated with properties acquired by deed or easement: a) Recorded Deed or Easement b) Copy of Completed Negotiation Record c) Copy of the Approved Option d) Executed Closing Statement e) Copy of approved Review Appraisers Report (Form 532) 2) Reimbursement of eligible expenses associated with properties acquired through condemnation: a) Copy of the filed, recorded Condemnation Petition with identified docket number. b) Copy of receipt for monies deposited into court. c) Copy of Quitclaim Deed from City to Department 3) Reimbursement of eligible property management costs: a) Copy of verifiable and detailed invoice from the contractor and receipt for payment from the CITY and any fee contractors employed by the CITY for Property Management activities. 4) Reimbursement of eligible relocation costs: a) Copy of Relocation Payment Checks b) Copy of Executed Relocation Claim Forms c) Copy of the Approval Authorization of Payment Amount 3 of 17 Any deviation from or change in the above described procedure must be approved by the State Right of Way Administrator in the Atlanta General Office. ITEM IV The CITY, at CITY expense, will ensure the demolition and removal in their entirety of all buildings, walls, fences, gates, underground storage tanks, signs, or any other improvements and structures of any nature or description, lying wholly or partially situated within the right of way and/or easement area, whether surface or subsurface. The demolition and removal shall be in accordance with procedures approved by the DEPARTMENT. The DEPARTMENT will not remove any improvements or structures as clearing and grubbing items. This is a reimbursable expense to the CITY except when the CITY performs any demolition by CITY forces. The DEPARTMENT will only reimburse demolition performed by fee contractors, supported by appropriate, verifiable paid receipts. Any and all contaminated properties will require the DEPARTMENT's approval before being acquired by the CITY. Removal of underground tanks and other hazardous materials will be in accordance with all current Environmental Protection Agency (EPA), Environmental Protection Division (EPD), State and Federal regulations, laws and procedures. ITEM V The CITY has the authority to approve a counter offer or an administrative settlement up to $10,000 or 10% above the approved Fair Market Value. On legal settlement authority for condemned parcels, the CITY authority level is 20% or $20,000, whichever is greater. All other counter offers, administrative settlements and legal settlement authority on condemned parcels must be reviewed and approved by the DEPARTMENT, if the DEPARTMENT is to participate in any increased expense. Any modification whatsoever or any special provision included as an agreement to any document must first be approved and appropriately accepted by the DEPARTMENT. The District Local Government Coordinator in the Chamblee District Office will function as the CITY liaison with the DEPARTMENT. All counter offers, check requests, and any matters to be considered for agreement will be submitted through the District Local Government Coordinator. Once a determination has been made by the General Office, the District Local Government Coordinator will notify the CITY, in writing, of either approval or rejection of the submitted proposal. The DEPARTMENT will not participate in any portion of a counter proposal which is closed prior to DEPARTMENT review, approval and acceptance. ITEM VI During the life of this contract and prior to completion of the construction work and final acceptance of the project by the DEPARTMENT, the CITY agrees not to use convict labor in any way on the project. 4 of 17 ITEM VII Once the environmental clearance is obtained and the right of way pians are approved, the CITY can begin non -reimbursable, pre-acquisition activities; however, no offers can be made until: an acceptable project cost estimate has been submitted, reviewed and approved; ROW funds have been authorized in accordance with CFR 23.710.307; and, the DEPARTMENT has issued a Notice to Proceed to the CITY for any eligible, reimbursable right of way acquisition activities. The CITY agrees to defend, at CITY expense, any and all suits, if any should arise, involving property titles and/or contaminated properties associated with the acquisition of Rights of Way by deed or condemnation. ITEM VTii The CITY will, as required by law, proceed within fifteen (15) days after being notified by the DEPARTMENT to acquire the Rights of Way for said project free of all encumbrances by gift, deed, easements or condemnation in accordance with the approved plans. ITEM IX The CITY will, in the right of way acquisition procedure, observe and comply with Title 49 Code of Federal Regulations Part 24; Title 23 Code of Federal Regulations Part 710; Georgia Laws 1972, p. 931, as amended; and, in accordance with the requirements as outlined in the Relocation Assistance Manual prepared by the DEPARTMENT. The CITY will be responsible for making payments to owners as required under this procedure for any incidental expenses for the transfer of real property for rights of way purposes and any other moving and relocation expenses as required under the law and determined to be proper by the DEPARTMENT. Appeals of relocation assistance benefits will be submitted to the Department for review. Response to an appeal will be the responsibility of the DEPARTMENT. The CITY will, in their acquisition of the right of way, comply with the procedures set forth in Attachment No. 1 - Memorandum of Instructions, attached. During the performance of this Contract, the CITY will also comply with the Regulations of the U_ S. Department of Transportation relative to nondiscrimination in State Aid or Federally -assisted programs of said Department in accordance with the stipulations as indicated under Appendix "A", attached. The CITY shall also comply with all provisions as set forth in ADDENDUM 1, GDOT TITLE VI Assurances as attached, inclusive of APPENDIX A, APPENDIX B and APPENDIX C of attached ADDENDUM 1. ITEM X Where determined to be desirable, the CITY will provide rodent control measures as required by the U. S. Department of Transportation prior to the demolition or removal of improvements located within the right of way of the project. The measures employed 5 of 17 shall be in accordance with procedures approved by State and Local laws and regulations governing rodent control. These costs are not reimbursable. ITEM XI This Agreement sets forth the entire understanding between the Parties relating to the subject contained herein and supersedes all prior oral and written understandings, arrangements and agreements between the parties relating thereto. It is understood that no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless evidenced by an amendment to this Agreement signed by both the DEPARTMENT and the CITY. ITEM XII The CITY shall maintain all boobs, documents, papers, accounting records, and other evidence pertaining to costs associated with this Agreement and used in support of its activities and shall make such material available at all reasonable times during the period of this Agreement, and for three years from the date of final payment under this Agreement, for inspection by the GDOT, and any reviewing agencies, and copies thereof shall be furnished upon request. ITEM XHI TIME IS OF THE ESSENCE IN THIS CONTRACT. UNLESS OTHERWISE AMENDED BY THE MUTUAL AGREEMENT OF THE PARTIES HERETO, THIS CONTRACT WILL EXPIRE NO LATER THAN THE CONCLUSION OF FY 2015. 6of17 IN WITNESS WHEREOF, this instrument has been and is executed on behalf of the DEPARTMENT OF TRANSPORTATION by the Commissioner and on behalf of CITY by being duly authorized to do so by the Mayor and City Council of said CITY. Executed on Behalf of the Executed on Behalf of DEPARTMENT OF TRANSPORTATION CITY this day of this day of ,20 ,20 MAYOR APPROVED: CITY Council COMMISSIONER This Contract approved by the City Council at a meeting held at ATTEST DEPARTMENT OF TRANSPORTATION: X18,34 7 7of17 the 20 CLERK OF THE CITY day of Witness for the CITY: RESOLUTION OF THE CITY STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON BE IT RESOLVED by the Mayor and City Council of CITY and it is hereby resolved, that the foregoing attached Agreement, relative to Project CS14P-0007-00(313), located in City of Milton be entered into by the Mayor and City Council, and that as Mayor, and as Clerk, be and they are, thereby authorized and directed to execute the same for and in behalf of said Mayor and City Council. PASSED AND ADOPTED, this day of , 20 ATTEST: C GLERK MAYOR STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON I, as Cleric of the Mayor and City Council do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by the Mayor and City Council. Witness by hand and official signature, this the day of 20 mm CLERK 8of17 ATTACHMENT NO. I MEMORANDUM OF INSTRUCTIONS These instructions are to set forth the procedures necessary for the Political Subdivisions of the State of Georgia to follow when acquiring right of way on highway projects where it is proposed to acquire or construct said project with Federal participation. The Political Subdivision shall make every effort to acquire expeditiously all real property when authorized to proceed. The Political Subdivision may, when they consider it appropriate, attempt to secure the right of way by donation. To assure the property owner is fully informed of his rights, the request for donation must be made in writing and also set forth that they are entitled to full just compensation, if they so desire. A letter prepared by the Department will be made available to use as a guide. if a property owner requests payment of just compensation, the provisions of paragraph one (1) must be followed. Nothing herein shall be construed to prevent a person whose real property is being acquired from malting a gift or donation of such property, or any part thereof, or of any compensation paid therefore, after such person has been fully informed of his right to receive just compensation for the acquisition of his property. l . At the initiation of negotiations each owner must be fully informed of his right to receive just compensation for the acquisition of his property. In order to assure just compensation is being offered, the following steps must be taken: A) A General Certified Appraiser, who is on the Department's approved list, must utilize an appropriate valuation method (appraisal/data book/cost estimate) as determined by the Department. B) The appraiser must give the owner or his designated representative an opportunity to accompany him during his inspection of the property. A statement is to be in the report that this opportunity was provided. C) The report must be adequately documented to support the conclusion of the appraiser and shall be prepared in accordance with the guidelines set forth by the Department. D) The Department must review the appraisal and approve in writing the estimated amount of just compensation to be offered to the property owner. E) The offer must be made in writing for the full amount of the aforesaid estimate of just compensation. Where appropriate, the written offer must state separately the amount for the real property being acquired and the amount attributable to damages to the remaining property 2. No person occupying real property shall be required to move from his home, farm, or business without at least three (3) months written notice. 3. The Department will furnish copies of letters, settlement and disbursements statements and such other forms, as it may deem necessary or desirable. 4. Copies of all letters, forms, deeds and status reports used in the acquisition of Rights of Way for this project must be forwarded to the Department upon request, for future reference. 9of17 The City will be responsible for determining benefits and preparing relocation assistance packages. Packages must be submitted to the Department for review and approval prior to offers of benefits being made. 6. Any consultant contracted for negotiation services for the acquisition of right of way for the CITY must hold either a Real Estate License and be affiliated with a broker, or hold a Real Estate Broker's License in accordance with OCGA 43-40 unless identified as an exception under OCGA 43-40-29. Said consultant must attend any present and all future mandatory training classes required by the DEPARTMENT. 10 of 17 APPENDIX "A" A. COMPLIANCE WITH REGULATIONS: The contractor shall comply with the regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation, Title 49, Codes of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the regulations), which are herein incorporated by reference and made a part of this contract. B. NONDISCRIMINATION: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the regulations, including employment practices when the contract covers a program set forth in APPENDIX "B" of the regulations. C. SOLICITATIONS FOR SUB -CONTRACTS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT: In all solicitation either by competitive bidding or negotiation made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the regulations relative to nondiscrimination on the grounds or race, color or national origin. D. INFORMATION AND REPORTS: The contractor shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Department of Transportation, or the Federal Highway Administrative as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the contractor or under the contract until the contractor complies, and/or 2, Cancellations, termination or suspension of the contract, in whole or in part. F_ INCORPORATION OF PROVISIONS: The contractor shall include the provisions of Paragraphs "A" through "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contract or procurement as the State Department of Transportation or Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request the State Department of Transportation to enter into such a result of such direction, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 11 of 17 ADDENDUM I GDOT Title VI Assurances The Georgia Department of Transportation (hereinafter referred to as the "Recipient"), HEREBY AGREES THAT as a condition to receiving any federal financial assistance from the U.S. Department of Transportation, it will comply with "Title VI of the Civil Rights Act of 1964, 78 Stat, 252, 42 USC 2400d-112 USC 2HOd-4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 3964 (hereinafter referred to as the Regulations), and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin be excluded from participation in, be denial the benefits of, or be otherwise subjected to discrimination under any program or activity far which the Recipient receives federal financial assistance from the Department of Transportation, including the Federal Highway Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This Assurance is required by Subsection 21.7(a)(I) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances to its Federal Aid Highway Program. I. That the Recipient agrees that each "program" and each "facility„ as defined it) Subsections 21.23(e) and 21.23(b) of the Regulaflons, will be (with regard to a "program") conducted, or will be (with regard to a "facility"} operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations made in connection with the Federal Aid Highway Program, and in adapted form in all proposals for negotiated agreements. ' "The Georgia Department of Transportation in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 20OOd--42 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Off'tee of the Secretary, pari 21, Nondlscr€€ final€on to federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies ail bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation. and will not to discriminated against on the grounds of race, color, sex, or national origin in consideration furan award." 3. That the Recipient shall insert the clauses of Appendix A of this Assurance in every contract subject to the Act and the Regu lations. 4. That the Recipient shall insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting a transfer ofresal property, structures, or improvements thereon, or interest therein. 5_ That where the Recipient receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith_ 12 of I7 6_ That ►&here the Recipient received fc&sai ilms its W istamm in The form, or for the aettuisidDo of mod pxQperty. an irstcrest in reat prolxerty, the Assurance shaR c KtO° A r€&4tz T* spat r on, over, or under such praopersy. That the Recipient shall inc€nae the ap7rupristc cSaust:S. cct Ierynt in Appetr:lix C of this AsatuuraGc, as a cr :ena rttatriing svith the laoJx is any future deed>, tea.%el- txi,-rsTiity, HeIMSCs. And sienil*r �asty-ed !site) by €: R-�Cipknt with ❑thor partite, (a) fear thr subscquvm transfer of mal property acquired or isnprovcd Und—cr M, Fede" Aid fli hw y Program: am(i (b) for the construction or use of, or %cuss to space on, �vv, or under, real proper si,.cltaut�'d orimPro ved under 64L°'ederaI Aid 1-1ie-ua}, Program. N. That this Ati3urance vbIiiaw,,. tine Iia=ipie-zt fi-r Ilia porno! during which f�zieraf flnatic Lal ar Nistetrtte is rxtendeu to ti prugrwu, or is in the roan Of r'So aal prufscr13, or real prnperr, or ir:terest therein or straactures Cr improvemer, thereon, itt which cases the Ax a°ma '- th,; RCrCipient or an, transferee For the hmgx x of IhC foli!"aoir 1,vri"d5! �a) the PVT io-d LIkpTiISE, a.€)ir:i; t1l&� is taReci f6x .a !tiirporw feel uiii:h the ICdernf f'traartcW Asn +'. tA.Ice cmeA sed' tar Icer another purpose involving.the pavisic-n of similar Services or 6entfitr; �x (ix) #Ste s" zfu r u Iich titeecfpie-'w retains 0Wrtership r'x pa &'aeamion atha pxaperty. . 9, The Reuips em off pT,4uYW for such mei ut i& of zi azaai Bart for the prcT,rarn, a, aur found by tltc Shaw Sccretsta 'JI-Tcunsportation or the official to wttorn ir'he eek—s S eifk- au"writy, to rriNv re"onabic Waamntz« 14at it, milt, recipient,, ssalt- axtv", a:nntractars, sxt6c tsars to fxatrz s ea StacCC5S@rS ill interest, 7sttti other �atrtjriDams + f�-ttersl i'tnancial &53i5t3ttCc birder Stich progr zn wsfl comply wkh all requirettivnts Imposed or pursasant to the A,a rt:e Rcg:rluciuns, urvJ this Assurance. I US 1iu Rccipi't&nt agt'el:S that 111 €.;tiik-d State, has a right t� ceak jji; f in atoa ,kzrsemcnt .vitas regard 1cx an matte under the A�,-t, fiw Regulalions, and this Aisura:tca. Ti-i1S ASSURAM-E is given in 'si and l'br times amoze of oN aisaiatq any and all tedarai SeA"W, lemssa ,; r*Mracts, prvrk' lY. di Our is or other fe ral FW fiat W M46tance extendicd ager the date hcre,,f it', Clic ie €pivnt by 0- 1. Irx "Anent of T'ranspce-�t tinder the FLV,'crssI Acid Ili imay Prograin and is binding on it, Ater r afxira>ts., Sufi gravatrga. cr.r:tracrnrs suic,xm4avtvrs, transferees, szttaresi arae! Sather lsanic.ipastts zu tie Fcdcra€ Ai HIg#t»uy progr .M. The person ur persuns whose MICS app" bciow nets auihi, rized to sign this As urance cut IS01:1 tsfihe }tecipicxtt. w Keith Golden, P,F, � ammizut60nt$r Mates AstumhrncnSs: Appendices Mcg 8 and C. 13 of 17 APPENDIX A (of ADDENDUM 1) The text below, in its entirety, is in all contracts entered into by GDOT. All of the text except the final section, entitled "Incorporation of Provisions," should be included in any contract entered into by any GDOT contractor. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the `Contractor'), agree as follows: 1. Compliance witb Regulations The Contractor shall comply with the Regulations relative to nondiscrimination in federally- assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of material and leases o f equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Georgia Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Georgia Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Georgia Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies; and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 14 of 17 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through �5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Georgia Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Georgia Department of Transportation to enter into such litigation to protect the interests of the Georgia Department of Transportation and, in addition; the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 15of17 APPENDIX B (of ADDENDUM 1) The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures, or improvements thereon, or interest therein from the United States. Granting Clause NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the Georgia Department of Transportation will accept Title to the lands and maintain the project constructed thereon, in accordance with Title 23, [United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. .2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Georgia Department of Transportation all the right, Title and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. Habendum Clause TO HAVE AND TO HOLD said lands and interests therein unto Georgia Department of Transportation and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the Georgia Department of Transportation, its successors and assigns. The Georgia Department of Transportation, in consideration or the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, he excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on over or under such lands hereby conveyed [J [and)* (2) that the Georgia Department of Transportation shall use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended [J and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.' Reverter clause and related language to he used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. 16 of 17 APPENDIX C_(of ADDENDUM 1) The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the Georgia Department of Transportation pursuant to the provisions of Assurance 6(a). The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, SubTitle A, office of the Secretary, Part21, Nondiscrimination in Federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of t964, and as said Regulations may be amended. [Include in licenses, leases, permits, etc.]* That in the event of breach of any of the above nondiscrimination covenants, Georgia Department of Transportation shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. [Include in deed.]* That in the event of breach of any of the above nondiscrimination covenants, Georgia Department of Transportation shall have the right to reenter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of Georgia Department of Transportation and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by Georgia Department of Transportation pursuant to the provisions of Assurance 6(b). The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that (1) no person on the ground of race, color. or national origin shall be excluded from participation in, denied the benefits of, or he otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of, race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations. Department of Transportation, SubTitle A, Office of the Secretary. Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964), and as said Regulations may be amended. [Include in licenses, leases, permits, etc]" That in the event of breach of any of the above nondiscrimination covenants, Georgia Department of Transportation shall have the right to terminate the [license, lease, permit, etc.] and to reenter and repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued. [include in deeds]* That in the event of breach of any of the above nondiscrimination covenants, Georgia Department of Transportation shall have the right to reenter said land and facilities there -on, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of Georgia Department of Transportation and its assigns. " Reverter clause and related language to be used my when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. 17 of 17 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contract No. and Name: Name of Contracting Entity: By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E -Verify,` in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract far the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91tb7. The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation at the time the subcontractor(s) is retained to perform such service. EEV / E-VerifyT" User Identification dumber Date of Authorization BY: Authorized Officer or Agent Date (Name of Person or Entity) Title of Authorized Officer or Agent Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201 [NOTARY SEAL] Notary Public My Commission Expires: * or any subsequent replacement operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603 Revised SMl I HOME OF ' M I LTO N111"4 FSTALI ISHFP ?QO(, CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 31, 2014 FROM: City Manager AGENDA ITEM: Approval of the Following Subdivision Plats: Name of Developm, Blue Valley Phase I Blue Valley Phase II Deerfield Green Phase I Meadowood Highgrove Action Final Plat Revision Final Plat Final Plat Revision Minor Plat Final Subdivision Plat Revision Comments Change address of lot 67, show new location of Rosebay Trail, add landscape easement between Rosebay Trail and Waxmyrtle Road Create four lots Revision of lots 231-240 Create three lots Revision of setbacks and zoning classification, update owner information, update contact information, removed utilities and easement on Lot 1, revised lot lines between Lots 3-4, 10-11 & 12-13 MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. 9APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES 'KNO CITY ATTORNEY REVIEW REQUIRED: O YES A_NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: B V 14 / ® youl PHONE: 578.242.2500 FAX: 578.242.2499 rrw� epi *Certified * °p U" infoOcityofmiltonga.us I www.cityofmilfonga.us '"'a Community t.���hic� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 e To: Honorable Mayor and City Council Members From: Kathy Field, Community Development Director Date: Submitted on March 24, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Approval of Subdivision Plats ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Name of Development Action Comments Blue Valley Phase I Final Plat Revision Change address of lot 67, show new location of Rosebay Trail, add landscape easement between Rosebay Trail and Waxmyrtle Road Blue Valley Phase II Final Plat Create four lots Deerfield Green Phase I Final Plat Revision Revision of lots 231-240 Meadowood Minor Plat Create three lots Highgrove Final Subdivision Plat Revision Revision of setbacks and zoning classification, update owner information, update contact information, removed utilities and easement on Lot 1, revised lot lines between Lots 3-4, 10-11 & 12-13 Funding and Fiscal Impact: None Alternatives: Plat Revision Staff Memo Do not approve Legal Review: None – not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): None HOME OF 'THF BEST QUALITY OF LIFE IN GEORGIA' M.1 LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 31, 2014 FROM: City Manager AGENDA ITEM: Approval of a Memorandum of Understanding between the City of Milton and 33North Sports & Entertainment, L.L.C. to Provide a Strategic Plan for Creating a Corporate Partnership Program. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: {YES CITY ATTORNEY REVIEW REQUIRED: ( YES APPROVAL BY CITY ATTORNEY (APPROVED, ` PLACED ON AGENDA FOR. 0,14 !q REMARKS O NOTAPPROVED () NO () NO () NO T APPRO VED © Your PHONE: 678.242,2500 Green 'V *,Certified ,ETs�'�5FAX: 67$.242.2499 Community c�ry�r info@cityofmiltonga.us I www.cityofmiHonga.us , 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - =ERT"'f° BRONZE - ',A7 MEMORANDUM OF UNDERSTANDING WHEREAS, the City of Militon, Georgia, a duly formed municipal corporation in the State of Georgia (hereinafter "Milton"), and 33North Sports & Entertainment, LLC, a duly formed limited liability Georgia Corporation (hereinafter "33North"), and, in exchange for good and valuable consideration, the receipt and sufficiency of which are confirmed by the signatures below, do hereby show and agree to the following; WHEREAS, Milton is desirous of entering into a short term agreement with 33North such that 33North will leverage its hospitality and corporate sponsorship expertise to fully exploit opportunities in Milton for aggregating and marketing city events and other municipality -focused sponsorship opportunities; WHEREAS, attached hereto as Exhibit A is an overview, background, critical path, scope of work and budget/payment schedule regarding this proposed project (hereinafter "Project,"); WHEREAS, 33North, based upon its knowledge of the local market, its expertise in enhancing corporate sponsorship opportunities, and its existing arrangements with other nearby municipalities in advancing the same or similar opportunities, is uniquely equipped to maximize Milton's potential return on investment in developing mutually advantageous public/private partnerships for funding and branding of Milton -based civic events; WHEREAS, Milton has determined, by and through Milton's purchasing manager, that selection of 33North as a sole source as that term is contemplated in 2-626(b)(7) of the Milton purchasing policies; NOW THEREFORE, based upon the above, Milton and 33North hereby enter into this memorandum of understanding ("MOU") and commit to the following: 1. 33North shall develop a sponsorship platform that will enable Milton to strategically aggregate assets of existing city events, create new strategic events and package those assets appropriately to take to market in a manner that would be appealing to brands. THEREFORE, this initiative will be carried out in accord with the following phases: 1. Phase One (March/April/May) Sponsorship Discovery — Provide a strategic plan for the City of Milton to discover the essence of creating a corporate partnership program and what that entails from a financial, philosophical and resource standpoint. This process would have 33North providing strategic research, analysis, and recommendations on the go -to - market plan that would meet the cities municipality strategy of maiketing, public relations, advertising and brand strategy. (Time Frame -- Six to ten weeks.) 2. Phase Two (May - September) Sponsorship Asset Pricing and Packaging -- Sponsorship management of all Milton owned and operated events including all aspects of current sponsor assets. Prospecting new business and potential partners creating a category management matrix while developing an ongoing asset and pricing inventory for city events and packages. Provide strategic research, analysis and recommendations for all sponsorship and marketing opportunities to ensure sponsorship portfolio consistency and ensure plans and proposals are in sync with the cities brand and revenue strategies. Manage and advise the city on pricing of all sponsorship marketing and advertising assets and creative ideation of new elements. Develop and maintain a consistent criterion for ROI and analysis catering to all aspects of the City of Milton's business while refining measurement and evaluation technique in line with current industry trends. THEREFORE, the scope of work shall be as follows: 1. Phase I —March 24,2014— May 5, 2014 Creation of the new City of Milton's Corporate Partnership Program 2. Phase 2 — May 5, 2014 — September 30, 2014 -Provide counsel on the City of Milton's new corporate partnership program. -Counsel on activation and negotiate best practices and pricing. -Lead the city through a thorough process of identifying strategic corporate prospects. THEREFORE, payment from Milton to 33North shall be in accord with the following: 1. Payment shall be as follows: 3/24/14 — 3/31/14: $1,437.00 4/01/14 — 4/30114: $5,750.00 5/01114 — 5131/14: $5,750.00 6/01/14 — 6/30/14: $5,750.00 7/01/14 — 7/31/14: $5,750.00 8/01/14 — 8/31//4: $5,750.00 9/01/14 — 9/30/14: $5,750.00 This fee is a monthly investment paid to 33North. This fee is a blended rate for approximately 20 hours of work per month for Kevin Bryant and Abby Port. 33North will also work 10 hours per month gratis for the City of Milton that will consist of a bi-weekly face to face meeting with City of Milton officials in their offices. 2. 33North shall deliver an invoice to Milton in accord with the above monthly amount. Payment shall become due and payable within 30 days of Milton's receipt of the invoice. In no event shall the aggregate total for services under this MOU exceed $40,000, without further approval by the Council. THEREFORE, the following are miscellaneous terms: 1. Milton shall have the right to terminate this MOU at any time, for convenience, with the only obligation being to compensate 33North for services rendered up through and including the date of termination. In the event of termination mid -month, Milton shall pay a pro rata amount based upon the number of days elapsed. 2. 33North shall not enter into any contract, agreement, or memorandum of understanding with any individual, business or entity regarding corporate sponsorship opportunities in Milton — wherein the City of Milton is an intended beneficiary or party - unless and until it has fully advised Milton staff regarding such opportunity, has prepared an agreement regarding same with the advice and input of the Milton City Attorney and has otherwise ensured that the full City Council is advised of same and ratifies same. 3. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 242 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, 33North agrees that, during performance of this MOU, 33North, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, 33North agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this MOU. So agreed this� day 2014 Mayor Joe Lockwood The City of Milton Corporate seal Sudie Gordon Clerk 33North Sports & Entertainment, LLC Overview: 33North is a sports and entertainment marketing agency, located in Roswell, Georgia, that represents corporate and business sponsorships, as well as event and hospitality management programs. By creating unique and tailored sponsorship plans, 33North delivers consistent returns on its client's marketing investments. Background The city of Milton, Georgia is creating a corporate partnership program that would generate new revenue and support events in and around the city of Milton. This program would form strategic alliances with corporate brands that are interested in supporting community programs and events in exchange for advertising and promotional assets that would target Milton residents and visitors. The Cty of Mitton believes there is an opportunity to create a new corporate partnership program that is advantageous for the corporate partner and the City of Milton that would enhance the citizen's experience and fund new venues and events. 33North Sports & Entertainment proposes developing a sponsorship platform which will enable the City of Milton to strategically aggregate assets of existing city events, create new strategic events and package those assets appropriately to take to market in a manner that would be appealing to brands. This program will require an agency and team that understands the solicitation process as well as the execution of this type of platform. This type of direction would need fresh professional leadership and guidance on how to best monetize city operated events and is open to expert consultation on strategy, research, analysis, and marketing. Mittan v�outd set itsetf apartt by cleating such a program and supporting its success. The cultivation and advancement of this program would encompass the following: Phase One (March/April/May) • Sponsorship Discovery — Provide a strategic plan for the City of Milton to discover the essence of creating a corporate partnership program and what that entails from a financial, philosophical and resource standpoint. This process would have 33North providing strategic research, analysis, and recommendations on the go -to -market plan that would meet the cities municipality strategy of marketing, public relations, advertising and brand strategy. • Time Frame — Six to ten weeks. Phase Two (May - September) • Sponsorship Asset Pricing and Packaging — Sponsorship management of all Milton owned and operated events including all aspects of current sponsor assets. Prospecting new business and potential partners creating a category management matrix while developing an ongoing asset and pricing inventory for city events and packages. Provide strategic research, analysis and recommendations for all sponsorship and marketing UHiBiT opportunities to ensure sponsorship portfolio consistency and ensure pians and proposals are in sync with the cities brand and revenue strategies. Manage and advise the city on pricing of all sponsorship marketing and advertising assets and creative ideation of new elements. Develop and maintain a consistent criterion for 1101 and analysis catering to all aspects of the City of Milton's business while refining measurement and evaluation technique in line with current industry trends. 33North Sports & Entertainment, LLC Overview: 33North is a sports and entertainment marketing agency, located in Roswell, Georgia, that represents corporate and business sponsorships, as well as event and hospitality management programs. By creating unique and tailored sponsorship plans, 33North delivers consistent returns on its client's marketing investments. 33North is unique in that it brings the desired services and has direct access to the local market and understands the regional players and Milton's need. The City of Roswell is already using 33North's services and there will be some economy of scale by selecting them for this role. The contract is time period bound and will be evaluated consistently throughout its execution for performance and return on investment. 33North Sports & Entertainment Recommended Scope of Work (SOW): Phase 1 — March 24, 2014 — May 5, 2014 Creation of the new City of Milton's Corporate Partnership Program Phase 2 — May 5, 2014 — September 30, 2014 -Provide counsel on the City of Milton's new corporate partnership program. -Counsel on activation and negotiate best practices and pricing. -Lead the city through a thorough process of identifying strategic corporate prospects. Budget and Payment Schedule Contract: March 24, 2014 — September 30, 2014 Monthly investment: $5,750.00 (paid upon invoice) This fee is a monthly investment paid to 33North Sports & Entertainment. This fee is a blended rate for approximately 20 hours of work per month for Kevin Bryant and Abby Port. 33North Sports & Entertainment will also work 10 hours per month gratis for the City of Milton that will consist of a bi-weekly face to face meeting with City of Milton officials in their offices. HOME OF' t � I ESTABLISHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 3, 2014 FROM: City Manager AGENDA ITEM: Approval of a Second Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Use of Northwestern Middle School. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED CITY ATTORNEY APPROVAL REQUIRED: R YES CITY ATTORNEY REVIEW REQUIRED: k_YES APPROVAL BY CITYATTORNEY (APPROVED PLACED ON AGENDA FOR: o 41 q 14 REMARKS O NOT APPROVED O NO () NO () NOT APPROVED Nl� ® _�► Yount ■rte !� ,"1,�� n *Certified * Top 1Ui PHONE: 678.242.25001 FAX: 578.242.2499 infoOcityofmiltonga.us I www.cityofmiltonga.us Community �h;G 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 mw Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on April 2, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Approval of a Second Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Use of Northwestern Middle School ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Second Intergovernmental Agreement (“IGA”) between the City of Milton and Fulton County Board of Education (“FCBoE”) for the Use of Northwestern Middle School. Executive Summary: The City of Milton has been utilizing the multi-purpose athletic field and the gymnasium at Northwestern Middle school for over two years. In October 2013, the City of Milton entered into an IGA with FCBoE to obtain the operating rights at the multi-purpose field and the gymnasium for a five year period which will end in May 2018. During that time, the Parks and Recreation Department, in conjunction with our programming partners EagleStix and North Georgia Recreation, has built a very successful girls’ lacrosse program (200+ participants) and a growing youth basketball program (175+ participants). In addition, we support the non-city affiliated Milton Junior Eagles Feeder Basketball program by providing gymnasium space for them. The growth of girls’ lacrosse now results in us needing additional field space. We have worked with FCBoE to develop a plan that would have us re-construct the existing baseball/softball field into a modified field that would still retain the diamond shape and dirt infield, and would also have a rectangular outfield that will support a 300’ x 180’ lacrosse field. The outfield will be irrigated by tying in the existing irrigation system from the multi-purpose field. Infrastructure to support lights on the field at a future date will be added in the initial construction phase. This is not standard FCBoE IGA. This agreement is for ten years. This agreement also provides the City with continued access to additional facilities at the school for new programs and other opportunities as they develop. Page 2 of 2 Funding and Fiscal Impact: The IGA commits the City to construct the field and maintain the modified field. This includes paying the water bill for irrigation, cutting the grass and the turf maintenance. Field Construction is estimated at $125,000. Annual maintenance is estimated at $8,000. EagleStix Lacrosse has agreed to fund these costs and, in fact, has been maintaining the field for the past 24 months. There is no net payment by the City to meet the contract requirements. Alternatives: We are currently out of space at Northwestern Middle School and in fact we are using the field at Birmingham Falls Elementary School (“BFES”) to support the lacrosse program. Using the BFES field hurts the continuity of the lacrosse program and also limits our ability to use the BFES field for other programing needs. Legal Review: Paul Higbee – Jarrard & Davis February 5, 2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Intergovernmental Agreement between the City of Milton and Fulton County Board of Education Northwestern Middle School INTERGOVERNMENTAL AGREEMENT THIS LEASE AGREEMENT (the "Agreement"), made and entered into as of this 1/4. of &ZL , 2014, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as "City") and the FULTON COUNTY BOARD OF EDUCATION, a political subdivision of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as "FCBE"). Background Information A. FCBE owns certain real property located at 12805 Birmingham Highway, Milton, Ga 30004 (the "Middle School Property"), on which Northwestern Middle School (the "Middle School") is located. The Middle School Property is hereinafter referred to as the "School Property." The Middle School is also referred to herein as a "School." B. A baseball and softball field is located on the Middle School Property. The Middle School Facilities hereinafter referred to as the "School Facilities," as identified on Exhibit A attached hereto and incorporated herein by reference, shall be comprised of the aforementioned baseball and softball field as well as the Gymnasium, the Cafeteria, and other indoor facilities. The City proposes to renovate and expand the baseball and softball field such that it can continue to function as a baseball and softball field and also serve as a multipurpose field with a rectangular outfield. At the time that the expanded field is reconstructed, the underground infrastructure to support field lights will be installed. The actual lights will be installed as part of a 2"d phase in 2 to 3 years. C. FCBE and City desire to enter into this Agreement to provide for the joint use of the School Facilities by FCBE and City. Agreement Now, therefore, in consideration of the premises and mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and FCBE hereby agree as follows: Use of School Facilities by City. FCBE hereby grants the City the right to use the School Facilities on the following terms and conditions: a. FCBE expressly reserves priority to use the School Facilities for school activities, including extracurricular activities, from 7:00 a.m. until 5:30 p.m., Monday through Friday, during each Academic Year during the Term of the Agreement. FCBE and City expressly agree that during such times, the School Facilities may be used for the activities of any Fulton County School. As used herein, the term "Academic Year" shall be defined by FCBE on an annual basis. b. City shall have no right to use the School Facilities during Regular School Hours unless the principal (the "Principal") of the School on which such School Facilities are located or his or her designee consents to such use in such Principal's sole and absolute discretion. As used herein, the term "Regular School Hours" shall mean the periods from 7:00 a.m. through 3:00 p.m., Monday through Friday, throughout each Academic Year during the Term of the Agreement. c. City may request the use of the School Facilities after Regular School Hours when FCBE has priority to use such School Facilities (i.e., from 3:00 p.m. until 5:30 p.m., Monday through Friday, throughout each Academic Year during the Term of the Agreement) by notifying the Principal of the School on which such School Facilities are located in writing not less than one week prior to the date City desires to use such School Facilities. Such Principal shall use reasonable efforts to accommodate such request. d. During each Academic Year, City shall have first priority use of the School Facilities Monday through Friday from 5:30 p.m. until dark. The City shall have first priority use of the School Facilities on Saturdays from 9:00 a.m. until 5:00 p.m., and on Sundays from 12:00 p.m. until 5:00 p.m. City shall also have first priority use of the School Facilities during the Non -Academic Year, defined as the time between the end of each Academic Year and the beginning of the next Academic Year. The times for use of the School Facilities during the Non -Academic Year shall be the same as times for use during the Academic Year. The City may request additional time for the use of the School Facilities during the Non -Academic Year through the School's Principal. The Principal shall use reasonable efforts to accommodate such request. Notwithstanding, City acknowledges that the Principal may schedule special events to be held during the Academic Year and Non -Academic Year while City has first priority use, whereas City will accommodate such scheduled events as long as proper notice of 30 days is given by the Principal to the City. FCBE and the City shall determine a mutually agreed upon period of rest for the Multipurpose Field for a period of no less than thirty (30) days during the Non -Academic Year in order to maintain the quality of the turf. e. Notwithstanding subsection 1.d. above, FCBE may request the use of the School Facilities during times when City has first priority to use such School Facilities as described above by notifying City in writing not less than one week prior to the date FCBE desires such School Facilities. City shall use reasonable efforts to accommodate such requests. FCBE and City expressly agree that during such times, the School Facilities may be used for the activities of any Fulton County School. f. City and FCBE acknowledge that non -City sponsored groups may, from time to time, request the use of the School Facilities or have the right to request the use of the School Facilities. Such groups may be permitted to use the School Facilities provided that (a) such groups qualify, in FCBE's or its representative's sole discretion, to use the School Facilities under FCBE's policy governing use of the School Facilities; (b) both FCBE and City deem the proposed activity to be an appropriate use of the School Facilities; (c) the use does not interfere in any way with the conduct of school activities, including but not limited to, after-school athletic and other extracurricular activities of whatever nature of any Fulton County School; (d) the use does not interfere in any way with the conduct of City's recreational activities; (e) the activity does not conflict with any previously scheduled activities of City or FCBE; (f) reasonable periods of rest are observed in order to maintain the quality of any turf located on any of the School Facilities, and (g) such non -City sponsored groups agree in writing to the following: (g.1 ) provide supervisory and security personnel to properly maintain the order and discipline when the School Facilities are being used by such groups; (g.2) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; (g.3) if applicable, secure and lock the School Facilities upon the completion of each practice, game or other activity thereon; (g.4) maintain the exterior School Facilities during the period of use; and (g.5) pay the required "usage" fees, if any, as referenced in Exhibit C, attached hereto and incorporated herein by reference. When non -City sponsored groups request the use of the School Facilities during the times when City has the priority to use the School Facilities, City will use reasonable efforts to accommodate such requests and will be responsible for scheduling such activities, and City will promptly notify the Principal of the School on which such activities will occur of each such request. The Principal will coordinate such scheduling when non -City sponsored groups request to use the School Facilities during all times when City does not have the exclusive right to use the School Facilities. The principal shall use reasonable efforts to accommodate such request. g. City shall (i) provide supervisory and security personnel to properly maintain order and discipline when the School Facilities are being used by City; (ii) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; and (iii) if applicable, secure and lock the School Facilities upon completion of each practice, game or other activity thereon. h. City shall keep all motorized vehicles off grassed areas at subject schools and parking shall be limited to designated areas only. i. City's use of the School Facilities is expressly subject to and conditional upon City's compliance with Fulton County Board of Education Policy KG and Procedure KG, which Policy and Procedure are hereby incorporated into this Agreement as referenced in Exhibit D, attached hereto and incorporated herein by reference. In the event of any conflict between the terms of this Agreement and Policy KG and Procedure KG, the Policy and Procedure shall control. j. No food or drink with the exception of water shall be allowed in the interior School Facilities. 2. Term of Agreement. This agreement shall be for a term commencing on the 1st day of June 2014 and ending on the 31st day of May 2024, provided that the Board of Education may cancel this agreement if City fails to timely remedy any non-compliance with this Agreement within thirty days of written notice of FCBE's intention to cancel the Lease Agreement, notwithstanding the terms of Sections 9, 11 and 14(b) of this Agreement. 3. Consideration and Expenses. The parties agree that the mutual use of the School Facilities by the parties is the consideration for the entry into this Agreement by both parties and that no rent shall be payable for the use of the exterior School Facilities by either FCBE or City; however, rent shall be payable by the City for the use of the interior School Facilities. Notwithstanding the foregoing, the City agrees that it shall make the initial improvements as described in Exhibit B, attached hereto and incorporated herein by reference. The said initial improvements shall be made by the City within the first year of the initial term, more specifically during the period recognized as the Non - Academic Year and the said initial improvements shall be completed prior to the next Academic year. The City shall pay for all usage fees associated for the use of any interior School Facilities and the City's use of the modified field shall be free of charge. The usage fees shall be assessed on the basis of the Facility Use Fee Schedule, as referenced in Exhibit C. The City acknowledges from time to time on a periodic basis FCBE may change the Facility Use Fee Schedule which the City will abide to such changes. In addition, if FCBE incurs direct costs or expenses (other than maintenance costs, which shall be governed by Section 5 below) solely as a result of the use of FCBE's School Facilities by the City (not including maintenance or utility expenses resulting from the reasonable use of such School Facilities) upon FCBE being made aware of such costs or expenses, FCBE shall notify the City of such costs or expense prior to the City's continued use of such School Facilities, and the City shall be required to reimburse FCBE for such costs or expenses within thirty (30) days of the request. 4. Maintenance of Facilities. a. In addition to the obligations contained in subsection 1.g. above, during the Academic Year, each party shall, at such party's expense, maintain the School Facilities in good condition and repair in relation to each party's use of the School Facilities, including without limitation the provision of routine custodial services and landscape maintenance services and the repair and replacement of all equipment and improvements located on the School Facilities. City agrees that it will maintain and repair the irrigation system for the School Facilities at its own cost, which repairs and maintenance shall conform to Lessor's specifications for such irrigation system, and agrees to keep it in good working order and in compliance with all local codes. In addition, City shall pay for all water used for the irrigation system for the School Facilities during the term of this Agreement and any renewal terms. Such payment shall be due within 60 days of receipt of invoice based upon an estimate of annual water costs to be provided by Lessor or its designee with a final accounting (and payment or refund) once the actual cost has been determined. Periodic inspections may be performed of the field improvement by Lessor or its agents or employees of the field improvements with any problems (and origin thereof, if identifiable) to be reported to the offices of the FCBE. City shall maintain, at City's sole expense, the School Facilities in a good and safe condition. Maintenance shall include, but not be limited to, mowing the field on a routine basis, fertilizing, re -seeding, and making such improvements as may be necessary or reasonably requested by Lessor subject to those conditions noted in Paragraph 2. As used herein, the term "routine custodial services" shall include without limitation, the collection of litter and debris from the School Facilities; weekly removal of the contents of trash receptacles and weekly removal of hazardous items from areas utilized or 4 accessible to staff, students, or visitors. The City shall maintain an adequate level of sanitary supplies as mutually agreed upon by the City and Principal. b. Notwithstanding the terms of subsection 5.a. above, during the Term of the Agreement, the City shall maintain the School Facilities during the period of the Non - Academic Year. The City shall also maintain the School Facilities, in relation to its use of such Facilities, during the Non -Academic Year. c. Neither party shall have the right to construct any improvements on the property owned by the other party without such other party's consent, which may be withheld in such other party's sole discretion. During the Term, neither party shall demolish any of the facilities located on such party's property without the consent of the other party hereto, which consent shall not be unreasonably withheld, conditioned or delayed. 5. Utilities. The City shall pay all water and electricity charges for the maintenance of the expanded field. 6. Insurance. The City shall maintain a minimum of $1 million commercial general liability (including bodily injury, property damage and fire legal liability) insurance with a $2 million general aggregate, shall maintain a minimum of $1 million automobile liability insurance (CSL), and provide statutory Workers Compensation coverage with a minimum Employers Liability of $100,000 per accident, $500,000 policy limit. Any third party using the School Facilities with the express, written consent of the City shall maintain a minimum of $1 million commercial general liability(including bodily injury and property damage) and automobile liability insurance coverage, with minimum policy limit of $1 million per occurrence (CSL), and name FCBE and City as additional insureds. For purposes of this Agreement, the phrase "third party using the School Facilities" shall mean an entity, group, or individual other than an agent, employee, or elected or appointed official of the City or the FCBE that receives written permission from the FCBE or City to use the School Facilities for a function , event or program in a manner substantively more intense than general public use, it being understood and agreed that `use of the School Facilities' by the general public for general recreational purposes shall not require acquisition of the insurance referenced immediately above. Any third party performing building, construction, or public improvement projects on the School Facilities with the express written consent of FCBE shall be required to maintain a minimum of $2 million commercial general liability (including bodily injury and property damage) insurance, shall maintain a minimum of $1 million automobile liability insurance (CSL) naming both FBCE and City as additional insureds and provide statutory Workers Compensation coverage with a minimum Employers Liability of $100,000 per accident, $500,000 policy limit. Any third party performing building, construction or public improvement projects on the School Facilities shall submit proof of insurance by submitting a certificate of insurance prior to performing such work. 7. Liability. City shall be responsible for the acts and omissions of City and its agents, contractors or employees. FCBE shall be responsible for the acts and omissions of FCBE and its agents, contractors, or employees. Any third party using the Facilities shall be required to defend, indemnify and hold harmless FCBE and City and their agents and employees against all costs, damages, or claims, whether for personal injury or property damage, arising out of any act or omission of such third party in connection with its use of the School Facilities. 8. Casualty. If any of the School Facilities are damaged or destroyed during the Term of the Agreement by a casualty loss, the party that owns such School Facilities may elect to rebuild or restore same. If such damage or destruction is due to the acts or omission of the other party, then the owner may elect to rebuild or restore the damaged or destroyed School Facilities subject to reimbursement by the other party pursuant to the terms of Section 7 above. 9. Condemnation. In the event all or any portion of the School Property is condemned by any legally constituted authority for any public use or purpose, or sold under threat of condemnation, then all condemnation awards or sales proceeds shall belong to the owner of such condemned or sold property, and this Agreement shall terminate as to such property on the date of such condemnation or sale. If a portion of the School Property that contains all of the School Facilities is so condemned or sold then this Agreement shall terminate on the date of such condemnation or sale. 10. Liens. No encumbrances, charges or liens against the School Facilities shall exist because of any action or inaction by either party or such party's independent contractors. Each party shall discharge by bond or otherwise within ten (10) days of notice of existence of any lien, encumbrance or other charge arising because of the actions of such party. 11. Termination. (a) Either party shall have the right to terminate this Agreement without cause upon ninety (90) days prior written notice. In the event of termination, FCBE shall have no obligation to compensate City, including any compensation for any remaining value of any improvements, and all improvements made by City or on City's behalf shall remain with the School Facilities. (b) In the event either party defaults in the performance of any of its obligations under this Agreement, the non -defaulting party shall, in addition to all other rights and remedies available to such non -defaulting party at law or in equity, have the right to (i) provide written notice to the defaulting party of the intention to terminate this Agreement within (30) days of the written notice if such default is not remedied within the 30 days, or (ii) cure such default at the expense of the defaulting party. The defaulting party, within ten (10) days of the receipt of a statement for reimbursement, shall reimburse the other party for any amount paid and any expense or contractual liability so incurred. Notwithstanding the foregoing, if (i) such default is of such nature that it cannot reasonably be remedied within such thirty (30) day period, (ii) the defaulting party has commenced its efforts to remedy such default within such thirty (30) day period and is diligently and in good faith pursuing such efforts, and (iii) actually remedies such breach within sixty (60) days from the date it first receives notice of default from the non - defaulting party, the non -defaulting party shall not have the right to terminate this Agreement. 12. Expiration of Term. a. Upon the expiration of the Term of the Agreement, all fixed and permanent improvements upon the School Property shall remain the property of FCBE, free and clear of all liens and encumbrances. Either party may remove portable improvements made by such party. A listing of all portable improvements shall be prepared by such party and approved by the other party prior to the removal of said improvements. Except in connection with repairs or replacements, each party covenants not to destroy or remove any improvements constructed (other than portable improvements) or equipment placed upon the other party's property, pursuant to this Agreement or otherwise, without the written consent of the other party, which written consent may not be unreasonably withheld, conditioned, or delayed. b. Upon the expiration of the Term, each party agrees to promptly vacate all parts of the other party's Property. All keys held by a party for the Facilities located on the other party's Property shall be returned to the other party within a reasonable time. 13. Notice. Any notice or consent required to be given by or on behalf of any party hereto to any other party shall be in writing and sent by (i) certified mail, return receipt required or (ii) delivered personally, including by courier or expedited mail service, address as follows (or at such address as may be specified from time to time in writing): If to FCBE: Superintendent Fulton County Board of Education 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315 With a copy to: David Knotts, Director of Land Management Fulton County Board of Education 5270 Northfield Boulevard College Park, Georgia 30349 If to City: Jim Cregge Director of Parks and Recreation City of Milton 13000 Deerfield Parkway, Suite 107A Milton, Ga 30004 All such notices hereunder shall be deemed to have been given on the date of delivery or the date marked on the return receipt unless delivery is refused or cannot be made because of any incorrect address provided by the addressee, in which case the date of postmark shall be deemed notice has been given. 14. Miscellaneous. a. This Agreement shall be construed as an intergovernmental contract, and no estate shall pass out of FCBE or City. Neither party shall, without the prior written consent of the other party, which consent may be withheld in the other party's sole discretion, assign its interest in this Agreement or any interest hereunder. Consent to any assignment shall not destroy this provision and any later assignments shall be made likewise only upon the prior written consent of the other party. Any assignee of either party, at the option of the party, shall become directly liable to the other party for all obligations of the assigning party hereunder, but no assignment by either party shall relieve such party of any liability hereunder to the other party. b. If either party is delayed, hindered or prevented from performing any act or thing required hereunder by reason of strikes, lock -outs, labor troubles, casualties, inability to procure labor, materials or financing, failure or lack of utilities, governmental laws and regulations, riots, insurrection, war, acts of God, inclement weather, or other causes regulations, riots, insurrection, war, acts of God, inclement weather, or other causes beyond the reasonable control of either party ("Force Majeure"), the delayed party shall not be liable, and the period of performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides written notice of such occurrence to the other party within ten (10) days of such occurrence. The foregoing is inapplicable to the payment of money unless such delay is due to an act arising after a party's mailing which affects the physical delivery of the payment. c. THE CITY WILL NOT ALLOW ALCOHOLOIC BEVERAGES OR THE USE OF TOBACCO PRODUCTS ON FCBE'S SCHOOL FACILITIES AT ANY TIME. d. This Agreement constitutes the sole and entire agreement between the parties hereto as of the date hereof, and no modification of this Agreement shall be binding unless attached hereto and signed by City and FCBE. No representation, promise, or inducement not included in this Agreement shall be binding upon any party hereto. e. Time is of the essence for each and every provision and stipulation of this Agreement. f. Each party acknowledges that this Agreement has been freely negotiated by both parties, and that, in any controversy, dispute or contest over the meaning, interpretation, validity or enforceability of this Agreement or any of its terms or conditions, there shall be no inference, presumption, or conclusion drawn whatsoever against either party by virtue of that party having drafted this Agreement or any portion thereof. g. No action or failure to act by any party hereto shall constitute a waiver of any right or duty afforded, to such party under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach of this Agreement except as may be specifically agreed in writing. h. This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall together constitute one and the same instrument. It is the policy of FCBE that unauthorized aliens shall not be employed to perform work on FCBE contracts involving the physical performance of services. Therefore, the FCBE shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the City shall provide evidence on FCBE-provided forms, attached hereto as Exhibits "E" and "F" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and City's subcontractors have 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 FCBE contract to ensure that no unauthorized aliens will be employed, or (2) the City provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. (2) the City provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The City hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and submitted such affidavit to FCBE or provided the FCBE with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, City 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. § 13-10-91 and Rule 300-10-1-.02. In the event the City employs or contracts with any subcontractor(s) in connection with the covered contract, the City 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 "F", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, City agrees to provide a completed copy to the FCBE within five (5) business days of receipt from any subcontractor. Where City is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the FCBE Manager or his/her designee shall be authorized to conduct an inspection of the City's and City's subcontractors' verification process at any time to determine that the verification was correct and complete. The City and City'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. Further, where City is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the FCBE Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no FCBE City or City's subcontractors employ unauthorized aliens on FCBE contracts. By entering into a contract with the FCBE, the City and City'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 City or City's subcontractors are found to have employed an unauthorized alien, the FCBE Manager or his/her designee may report same to the Department of Homeland Security. The City's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the City shall be liable for all damages and delays occasioned by the FCBE thereby. City agrees that the employee -number category designated below is applicable to the City. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. City hereby agrees that, in the event City employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. 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. k. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the parties agrees that, during performance of this Agreement, they, for themselves, their assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the parties agree to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal the day and year first above written. CITY OF MILTON By: Name: !k L-O&NOOV Title: %%1 L-V15K Ll FULTON COUNTY BOARD OF EDUCATION By: _ Name Title: Patrick Burke Date Deputy Superintendent of Operations By: Name: Robert M. Avossa, Ed.D. Date Title: Superintendent Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F 11 nate Notary P Notary Public Notary Public Exhibit A (Site Plan of School Facilities) 12 Birm;ngha� - w i N 0 F n � o a� Wop 0 n n CD CD r+ 4 C � P 1� rD 1"h N 7 n. .4.. ' tr +' : ss: 1 Z. Exhibit B IMPROVEMENTS AND MAINTENANCE BY THE CITY OF MILTON Facilities: The City will renovate and expand the existing baseball/softball field to create a multiple -purpose field. The field, when completed, would have an infield clear of weeds and an outfield of natural grass that can also serve as a 300 foot x 180 foot lacrosse field. The infield is currently covered in weeds and is unplayable as a baseball/softball due to the lack of field maintenance. By restoring the field to a usable state, the NMS Physical Education Department will have an outdoor facility that is suitable for the PE needs of the school. The outfield will be greatly expanded. There will be scrub pine trees removed at the southwest comer of the property, adjacent to the rear teachers' parking lot. There will also be scrub pine trees removed at the northeast comer of the property near the corner of the school closest to the existing multi-purpose field. All trees to be removed have been inspected by the City of Milton Arborist and have been identified as small caliper trees that can be legally removed with no issue of recompense to the tree bank. The City will set up the field for the use of field lights, though the field lights will not go in with the initial construction. More details on the lights are covered in the Lighting section below. In addition, the City requests first -priority use of the interior facilities of the school, specifically, but not limited to, the gymnasium, the cafeteria and classrooms. Also, we request first -priority use of the tennis courts. These facilities would be rented at the standard rental rates in effect at the time of the rental. Lighting: As stated above, the initial plan for the renovation and expansion of the field includes a plan for lighting at a future time. The City will add the lighting two to three years after the initial project phase of construction is completed. However, the City will add the underground infrastructure required to support the future lighting at the time of initial construction. The poles will be 55 feet tall with lights at the 50 foot mark. To power the lights, the City will work with Georgia Power to seek a metered tap of electricity from the transformer supporting the school. Irrigation System: The City of Milton has experience in building irrigation systems that meets the compliance of the FCBE standards, as demonstrated at Birmingham Falls and Cogburn Woods elementary schools. Upon project concept approval, the City will create construction drawings that demonstrate that knowledge and will be part of the package used for public bidding of the construction. The school currently has an irrigation system that supports the existing multi-purpose field. In accordance with our current IGA, the City pays for the water and annually tests the Reduced Pressure Zone (RPZ) backflow preventer. We will tap the same water line that is supporting the existing multi -use field and therefore eliminate the need to add an additional RPZ and water meter. Potential Programs: Youth Lacrosse, Youth Softball, Youth Baseball, Youth Soccer, Youth Badminton, Teenage Kickball and Teenage Dodge Ball. Rental Costs: If the City of Milton rented the outdoor facilities through a facility use agreement rather than contract through an IGA, the estimated rent to be paid by the City would be $25,272.00 for the field per year. 13 City of Milton Investment: The initial construction is estimated to be a $150,000 investment. When the lights are added, that will provide an additional $150,000 (estimated) investment. No further improvements to the facilities are provided under this contract. Utilities: The City of Milton is already responsible for the water bill and when the lights are added, we will take responsibility for the electric bill. Maintenance: The city will maintain the reconfigured field and provide litter control during city use. The city will provide an ADA -compliant portable bathroom during periods of active use. (Cost of maintenance is estimated at $8,000 annually) 14 Exhibit C (Facility Use Fee Schedule) 15 BOARD OF EDUCATION } Linda Schultz, President Ulton Linda McCain, Vice President County Schools Julia C. Bernath - Linda P. Bryant • Gail Dean Where Students Come First Catherine Maddox • Katie Reeves Robert M. Avossa, Ed. D., Superintendent Exhibit C Rules Goveminp Use of Facilities by Outside Organizations Ou%sde Organizations shall followthesr additional rules governing use of school facilities I An nutrid. orgarfvation shnlI or .an.t pAnisipmion in— selivity --.t taking place ata :ehoof facility bee.—fain sndnvidueil%reit, religion, creed, szc, national origin or disability. 2.. Aechaol custodian,—von if., System employs. as designated by fl. p,ineipal, auras be present during the activity or evens. School employ-. arc= permitted to give their building keys to an outside orgmization. 3. General Liability ansumnoe in the n um nf$l million(minimum) rmnbined single bmir r .frr Vsr,quirrrd SS[ffip01)(mini mum) Aw,n l ixhilay cuvem�r is required. Workers Compensation coverage is required, if applicable A Certificate of Insurance m{rn he provided at the time the contract is signed. Fulton County Board of Education mg be listed az an "Additional insured" on the policy. 4. Lease fairs are to be paid in advance to the Rental Office, $270 Northfield Boulevard, College Park, Gcargin 30349. Check should be simile payable to FULTON COUNTY BOARD OF EDUCATION. Facilifias will .tor be available until payment And the proper documents are received by this office. Phone nnmbtr (404) 7657157; fax .umber (404) 3052235. 5. Signs, banners, permits, aro., may not be erected on school property unless the permission of the Principal or designee is obtained in advance and only if such displays do not deface school property. 6. Adequate supervision, as approved by the Principal, must be present for activities involving children. 7. Parking is perp ited only in designated areas. 8. The manner of Attendees may not exceed The nurntler authorized and must be in compliance with local fie codes. 9 Approved usens and their participants must stay in their assigned area at all times. Entry into other areas affix facility will be considered trespassing 10. Any Ane urn facility beyond the time specified in their use agreement is subject to additional fees charged in Winter lour i-tcmeras. 11. All activities must be otdedy and lawful, and meat comply with all Federal, state and local laws. 12. Use offighted athletic Fields must end by 10-.00 p.m. 13, Overnight use (steepovas) of school facilities is permitted only with the explmd permnssion of the Principal and switten approval front the Fire Marshall. 14. Food and beverages are allowed imide of cafelorium only Request for authorization smut be made in the application and approved in the use agreement. 'Che organiutten is responsible for cleanup for all areas used 15. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property. 16 The use of tobacco products is prohibited in school facilities and on school property 17. 3claall Whim. Available In' hie I)outside, U!$dmlJti.. arc. PE bllildigp,russh, lden,,pm ring lvu, gynnwiuuu, sxfeAriw/laid., i—k kileluun (System cafeteria staff .lust be utifiaed), playing Gelds, athletic fields. Request wase auditoriums, theaters, concession facilities, media centers, conference rooms, and common attas will be ce aside red on a case-by-case basis by the Rental Office, in consultation with the school Principal. Use of System personnel may tw inquired as tlz P,i„sipal's option. el—ns, lalwraaxies and atddiu,ru are Available under special ananscmcra only, approved on a case-by-case basis t8 Onside orgeusiaations nwy use tabic. and choirs if requcssed in advance. A act -up fee {vitt be ehargcd. tieq.,a!s to use pubbe +,ddreaa ayat0mn oraudio visual equipmem will be cons idered on a ease by case tussis by the Rental Office in consultation with dee school principal. A fee will be charged and System personnel must be used. The following types ofequipmem may not be used by outside organisations: musical instruments, athletic equipment, computers, technical or laboratory <q.ipmmt 19. Requests to use reaching museums, staff development centers or other Svsfern facilities will be considered an a case-by-case basis by the Rental Office, in ... suluoion writs the building supervisor. 20. Oetsido groups may not make my modif!eaciom to school facilities in order to accommodate their use of the facility. This includes modifications to the oledricaf, heating, cool ing, ventilation or plumbing systema, or to the structure or grounds crib. Ni,ility. 21 Outside organizations may not sublease school facilities to other organizations or mdividuais, ca tfi n rfet or assign their use agreement to anyone. 22. Individuals arc not eligible to apply for use ofschool facilities. 23 Cehnnlfacilities.ehail ncVla+rnnifnranyrhing.!her rhea wees(s)apprm�ed in the nue Agmemtni 24. The use of said areas shall not in any way interfere with school activities. Facilities will befell in as goad condition as found 25. When schools are closed because of nciement weather, all facilities arse is canceled. The tiadcmigned Further agrees to pay all applicable feu at least three working days prior to use Revised 121161/1 Engage • Improve . Excel FAGIUTIES SERVICES 5270 Northfield Boulevard, College Park, Georgia 30349-3179.404-765-7157 • www.fultonscht)ols.org FULTON COUNTY PUBLIC SCHOOLS USE AGREENIENTIAPPL1CATION FOR USE OF SCIIOOL FACILITIES Application must be filed in the Rental Office not less than 10 working days before intended use. All information must be famished before the application can be processed. Fees must be paid three working days prior to scheduled event. M•lake check or money order payable to Fulton County Hoard al•Education. Phone number - (404) 765.7157; rax number- (404) 305.2235 t Name of'OtSmuzuiW 2. Responsible Representative �_.. !'tint name of authorized egen:7reprtsentaf ive Title Address. Phone (W) (11) _--_ Fax Email Address 3. School Requcsicd(narne). __ _ Type of Activity/Purpose� 4. Date (a) and Time Requested _ ares. __p.m UN17L Areas to be Leased 5. Number of persons expected to attend ._ 6 Organoahon's Policy Number Policy LimilIminimom$1 million General Liability covetage)S Arses Liability Coverage(minimum 5500,000 coverage)5___. .'Yorker's Creapensation, ifapplicablc S-_ 7. Do you wain to charge an admission Re? f f yrs, in v4tat amours? Aduh S Child S-__ Other S_ TOI'F.! Prior approval of Rental Office is required in "der to charge admission g. Will this activity be a fundraiser? __. If yes- must be section 501 C (3) tax exempt wganimriwr and muxi aumh eupy of IR3 dctcmiivatiun letter to application. 9. Du you swim t...' v.rc +cxlanaua? _NOTE. Prior approval ail. Reba! WE- is eq,aired in order to -ev frintunantti. rood.nd beverages arc not allowed in school buildings except in (lac cafeteria. A clean-up feefdeposit may be charged i f Will and/ar beverages ars served. 10. The Org.ization'a Repreaauative(a) h-h,.vc read ..it ragrees to the £.'spiry u. term: and.o.diti- on tiro back of this aareumarst. Iniii.I _ 1 I Specifically for "AF I'ER SCHOOL VIRICHMENT PROGRAhIS" - Cixtodial fees are tvaived between the hours of 2 30 p m acid 6 p.m. FEE SCHEDULE OTHER NOT - FOR - PROFIT YOUTH LEASEDAREAS Mark Leased Arca wthS Minimum Fee (2 In-) Hourly Role above Minium( mrrasium. Elementar School $12.00 $3200 SI6.O0 • mtastum. Middle School 516.00 546.00 523.40 G rrnasium, High School Auxiliary $41M 532.00 SMOD Gymnasium. High School Main $12.00 $6200 S31.00 _ PE Mfulti-Purpose Room $16.00 $32.00 $16.00 Cafeteria, Element $12.00 54.00 $32.00 516.00 Cafetcria, M6ddle School S6 O0 &16.00 S23.O0 Cafeteria, High School 58.00 546.Oo $23.00 Knelt en staff fee also requited) S400 546.00 523.00 Theat r/Auditanum 52.00 $62.60 S3100 Media Center, Elemernary School 51690 532110 516.00 Media Center MS or FBS 546.00 S27. 00_ Classroom 516.00 _ Concession Stands $16.00 $8.00 Nnn Cnad'n'm Finrd.'w+ tints n« 57.1 nit S1200 Non -Stadium Field Lishlinisaddor 516.00 $8,00 Stadium Field, no light use S32M $16 00 Stadisun Li ti gadder 553.00 526.00 Trate, Asphalt MS, ES S16.00 SS.00 Track, Hi hSchool $32.00 516,00 Iennrst:Wd{ Cr Court ssm $4.00 Parks ].or 1 516.00 I 58.60 TeaehingMluseum __ __ S62.GD 531.04 ;Minimum Fee (2 h-) Howly Rat. above Mfiniwwo 516.00 $8.00 $24.00 $12.00 516.00 58.00 $3200 516.00 $16.00 $8.00 516.00 $41M $24.00 512.00 524.00 $12.00 $24.00 512.00 532.00 $16.00 516.00 58.00 $24.00 ..... $8.00 $12.00 54.00 58.00 SCOD 51200 S6 O0 58.60 S4.00 $16.00 58.00 526.00 $13.00 58.00 S400 $16.00 $8.00 $4.00 52.00 $8.00S•1.00 $3200 51690 STAFFING FEE (TO BE DETERMUNED BY PRINCIPAL) - when addshon,•il stuffing is necessary and/or required including setup and cleanup. To be Completed by School: Custodial Time required? Yes _No_ Custodial Time - RJ Per how (includes fringe benefits) Taal CustodialCosts s Hours worked x R5 3 S (TeachetiCoacb)m75.8 per hour (includes fringe benefits). Technician (for Theatre) _$ per hour (includes fringe benefits), Security Personnel a $40 per hour (Includes Binge benefits). ADDITIONAL CHARGES may he applicable (to be determined by the Rental Office in consultation with Principal on a case -b)• -cue basis) such as deposit, extraordinary utility use, and mainitnance charge. School Bathroom Products utilized (paper towels, toilet tissue, soap, etc) Total Bathroom Products Fee S CHARGE FOR USE: Facility Fees $ + Staffing Fess S + Additional Charges$, _ - TOTAL CHARGES S 'Ihe undersigned agrees to abide by current I'CBh YulicylAdmmistrasive Prucedure KO (Use ofSchuol facilities) and the requirements for users ofachtuul facilities Blued above and on the reverse side of this application form. The undersigned shall be financially responsible for any and all claim of loss, injury or damage to person or property resulting from the organization's use of Schwi property and shall indemnify, the School Board and its employees and agents against any liability Mulling from the organisation's use a School Board property. The undersigned further agrees to pay all applicable flees at heart three waking days prior to use. The undersigned hereby covenants and agrees to told harmless as a result of any damage or injury to the school facilit its and to indemnify FCBE against any liability whatsoever resulting horn the use orthe premises by the undenigncd, tifietker servants or agents at indepiendcnt cunttactuts gust or whersvi- The midetaill-d dmx not imend to And does not hereby create any Fightof ietmdy in arty third person. Organisation Representative's Signature Date Principal's Signature Date FULI'ON COUNTY BOARD OF EDUCATION Reason for Denial. (If Applicable) 'Time Conflict eUnsalisfactwy ii -i- experierxe.vlgro.p Rental Of iedl-ti d Management Coordinator Date 'Noetnployee available for security, custodial, etc. _ • Purpose use incompatible with facility Make check payable to Fulton County Board of Education in the amount of S par (check one) _Day; __Week; Monate; Year Exhibit D (Policy KG and Procedure KG) 16 BoardDocsU Policy: ICG Use of School Facilities Page I of 1 Exhibit "D" County Schools 4'� here S—Denis Come first Book District Policy Section K - General Public Relations Title Use of School Facilities Number KG Status Active Legal O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206, 1963-1965, p. 401, 1960-61, p. 172, 1958-59, p- 98 Adopted July 1, 1986 Last Revised November 21, 2008 Last Reviewed May 21, 2009 The primary purpose of our school facilities is to provide a suitable setting in which to educate the students of Fulton County. Therefore, a school's curricular and extracurricular needs and other school -sponsored activities, as determined by the principal, shall have first priority for the use of school facilities. School -related support groups, such as PTAs, booster clubs, employee organizations, etc., shall have second priority. At the same time, the Board of Education recognizes that school facilities represent a significant investment on the part of the District's residents.. Therefore, the Board encourages community use of school facilities when such use will not interfere with the School System's educational mission. The following outside organizations shall be eligible to apply for use of school facilities: (1) business partners of the Systems schools; (2) non-profit organizations that are based in the District and whose members are mostly District residents; (3) governmental agencies located in the District or serving District residents; (4) businesses located in the District, but only for non-commercial, community oriented purposes; and (6) organizations that are currently approved by the Georgia State Board of Education to serve as Supplemental Educational Services providers to System students and are currently under contract with the System tc provide Supplemental Educational Services to eligible System students, but only for the purpose of providing Supplements: Educational Services to eligible System students - Individuals are not eligible to apply for use of school facilities. The facilities department shall process applications and administer requests for use of school facilities by outside organizations. Any use of school facilities by outside organizations must be consistent with the Board's policies and administrative procedures, must not involve unlawful conduct, and must be acceptable to the principal. To comply with Georgia law, the Superintendent or designee shall establish a fee schedule that enables the System to recoup the costs involved in the use of school facilities by outside organizations. Use of school facilities shall not be denied on the basis of an organization's religious, political or philosophical views or expressive activity. Organizations granted permission to use school facilities shall not unlawfully restrict participation in the activity or event because of an individual's race, religion, sex, creed, national origin or disability. Cross References: KU — Use Of School Facilities Procedure http://www.boai-ddocs.com/ga/foss/Boai-d.iisf/goto?open&id=9D6C 19C35307925C8525705... 9/5/2012 BoardDocs® Policy: KG Use of School Facilities Page 1 of 6 q_ Co ntn Sy ebools Where Students Come first Book District Procedure Section K - General Public Relations Title Use of School facilities Number KG Status Active Legal O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-65, p. 401; 1960-61, p. 172; 1958-59, P. 98 Adopted July 1, 1986 Last Revised May 21, 2009 Last Reviewed May 21, 2009 As used in this administrative procedure. "School facilities" means buildings, grounds, athletic facilities, fields and parking lots at a System school or other System site. A. Allowable Uses of School Facilities 1. School -Sponsored Activities "School -sponsored activities" means a school's curricular and extracurricular programs and any other activity undertaken by and in the name of the school. The primary purpose of our school facilities is to provide a suitable setting in which to educate Fulton County students. Therefore, school -sponsored activities shall always take priority over any other use of school facilities. Other groups may be denied use of school facilities or have their permission for use revoked when the principal concludes that the group's use would interfere with school - sponsored activities. The school principal is responsible for approving and scheduling school -sponsored activities. 2. School -Related Support Groups and Employee Organizations "School -related support groups" means organizations devoted exclusively to the support of the school and school -spuusured adiviLies, such as PTAs, buuswr clubs, etc. "Biaployee organizations" means recognized professional or employee organizations whose membership is limited to Fulton County School System personnel. School -related support groups and employee organizations make significant contributions to our students and our schools. Therefore, they have second priority for the use of school facilities. All meetings or other activities of school -related support groups or employee organizations must be approved in advance by the school principal. School -related support groups and employee organizations are not required to apply to the facilities department or pay a fee for meetings and non -fundraising activities that have the principal's advance approval. 3. System -sponsored Activities In order to be accessible to all areas of the community, schools are occasionally requested to host school syste m events. Schools will be reimbursed for expenses associated with such events. 4. Outside Oreanizations "Outside nrgsnizatinns" means thnwp. organi7atinns othar than thn Syctam's srhnnls, hnnl-related suppnrt http://www.boarddoes.com/ga/fess[Board.nsf/goto?open&id=9D6C 19C35307925C8525705... 9/5/2012 BoardDocsO Policy: KG Use of School Facilities Page 2 of G groups and employee organizations that are eligible under Hoard policy to request use of school facilities. These organizations are: (1) business partners of the System's schools as defined in Item 5; (2) non-profit urganizations that arc basea in the SysLem and whuse members are mustly System residents; (e.g. recreational sports organizations including developmental teams) (3) governmental agencies located in the System or serving residents; (q) businesses located in the System, but only for non-commercial, community oriented purposes; and (5) organizations that are currently approved by the Georgia State Board of Education to serve as Supplemental Educational Services providers to System students and are currently under contract with the System to provide Supplemental Educational Services to eligible System students, but only for the purpose of providing Supplemental Educational Services to eligible System students. Outside organizations are welcome to use school facilities when such use is consistent with the Board's policies and administrative procedures and does not interfere with the activities of our schools or school -related support groups, as determined by the principal. Outside youth organizations or groups whose members are mostly students who reside in the System shall have first priority (over other outside organizations) for use of school facilities. Outside organizations should apply through the facilities services department. Business partners should obtain approval of the school principal prior to submitting an application to the facilities services department. Outeide organizations seeking a one-time use of school facilities may not reserve a school facility more than three months in advance. 5. Business Partners "Business partners" means businesses, agencies, colleges, hospitals, non-profit, scout troops, civic, social and other organizations that enter into a support relationship wi th one or more Fulton Vounty schnols that is beneficial to the System. The School System values its relationship with its business partners and encourages other organizations to chow thrir support of public. ediientinn by heenminghusiness partners of our schools. Business partnerships must be formalized through a partnership agreement that must be on file with the rommrmiratinns department and must be consistent with established partnership guidelines. A school and its business partners) may cooperate in sponsoring activities that benefit the school and its students. Although these activities are school -sponsored they still require approval from the facilities services department when they involve use of school facilities. When a business partner requests use of school facilities, the business partner must submit an application to the facilities services department for approval in the manner described below. The application must include the signature of the school principal. Depending on the intended use, the business partner may be allowed to use the facility at a reduced fee, to be determined by the facilities services department. fi. Governmental Agencies Governmental agencies wishing to establish an inter -governmental agreement involving shared resources which will be of benefit to Fulton County residents should submit their proposal to the Superintendent. Proposals approved by the Superintendent will he recommended to the Board with a summary of the proposed terms. Examples of programs that would benefit residents include sports activities, summer camp, senior citizen activities and educational programs. In reviewing proposals, priority will be given to programs for youth. Governmental agencies wishing to use school facilities for other purposes should apply through the facilities services department. If the Governmental Agency provides goods, services, facilities, and equipment that are beneficial to Fulton County Schools, the governmental agency may be exempt from payment of some or all of the customary fees. B. Applying for Use of School Facilities With the exception of Governmental agencies wishing to establish inter governmental agreements involving shared resources, outside organizations wishing to use school facilities must apply to the facilities services department at least ten (10) business days prior to the requested use date. Application forms may be obtained at the school or the facilities services department website. The application must be signed by the representative of the organization who will be responsible for the activity or event. Applications from business partners must include the signature of the school principal. In all other cases, the facilities service department shall consult with the principal or building supervisor about the requested use before approving or denying an application. Requests to use teaching museums, professional learning centers or other System facilities will be considered on a case by ease basis by the facilities services department, in consultation with the building supervisor. http://www.boarddoes.corn/gaJfcss/Board.nsf`/goto?open&id=9D6C 19C35307925C8525705... 9/5/2012 BoardDocs® Policy: ICG Use of School Facilities The following factors will be considered in reviewing an application: 1. the type of activity or event; 2. its potential impact on the facility; 3. the duration and frequency of the activity or event; 4. the availability of adequate System personnel to oversee the facility during the activity or event; 6. the number of participants expected; 6. safety and security concerns; 7. previous experience with the organization; S. potential interference with other activities at the facility; 9. the need for a rest period for the facility or grounds; and 10. other needs or interests of the school or the System. Page 3 of 6 If an outside organization wants to charge an admission fee, they must state the amount of the fee in the application and obtain prior approval, which will be reflected in the use agreement. C. Use Agreement 1. if the outside organization's application is approved, an authorized representative of the organization must sign a use agreement before any preparations or activities may take place at the school facility. 2. The use agreement must state that at least one authorized representative of the organization will be present during the activity or event. 3. The organization must agree to indemnify the System for any claim of loss, injiuy or damage resulting from the organizations use of the school facility. 4. Except for use agreements involving substantial improvements to school property (see item L), the maximum term of a use agreement is one year. D. Renewal of Use Agreement Kenewal requests must be submitted to the facilities department at least ten (10) business days prior to the expiration of the use agreement. Renewal is not automatic. The same factors that apply to an initial application will be considered in connection with a request for renewal. In addition, any violations of a previous use agreement or other problems with the organization will be taken into consideration. E. Cancellation of Use Agreement The System reserves the right to deny an outside organization's application or cancel the organization's use agreement when it deems such action w be in the best interest of the System or a school. The outside organization is responsible for providing timely notification to its members or other participants of a cancellation. When schools are closed because ul lcazardous weather or other emergencies, all use of schuul facilities is canceled. F. Fees for Outside Organizations 1. To comply with Georgia law, outside organizations must pay all costs resulting from their use of school facilities, including utilities, security, supervision, clean-up, maintenance, depreciation, overtime and any other costs to the System. Anticipated excessive demands on utilities must be disclosed on the application so that an appropriate fee can be charged. The fee schedule can be obtained from the facilities department. Fees may be littp://www.boarddoes.coin/ga/fcss/Board.tisf/goto?open&id=9D6C l 9C35307925C8525705... 9/5/2012 BoardDoes® Policy: IfG Use of School Facilities changed from time to time to reflect current costs. Page 4- of 6 2. if fees are not paid in full at least three (3) business days in advance of the activity or event., permission to use the school facility may be withdrawn or a ten (10) percent penalty fee may be added. 3. Payment should be made to the (facilities department). At the discretion of the facilities department, payment may be requested in the form of a cashier's check or money order. 4. A clean-up fee will be assessed if the organization does not leave the facility and grounds clean. 5. The facilities department, in consultation with the principal may require the organization to pay for or to provide police protection or security personnel. G. Fees paid for the use of school facilities must be posted to a System account, not an individual school account. Schools will be reimbursed for any costs paid from the local school budget and 25V6 of the remaining fee collected. 7. If an activity is canceled at least two business days in advance of the activity or event, any prepaid user fee will be refunded, less any costs the System has incurred. G.Insurance In order to protect the School System, outside organizations are required to obtain liability insurance covering the event or activity. H. Deppsits 1. At the discretion of the facilities department, outside organizations may be required to pay a deposit for activities involving Iarge groups or activities that may result in damage to school property. Failure to pay a required deposit may result in the cancellation of the use agreement. 2. if school facilities are used on an ongoing basis (monthly, weekly, etc.), a deposit of not less than one month's fee may be regnired in advance along with the feP for khe first. month_ The deposit will be held by the facilities department and will be returned at the end of the approved use period, less any deductions for damage, unpaid fees or other mats rp a sting from the nae. 1. Fundraisins by Outside organizations 1. The only outside organizations that may conduct fund-raising activities at school facilities are non-profit organizations recognized as tax-exempt under section 501(c)(3). 2. Tax-exempt organizations must provide a copy of their IRS determination letter and establish their legitimacy to the satisfaction of the facilities -department before any fundraiser will be allowed - 3. Outside organizations may not use school facilities for any fund-raiser that includes gambling or games of chance. J. Coltcessions Arrangements for the sale of concessions by outside organizations must be made through the local school principal. K. Political Meetings "Town hall meetings" and political forums held on school property must comply with Board policy and administrative procedure ICA - "Political Campaign Activities" in addition to this procedure. L. Use of Athletic Fields or Facilities Prior to approval of a use agreement allowing repeated use of an athletic field or facility by an outside littp://www.boarddoes.com/ga/fess/Board.tisflgoto?open&id=9D6C 19C35307925C8525705... 9/5/2012 BoardDoesa Policy: KG Use of School Facilities Page 5 of 6 organization, the Area Superintendent must sign the agreement "indicating that all principals in the school's feeder pattern approve the request. Athletic fields may be subject to a use agreement of up to five years when the requesting organization expends substantial resources to improve the field. Examples include installing lights, irrigation systems or scoreboards. The arrangement will be reviewed periodically and discontinued if the school's athletic facilities are being harmed. At least 60 days in advance of the spring, fall and summer athletic programs, athletic directors from each high school and the school system will determine the needs for athletic fields and facilities. Contracts with outside organizations will be reviewed in light of these needs. M. Additional Rules Governing Use of School Facilities by Outside Organizations Outside urganiza Lions shall fulluw these additional rules governing use fir school facilities. 1. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual's race, religion, creed, sex, national origin or disability. 2. A school custodian and/or other System employee, as designated by the principal, must be present during the activity or event. School employees are not permitted to give their building keys to an outside organization. 3. Signs, banners, pennants, etc. may not be erected on school property unless the permission of the principal or designee is obtained in advance and only if such displays do not deface school property. 4. Adequate supervision, as approved by the facilities department in consultation with the principal, must be present for activities involving children. 5. Parking is permitted only in designated parking areas. 6_ The number of attendees may not exceed the number authorized and mus t be in compliance with local fire codes. 7. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing. S. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments. 9. All activities must be orderly and lawful and must comply with all federal, state and local laws. 10. Use of lighted athletic fields must end by 10:40 p.m. 11. Overnight use of school facilities is permitted only with the explicit written permission of the principal and if it is allowable under local fire codes. 12. Food and beverages are allowed inside school buildings only if requested in the application and approved in the use agreement. The organization is responsible for clean-up of all areas used. 13. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property. 14. The use of tobacco products is prohibited in school facilities and on school property. 15. School facilities that are available for use by outside organizations are: gymnasiums, cafeterias/cafetoriums, kitchens (provided System cafeteria staff is used with the approved use of kitchen equipment), playing fields and athletic fields. Requests to use auditoriums, theaters, concession facilities, media centers, conference rooms and common areas will be considered on a case by case basis by the facilities department, in consultation with the school principal. The school principal may use his/her discretion to determine whether classrooms may be used by outside organizations during the school day. 16. Outside organizations may use tables and chairs if requested in advance. A set-up fee will be charged. Requests to use public address systems or a udio visual equipment will be considered on a case by case basis by the facilities -department, in consultation with the school principal. A fee will be charged and System personnel must be used. The following types of System equipment may not be used by outside organizations: musical http://www.boarddoes.com/ga/fess/Board.nsf/goto?open&id=9D6C l 9C35307925C8525705... 9/5/2012 BoardDocs(10 Policy: KG Use of School Facilities Page 6 of 6 instruments, athletic equipment, computers, technical or laboratory equipment. 17. Outside groups may not make any modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the electrical, heating, cooling, ventilation or plumbing systems or to the structure or grounds of the facility. 18. Outside organizations may not sublease school facilities to other organizations or individuals or tranefer or assign their use agreement to anyone. 19. Individuals are not eligible to apply for use of school facilities. 20. School facilities shall not be used for anything other than the use(s) approved in the use agreement. Cross References: tG - Use Of School Facilities Policy Link to Policy littp://www.boal-ddocs.com/ga/fcss/Board.nsf/goto?open&id=9D6C 19C35307925C8525705... 9/5/2012 EXHIBIT "E" STATE OF GEORGIA CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of Fulton County Board of Education has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project Name of Public Employer 17 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201_ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "F" STATE OF GEORGIA SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of Fulton County Board of Education has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. 18 Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201_ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: HOME OF ='�T M1 L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 3, 2014 FROM: City Manager AGENDA ITEM: Approval of the Adoption of the City of Milton Parks and Recreation Department 2014 Fee Schedule. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 0 APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES RC) NO CI TY ATTORNEY REVIEW REQUIRED: () YES ANO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: O L41 q t4 REMARKS © * You Q' PHONE: 678.242.2500' FAX: 678.242.2499 Green 10' info@cityofmilfonga.us I www .cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Certified oPieu City of To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 2, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Approval of the Adoption of the City of Milton Parks and Recreation Department 2014 Fee Schedule ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption the City of Milton Parks and Recreation Department 2014 Fee Schedule Executive Summary: The City of Milton Parks and Recreation Department Fee Schedule was last reviewed three years ago. Since that time, changes in programming, events and policies have occurred which calls for an update to the schedule. Programs no longer offered by the City Of Milton have been deleted along with fees associated with sponsorship of Special Events. There is one price increase. Camp Joyful Soles is proposed to go from $125/week to $175/week. The cost increase will help offset the costs of delivering the program. The entire fee schedule was reviewed by the Parks and Recreation Advisory Board and they voted unanimously to recommend approval of this fee schedule. Funding and Fiscal Impact: None Alternatives: If this fee schedule is not adopted, our alternative is to relay the council’s input and return to the PRAB to revise the fee structure. Page 2 of 2 Legal Review: Not Required Concurrent Review: Chris Lagerbloom Attachment(s): 1) 2014 Milton Parks and Recreation Fee Schedule 2014 MILTON PARKS AND RECREATION FEE SCHEDULE Field Rental Rates* ** Bell Memorial Park 1 Field/2 hours $50 With Lights $75 1 Field/Day $175 With Lights $225 For Special Event/Day $500 Security Deposit $100 Facility Rental Rates* ** Bethwell Community Center Minimum rental 3-hour block $40/hour Daily $300 Friendship Community Park Minimum rental 2-hour block $10/hour Security Deposit $50 Camp Joyful Soles Registration Fee per week $175 Non-refundable, Non-transferable Deposit per week $50 *Corporate rates for Milton businesses increase by 20%. **All rates for non-residents of Milton and businesses outside of Milton increase by 50%. Administrative Fee Approved Refunds/Cancellations $15 Independent Contractor Commissions (Paid to City of Milton) At the discretion of the Parks and Recreation Director based on services provided and fees charged, not to be less than 10% and not to be greater than 30% Employee Discount Employees may receive a discounted rate for the program offered independently by the City of Milton, Camp Joyful Soles. Employees would be allowed to pay half of the resident rate at the end of resident registration and before non-resident registration begins. HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 3, 2014 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Enviro Masters, Inc. for Asbestos Abatement at Bell Memorial Park MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: (� YES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: REMARKS (]APPROVED 0,4 1 q rq () NOT APPROVED () NO () NO O NOT APPROVED ® You(n ", - PHONE: 678.242.2500 I FAX: 678.242.2499 -Green * CertiSeJ ; rop'ioo r� Q61hviculonlnlum y S ,�infoftityofmiltonga.us I www.cityofmiltonga.us - - u 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 FF_,: k' Q.'"`` To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 3, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Enviro Masters, Inc. for Asbestos Abatement at Bell Memorial Park ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of the Construction Services Agreement for Asbestos Abatement at Bell Memorial Park. Executive Summary: In the fall of 2013, an asbestos study was performed on all of the structures that are on the land acquired by the City in 2012 for the expansion of Bell Memorial Park. Of the ten structures on the combined property, two were identified as having asbestos. All ten structures will have to be removed as part of the park re-development process. The two structures with asbestos must go through an abatement process before they can be demolished. A public bid was conducted and responses were received from three qualified vendors. The lowest cost bidder was Enviro Masters, Inc. They are located at 2790 North Highway 27, Carrolton, GA 30117. Funding and Fiscal Impact: The contract price is $7,400.00. The funding for this work would be provided under the Parks and Trail Improvement budget. Alternatives: If this contract is not approved, we would have to rely upon the General Contractor (“GC”) of the park project to address the asbestos abatement. Given that the GC would most likely subcontract the work to a licensed Asbestos Abatement Contractor, this would likely result in a higher cost to the city for the work to be performed. Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis, March 20, 2014 Concurrent Review: Chris Lagerbloom Attachment(s): 1) Construction Service Agreement – Short Form Agreements $10,000.00 or Less Asbestos Abatement at Bell Memorial Park rOmf Of 4 MILTO� 1YrAK-1531 CD 2'1G CONSTRUCTION SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS ASBESTOS ABATEMENT AT BELL MEMORIAL PARK This Services Agreement (the "Agreement") is made and entered into this day of , 201_, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Enviro Masters, Inc. (hereinafter referred to as the "Contractor") having its principal place of business at 2790 North Highway 27, Carrollton, GA 30117 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": A. This Agreement (5 Pages), B. Scope of Work, attached hereto as Exhibit "A", C. Bell Park Parcels Asbestos Survey, attached hereto as Exhibit `B", D. Invitation to Bid ITB (7 Pages), attached hereto as Exhibit "C"; E. Bid from Contractor dated March 10, 2014 (1 Page), attached hereto as Exhibit "D", F. Insurance Certificate, attached hereto as Exhibit "E", G. Contractor Affidavit and Agreement, attached hereto as Exhibit "F"; H. Subcontractor Affidavit, attached hereto as Exhibit "G"; 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. 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. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as two structures that are to be addressed for asbestos abatement. They are located at 15315 Thompson Road and 15165 Hopewell Road, Milton, GA 30004. Contractor is obligated to handle all asbestos containing materials in accordance with applicable federal, state and local regulations, properly document those operations, and transport such materials to an appropriate landfill or disposal site. Contractor is further responsible for all tipping fees and all other related costs associated with such disposal of materials Section 3. Contract Time: Contractor 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 within thirty (30) business days of the "Notice to Proceed". 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 Contractor for the services performed and costs incurred by Contractor 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 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 $7,400.00 (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. 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. 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 perform the Work. Contractor shall 14 comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. Contractor and all subcontractors (if used) must possess proper certification to handle asbestos related materials. 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 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 Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: Mr. Bobby Presnal 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. Meetings: 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 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 S 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 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: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "F" and "G" (affidavits regarding compliance with the E -Verify program 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 conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "B -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, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, 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. § 13-10-91 and Rule 300-10-1-.02. 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 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 "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 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. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 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 agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. ewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to 11 provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. 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. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section F in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. ENVIRO MASTERS, INC. Signature: Bob Presnal, President t Attest: ' Lisa Williams, Secretary [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor 5 EXHIBIT "A" Scope of Work The contractor shall remove and dispose of all asbestos material. All waste material shall be transported to an approved EPA Certified Class I Landfill permitted to accept asbestos. The contractor shall also be responsible for preparing and submitting all necessary documents to the Georgia Environmental Protection Division for the 10 day demolition notice. The two structures that are to be addressed for asbestos abatement are located at 15315 Thompson Road and 15165 Hopewell Road, Milton, GA 30004. EXHIBIT "B" Bell Park Parcels Asbestos Survey UNIVERSAL ENGINEERING SCIENCES LIMITED ASBESTOS SURVEY Bell Park Residences 15250 and 15260 Bell Park Drive 15315 Thompson Road 15165 Hopewell Road Milton, Fulton County, Georgia UES Project No. 1640.1300052.0000 Report No. 1071254 October 4, 2013 Prepared For. City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 Prepared By.- Universal y.Universal Engineering Sciences, Inc 3040 Business Park Drive, Suite F Norcross, Georgia 30071 (770) 242-6438 Repo r a ation: Je eryoodyear, P.E_ Project Manager EPA -Accredited Inspector #13343 CONSULTANTS: Scott D. Thomson, P.E. Branch Manager Atlanta Regional Office Geotechnical Engineering ■ Environmental Engineering ■ Construction Materials Testing Threshold Inspection ■ Private Provider Inspection OFFICES: Clermont, FL - Daytona Beach, FL a DeBary, FL - Fort Myers, FL - Fort Pierce, FL - Gainesville, FL v Hollywood, FL - Jacksonville, FL - Miami, FL a Norcross, GA Ocala, FL - Orlando, FL ■ Palm Coast, FL v Panama City, FL , Pensacola, FL i Rockledge, FL - Sarasota, FL - St. Augustine, FL i Tampa, FL s West Palm Beach, FL LIST OF APPENDICES APPENDIX 1 SITE LOCATION MAP APPENDIX 2 LABORATORY DATA APPENDIX 3 QUALIFICATIONS TABLE OF CONTENTS 1.0 INTRODUCTION...-.-.. .......... ............................................................................... 1 1.1 PURPOSE AND SCOPE................................................................................... 1 1.2 WARRANTY......................................................................................................1 2.0 BUILDING CHARACTERISTICS AND INFORMATION............................................2 3.0 ASBESTOS INSPECTION PROCEDURES............................................................. 2 4.0 SUSPECTED ASBESTOS CONTAINING BUILDING MATERIALS ......................... 3 5.0 LABORATORY ANALYSIS....................................................................................... 5 5.1 BULK ANALYSIS................................................................................................ 5 5.2 POINT COUNT.................................................................................................. 5 6.0 FINDINGS...............................................................................................................5 7.0 SUMMARY..............................................................................................................6 8.0 REGULATORY INFORMATION...............................................................................6 9.0 CONTROLLING AGENCIES..... .................................... ....................................... - 7 LIST OF APPENDICES APPENDIX 1 SITE LOCATION MAP APPENDIX 2 LABORATORY DATA APPENDIX 3 QUALIFICATIONS UES Project No. 1640.1300052.0000 Report No. 1071254 October 4, 2013 1.0 INTRODUCTION This report presents the results of asbestos containing building material (ACBM) evaluation survey performed on the residences located at 15250 and 15260 Bell Park Drive 15315 Thompson Road, and 15165 Hopewell Road in Milton, Fulton County, Georgia. The work was conducted in accordance with the scope of work defined in Universal Engineering Sciences, Inc. (UES) Proposal No. 1640.0613.00003 dated August 28, 2013. 1.1 Purpose and Scope The purpose of this study was to perform an evaluation for the presence of ACBM within the office/retail suites listed above. The activities and procedures used to accomplish this task were as follows: 1. Walked -through and observed accessible areas of the structure to identify, locate and assess suspected ACBM. 2. Collected bulk samples of each suspect ACBM and analyzed the collected samples using Polarized Light Microscopy (PLM) for presence of asbestos fibers. 1.2 Warranty The field and laboratory results reported herein are considered sufficient in detail and scope to determine the presence of accessible and/or exposed suspect ACBMs in the structure. UES warrants that the findings contained herein have been prepared in general accordance with accepted practices as applied by similar professionals in the industry. Changes in the state of the art or in applicable regulations cannot be anticipated and have not been addressed in this report. The survey and analytical methods have been used to provide the client with information regarding the presence of accessible and/or exposed suspect ACBMs existing in the structure at the time of inspection. Test results are valid only for the materials tested. There is a distinct possibility that conditions may exist which could not be identified within the scope of the study or which were not apparent during the site visit. The inspection covered only those areas, which were exposed and/or physically accessible to the inspector. The study is also limited to the information available from the client at the time it was conducted. No other warranties are expressed or implied. Page 1 of 7 UES Project No. 1640.1300052.0000 Report No. 1071254 October 4, 2013 2.0 BUILDING CHARACTERISTICS AND INFORMATION There are thirteen tenant spaces which were included in this Limited Asbestos Survey completed at the Former Syms Shopping Center. Descriptions of the spaces are discussed below. The residence at 15250 Bell Park Road is currently unoccupied. The residence is approximately 2,000 square feet. The interior walls and ceilings are finished with wallboard. Floors consisted of vinyl sheet flooring and carpet. The roof is sloped with asphalt shingles. The residence at 15260 Bell Park Road is currently occupied. The two story residence is approximately 4,500 square feet. The interior walls and ceilings are finished with wallboard. Floors consisted of wood paneling and bare concrete. The roof is sloped with asphalt shingles. The residence at 15315 Thompson Road is currently unoccupied. The residence is approximately 2,500 square feet. The interior walls and ceilings are finished with wallboard and wooden paneling. Additionally there are acoustic ceiling panels in some of the rooms. Floors consisted of vinyl composite tile (VCT), vinyl sheet flooring, and carpet. The roof is sloped with asphalt shingles. Additionally a shed and well covering structure is located on the property and both structures have sloped asphalt shingle roofs. The residence at 15165 Hopewell Road is currently unoccupied. The residence is approximately 2,000 square feet. The structure includes a finished basement and attic space. The interior walls and ceilings are finished with wallboard and some wood paneling. Floors consisted of vinyl composite tile (VCT), vinyl sheet flooring, and carpet. The roof is sloped with asphalt shingles. Additionally there is a former chicken coop/workshop located on the property which has a sloped asphalt roof. 3.0 ASBESTOS INSPECTION PROCEDURES Three forms of ACBMs are typically found in buildings: (1) sprayed or troweled -on surfacing materials; (2) thermal systems insulation (insulation on pipes and boilers); and (3) miscellaneous materials such as wallboard, adhesives, ceiling tiles, and floor tiles. A walk-through inspection was conducted on May 30, 2013 to identify these and other materials present within the buildings. The field inspection was performed by Mr. Jeffery R. Goodyear; inspector accredited according to the Code of Federal Regulations Title 40, Part 763 (40 CFR 763-AHERA). Refer to Appendix 3 for qualifications of inspectors. After a preliminary walk-through of the building, a detailed observation was conducted to evaluate the location and extent of the suspected ACBMs. Once identified, these Page 2 of 7 UES Project No. 1640.1300052.0000 Report No. 1071254 October 4, 2013 materials were categorized into homogeneous areas containing materials of the same type, age, visual appearance, texture, composition, etc. Random, and in some cases, judgmental samples of each homogeneous area material were then collected. The physical condition and potential for disturbance and damage of each material was assessed. In addition, a tactile inspection of the materials was performed to evaluate friability. If the material, when dry can be crumbled, pulverized or reduced to powder by hand pressure, it is considered friable. 4.0 SUSPECT ASBESTOS CONTAINING BUILDING MATERIALS Based on UES' visual survey of the structure, nineteen (19) building material samples were obtained from the residence located at 15250 Bell Park Drive, ten (10) samples from the residence located at 15260 Bell Park Drive, thirty-four (34) samples from the residence located at 15315 Thompson Road, and thirty (30) samples from the residence located at 15165 Hopewell Road. Overall ninety-three (93) samples were collected from all the spaces sampled as part of this survey. Tables 1 through 4 present a summary of the materials suspected of containing asbestos. Table 1 Suspect Homogenous ACBMs Visually Identified in 15250 Bell Park Drive Homogeneous Material No. Sample Numbers Material Description Sampling Location 1 WB -01 to WB -03 Wallboard Throughout 2 CT -01 to CT -03 Ceiling Texture Throughout 3 S-01 to S-02 Siding Exterior of Residence 4 JC -01 to JC -03 Joint Compound Throughout 5 VS -01 to VS -06 Vinyl Sheet Flooring Kitchen/Bathrooms 6 R-01 to R-2 Asphalt Shingle Roof Table 2 Suspect Homogenous ACBMs Visually Identified in 15260 Bell Park Drive Homogeneous Material No. Sample Numbers Material Description Sampling Location 1 WB -01 to WB -03 ` Wallboard Throughout 2 JC -01 to JC -03 Joint Compound Throughout 3 R-01 to R-02 Asphalt Shingle Roof Ir 4 F-01 to F-02 Asphalt Felt Roof Page 3 of 7 UES Project No. 1640.1300052.0000 Report No. 1071254 October 4, 2013 Table 3 Sus ect Homogenous ACBMs Visually Identified in 15315 Thompson Road Homogeneous Material No. Sample Numbers Material Description Sampling Location 1 VCT -01 to VCT -02 Vinyl Composite Tile Entry Room 2 VCT -03 to VCT -04 Vinyl Composite Tile Bathroom 3 VCT -05 to VCT -06 Vinyl Composite Tile Southeast Room 4 5 WB -01 to WB -03 JC -01 to JC -03 Wallboard Throughout Joint Compound Throughout 6 VS -01 to VS -02 Vinyl Sheet Flooring Dining Room/Kitchen 7 C-01 to C-02 Caulking HVAC System in Crawlspace 8 CT -01 to CT -02 Ceiling Tile Entry 9 CT -03 to CT -04 Ceiling Tile Southeast Room 10 CT -05 to CT -06 Ceiling Tile Kitchen/Living Room 11 CT -07 to CT -08 Ceiling Tile Northeast Room 12 R-01 to R-04 Asphalt Shingle Side of Exterior Shed 13 R-05 to R-06 Asphalt Shingle Under Metal Roof of Exterior Shed 14 R-07 to R-08 Asphalt Shingle Roof of Well Cover Structure 15 R-09 to R-10 Asphalt Shingle Roof of Main House Table 4 Suspect Homogenous ACBMs Visually Identified in 15165 Hopewell Road Homogeneous Material No. Sample Numbers Material Description Sampling Location 1 S-01 to S-02 Asphalt Siding Exterior of Former Chicken Coop 2 R-01 to R-02 Asphalt Shingle Roof of Former Chicken Coop 3 WB -01 to WB -03 Wallboard Chicken Coop 4 R-03 to R-04 Asphalt Shingle Main House 5 CT -01 to CT -03 Ceiling Texture (Joint Compound) Kitchen/Bathroom/Living Room 6 ACT -01 to ACT -02 Acoustic Ceiling Tile Basement 7 VCT -01 to VCT -02 Vinyl Composite Tile Basement Bathroom 8 VCT -03 to VCT -04 Vinyl Composite Tile Bedroom Bathroom 9 WB -04 to WB -06 Wallboard Throughout Main Residence Page 4 of 7 UES Project No. 1640.1300052.0000 Report No. 1071254 October 4, 2013 Table 4 Suspect Homogenous ACBMs Visually Identified in 15165 Hopewell Road Homogeneous Material No. Sample Numbers Material Description Sampling Location 10 JC -01 to JC -03 Joint Compound Throughout 11 VS -01 to VS -02 Vinyl Sheet Flooring Bathroom 12 VS -03 to VS -04 Vinyl Sheet Flooring Upstairs Bedroom Ir 13 VS -05 to VS -06 Vinyl Sheet Flooring Kitchen 5.0 LABORATORY ANALYSIS 5.1 BULK ANALYSIS The samples of the suspected ACBM collected during the field inspection were transported with chain -of -custody documentation to CEI Labs (CEI) in Cary, North Carolina for laboratory analysis. AES is accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), which is administered by the National Institute of Standards and Technology. These samples were analyzed for the presence of asbestos fibers using PLM. The analyses were performed according to EPA Method 600/R-93/116, July 1993. 5.2 POINT COUNT Samples of the suspect ACMs collected during the field inspections were not point counted as part of this survey. 6.0 FINDINGS Laboratory analyses of the samples collected from the residences located on the subject property identified the following ACBMs detailed in Table 5: Table 5 Summa of Asbestos -Containing Materials at residences Residence Material Location(s) NESHAP Estimated Classification Quantity 15315 Thompson Vinyl Composite Entry Room Category 1 100 SF Road Tile Non -Friable 15165 Hopewell Vinyl Composite Basement Category 1 100 SF Road Tile Bathroom Non -Friable Throughout the Walls of the 2,000 15165 Hopewell Joint Compound Throughout Friable ACM Square Foot Road Residence, Finished Basement and Attic Page 5 of 7 UES Project No. 1640.1300052.0000 Report No. 1071254 October 4, 2013 It is important to note that OSHA regulations are applicable to these samples. For a copy of the laboratory report, refer to Appendix 2. The above estimated quantities and are for reference only should not be relied on for bid purposes. Actual numbers used for bidding purposes should be calculated by asbestos abatement contractors using field measurements. Should suspect ACBMs not identified in this report be encountered during demolition, an accredited inspector, according to Federal Regulation 40 CFR, 763 (AHERA) should be allowed to visually inspect these ACBMs and collect additional samples for analyses. 7.0 SUMMARY Based on the laboratory analysis report, there is approximately 100 square feet of vinyl composite tile in each of the Hopewell Road and Thompson Road residences which is greater than one percent (>1%) asbestos. Additionally the joint compound in the Hopewell Road residence was identified to contain greater than one (>1%) asbestos and needs to be removed prior to burning/demolition. According to the National Emission Standard for Hazardous Airborne Pollutants (NESHAP), 40 CFR Part 61, Subpart M, these materials are considered to be ACBMs. 8.0 REGULATORY INFORMATION The demolition of buildings containing ACBMs is regulated under the NESHAP statute. The NESHAP regulations require notification to the controlling agency and removal of all regulated asbestos containing materials (RACM) prior to demolition. RACM is defined as (1) friable asbestos material, (2) Category I non -friable asbestos containing material that has become friable, (3) Category I non -friable asbestos containing material that will be or has been subjected to sanding, grinding, cutting, or abrading, or (4) Category II non -friable asbestos containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition operations regulated by NESHAP. Renovation or demolition activities in a building that contains Asbestos Containing Material (ACM) or Presumed Asbestos Containing Material (PACM) are also regulated under the OSHA Asbestos Construction Standard (29 CFR 1926.1101). The OSHA standard requires the building owner to inform their employees who will work in or adjacent to areas containing ACM or PACM, perspective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing ACM or PACM, all employers of employees on multi employer work sites who will be performing work with or adjacent to areas containing asbestos, and tenants who will occupy areas containing ACM or PACM, of the presence, location, and quantity of ACM or PACM at the work sites in their buildings and facilities. Further, the OSHA standard (29 CFR 1926.1101) requires employers who discover ACM or PACM to convey information concerning the presence, location and quantity of such newly discovered ACM or PACM to other employers or employees working at the work site Page 6 of 7 UES Project No. 1640.1300052.0000 Report No. 1071254 October 4, 2013 within 24 hours of discovery. While OSHA says the notification can be written or personal communication, there are many advantages to written communication. The OSHA construction standard (29 CFR 1926.1101) also contains specific training, work practices, procedures, engineering controls, notifications, permissible exposure limits, personal protection, record keeping, and a multitude of other requirements for the demolition, renovation, construction, alterations, repair, maintenance of structures, substrates or portions there of that contain asbestos. 9.0 CONTROLLING AGENCIES The controlling agency for the coordination of projects involving asbestos removal or demolition for the subject property is the Georgia Environmental Protection Division, Georgia Department of Natural Resources, Lead -Based Paint and Asbestos Program, 4244 International Parkway, Suite 104, Atlanta, Georgia 30354. The contact person is Mr. James Jackson at (404) 363-7041 or Ms. Lisa Davidson at (404) 362-2585. Page 7 of 7 APPENDIX 1 u 1f 'P UNIVERSAL ENGINEERING SCIENCES LIMITED ASBESTOS SURVEY Bell Park Residences 15250 and 15260 Bell Park Drive 15315 Thompson Road 15165 Hopewell Road Milton, Fulton County, Georgia FOR: City of Milton DRAWN BY: JG CHECKED BY: ST SCALE: NTS DATE: 8/4/13 DATE: 8/4/13 SITE LOCATION PLAN/2012 AERIAL PHOTOGRAPH APPENDIX: 1 PROJ NO: 1640.1300052.0000 REPORT NO: 1071254 APPENDIX 2 u ASBESTOS LABORATORY REPORT Prepared for Universal Engineering Sciences PROJECT: Bell Park Dr. - 15250 Bell Park Dr. - Bennett House, 1640.1300052.0000 CEI LAB CODE: Al 3-11667 DATE ANALYZED: 10/01/13 DATE REPORTED: 10/01/13 TOTAL SAMPLES ANALYZED: 19 # SAMPLES >1% ASBESTOS: TEL: 866-481-1412 www.ceilabs.com Asbestos Report Summary CEI--,-rr By: POLARIZING LIGHT MICROSCOPY L/�C3S PROJECT: Bell Park Dr. - 15250 Bell Park Dr. - CEI LAB CODE: Al 3-11667 Bennett House; 1640.1300052.0000 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description WB -1 WB -2 A1565172 A1565173 Green,White Yellow,White Wallboard Wallboard None Detected None Detected WB -3 A1565174 Yellow,White Wallboard None Detected CT -1 A1565175 White Ceiling Texture None Detected CT -2 A1565176 White Ceiling Texture None Detected CT -3 Al 565177 White Ceiling Texture None Detected S-1 A1565178 Beige,Tan Siding None Detected S-2 A1565179 Beige,Tan Siding None Detected JC -1 A1565180 Green,White Joint Compound None Detected JC -2 A1565181 Green,White Joint Compound None Detected JC -3 A1565182 Green,White Joint Compound None Detected VS -1 A1565183 Yellow,Beige Vinyl Sheet None Detected VS -2 A1565184 Yellow,Beige Vinyl Sheet None Detected VS -3 Al 565185 Yellow,Beige Vinyl Sheet None Detected VS -4 A1565186 Yellow,Beige Vinyl Sheet None Detected VS -5 A1565187 Yellow,Beige Vinyl Sheet None Detected VS -6 A1565188 Yellow,Beige Vinyl Sheet None Detected R-1 A1565189 Black Roofing None Detected R-2 A1565190 Black Roofing None Detected Page 1 of 1 rc ASBESTOS BULK ANALYSIS (:E1By: POLARIZING LIGHT MICROSCOPY L/kC35 Client: Universal Engineering Sciences CEI Lab Code: A13-11667 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-01-13 Project: Bell Park Dr. - 15250 Bell Park Dr. - Bennett House; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD WB -1 Wallboard Homogeneous 5% Cellulose 75% Gypsum None Detected Al 565172 Green,White 20% Silicates Fibrous <1% Paint Bound W113-2 Wallboard Homogeneous 5% Cellulose 75% Gypsum None Detected A1565173 Yellow,White 20% Silicates Fibrous <1% Paint Bound WB -3 Wallboard Homogeneous 5% Cellulose 75% Gypsum None Detected Al 565174 Yellow,White 20% Silicates Fibrous <1% Paint Bound CT -1 Ceiling Texture Homogeneous 5% Cellulose 75% Calc Carb None Detected Al 565175 White 20% Foam Fibrous <1% Paint Bound CT -2 Ceiling Texture Homogeneous 5% Cellulose 75% Calc Carb None Detected Al 565176 White 20% Foam Fibrous <1% Paint Bound CT -3 Ceiling Texture Homogeneous 5% Cellulose 75% Calc Carb None Detected A1565177 White 20% Foam Fibrous <1% Paint Bound S-1 Siding Homogeneous 65% Cellulose 35% Binder None Detected Al 565178 Beige,Tan <1% Paint Fibrous Bound Page 1 of 4 rc ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY L/�C35 Client: Universal Engineering Sciences CEI Lab Code: A13-11667 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-01-13 Project: Bell Park Dr. - 15250 Bell Park Dr. - Bennett House; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous % S-2 Siding Homogeneous 65% Cellulose 35% Binder None Detected Al 565179 Beige,Tan <1% Paint Fibrous Bound JC -1 Joint Compound Homogeneous 5% Cellulose 75% Calc Carb None Detected Al 565180 Green,White 20% Silicates Fibrous <1% Paint Bound JC -2 Joint Compound Homogeneous 5% Cellulose 75% Calc Carb None Detected Al 565181 Green,White 20% Silicates Fibrous <1% Paint Bound JC -3 Joint Compound Homogeneous 5% Cellulose 75% Calc Carb None Detected Al 565182 Green,White 20% Silicates Fibrous <1% Paint Bound VS -1 Vinyl Sheet Heterogeneous 20% Cellulose 50% Vinyl None Detected Al 565183 Yellow,Beige 5% Fiberglass 25% Binder Fibrous <1% Mastic Bound VS -2 Vinyl Sheet Heterogeneous 20% Cellulose 50% Vinyl None Detected Al 565184 Yellow,Beige 5% Fiberglass 25% Binder Fibrous <1% Mastic Bound VS -3 Vinyl Sheet Heterogeneous 20% Cellulose 50% Vinyl None Detected A1565185 Yellow,Beige 5% Fiberglass 25% Binder Fibrous <1% Mastic Bound Page 2 of 4 rc ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY L/�C�S Client: Universal Engineering Sciences CEI Lab Code: A13-11667 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-01-13 Project: Bell Park Dr. - 15250 Bell Park Dr. - Bennett House; 1640.1300052.0000 oCRFSTn-q Rill K P1 M FPO r%nn MFTHnn Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous VS -4 Vinyl Sheet Heterogeneous 20% Cellulose 50% Vinyl None Detected Al 565186 Yellow,Beige 5% Fiberglass 25% Binder Fibrous <1% Mastic Bound VS -5 Vinyl Sheet Heterogeneous 20% Cellulose 50% Vinyl None Detected Al 565187 Yellow,Beige 5% Fiberglass 25% Binder Fibrous <1% Mastic Bound VS -6 Vinyl Sheet Heterogeneous 20% Cellulose 50% Vinyl None Detected Al 565188 Yellow,Beige 5% Fiberglass 25% Binder Fibrous <1% Mastic Bound R-1 Roofing Heterogeneous 15% Fiberglass 70% Tar None Detected Al 565189 Black 15% Gravel Fibrous Bound R-2 Roofing Heterogeneous 15% Fiberglass 70% Tar None Detected A1565190 Black 15% Gravel Fibrous Bound Page 3 of 4 CC SS LEGEND: Non-Anth = Non-Asbestiform Anthophylite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 The detection limit for the method is <1 % by visual estimation and 0.25% by 400 point counts or 0.1% by 1,000 point counts. Due to the limitations of the EPA 600 Method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarizing light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. This report may not be reproduced, except in full, without written approval by CEI LABS. CEI LABS makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U. S. Government. Com`6 L � / k�-' ANALYST: Ir APPROVED BY. l� Daniel Liguori Tianbao Bai, Ph.D. Laboratory Director INV Q NVLAP Lab Codc 1Q1768 0 CEI Labs, 107 New Edition Court, Cary, NC 27511, Phone: (866) 481-1412 Page 4 of 4 C E I 107 New Edition Court, Cary, NC 27511 Tel: 866-481-1412; Fax: 919-481-1442 COMPANY CONTACT INFORMATION Com an : Universal Engineering Sciences, Inc. Address: 3040 Business Park Drive Suite F Norcross, GA 30071 f15z51) &it OnrL f1 Name: IDM GuL4D + 3 ASBESTOS PLM BULK PLM POINT COUNT {400} PLM POINT COUNT [1pp0] PLM GRAVIMETRIC PLM GRAY w POINT COUNT PCM AIR TEM AIR TEM AIR TEM AIR TEM BULK TEM DUST WIPE TEM DUST MICROVAC TEM QUALITATIVE OTHER: E OTHER: REMARKS: Call to confirm RUSH analysis. 6' z OdQd METHOD -EPA 600 EPA 600 EPA 600 EPA 600 EPA 600 _ NIOSH 7400 _ AHERA EPA Level II _ NIOSH 7402 CHATFIELD ASTM D6480-05 ASTM D5755-03 CEI LABS METHOD EPA SW846 70006 EPA SW846 7000B EPA SW846 7000B NIOSH 7082 CHAIN OF CUSTODY LAS USE ONLY. CEI Lab Code: i6 12 G 7 P9 CEI Lab I.D. Range: /t / {y %'j -t • g(�,r e�Q Client #: Jots Contact: Jeffery Goodyear Email:igoodyear@universalengineering.com Tel: (770) 242-6438 Fax: P.O. #: TURN AROUND TIME 4 HR* 8 HR* 12 HR* 1 DAY 2 DAY 3 DAY 5 DAY IWI 4 HR' 8 HR" 12 HR* 24 HR 2 DAY 3 DAY 5 DAY El El Accept Sample: Reject Samples Daterrime Received B : Datefrime Samples will be disposed of 30 days after analysis CEI FORM # VERSION SAMPLING FORM et 13 . If(p4o7 COMPANY CONTACT INFORMATION Company: Universal Engineering Sciences .lob Contact: Jeffery Goodyear Project Name: 'f/ rark Dr- /SzSa 8e)/ qrk Dr enm +f ° u; Project ID #: I6 6 . r 3006 1�;-Z . 009n Tel: 770-242-6438 SAMPLE ID# DESCRIPTION I LOCATION 'VOLUMEIAREA COMMENTS Vlj g —a c! r' ,+C +'1 1 � � i•�' urP r G�Pt', rt trM `Z It /l Ir t R t ii .Z Page of CEI FORM # VERSION CC ASBESTOS LABORATORY REPORT Prepared for Universal Engineering Sciences PROJECT: Bell Park - 15260 Bell Park Dr.; 1640.1300052.0000 CEI LAB CODE: Al 3-11670 DATE ANALYZED: 10/01/13 DATE REPORTED: 10/02/13 TOTAL SAMPLES ANALYZED: 10 # SAMPLES >1% ASBESTOS: TEL: 866-481-1412 www.ceilabs.com Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY L/�C35 PROJECT: Bell Park - 15260 Bell Park Dr.; CEI LAB CODE: A13-11670 1640.1300052.0000 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description WB -1 WB -2 A1565255 A1565256 White White Wallboard Wallboard None Detected None Detected WB -3 A1565257 White,Blue Wallboard/Mud None Detected JC -1 A1565258 White,Beige Joint Compound None Detected JC -2 A1565259 White Joint Compound None Detected JC -3 A1565260 White Joint Compound None Detected R-1 A1565261 Black Asphalt Shingle None Detected R-2 A1565262 Black Asphalt Shingle None Detected F-1 A1565263 Black Asphalt Felt None Detected F-2 A1565264 Black Asphalt Felt None Detected Page 1 of 1 ASBESTOS BULK ANALYSIS _ By: POLARIZING LIGHT MICROSCOPY L/�C35 Client: Universal Engineering Sciences CEI Lab Code: A13-11670 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-02-13 Project: Bell Park - 15260 Bell Park Dr.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous WBA Wallboard Homogeneous 5% Cellulose 75% Gypsum None Detected A1565255 White 20% Silicates Fibrous <1% Paint Bound WB -2 Wallboard Homogeneous 5% Cellulose 75% Gypsum None Detected A1565256 White 20% Silicates Fibrous <1% Paint Bound WB -3 Wallboard/Mud Heterogeneous 5% Cellulose 75% Gypsum None Detected A1565257 White,Blue 20% Calc Carb Fibrous <1% Paint Bound JC -1 Joint Compound Homogeneous 3% Cellulose 75% Calc Carb None Detected A1565258 White,Beige 2% Talc 20% Silicates Fibrous <1% Paint Bound JC -2 Joint Compound Homogeneous 3% Cellulose 75% Calc Carb None Detected A1565259 White 2% Talc 20% Silicates Fibrous Bound JC -3 Joint Compound Homogeneous 3% Cellulose 75% Calc Carb None Detected A1565260 White 2% Talc 20% Silicates Fibrous Bound R-1 Asphalt Shingle Heterogeneous 15% Fiberglass 70% Tar None Detected Al 565261 Black 15% Gravel Fibrous Bound Page 1 of 3 rc ASBESTOS BULK ANALYSIS CEIBy: POLARIZING LIGHT MICROSCOPY L/t'©S Client: Universal Engineering Sciences CEI Lab Code: A13-11670 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross , GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-02-13 Project: Bell Park - 15260 Bell Park Dr.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous R-2 Asphalt Shingle Heterogeneous 15% Fiberglass 70% Tar None Detected A1565262 Black 15% Gravel Fibrous Bound F-1 Asphalt Felt Homogeneous 50% Cellulose 50% Tar None Detected A1565263 Black Fibrous Bound F-2 Asphalt Felt Homogeneous 50% Cellulose 50% Tar None Detected A1565264 Black Fibrous Bound Page 2 of 3 CC LEGEND: Non-Anth = Non-Asbestiform Anthophylite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 The detection limit for the method is <1 % by visual estimation and 0.25% by 400 point counts or 0.1 % by 1,000 point counts. Due to the limitations of the EPA 600 Method, nonfriable organically bound materials (NOBS) such as vinyl floor tiles can be difficult to analyze via polarizing light microscopy (PLM). EPA recommends that all NOBS analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. This report may not be reproduced, except in full, without written approval by CEI LABS. CEI LABS makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U. S. Government. 0*6 L- Q p k��- ANALYST: Ir APPROVED BY: Z'X� Daniel Liguori Tianbao Bai, Ph.D. Laboratory Director G mv Q NVLAP Lab Code 1 D17$8.0 CEI Labs, 107 New Edition Court, Cary, NC 27511, Phone: (866) 481-1412 Page 3 of 3 C C I 107 New Edition Court, Cary, NC 27511 Tel: 866-481-1412; Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY: CEI Lab Code: 10 CEI Lab I.D. Range: S • -4 COMPANY CONTACT INFORMATION Company: Universal Engineering Sciences, Inc. Client#: Address: 3040 Business Park Drive ,lob Contact: Jeffery Goodyear Suite F Email:jgoodyear@universalengineering.com Norcross, GA 30071 Tel: (770) 242-6438 Project Name: i 19c, r k Fax: Project ID #: /6 `'l0. (3000$-r,00aU I P.O. #: ASBESTOS METHOD 4 HR* 8 HR* TURN AROUND TIME 12 HR* 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ PLM POINT COUNT (400) EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLM POINT COUNT (1000) EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLM GRAVIMETRIC PLM GRAY w POINT COUNT EPA 600 EPA 600 _ u _ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ POM AIR NIOSH 7400 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR AHERA ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR EPA Level II ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR NIOSH 7402 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM BULK CHATFIELD S 4`iK ❑ ❑ ❑ ❑ ❑ ❑ TEM DUST WIPE ASTM D6480-05 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM DUST MICROVAC ASTM D5755-03 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM QUALITATIVE CEI LABS ❑ ❑ ❑ ❑ ❑ ❑ ❑ OTHER: ❑ ❑ ❑ ❑ ❑ ❑ ❑ LEAD PAINT METHOD 4 HR* 8 HR* 12 HR* 24 HR 2 DAY 3 DAY 5 DAY LEAD PAINT LEAD WIPE LEAD SOIL LEAD AIR OTHER: EPA SW846 70008 EPA SW846 7000B EPA SW846 70008 NIOSH 7082 JA_. _ __ ..:.... _- ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ REMARKS: go Accept Samples Reject Samples Relinquished By: DatelTime Received By: DatelTime a� *Call to confirrn RUSH analysis. Samples will be disposed of 30 days after analysis (7EI FORM # VERSION C E IL_�os A8. /t�7U SAMPLING FORM COMPANY CONTACT INFORMATION Company: Universal Engineering Sciences ,lob Contact: Jeffery Goodyear Project Name:park 1 szlo I P�rkDr Project ID #: !/ Ho. 1300o 52, eo00 Tel: 770-242-6438 SAMPLE ID# DESCRIPTION / LOCATION VOLUMEIAREA COMMENTS uJ -I Qc0iboorcIf We- 3 . Ton n-► -I t o,,4 ou dKe-race C J - S c e - 2 - Page } of CEI FORM # VERSION CC r -C L^BS ASBESTOS LABORATORY REPORT Prepared for Universal Engineering Sciences PROJECT: Bell Park Dr. - 15315 Thompson Rd.; 1640.1300052.0000 CEI LAB CODE: Al 3-11669 DATE ANALYZED: 10/01/13 DATE REPORTED: 10/02/13 TOTAL SAMPLES ANALYZED: 34 # SAMPLES >1% ASBESTOS: 2 TEL: 866-481-1412 www.ceilabs.com rc Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY L/�f�S PROJECT: Bell Park Dr. - 15315 Thompson Rd.; CEI LAB CODE: All 3-11669 1640.1300052.0000 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description % VCT -1 VCT -2 A1565221A A1565221 B A1565222A Beige,Brown Yellow Beige,Brown Vinyl Comp. Tile Mastic Vinyl Comp. Tile None Detected A1565222B Yellow Mastic None Detected VCT -3 A1565223A Brown Vinyl Comp. Tile None Detected A1565223B Clear Mastic None Detected VCT -4 A1565224A Brown Vinyl Comp. Tile None Detected A1565224B Clear Mastic None Detected VCT -5 A1565225A A1565225B Green Green, Patterned Vinyl Comp. Tile Vinyl Comp. Tile None Detected None Detected A1565225C Cream,Black Vinyl Comp. Tile None Detected A1565225D Tan,Pink Vinyl Comp. Tile None Detected VCT -6 A1565226A A1565226B Green, Patterned Green,Beige Vinyl Comp. Tile Vinyl Comp. Tile None Detected None Detected A1565226C Cream,Black Vinyl Comp. Tile None Detected WB -1 A1565227 Off-white,Blue Wallboard None Detected WB -2 A1565228 Off-white,Blue Wallboard None Detected WB -3 A1565229 Off-white,Blue Wallboard/Mud None Detected JC -1 A1565230 White,Blue Joint Compound None Detected JC -2 A1565231 White,Blue Joint Compound None Detected JC -3 A1565232 White,Blue Joint Compound None Detected VS -1 A1565233 Brown Vinyl Sheet None Detected VS -2 A1565234 Brown Vinyl Sheet None Detected C-1 A1565235 White Caulking None Detected C-2 A1565236 White Caulking None Detected CT -1 A1565237 White Ceiling Tile None Detected CT -2 A1565238 White Ceiling Tile None Detected CT -3 _-------------------------........-..........-------_------------------- Layer 1 Layer 2 A1565239 A1565239 Off-white Brown Ceiling Tile Adhesive None Detected None Detected CT -4 Layer 1 A1565240 Off-white Ceiling Tile None Detected Page 1 of 2 Asbestos Report Summary C E I By: POLARIZING LIGHT MICROSCOPY L!!BS PROJECT: Bell Park Dr. - 15315 Thompson Rd.; CEI LAB CODE: A13-11669 1640.1300052.0000 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID - - - --Layer Lab ID Color Sample Description - - -- -- - - - - _ CT -5 - CT -6 --------------------------------------------------------------- Layer 2 Layer 1 _ Layer 2 Layer 1 _ Layer 2 A1565240 A1565241 A1565241 A1565242 W _ A1565242 Brown - Tan - Brown - Tan _ _ r Brown Adhesive Ceiling Tile - - _ _ Adhesive Ceiling Tile _ _ _ _ _ Adhesive _ None Detected - None Detected _ _ W _ _ None Detected None Detected _ _ - None Detected CT -7 A1565243 White Ceiling Tile None Detected CT -8 A1565244 White Ceiling Tile None Detected R-1 A1565245 White,Tan Red Shingle None Detected R-2 A1565246 White,Grey Shingle None Detected R-3 A1565247 Red Shingle None Detected R-4 A1565248 Red Shingle None Detected R-5 A1565249 Grey Shingle None Detected R-6 A1565250 Grey Shingle None Detected R-7 A1565251 White,Variously Roof Shingle None Detected R-8 A1565252 White Roof Shingle None Detected R-9 A1565253 Brown Roof Shingle None Detected R-10 A1565254 Brown Roof Shingle None Detected Page 2 of 2 rc ASBESTOS BULK ANALYSIS CEIBy: POLARIZING LIGHT MICROSCOPY L^13S Client: Universal Engineering Sciences CEI Lab Code: A13-11669 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-02-13 Project: Bell Park Dr. - 15315 Thompson Rd.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous VCT -1 Vinyl Comp. Tile Heterogeneous 98% Vinyl 2% Chrysotile A1565221A Beige,Brown Non-fibrous Bound Al 565221 B Mastic Heterogeneous 100% Mastic None Detected Yellow Non-fibrous Bound VCT -2 Vinyl Comp. Tile Heterogeneous 98% Vinyl 2% Chrysotile A1565222A Beige, Brown Non-fibrous Bound A1565222B Mastic Heterogeneous 100% Mastic None Detected Yellow Non-fibrous Bound VCT -3 Vinyl Comp. Tile Heterogeneous 100% Vinyl None Detected A1565223A Brown Non-fibrous Bound A1565223B Mastic Heterogeneous 100% Mastic None Detected Clear Non-fibrous Bound VCT -4 Vinyl Comp. Tile Heterogeneous 100% Vinyl None Detected A1565224A Brown Non-fibrous Bound Page 1 of 8 ASBESTOS BULK ANALYSIS C E By: POLARIZING LIGHT MICROSCOPY IL^SS Client: Universal Engineering Sciences CEI Lab Code: A13-11669 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross , GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-02-13 Project: Bell Park Dr. - 15315 Thompson Rd.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous A1565224B Mastic Heterogeneous 100% Mastic None Detected Clear Non-fibrous Bound VCT -5 Vinyl Comp. Tile Heterogeneous 45% Cellulose 25% Vinyl None Detected A1565225A Green 30% Tar Fibrous Bound A1565225B Vinyl Comp. Tile Heterogeneous 45% Cellulose 25% Vinyl None Detected Green,Patterned 30% Tar Fibrous Bound A1565225C Vinyl Comp. Tile Heterogeneous 45% Cellulose 25% Vinyl None Detected Cream,Black 30% Tar Fibrous Bound A1565225D Vinyl Comp. Tile Heterogeneous 45% Cellulose 25% Vinyl None Detected Tan,Pink 30% Tar Fibrous Bound VCT -6 Vinyl Comp. Tile Heterogeneous 45% Cellulose 25% Vinyl None Detected A1565226A Green,Patterned 30% Tar Fibrous Bound A1565226B Vinyl Comp. Tile Heterogeneous 45% Cellulose 25% Vinyl None Detected Green,Beige 30% Tar Fibrous Bound Page 2 of 8 ASBESTOS BULK ANALYSIS (:E1By: POLARIZING LIGHT MICROSCOPY LABS Client: Universal Engineering Sciences CEI Lab Code: A13-11669 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-02-13 Project: Bell Park Dr. - 15315 Thompson Rd.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous A1565226C Vinyl Comp. Tile Heterogeneous 45% Cellulose 25% Vinyl None Detected Cream,Black 30% Tar Fibrous Bound WBA Wallboard Heterogeneous 15% Cellulose 80% Gypsum None Detected A1565227 Off-white,Blue 5% Paint Fibrous Bound W13-2 Wallboard Heterogeneous 15% Cellulose 80% Gypsum None Detected A1565228 Off-white,Blue 5% Paint Fibrous Bound WB -3 Wallboard/Mud Heterogeneous 15% Cellulose 70% Gypsum None Detected A1565229 Off-white,Blue 5% Paint Fibrous 10% Calc Carb Bound JC -1 Joint Compound Heterogeneous 5% Paint None Detected A1565230 White,Blue 70% Calc Carb Non-fibrous 25% Binder Bound JC -2 Joint Compound Heterogeneous 5% Paint None Detected A1565231 White,Blue 70% Calc Carb Non-fibrous 25% Binder Bound JC -3 Joint Compound Heterogeneous 5% Paint None Detected A1565232 White,Blue 70% Calc Carb Non-fibrous 25% Binder Bound Page 3 of 8 re�` ASBESTOS BULK ANALYSIS C:E1 By: POLARIZING LIGHT MICROSCOPY L^135 Client: Universal Engineering Sciences CEI Lab Code: A13-11669 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-02-13 Project: Bell Park Dr. - 15315 Thompson Rd.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous VS -1 Vinyl Sheet Heterogeneous 40% Cellulose 50% Vinyl None Detected A1565233 Brown 10% Synthetic Fiber <1 % Mastic Fibrous Bound VS -2 Vinyl Sheet Heterogeneous 40% Cellulose 50% Vinyl None Detected A1565234 Brown 10% Synthetic Fiber <I% Mastic Fibrous Bound C-1 Caulking Heterogeneous 2% Synthetic Fiber 15% Metal Foil None Detected A1565235 White 5% Mastic Non-fibrous 78% Binder Bound C-2 Caulking Heterogeneous 2% Synthetic Fiber 15% Metal Foil None Detected A1565236 White 5% Mastic Non-fibrous 78% Binder Bound CT -1 Ceiling Tile Heterogeneous 95% Cellulose 5% Paint None Detected A1565237 White Fibrous Bound CT -2 Ceiling Tile Heterogeneous 95% Cellulose 5% Paint None Detected A1565238 White Fibrous Bound CT -3 Ceiling Tile Heterogeneous 95% Cellulose 5% Paint None Detected Layer 1 Off-white A1565239 Fibrous Bound Page 4 of 8 ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY L/�C35 Client: Universal Engineering Sciences CEI Lab Code: A13-11669 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-02-13 Project: Bell Park Dr. - 15315 Thompson Rd.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous % Layer 2 Adhesive Heterogeneous 100% Mastic None Detected A1565239 Brown Non-fibrous Bound CT -4 Ceiling Tile Heterogeneous 95% Cellulose 5% Paint None Detected Layer 1 Off-white A1565240 Fibrous Bound --------------------------------------.._--------------------------- Layer 2 Adhesive Heterogeneous 100% Mastic None Detected A1565240 Brown Non-fibrous Bound CT -5 Ceiling Tile Heterogeneous 100% Cellulose None Detected Layer1 Tan A1565241 Fibrous Bound Layer 2 Adhesive Heterogeneous 100% Mastic None Detected A1565241 Brown Non-fibrous Bound CT -6 Ceiling Tile Heterogeneous 100% Cellulose None Detected Layer1 Tan A1565242 Fibrous Bound Layer 2 Adhesive Heterogeneous 100% Mastic None Detected A1565242 Brown Non-fibrous Bound Page 5 of 8 rc ASBESTOS BULK ANALYSIS C:E1 By: POLARIZING LIGHT MICROSCOPY LADS Client: Universal Engineering Sciences CEI Lab Code: A13-11669 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-02-13 Project: Bell Park Dr. - 15315 Thompson Rd.; 1640.1300052.0000 ACRFSTCIS Rill K PI M FPO RAA MFTHc)n Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous CT -7 Ceiling Tile Heterogeneous 95% Cellulose 5% Paint None Detected A1565243 White Fibrous Bound CT -8 Ceiling Tile Heterogeneous 95% Cellulose 5% Paint None Detected A1565244 White Fibrous Bound R-1 Shingle Heterogeneous 35% Cellulose 40% Tar None Detected A1565245 White,Tan Red 25% Gravel Fibrous Bound R-2 Shingle Heterogeneous 35% Cellulose 40% Tar None Detected A1565246 White,Grey 25% Gravel Fibrous Bound R-3 Shingle Heterogeneous 35% Cellulose 40% Tar None Detected A1565247 Red 25% Gravel Fibrous Bound R-4 Shingle Heterogeneous 35% Cellulose 40% Tar None Detected A1565248 Red 25% Gravel Fibrous Bound R-5 Shingle Heterogeneous 40% Cellulose 45% Tar None Detected A1565249 Grey 15% Gravel Fibrous Bound Page 6 of 8 rc ASBESTOS BULK ANALYSIS C:E1By: POLARIZING LIGHT MICROSCOPY LABS Client: Universal Engineering Sciences CEI Lab Code: A13-11669 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-02-13 Project: Bell Park Dr. - 15315 Thompson Rd.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous R-6 Shingle Heterogeneous 40% Cellulose 45% Tar None Detected A1565250 Grey 15% Gravel Fibrous Bound R-7 Roof Shingle Heterogeneous 35% Cellulose 40% Tar None Detected Al 565251 White,Variously 25% Gravel Fibrous Bound R -g Roof Shingle Heterogeneous 35% Cellulose 40% Tar None Detected A1565252 White 25% Gravel Fibrous Bound R-9 Roof Shingle Heterogeneous 20% Fiberglass 55% Tar None Detected A1565253 Brown 25% Gravel Fibrous Bound R-10 Roof Shingle Heterogeneous 20% Fiberglass 55% Tar None Detected A1565254 Brown 25% Gravel Fibrous Bound Page 7 of 8 CC r -C LI ASS LEGEND: Non-Anth = Non-Asbestiform Anthophylite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 The detection limit for the method is <1 % by visual estimation and 0.25% by 400 point counts or 0.1 % by 1,000 point counts. Due to the limitations of the EPA 600 Method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarizing light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. This report may not be reproduced, except in full, without written approval by CEI LABS. CEI LABS makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U. S. Government. ANALYST: ) Samantha Card rA V a NVLAP Lab Code 101788 0 APPROVED BY: Z'X�" /�I-- Tianbao Bai, Ph.D. Laboratory Director CEI Labs, 107 New Edition Court, Cary, NC 27511, Phone: (866) 481-1412 Page 8 of 8 CCI 107 New Edition Court, Cary, NC 27511 Tel: 866-481-1412; Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY: CEI Lab Code: .>? CEI Lab I.D. Range: lr, Sy COMPANY CONTACT INFORMATION Company: Universal Engineering Sciences, Inc. Client#: Address: 3040 Business Park Drive Job Contact: Jeffery Goodyear Suite F Email:jgoodyear@universalengineering.com Norcross, GA 30071Tel: (770) 242-6438 ProjectName: j A,'k C 15315 1-6rok.1 hoo d . Fax: Project iD #: 1640, (3000S Z, edccl P.O.#: ASBESTOS METHOD Reli ished By: Daterrime TURN AROUND TIME Daterrime 4 HR* 8 HR* 12 HR* 1 DAY 2 DAY 3 DAY 5 DAY rLM BULK EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ PLM POINT COUNT (400) EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLM POINT COUNT (1000) EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLM GRAVIMETRIC EPA 600 ` : ❑ ❑ ❑ ❑ ❑ ❑ PLM GRAY w POINT COUNT EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ PCM AIR NIOSH 7400 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR AHERA ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR EPA Level II ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR NIOSH 7402 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM BULK CHATFIELD .ems_. _,I ❑ ❑ ❑ ❑ ❑ ❑ TEM DUST WIPE ASTM D6480-05 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM OUST MICROVAC ASTM D5755-03 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM QUALITATIVE CEI LABS ❑ ❑ ❑ ❑ ❑ OTHER: ❑ ❑ ❑ ❑ ❑ ❑ ❑ LEAD PAINT METHOD 4 HR* 8 HR* 12 HR* 24 HR 2 DAY 3 DAY 5 DAY LEAD PAINT EPA SW846 70008 ❑ ❑ ❑ 1:1 El❑ ❑ El ❑ LEAD WIPE EPA SW846 70008 LEAD SOIL EPA SW846 70008 LEAD AIR NIOSH 7082 OTHER: REMARKS: [] Accept Samples ❑ Reject Samples Reli ished By: Daterrime Received By: Daterrime D4d -7 )3 *Call to conf'I'rmWUSH analysis. Samples will be disposed of 30 days after analysis CEI FORM # VERSION Ciff� E LAIE3S A 13 •/Il�q SAMPLING FORM MMPANY CONTACT INFORMATION 'ompan :Universal Engineering Sciences ,lob Contact: Jeffery Goodyear 'ro'ect Name: Z nr k f. I 31 5 L„^ Son ,zd 7ro'ect ID #: Tel: 770-242-6438 SAMPLE ID# DESCRIPTION / LOCATION 'VOLUME/AREA COMMENTS C -1 Calms -r Ie jod sk'A .. Z It I 'C r 1. I1 / GT- it ' f L'r 4 it It 1, ,vGT- $ �t i < <, ••�, B- a 1119dar LAR -2 11 ll !l g- ii f V -Z [-Z ►� 1, <� Le "n' ;E, r,4 r 5 -)' Z I; t 7 11 / Od S GT -3 rej., 1.4 F- Qc:dM i t C �, 1 I c s c7r- R It IL pt r 'I 9-1 - r• h cr r,bf - P.6 1( I i it /( p tti�, r C If cY r K- 4 o . c.s P Page of CEI FORM # VERSION CEILABS ASBESTOS LABORATORY REPORT Prepared for Universal Engineering Sciences PROJECT: Bell Park Dr. - 15165 Hopewell Rd.; 1640.1300052.0000 CEI LAB CODE: A13-11668 DATE ANALYZED: 10/01/13 DATE REPORTED: 10/01/13 TOTAL SAMPLES ANALYZED: 30 # SAMPLES >1% ASBESTOS: 4 TEL: 866-481-1412 www.ceilabs.com rc Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY L/�C35 PROJECT: Bell Park Dr. - 15165 Hopewell Rd.; CEI LAB CODE: A13-11668 1640.1300052.0000 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description S-1 S-2 Al 565191 A1565192 Grey Grey Asphalt Siding Asphalt Siding None Detected None Detected R-1 Al 565193 Green Roofing None Detected R-2 A1565194 Green Roofing None Detected WB -1 A1565195 White Wallboard None Detected WB -2 A1565196 White Wallboard None Detected WB -3 A1565197 White Wallboard None Detected R-3 A1565198 Brown,Green Roofing None Detected R-4 Al 565199 Brown,Green Roofing None Detected CT -1 A1565200 White Ceiling Texture Chrysotile <1% CT -2 A1565201 White Ceiling Texture Chrysotile <1% CT -3 A1565202 White Ceiling Texture Chrysotile <1% ACT -1 A1565203 White Acoustic Tile None Detected ACT -2 A1565204 White Acoustic Tile None Detected VCT -1 A1565205A Beige Floor Tile A1565205B Yellow Mastic None Detected VCT -2 A1565206A Beige Floor Tile WMEff— A1565206B Yellow Mastic None Detected VCT -3 A1565207A Beige Floor Tile None Detected A1565207B Tan Mastic None Detected VCT -4 A1565208A Beige Floor Tile None Detected A1565208B Tan Mastic None Detected WB -1 A1565209 White Wallboard None Detected WB -2 A1565210 White Wallboard None Detected WB -3 A1565211 White Wallboard None Detected JC -1 + - r _ _ - - _ Layer 1 A1565212 - - - _ Layer 2 Al 565212 Yellow ' Tan Joint Compound Joint Compound None Detected _ - JC -2 A1565213 Yellow Joint Compound None Detected - JC -3 A1565214 Tan Joint Compound 33=389 VS -1 VS -2 A1565215 A1565216 Brown Brown Vinyl Sheet Vinyl Sheet None Detected None Detected Page 1 of 2 Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY L/�C35 PROJECT: Bell Park Dr. - 15165 Hopewell Rd., CEI LAB CODE: Al 3-11668 1640.1300052.0000 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS ,tient ID Layer Lab ID Color Sample Description % VS -3 A1565217 Variously Vinyl Sheet VS -4 A1565218 Variously Vinyl Sheet VS -5 A1565219A Tan Vinyl Sheet A1565219B Brown Vinyl Sheet VS -6 A1565220A Tan Vinyl Sheet A1565220B Brown Vinyl Sheet None Detected None Detected None Detected None Detected None Detected None Detected Page 2 of 2 r4l�' ASBESTOS BULK ANALYSIS C:E1 By: POLARIZING LIGHT MICROSCOPY L^13S Client: Universal Engineering Sciences CEI Lab Code: A13-11668 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross , GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-01-13 Project: Bell Park Dr. - 15165 Hopewell Rd.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous S-1 Asphalt Siding Heterogeneous 50% Cellulose 10% Binder None Detected A1565191 Grey 30% Tar Fibrous 10% Gravel Bound S-2 Asphalt Siding Heterogeneous 50% Cellulose 10% Binder None Detected Al 565192 Grey 30% Tar Fibrous 10% Gravel Bound R-1 Roofing Heterogeneous 50% Cellulose <1% Binder None Detected Al 565193 Green 40% Tar Fibrous 10% Gravel Bound R-2 Roofing Heterogeneous 50% Cellulose <1% Binder None Detected A1565194 Green 40% Tar Fibrous 10% Gravel Bound W13-1 Wallboard Heterogeneous 10% Cellulose 90% Binder None Detected Al 565195 White Fibrous Loosely Bound WB -2 Wallboard Heterogeneous 20% Cellulose 80% Binder None Detected Al 565196 White Fibrous Loosely Bound WB -3 Wallboard Heterogeneous 20% Cellulose 80% Binder None Detected Al 565197 White Fibrous Loosely Bound Page 1 of 7 ASBESTOS BULK ANALYSIS C:E1By: POLARIZING LIGHT MICROSCOPY Client: Universal Engineering Sciences CEI Lab Code: A13-11668 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-01-13 Project: Bell Park Dr. - 15165 Hopewell Rd.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous % R-3 Roofing Heterogeneous 10% Fiberglass 40% Binder None Detected Al 565198 Brown,Green 40% Tar Fibrous 10% Gravel Bound R-4 Roofing Heterogeneous 10% Fiberglass 40% Binder None Detected Al 565199 Brown,Green 40% Tar Fibrous 10% Gravel Bound CT -1 Ceiling Texture Homogeneous 70% Binder <1%Chrysotile A1565200 White 10% Mica Non-fibrous 20% Paint Bound CT -2 Ceiling Texture Homogeneous 70% Binder <1 % Chrysotile A1565201 White 10% Mica Non-fibrous 20% Paint Bound CT -3 Ceiling Texture Homogeneous 70% Binder <11% Chrysotile A1565202 White 10% Mica Non-fibrous 20% Paint Bound ACT -1 Acoustic Tile Homogeneous 100% Cellulose <1% Paint None Detected A1565203 White Fibrous Loosely Bound ACT -2 Acoustic Tile Homogeneous 100% Cellulose <1% Paint None Detected A1565204 White Fibrous Loosely Bound Page 2 of 7 ASBESTOS BULK ANALYSIS C E �s By: POLARIZING LIGHT MICROSCOPY r LABS Client: Universal Engineering Sciences CEI Lab Code: A13-11668 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-01-13 Project: Bell Park Dr. - 15165 Hopewell Rd.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous % VCT -1 Floor Tile Homogeneous 97% Vinyl 3% Chrysotile A1565205A Beige Fibrous Tightly Bound A1565205B Mastic Homogeneous <1% Cellulose 5% Binder None Detected Yellow 95% Mastic Non-fibrous Bound VCT -2 Floor Tile Homogeneous 97% Vinyl 3% Chrysotile A1565206A Beige Fibrous Tightly Bound A1565206B Mastic Homogeneous <1% Cellulose 5% Binder None Detected Yellow 95% Mastic Non-fibrous Bound VCT -3 Floor Tile Homogeneous 100% Vinyl None Detected A1565207A Beige Non-fibrous Tightly Bound A1565207B Mastic Homogeneous <1% Cellulose 10% Binder None Detected Tan 90% Mastic Non-fibrous Bound VCT -4 Floor Tile Homogeneous 100% Vinyl None Detected A1565208A Beige Non-fibrous Tightly Bound Page 3 of 7 ASBESTOS BULK ANALYSIS C:E1 By: POLARIZING LIGHT MICROSCOPY L^C35 Client: Universal Engineering Sciences CEI Lab Code: A13-11668 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-01-13 Project: Bell Park Dr. - 15165 Hopewell Rd.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous A1565208B Mastic Homogeneous <1% Cellulose 10% Binder None Detected Tan 90% Mastic Non-fibrous Bound WB -1 Wallboard Heterogeneous 10% Cellulose 90% Binder None Detected A1565209 White <1% Paint Fibrous Loosely Bound WB -2 Wallboard Heterogeneous 10% Cellulose 90% Binder None Detected A1565210 White <1% Paint Fibrous Loosely Bound WB -3 Wallboard Heterogeneous 10% Cellulose 90% Binder None Detected A1565211 White <1% Paint Fibrous Loosely Bound JC -1 Joint Compound Homogeneous 90% Binder None Detected Layer 1 Yellow 10% Mica A1565212 Non-fibrous Bound -------------------------------------_....------ Layer 2 Joint Compound Homogeneous 80% Binder - 2% Chrysotile A1565212 Tan 18% Mica Fibrous Loosely Bound JC -2 Joint Compound Homogeneous 90% Binder None Detected A1565213 Yellow 10% Mica Non-fibrous Bound Page 4 of 7 rc ASBESTOS BULK ANALYSIS C:E1 By: POLARIZING LIGHT MICROSCOPY LAC35 Client: Universal Engineering Sciences CEI Lab Code: A13-11668 3040 Business Park Drive - Suite F Date Received: 09-27-13 Norcross, GA 30071 Date Analyzed: 10-01-13 Date Reported: 10-01-13 Project: Bell Park Dr. - 15165 Hopewell Rd.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous JC -3 Joint Compound Homogeneous 80% Binder 2% Chrysotile A1565214 Tan 18% Mica Fibrous Loosely Bound VS -1 Vinyl Sheet Heterogeneous 50% Cellulose 50% Binder None Detected A1565215 Brown Fibrous Bound VS -2 Vinyl Sheet Heterogeneous 50% Cellulose 50% Binder None Detected Al 565216 Brown Fibrous Bound VS -3 Vinyl Sheet Heterogeneous 50% Cellulose 20% Binder None Detected Al 565217 Variously 30% Tar Fibrous Bound VS -4 Vinyl Sheet Heterogeneous 50% Cellulose 20% Binder None Detected A1565218 Variously 30% Tar Fibrous Bound VS -5 Vinyl Sheet Heterogeneous 20% Binder None Detected Al 565219A Tan 80% Vinyl Non-fibrous Bound Al 565219B Vinyl Sheet Heterogeneous 60% Cellulose 40% Binder None Detected Brown Fibrous Bound Page 5 of 7 rc C:EILASS Client: Universal Engineering Sciences 3040 Business Park Drive - Suite F Norcross , GA 30071 ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Project: Bell Park Dr. - 15165 Hopewell Rd.; 1640.1300052.0000 ASBESTOS BULK PLM, EPA 600 METHOD CEI Lab Code: A13-11668 Date Received: 09-27-13 Date Analyzed: 10-01-13 Date Reported: 10-01-13 Tient ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous % VS -6 Vinyl Sheet Heterogeneous 20% Binder None Detected A1565220A Tan 80% Vinyl Non-fibrous Bound A1565220B Vinyl Sheet Heterogeneous 60% Cellulose 40% Binder None Detected Brown Fibrous Bound Page 6 of 7 CEILABS LEGEND: Non-Anth = Non-Asbestiform Anthophylite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 The detection limit for the method is <1 % by visual estimation and 0.25% by 400 point counts or 0.1 % by 1,000 point counts. Due to the limitations of the EPA 600 Method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarizing light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. This report may not be reproduced, except in full, without written approval by CEI LABS. CEI LABS makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U. S. Government. Al�ANALYST: APPROVED BY: l Tianbao Bai Tianbao Bai, Ph.D. Laboratory Director r4vtR. a� NVLAP Lab Code 141768.4 CEI Labs, 107 New Edition Court, Cary, NC 27511, Phone: (866) 481-1412 Page 7 of 7 C C I L_^[BS 107 New Edition Court, Cary, NC 27511 Tel: 866-481-1412; Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY. CEt Lab Code: 'Aa--aca&O CEI Lab I.D. Range, AIC4& 1&7 1. 4rf d COMPANY CONTACT INFORMATION Accept Samples Reject Samples Relinquished By: Daterrime Received By: Datel ',ime 7 9` -Company: Universal Engineering Sciences, Inc. Client#: Address: 3040 Business Park Drive Job Contact: Jeffery Goodyear Suite F Email:jgoodyear@universalengineering.com Norcross, GA 30071 Tel: (770) 242-6438 Project Name: B� 1/ i� k � � � �� � «s n -?-K.H Fax: Project ID #: 1(� 0005-2 : c►U40 r P.O. #: ASBESTOS METHOD 4 HR* 8 HR* TURNAROUND TIME 12 HR* 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 ❑ ❑ ❑ ❑ ❑ Cl PLM POINT COUNT (400) EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLM POINT COUNT (1000) EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLM GRAVIMETRIC PLM GRAV w POINT COUNT EPA 600 EPA 600 �}I.__ __- ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ PCM AIR NIOSH 7400 ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR Al ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR EPA Level II ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR NIOSH 7402 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM BULK CHATFIELD ❑ ❑ ❑ ❑ ❑ ❑ TEM DUST WIPE ASTM D6480-05 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM DUST MICROVAC ASTM D5755-03 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM QUALITATIVE CEI LABS ❑ ❑ ❑ ❑ ❑ ❑ ❑ OTHER: ❑ ❑ ❑ ❑ ❑ ❑ ❑ LEAD PAINT METHOD 4 HR* 8 HR* 12 HR* 24 HR 2 DAY 3 DAY 5 DAY LEAD PAINT LEAD WIPE LEAD SOIL LEAD AIR OTHER: EPA SW846 70006 EPA SW846 70006 EPA SW846 7000B NIOSH 7082 z.,i ❑ ❑ ❑ ❑ ❑ ❑ ❑ El REMARKS: Accept Samples Reject Samples Relinquished By: Daterrime Received By: Datel ',ime 7 9` *Call to confirm RUSH analysis. Samples will be disposed of 30 days after analysis CEI FORM # VERSION C E ILAIBEi A/3. /l(100e SAMPLING FORM COMPANY CONTACT INFORMATION Company-, Universal Engineering Sciences Job Contact: Jeffery Goodyear Project Name: i6ellC.( vjef1 R Project ID #: )6-a S Zr Oe-p?�, Tel: 770-242-6438 SAMPLE ID# DESCRIPTION / LOCATION VOLUME/AREA COMMENTS •- 2 .r rr rr rl IC i3•-� r. �r �� wB-3 It z Cf,,kn-i ✓� Du vK�L t ti �Z r. rr It •r, 3 r ,� '.,i' �. ri C'T-Z 1 rr ,r r, l.�r h Co,-, —Tr l ,' r 1 S QCT- 2 it il yI r It cc r�+n •ti Z S`- -I LAkl oar, �Z art c h r - 'Z rl ri r 1 vs It It ' Page i_of CEI FORM # VERSION APPENDIX 3 u The Environmental Institute JeffGoerod ear Social ecurity Number - XXX-XX-3 4 UES - 3544 Strathmore Drive - Duluth, Georgia 30096 Has completed coursework and satisfactorily passed an examination that meets all criteria required for EPA/AHERA/ASHARA (TSCA Title ll) Approved Reaccreditation Asbestos in Buildings: Inspector Refresher July_ 16, 2013 13919 Course Date T Certificate Number July 16, 2_013 Examination Date— July 15, 2014 IIIy Expiration Date 4��li11�1l�i�l� homas G. L enthral - Principal Instructor P/k' L Rach G. Mm ministrator David W. Hogue - Training Manager (Approved by the ABIH Certification Maintenance Committee for 1/2 CM point - Approval #11-577) (Florida Provider Registration Number FL49-0001342 - Course #FL49-0002805) TEI -1841 West Oak Parkway, Suite F - Marietta, Georgia 30062 - (770) 427-3600 - www.tei-atl.com SECTION 1: SCOPE OF PROJECT Bid Form Asbestos Abatement at Bell Memorial Park General Description of Project Scope: The City of Milton is soliciting quotes from qualified vendors to provide Asbestos Abatement at two structures located at Bell Memorial Park. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids. Base Bid Amount $ (Dollar Amount in Numbers) (Company Name) (Signature) (Printed Name) 1.0 General Conditions a) Construction activity within 1000 feet on an occupied residence will be allowed Mon.-Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon.- Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM. b) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. c) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. d) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor shall replace any damaged property at his own expense. e) Unless otherwise stated, the City shall provide all necessary permits and easements associated with this project prior to issuance of the Notice to Proceed. f) The city reserves the right to remove any materials from the project site prior to demolition activities. 2.0 Materials, Equipment and Employees a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) No changes shall be made in the Work except upon written approval and change order of the city. c) If at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts is adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. d) The contractor shall designate a foreman/superintendent who shall direct the work. 3.0 Asbestos Abatement a) The contractor shall remove and dispose of all asbestos material. All waste material shall be transported to an approved EPA Certified Class I Landfill permitted to accept asbestos. The contractor shall also be responsible for preparing and submitting all necessary documents to the Georgia Environmental Protection Division for the 10 day demolition notice. 4.0 Structures to be Addressed: a) Two structures are to be addressed for asbestos abatement. They are located at 15315 Thompson Road and 15165 Hopewell Road, Milton, GA 30004. 5.0 Performance a) The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). 6.0 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. 7.0 Codes, Permits and Inspections a) The Contractor shall obtain all required permits, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the City, he shall bear all cost arising there from. b) The contractor is responsible for obtaining all required inspections. 8.0 Clean Up a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the City. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the site, mulch and seed all disturbed areas and completely prepare the project and site for use by the City. 9.0 Schedule a) Project shall start within 10 Calendar of date of award and be completed in satisfactory manner, as deemed by the Milton Parks and Recreation Department, within 30 calendar days from date of award. 10.0 Insurance Requirements a) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. b) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (1) 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. (2) 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. (3) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor’s errors, omissions, or negligent acts. (4) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. c) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. d) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. e) 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. f) 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 Agreement, including but not limited to Section 7(I) of this Agreement. g) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. h) 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. i) 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. j) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. k) 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. 6 Appendix A: Contractor Affidavit and Agreement ***** THIS FORM MUST BE SUBMITTED WITH THE BID ***** EXHIBIT “A” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization ____________________________ Name of Contractor Bell Memorial Asbestos Abatement Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ Appendix B: Asbestos Study Attached are the Asbestos Study report results for all of the structures on the property. SECTION 1: SCOPE OF PROJECT Bid Form Asbestos Abatement at Bell Memorial Park General Description of Project Scope: The City of Milton is soliciting quotes from qualified vendors to provide Asbestos Abatement at two structures located at Bell Memorial Park. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed hirnself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids. Base Bid Amount Hoo pu (Dollar Amount in Numbers) .�N�. (Coy Namc)� (Signature bb � (Printed NamQjj Appendix A: Contractor Affidavit and Agreement ***** THIS FORM MUST BE SUBMITTED WITH THE BID ***** EXHIBIT "A" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf ol'the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: a3 a L eVerify Number Date of Authorizatiion] t�/-V � / rt) 1 lglst -S. SJU C . Name of Contractor Bell Memorial Asbestos Abatement Name of Project City of Milton Name of Public Employer 6 I hereby declare under penalty of perjury that the foregoing is true and correct. C� ttAo�l� on Executed on (`fcS., 10, 201q in (city), G (state). SignaturTof Authorized Officer or Agent Print d Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE /0 DAY OF /L ,2014. r \\tttttilli111////// NO t RY PIJ LIC [NOTARY SEAL]Z O JAN *: 23 '•0 2016 �'�Z .9��� oo.,G�o V`�� My Commission Expires: . YIPV�\\`. DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE 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 policy(ies) 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). CONTACTPRODUCERNAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : 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. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY)(MM/DD/YYYY)INSR WVD GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-$POLICY LOCJECT COMBINED SINGLE LIMITAUTOMOBILE LIABILITY (Ea accident)$ BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS (PER ACCIDENT)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $ WC STATU-OTH-WORKERS COMPENSATION TORY LIMITS ERAND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED? (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) ENVIINC-15 YANDLED 3/19/2014 Woody Power Insurance Office of America-LEX 1221 Bower Parkway, Suite 101 Columbia, SC 29212-3732 (888) 326-4498 (803) 957-4945 Woody.Power@ioausa.com Everest Indemnity Insurance Company 10851 Enviromasters Inc. P O Box 68 Bowdon, GA 30108 Owners Insurance Company 32700 American Interstate Insurance Company of Texas 12228 2,000,000 A X X EF4ML05062131 08/17/2013 08/17/2014 50,000 X 5,000 X Contractors Pollutio 2,000,000 2,000,000 2,000,000 X 1,000,000 B 4681807802 08/17/2013 08/17/2014 X X X 3,000,000 A EF4CU00528131 08/17/2013 08/17/2014 3,000,000 X 10,000 X C AVWCGA2227722013 08/17/2013 08/17/2014 1,000,000 Y 1,000,000 1,000,000 B Equipment Floater 1147183611003213 08/17/2013 08/17/2014 Leased or Rented 150,000 B Equipment Floater 1147183611003213 08/17/2013 08/17/2014 Deductible 1,000 The Certificate Holder is Additional Insured as respects General Liability coverage as required by written contract. City of Milton 13000 Deerfield Parkway Suite 107A Milton, GA 30004 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not en- force our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule 1. O Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Premium: 1.50% 3. Minimum Premium: $250.00 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching" clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 08/17/2013 at 12:01 A.M. standard time, forms a part of (Date) Policy No. AVWCGA2227722013 issued to Enviromasters Inc. Policy Effective 08/17/2013 (Date) Premium $ Endorsement No. of the AMERICAN INTERSTATE INSURANCE COMPANY - 24759 to 08/17/2014 (Date) (Name of Insurance Carrier and NCCI Carrier Code) Authorized Representative WC 00 03 13 (4-84) 0 1083National council on Compensation Insurance COMMERCIAL GENERAL LIABILITY ECG 24 514 05 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY PROVISION - YOUR OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (Section IV) is amended by the addition of the following: If insurance similar to this insurance is held by a person or organization that is: a. An owner of real or personal property on which you are performing operations; or b. A contractor on whose behalf you are performing operations, this insurance is primary to that other insurance, and that other insurance shall not contribute to amounts payable under this insurance, for liability arising out of your ongoing operations performed for that person or organization under a written contract. However, this does not apply to any person or organization: a. From whom you did not receive a specific written request that this insurance be primary insurance, or if you did not receive that request prior to the date that your operations for that person or organization commenced; or b. For whom a certificate of insurance evidencing that request is not on file with, or received by, us prior to sixty days after the end of the policy period for this insurance. ECG 24 514 05 00 Copyright, Everest Reinsurance Company 2000 ❑ Includes copyrighted material of Insurance Services Office, Inc. used with its permission Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PER PROJECT(S) GENERAL AGGREGATE LIMIT WITH CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): ALL PROJECTS WHERE REQUIRED BY WRITTEN CONTRACT Designated Project General Aggregate Limit With Cap: $6,000,000 I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to operations at a single designated project shown in the Schedule above: 1. A separate Designated Project General Aggregate Limit applies to each designated project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. However, the separate Designated Project General Aggregate Limit(s) are subject to a Designated Project General Aggregate Limit Cap in the amount shown in the above Schedule of this endorsement. The Designated Project Gen- eral Aggregate Limit Cap is the most we will pay under the Designated Project General Aggregate Limit for all designated projects combined. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Project General Aggregate Limit for that designated project and the Designated Project General Aggregate Limit Cap. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated project shown in the Schedule above. However, such payments for damages and medical expenses included in the Designated Project General Aggregate Limit for all designated projects combined will reduce the Designated Project General Aggregate Limit Cap. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Med- ical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to operations at a single designated project shown in the Schedule above: ECG 25 536 07 11 Copyright Everest Reinsurance Company, 2011 Page 1 of 2 ❑ Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any pay- ments for damages because of "bodily injury" or "property damage" included in the "products -completed oper- ations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Project General Aggregate Limit. D. If the applicable designated project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same project. E. The provisions of Section Ili — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright Everest Reinsurance Company, 2010 ECG 25 536 07 11 ❑ Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific writ- ten request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 POLICY NUMBER: EF4ML05062-131 COMMERCIAL GENERAL LIABILITY ECG 20 557 06 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) Blanket where required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. FIN B. C. Section II — Who Is An Insured under the Com- mercial General Liability Coverage Part is amend- ed to include as an insured the person(s) or organ- izations) shown in the Schedule, only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" but only to the ex- tent caused, in whole or in part, by your mainte- nance, operation or use of equipment leased to you by such person(s) or organization(s). The insurance afforded to these additional in- sureds shall only include the insurance required by the terms of the written agreement and only to the extent that coverage is provided within the terms of this Coverage Part. The Limits of Insurance afforded to these addition- al insureds shall be the lesser of the following: 1. The Limits of Insurance required by the written agreement between the parties; or 2. The Limits of Insurance provided by this Cov- erage Part. D. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any 'occurrence" which takes place after the equipment lease expires. E. For the purposes of this endorsement, paragraph 4. Other Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS of the Commercial General Liability Coverage Part is replaced by the following: 4. Otherinsurance The insurance afforded to these additional in- sureds is excess over any other insurance naming an insured whether such insurance is primary, excess, contingent or contributing. This insurance may not be used to satisfy any deductible or self-insured retention amounts an insured may owe as a result of this loss, dam- age or injury. ECG 20 557 06 08 © Everest Reinsurance Company, 2008 Page 1 of 1 D Includes copyrighted material of ISO Properties, Inc. used with permission POLICY NUMBER: EF4ML05062-131 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or OManlzatlon(s): Location And Description Of Completed Operations Blanket where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 E3 POLICY NUMBER: EF4ML05062-131 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): _. Blanket where required by written contract. Information to Of Covered Operations this Schedule. if not shown above. will be shown in the Declarations. A. Section II —W ho Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of'the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLE POLLUTION LIABILITY COVERGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific writ- ten request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. ECG 24 506 12 04 Copyright, Everest Reinsurance Company, 2000 Includes copyrighted material of Insurance Services Office, Inc., with its permission Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured under the Con- tractor's Pollution Liability Coverage Part is amended to include as an insured the person or organization shown in the Schedule, only with re- spect to liability for "bodily injury' or "property damage" but only to the extent caused, in whole or in part by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. B. The insurance afforded to these additional in- sureds shall only include the insurance required by the terms of the written agreement and only to the extent that coverage is provided within the terms of this Coverage Part. C. The Limits of Insurance afforded to these addi- tional insureds shall be the lesser of the following: 1. The Limits of Insurance required by the writ- ten agreement between the parties; or 2. The Limits of Insurance provided by this Cov- erage Part. D. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily inju- ry" or "property damage" occurring after: ECG 20 503 06 08 Copyright Everest Reinsurance Company, 2008 Page 1 of 2 D Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. E. For the purposes of this endorsement, paragraph 4. Other Insurance under SECTION IV — CONDITIONS of the Contractor's Pollution Liabil- ity Coverage Part is replaced by the following: 4. Other Insurance The insurance afforded to these additional in- sureds is excess over any other insurance naming an insured whether such insurance is primary, excess, contingent or contributing. This insurance may not be used to satisfy any deductible or self-insured retention amounts an insured may owe as a result of this loss, damage or injury. Page 2 of 2 Copyright Everest Reinsurance Company, 2008 ECG 20 503 06 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Agency Code 16-0114-00 Policy Number 46-818-078-02 89304 (7-10) AUTOMATIC DESIGNATED INSURED - BLANKET COVERAGE Automobile Policy SECTION II - LIABILITY COVERAGE is provided to any The insurance provided by this endorsement does not person or organization only to the extent such person or apply to any extension of SECTION 11 - LIABILITY COV - organization is liable for your conduct arising from an ERAGE provided elsewhere in this policy. automobile to which SECTION II - LIABILITY COV- ERAGE applies. All other policy terms and conditions apply. 89304 (7-10) Page 1 of 1 EXHIBIT "F" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ( ,3 lei eVerify Number Date of A thorizatiob Enviro Masters, Inc. Name of Contractor Asbestos Abatement at Bell Memorial Park Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. �-4 14 oo Executed on tk kgc -, , 20 in (city), state). Signature of A utfiorized Officer or Agent -R JQb /-A T,/ -e,- �(.e S cL2 Printed Named Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 3 DAY OF ,201 � . ,— EXHIBIT "G" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON 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 Enviro Masters, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor Asbestos Abatement at Bell Memorial Park Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 1201. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: HOME OF' HEBEST ",!ALJY OF ! '`!N M I L TON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 4, 2014 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and the Art Lady. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (j NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: {YES () NO CITY ATTORNEY REVIEW REQUIRED: (YES O NO APPROVAL BY CITY ATTORNEY APPROVED O NOT APPROVED PLACED ON AGENDA FOR. L4 I q I REMARKS ® YouQ PHONE: 678,242.25001 FAX: 678.242.2499 info@cityofmiltongams I www.cityofmiMonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -treen .� Community 'tCRmfied * fop iau City of t E;% a� To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 3, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and The Art Lady ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and The Art Lady. Executive Summary: The Art Lady is a new children’s art program we wish to start in the City. This program is a hands-on, self-guided program intended to give young children a creative outlet. Children will be taught to use all five senses as they explore different cultures through art. The programs are aimed at children between the ages of 5 and 12, though there are some programs that will be offered to young teenagers up to age 15. Funding and Fiscal Impact: The class pricing will vary based upon the class offered and the duration of the class. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to continue our research to find another youth arts program provider. Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis, March 5, 2013 (Contract Template) Concurrent Review: Chris Lagerbloom Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and The Art Lady HOME OF ' ' ESTABLISHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2014, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY." and THE ART LADY hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as Art Classes at the following location: Bethwell Community Center, 2695 Hopewell Road, Milton GA 30004; Hopewell Middle School, 13060 Cogburn Road, Milton, GA 30004; Northwestern Middle School, 12805 Birmingham Hwy, Milton GA 30004; Cogburn Woods Elementary School, 13080 Cogburn Road, Milton GA 30004; Birmingham Falls Elementary School, 14865 Birmingham Hwy, Milton GA 30004. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department or his designee, hereinafter referred to as the "DEPARTMENT", will agree upon program schedules. PROVIDER agrees to submit a Program Request Form to the Coordinator for each program being proposed eight (8) weeks prior to the beginning of each session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. Youn PHONE: 678.242.2500 FAX: 678.242.2499 ®reen G*Certified* TOP.100 of Infoftityofmiltonga.us I www.cityofmilfonga.us WILDLIFE Community k Ethics 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 > �''a", Document 1.5 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 1.6 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.7 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.8 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited. sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 1.9 The PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. The PROVIDER may not use said facilities to conduct personal business including workshops, clinics, seminars, camps, or any other activities that are outside the scope of service described in (Exhibit "A"). It is further understood that such action(s) may result in immediate termination of the Agreement and the forfeiture of all compensation due to the PROVIDER. 1.10 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have first priority for use of CITY facilities, notwithstanding any other provisions of this A,-reement 1.11 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.12 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. Document 1. 13 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.14 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations and procedures, as well as those of the FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 1.15 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.16 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B") for all the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.17 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. ARTICLE 2.0 Equipment & Materials 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, Document PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of goal posts with the principal of the school located at the facility. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs. Fundraising activities conducted by the PROVIDER will not be permitted. The PROVIDER shall obtain the CITY's approval of any merchandise to be sold prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be canceled and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the releases and indemnities contained herein and of the PROVIDER's services in connection with the programs and activities described herein, the CITY shall be entitled to 30% of the registration fees paid by all program participants to the PROVIDER, and the PROVIDER shall be entitled to 70% of such fees paid, exclusive of the 50% non-resident surcharge. The 50% non-resident surcharge is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to Document PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to collect all fees from participants, and the PROVIDER agrees to provide CITY with schedules of fees to be charged to participants in conformance with Exhibit "A". It is agreed that the PROVIDER's sole obligation shall be to collect the fees from the participants and to remit the 30% of the fees collected as well as all 50% non-resident surcharge amounts to the CITY with a pay -out report of all monies collected. Payment will be made to the CITY within fourteen (14) business days of the end of each month or session or program, whichever occurs first. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. ARTICLE 5.0 Independent PROVIDER 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDERs activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. Document ARTICLE 6.0 Insurance 6.1 PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit — each occurrence $2,000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: Document A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption along with a written request for CITY to exempt PROVIDER, written on PROVIDER or subcontractor's letterhead. 6.6 PROVIDER shall also maintain Auto Liability and Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 6.7 The CITY and the Fulton County Board of Education shall each be named as an additional insured and loss payee on all policies required by this Agreement. ARTICLE 7.0 Term and Termination 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated and execution or termination of the contract will be determined by the DEPARTMENT. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect for a period of one (1) year from the date of execution of this Agreement by the CITY, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond the one (1) year term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 This Agreement may be terminated by the CITY for convenience upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein at the sole and exclusive discretion of the CITY. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. Document 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs, in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. ARTICLE 8.0 Indemnification 8.1 PROVIDER agrees to indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, their trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY, the FULTON COUNTY BOARD OF EDUCATION, or any third party arising out of, or by reason of, or resulting from the will full or negligent acts, errors, or omissions of the PROVIDER or its agents, officers, volunteers or employees. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans With Disabilities Act 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 9.3 PROVIDER in accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Provider agrees that, during performance of this Agreement, Provider, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Provider agrees to comply with all applicable implementing Document regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. ARTICLE 10.0 Miscellaneous 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. 10.2 This Agreement is non -transferable or assignable, and PROVIDER agrees not to transfer or assign the performance of services called for in the Agreement. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. Document IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. CITY: ATTEST: SUDIE GORDON, CITY CLERK JOE LOCKWOOD, MAYOR WITNESS: •gA CORPORATE SEAL] EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Art at Spring Break Participant Ages: 5-12yrs Day/s of the week program is offered: Spring Break /Monday - Friday Time of Program: 8 A.M to 6 P.M Program Dates: Program Fee: $275.00 Program Enrollment: Minimum 6 Maximum 20 Materials to be supplied by participants: n/ Materials to be supplied by PROVIDER: All Materials to be supplied by the City of MILTON: Additional Program Requirements: Please bring lunch and snacks if child has a special or restricted diet. PROVIDER (`s)Name: The Art Lady Address: City/State/Zip Code: Phone Number: (Day) (E-mail): Minimum Requirements: 1,000,000 General Liability Insurance (Evening) (Fax) Office Use Only. - Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Special needs arts Participant Ages: 5-15yrs Day/s of the week program is offered: Mon/Tues / Fri Time of Program: 2:45 P.M to 4:45 P.M Program Dates: Feb 3, 2014 to May 16, 2013 Program Fee: $50.00 daily Program Enrollment: Minimum 3 Maximum 6 Materials to be supplied by participants: N/A Materials to be supplied by PROVIDER: All Materials to be supplied by the City N/A Additional Program Requirements: Participants must be able to be independent with little or no assistant. of MILTON: PROVIDER (`s)Name: The Art Lady Address: 9108 Deer trail City/State/Zip Code: Alpharetta GA, 30004 Phone Number: (Day) (E-mail): Minimum Requirements: 1,000,000 General Liability Insurance (Evening) (Fax) Office Use Only. Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per proqram. Name of Program: The Art lady — After School Day/s of the week program is offered: 5yrs to 12yrs Time of Program: 2:30 P.M to 6:OOP.M Program Dates: Aug 2014 to May 2015 Program Fee: Weekly $75.00/ Monthly $300.00 Program Enrollment: Minimum 6 Maximum 20 Materials to be supplied by participants: N/A Materials to be supplied by PROVIDER: All Materials to be supplied by the City of MILTON: N/A Additional Program Requirements: Contract must be signed by provider, parent and ,f„,4 -n+ PROVIDER (`s)Name: The Art Lady Address: 9108 Deer trail City/State/Zip Code: Alpharetta, GA 30004 Phone Number: (Day) (E-mail): Minimum Reauirements: 1,000,000 General Liability Insurance (Evening) (Fax) Office Use Onfy.• Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: A trip around the world Participant Ages: 5 yrs to 7 yrs Day/s of the week program is offered: Saturday Time of Program: 9:45 A.M to 10:45 A.M Program Dates: Program Fee: $110 Program Enrollment: Minimum 3 Maximum 10 Materials to be supplied by participants: N/A Materials to be supplied by PROVIDER: All to Materials to be supplied by the City of MILTON: N/A Additional Program Requirements: N/A PROVIDER (`s)Name: The Art Lady Address: 9108 Deer Trail City/State/Zip Code: Alpharetta, G.A 30004 Phone Number: (Day) (E-mail): Minimum Requirements: 1,000,000 General Liability Insurance (Evening) (Fax) Office Use Only Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Art for tots Participant Ages: 2yrs to 5 yrs Day/s of the week program is offered: Tuesday Time of Program: 10:00 A.M to 11:00 A.M Program Dates: Program Fee: $86.00 Program Enrollment: Minimum 2 Maximum 10 Materials to be supplied by participants: N/A Materials to be supplied by PROVIDER: All Materials to be supplied by the City of MILTON: Additional Program Requirements: Parents must remain in the building to assist with child needs. (potty breaks etc.) PROVIDER (`s)Name: The Art Lady Address: 9108 Deer Trail City/State/Zip Code: Alpharetta GA, 30004 Phone Number: (Day) (E-mail): Minimum Requirements: 1,000,000 General Liability Insurance (Evening) (Fax) Office Use Only Program Rate:$ # of programs in Session: S Fee/Program: AC"RO CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 03/27/14 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 policy(ies) 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). PRODUCER CONTNAME:ACT 9 An ie Reese IA PHONE 0.Extl; (404) 907-2121 aC Ne : (404) 907-2121 Accurate Protection EA DRESS* -MAIL areese@accprotect.com 3070 Windward Plaza Ste. F-414 INSURERS AFFORDING COVERAGE NAIC # Alpharetta, GA 30005 INSURER A : The Hartford Financial Insurance Group 11000 Phone (404) 907-2121 Fax (404) 907-2121 INSURED INSURER B : INSURER C : Peta-Gaye Smith INSURER D : 9108 Deer Trail INSURER E: Alpharetta, GA 30004 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. INSR LTR TYPE OF INSURANCE ADD N UBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A GENERAL LIABILITY 0 COMMERCIAL GENERAL LIABILITY a ❑CLAIMS -MADE OCCUR ❑ Y 20SBANU4490 03!27/2014 03/27/2015 EACH OCCURRENCE s 1,000,000.00 DAMAGE TO RENTED 1,000,000. 00 PREMISES Ea occunence $ MED EXP (Any one person $ 10,000.00 PERSONAL s ADV INJURY $ 1,000,000.00 ❑ GENERAL AGGREGATE $ 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000.00 $ AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ ALL AUTOS OWNED ❑ SCHEDULED AUTOS ❑ HIRED AUTOS ❑ NON -OWNED AUTOS ❑ ❑ EOa aBciciNdeonISINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ ❑ UMBRELLA LIAB ❑ OCCUR ❑ EXCESS LIAB ❑ CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ ❑ DED ❑ RETENTION $ $ WORKERS COMPENSATION❑ AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?NIA (Mandatory in NH) F-1 If es, describe under DESCRIPTION OF OPERATIONS below WC STATLIMU- ❑ OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Milton has been added as Additional Insured as per Form SS 00 08 04 05 CERTIFICATE HOLDER CANCELLATION ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) QF The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Milton 13000 Deerfield Pkwy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Suit 107A Alpharetta, GA 30004 AUTHORIZED REPRESENTATIVE } ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) QF The ACORD name and logo are registered marks of ACORD AC700ROV CERTIFICATE OF LIABILITY INSURANCE DATE /YYYY) 033/27//27/14 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 policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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). PRODUCER CONTACT 9 NAME: Angie Reese _ PNONNo,E Ext): (404) 907-2121 aC No): (404) 907-2121 Accurate Protection 3070 Windward Plaza Ste. F-414 E-MAIL areese@accprotect.com INSURERS AFFORDING COVERAGE NAIC # Alpharetta, GA 30005 INSURER A : The Hartford Financial Insurance Group 11000 Phone (404) 907-2121 Fax (404) 907-2121 INSURED INSURER B : INSURER C : Peta-Gaye Smith INSURER D: 9108 Deer Trail INSURER E: Alpharetta, GA 30004 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. ILTR TYPE OF INSURANCE IDD UB POLICY NUMBER POLICY EFF MM�DD/YYYY LIMITS A GENERAL LIABILITY a COMMERCIAL GENERAL LIABILITY ❑ F-1CLAIMS-MADE0 OCCUR ❑ Y 20SBANU4490 03/27/2014 03/27/2015 EACH OCCURRENCE s 1,000,000.00 IMAGE PREM SE1 (41 occu D nce)$1,000,000.00 MED EXP (Any one person s 10,000.00 PERSONAL a ADV INJURY s 1,000,000.00 ❑ GENERAL AGGREGATE s 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: R1 POLICY El PRO -EC, ❑ LOC PRODUCTS - COMPIOP AGG s 2,000,000.00 $ AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ALL OWNED ❑ SCHEDULED AUTOS ❑HIRED AUTOS NON -OWNED ❑ AUTOS ❑ ❑ 1 EO aBINED .'den SINGLE LIMIT S BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE $ Peraccident $ UMBRELLA LIAB ❑ OCCUR ❑ ❑ EXCESS LIAR ❑ CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ ❑ DED ❑ RETENTION $ $ WORKERS COMPENSATION❑ AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WOCRYTATU- ❑ OTH- ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Fulton County Schools has been added as Additional Insured as per Form SS 00 08 04 05 CERTIFICATE HOLDER CANCELLATION ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) QF The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Fulton County Schools THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 786 Cleveland Ave SW Atlanta, GA 30315 AUTHORIZED REPRESENTATIVE 0 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) QF The ACORD name and logo are registered marks of ACORD ,,�-` j� CC Department of the Treasury O I.I RSInfernal Revenue Service In reply refer to: 0248574152 CINCINNATI OH 45999-0038 Oct. 04, 2013 LTR 147C 0 95-4657609 000000 00 00002242 BODC: SB 004206 PETA-GAYE CAROLINE SMITH ART LADY 9108 DEER TRL ALPHARETTA GA 30004-8580 Employer Identification Number: 95-4657609 Dear Taxpayer: Thank you for your inquiry of Sep. 25, 2013. Your Employer Identification Number (EIN) is 95-4657609. Please keep this letter in your permanent records. Enter your name and EIN on all federal business tax returns and on related correspondence. If you need forms, schedules, or publications, you can obtain them by visiting the IRS web site at www.irs.gov or by calling toll free at 1 -800 -TAX -FORM (1-800-829-3676). Please call our toll-free telephone number at 1-800-829-4933 with any questions you may have. You also can write to us at the address shown at the top of this letter's first page. When you write to us, please attach this letter and, in the spaces below, give us your telephone number with the hours we can reach you in case we need more information. You also may want to keep a copy of this letter for your records. Telephone Number ( ) Hours We apologize for any inconvenience we may have caused you, and thank you for your cooperation. -O :4F OF' . T777 ISI I r) 2:.t1S Business License (Home Based Business) IN ACCORDANCE WITH THE PROVISIONS OF THE CITY OF MILTON CODE OF ORDINANCES, LICENSE IS HEREBY GRANTED TO OPERATE THE BUSINESS REFERENCED BELOW BUSINESS DBA: LOCATED AT: Peta-gaye Smith THE ART LADY 9108 Deer Trail LICENSE #: BUS002591-01-2013 DATE ISSUED: March 14, 2014 DATE EXPIRES: December 31, 2014 Given under my hand this date of March 14, 2014 Chris J. Lagerbloom City Manager POST IN A CONSPICUOUS PLACE CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 4 , 2014 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Blaze Sports America, Inc. . MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMA TlON: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ('!.-APPROVED ( ) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ~ YES () NO CITY A TTORNEY REVIEW REQUIRED: ~YES ( ) NO APPROVAL BY CITY ATTORNEY ~APPROVED ( ) NOT APPROVED PLACED ON AGENDA FOR: REMARKS (j ~yo u t G-r--een . .* **.* Certi fi ed *PHONE: 678.242 .2500 I FAX: 678.242 .2499 info@cityofmiltonga.u5 I www.cityofmiltonga.u5 ~Om.~!!y \~~J -- _ CrllTI,.,l..O _"ONZ( _ '-.. 4'13000 Deerfield Parkway, Suite 107 I Milton GA 30004 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 4, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Blaze Sports America, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Blaze Sports America, Inc. Executive Summary: Blaze Sports America is a new physical education program we wish to start in the City. This program promotes equity and inclusion in providing sports, recreation and physical activity opportunities for people with physical disabilities in the City of Milton. Funding and Fiscal Impact: The class pricing will vary based upon the class offered and the duration of the class. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to continue our research to find another youth arts program provider. Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis, March 5, 2013 (Contract Template) Concurrent Review: Chris Lagerbloom Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Blaze Sports America, Inc. HOME OF' A T T -IF ESTA BL1SHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2014, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY." and BLAZE SPORTS AMERICA, INC. hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as Physical Disability Sport Leagues at the following location: Hopewell Middle School, 13060 Cogburn Road, Milton, GA 30004; Northwestern Middle School, 12805 Birmingham Hwy, Milton GA 30004; Cogburn Woods Elementary School, 13080 Cogburn Road, Milton GA 30004; Birmingham Falls Elementary School, 14865 Birmingham Hwy, Milton GA 30004; Bell Memorial Park, 15245 Bell Road, Milton GA 30004. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department or his designee, hereinafter referred to as the "DEPARTMENT", will agree upon program schedules. PROVIDER agrees to submit a Program Request Form to t{te Coordinator for each program being proposed eight (8) weeks prior to the beginning of each session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. ©10You ? *** PHONE: 678.242.25001 FAX: 678.242.2499 Green 4 ; 7�,,if a* infoQcityofmiltonga.us I www.cityofmiifonga.us « Community i,i 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Document 1.5 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 1.6 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.7 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.8 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 1.9 The PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. The PROVIDER may not use said facilities to conduct personal business including workshops, clinics, seminars, camps, or any other activities that are outside the scope of service described in (Exhibit "A"). It is further understood that such action(s) may result in immediate termination of the Agreement and the forfeiture of all compensation due to the PROVIDER. 1.10 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have rirst priority for use of CITY facilities, notwithstanding any other provisions of this Agreement 1.11 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.12 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. Document 1. 13 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.14 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations and procedures, as well as those of the FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 1.15 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.16 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B") for all the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.17 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. ARTICLE 2.0 Equipment & Materials 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, Document PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of goal posts with the principal of the school located at the facility. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs. Fundraising activities conducted by the PROVIDER will not be permitted. The PROVIDER shall obtain the CITY's approval of any merchandise to be sold prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be canceled and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the releases and indemnities contained herein and of the PROVIDER's services in connection with the programs and activities described herein, the CITY shall be entitled to 30% of the registration fees paid by all program participants to the PROVIDER, and the PROVIDER shall be entitled to 70% of such fees paid, exclusive of the 50% non-resident surcharge. The 50% non-resident surcharge is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to Document PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to collect all fees from participants, and the PROVIDER agrees to provide CITY with schedules of fees to be charged to participants in conformance with Exhibit "A". It is agreed that the PROVIDER's sole obligation shall be to collect the fees from the participants and to remit the 30% of the fees collected as well as all 50% non-resident surcharge amounts to the CITY with a pay -out report of all monies collected. Payment will be made to the CITY within thirty (30) business days of the end of each month or session or program, whichever occurs first. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. ARTICLE 5.0 Independent PROVIDER 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. Document ARTICLE 6.0 Insurance 6.1 PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit — each occurrence $2,000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: Document A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption along with a written request for CITY to exempt PROVIDER, written on PROVIDER or subcontractor's letterhead. 6.6 PROVIDER shall also maintain Auto Liability and Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 6.7 The CITY and the Fulton County Board of Education shall each be named as an additional insured and loss payee on all policies required by this Agreement. ARTICLE 7.0 Term and Termination 7.1 After a six (6) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the six (6) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated and execution or termination of the contract will be determined by the DEPARTMENT. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect for a period of one (1) year from the date of execution of this Agreement by the CITY, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond the one (1) year term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 This Agreement may be terminated by the CITY for convenience upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein at the sole and exclusive discretion of the CITY. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. Document 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs, in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. ARTICLE 8.0 Indemnification 8.1 PROVIDER agrees to indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, their trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY, the FULTON COUNTY BOARD OF EDUCATION, or any third party arising out of, or by reason of, or resulting from the will full or negligent acts, errors, or omissions of the PROVIDER or its agents, officers, volunteers or employees. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans With Disabilities Act 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 9.3 PROVIDER in accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Provider agrees that, during performance of this Agreement, Provider, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Provider agrees to comply with all applicable implementing Document regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. ARTICLE 10.0 Miscellaneous 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. 10.2 This Agreement is non -transferable or assignable, and PROVIDER agrees not to transfer or assign the performance of services called for in the Agreement. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. Document IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. CITY: ATTEST: BY: SUDIE GORDON, CITY CLERK JOE LOCKWOOD, MAYOR PROVIDER: WI ESS: BY:� JON cCULLOUGH, E C TI D OR [AFFIX CORPORATE SEAL] EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: BlazeDay - Program Introduction Participant Ages: Open to anyone Day/s of the week program is offered: Time of Program: 1 :OOpm to 3:00pm Program Dates: TBD Program Fee: ME - Program Enrollment: Minimum NA .9 Maximum NA Materials to be supplied by participants: NA -Open session day Materials to be supplied by PROVIDER: Volleyball equipment, boccia equipment, goalball equipment, basketballs, sport chairs Materials to be supplied by the City of MILTON: Gym space Additional Program Requirements: This will be an open public event to introduce BlazeSports to the community. PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only - Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: BlazeTots - multi -sport recreation program Participant Ages: 3-6 Day/s of the week program is offered: 1/week for 8 weeks TBD Time of Program: TBD to TB D Program Dates: TBD Program Fee: $200.00 for 8 weeks i Program Enrollment: Minimum 5 Maximum 20 Materials to be supplied b Assistive devices as needed by participant pp y participants: Materials to be supplied by PROVIDER: Balls, chairs, rackets, nets, jump ropes, hula hoops, blindfolds, parchutes ect. Materials to be supplied by the City of MILTON: Gym space Additional Program Requirements: Parents can choose to stay during the program if desired. PROVIDER (,$)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Introduction t0 BOCCIa Participant Ages: 8-65 Day/s of the week program is offered: TBD 1/week for 8 weeks TBD Time of Program: 1 Program Dates: TBD to Program Fee: $120 - 8 week program Program Enrollment: Minimum 3 NA Materials to be supplied by participants: _ Materials to be supplied by PROVIDER: Boccia Equipment, ramps Materials to be supplied Indoor gym space Additional Program Requirements: .R Maximum 20 by the city of MILTON: PROVIDER (°s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: GOalball Participant Ages: 13-18 Day/s of the week program is offered: 1/week for 8 weeks TBD Time of Program: TBD to -TBD Program Dates: TBD to TB D Program F. $120.00 for 8 weeks Program Enrollment: Minimum 6 Water bottle Materials to be supplied by participants: Materials to be supplied by PROVIDER: Goals, balls, blindfolds Maximum 20 Materials to be supplied by the City of MILTON: Gym space Additional Program Requirements: PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: 5 Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: HandcyCling Participant Ages: 18-65 Day/s of the week program is offered: 1 /wk - 8 week program Time of Program: TBD to TB D Program Dates: TBD Program Fee: $120 per person Program Enrollment: Minimum 3 Maximum 20 Materials to be supplied by participants: Gloves if desired, water bottles Materials to be supplied by PROVIDER: Handcycling chairs, maps of outlined course Materials to be supplied by the City of MILTON: Recommended cycling trail Additional Program Requirements: Free for Veterans PROVIDER ('S)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail):1lones@blazesports.org (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.• Program Rate:$_ S # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Holiday Break Sports Camp Participant Ages: 8-18 Day/s of the week program is offered: Monday - Wednesday Time of Program: 9:OOam to 12:OOpm Program Dates: December 29, 2014 to December 31, 2014 Program Fee: $100 per person Program Enrollment: Minimum 5 Maximum 25 Materials to be supplied by participants: Water bottles, snack Materials to be supplied by PROVIDER: Volleyball equipment, boccia equipment, goalball equipment, basketballs, sport chairs Materials to be supplied by Gym space Additional Program Requirements: the City of MILTON: PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): JJones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Sit Volleyball Participant Ages: 8 - 18, 19 - 25 (two age group sessions) Day/s of the week program is offered: 1 week for 8 weeks TBD Time of Program: TBD to -TBD Program Dates: TBD toTBD Program Fee: $120 for 8wk session Program Enrollment: Minimum 6 Maximum 20 Materials to be supplied by participants: Water bottles, knee pads if desired Materials to be supplied by PROVIDER: Volleyball equipment - nets, balls Materials to be supplied Gym space Additional Program Requirements: by the City of MILTON: PROVIDER ('s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Oniy.• Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Summer Camp - Sports Programming Participant Ages: 1 3-1 8 Day/s of the week program is offered: Tuesday and Thursday Time of Program: TBD toTBD Program Dates: June 3, 2014 July 26, 2014 Program F. $1200 for entire summer camp Program Enrollment: Minimum NA Maximum NA Water bottles Materials to be supplied by participants: Materials to be supplied by PROVIDER: Volleyball equipment, boccia equipment, goalball equipment, basketballs, sport chairs Materials to be supplied by the City of MILTON: Gym space Additional Program Requirements: PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.- Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest This information will be used for consideration of program proposals. Use one form per program. Name of Program: Wheelchair Tennis Participant Ages: 8-18, 19-65 Day/s of the week program is offered: Time of Program: TBD Program Dates: TBD 1/week for 8 weeks TBD r . r r . r Program F. $120.00 per person Program Enrollment: Minimum 5 Maximum 20 Materials to be supplied by participants: Water bottles, personal tennis racket if owned Materials to be supplied by PROVIDER: Tennis rackets, sport chairs, tennis balls Materials to be supplied by the City of MILTON: Tennis Courts, lighting if program is held at night Additional Program Requirements: PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT “A” PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: ______________________________________________________ Participant Ages: _______________________________________________________ Day/s of the week program is offered: _______________________________________ Time of Program: ____________________________to__________________________ Program Dates: ____________________________to___________________________ Program Fee: __________________________________________________________ Program Enrollment: Minimum _________________ Maximum____________________ Materials to be supplied by participants: ______________________________________ ______________________________________________________________________ Materials to be supplied by PROVIDER: _______________________________________ ______________________________________________________________________ Materials to be supplied by the City of MILTON: __________________________________ ______________________________________________________________________ Additional Program Requirements: _________________________________________ ______________________________________________________________________ PROVIDER (‘s)Name: _____________________________________________________ Address: ______________________________________________________________ City/State/Zip Code: _____________________________________________________ Phone Number: (Day) ______________________ (Evening) _____________________ (E-mail): ___________________________________ (Fax) ______________________ Minimum Requirements: 1,000,000 General Liability Insurance Letter(s) of Recommendation Office Use Only: Program Rate:$______ # of programs in Session: _____ Fee/Program: $__________ EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Veterans Adapted Golf Participant Ages: 18-65 Day/s of the week program is offered: 1 time per month Time of Program: 12pm to 3pm Program Dates: 4th Friday of every month to Program Fee: Free - lunch included Program Enrollment: Minimum 3 Maximum 25 Materials to be supplied by participants: Golf gloves if desired, Materials to be supplied by PROVIDER: _ Transportation to the course, golf carts, Materials to M be supplied by the City of MILTON: Additional Program Requirements: PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of program: Wheelchair Basketball Summer Camp Participant Ages: 6-18 Day/s of the week program is offered: 2 days per Week/3hrS per day Time of Program: TBD to TB D Program Dates: June 3, 2014 toAuguSt 8, 2014 Program Fee: $75 per player Program Enrollment: Minimum 5 Maximum 40 Materials to be supplied by participants: Water bottle, basketball if desired, sport chair Materials to be supplied by PROVIDER: Sport chairs, basketballs, training equipment Materials to be supplied by the City of MILTON: Basketball courts Additional Program Requirements: PROVIDER (`s)Name: BfazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jromito@bfazesports.org (1=ax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.- Program Rate:$ # of programs in Session: 5 Fee/Program: The Office of Secretary of State Securities & Charities Division Date of Notice: November 16, 2012 Mailed To: BlazeSports America, Inc. 535 North McDonough Street Decatur GA 30030-0000 Registrant's Email: Registrant # CH003493 Effective Date: 11/10/2012 Expiration Date: 11/10/2014 CHARITABLE ORGANIZATION PERMIT The Charitable Organization identified above, having complied with the filing requirements of O.C.G.A. § 43-17-5, is registered as a Charitable Organization in Georgia. Such Charity is required to maintain current information on file with the Secretary Of State. The registration is effective on the date set forth above and such registration shall expire on the expiration date set above unless all reports are filed and the registration is renewed as required by law. 237 Coliseum Drive • Macon, Georgia 31217 r (478) 207-2440 www.sos.state.ga.us Brian P. Keinp Secretary of State Entity Control No. K328547 BLAZESPORTS AMERICA, INC. 535 N. McDonough Street Decatur, Georgia 30030 STATE OF GEORGIA 2013 Corporation Annual Registration OFFICE OF THE SECRETARY OF STATE Annual Registration Filing P.O. Box 23038 Columbus, Georgia 31902-3038 Information on record as of: 2:55:42 PM Amount Due: $30.00 Amount Due AFTER April 1, 2013: $55.00 Each business entity registered or filed with the Office of Secretary of State is required to File an annual registration. Amount due for this entity is indicated above and below on the remittance form. Annual fee is S30. If amount is more thanS30 , the total reflects amount(s) due from previous year(s) and any applicable late fee(s). Renew by April 1,2013 Your Annual Registration must be postmarked by April 1,2013. If your registration and payment are not postmarked by April 1,2013, you wilt be assessed a 525.00 late filing penalty fee. For faster processing, we invite you to file your Annual Registration online with a credit card at Htip://Nvww.sos.ga.gov/comorationg/" The Corporations Division accepts Visa, MC, Discover, American Express and ATM/Debit Cards with the Visa or MC logo for online filings only. Annual Registrations not processed online require payment with a check, certified bank check or money order. We cannot accept cash for payment. You may mail your registration in by submitting the bottom portion of this remittance with a check or money order payable to "Secretary of S t a t c " . All checks must be pre printed with a complete address in order to be accepted by our offices for your filing. Absolutely, no counter or starter checks will be accepted. Failure to adhere to these guidelines will delay or possibly reject your filing. Checks that are dishonored by your bank are subject to a 530.00 NSF charge. Failure to honor your payment could result in a civil suit filed against you and/or your entity may be Administratively Dissolved by the Secretary of State. [Sec O.C.G.A. § 13-6-15 and Title 14, respectively.] Officer, address and Agent information currently of record is listed below. Please verify "county of registered office." If correct and complete, detach bottom portion, sign, and return with payment. Or, enter changes as needed and submit. Complete each line, even if the same individual serves as Chief Executive Officer, Chief Financial Officer, and Secretary of the corporation. Note: Registered Agent address must be a street address in Georgia where the agent may be served personally. A mail drop or P.O. Box does not comply with Georgia law for registered office. P.O. Boxes may be used for principal office and officers'addresses. Any person authorized by the entity to do so may sign and file registration (including online filing). Additionally, a person who signs a document submits an electronic filing he or she knows is false in any material respect with the intent that the document be delivered to the Secretary of State for filing shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished to the highest degree permissible by law. [O.C.G.A. § 14-2-129.1 Please return ONLY the original form below and applicable feels). For more information on Annual Registrations or to file online, visit Htip://wwwsos ga gov/corpomtions/ Or, call 404-656-2817. CORPORATION NAME ADDRESS CITY STATE ZIP William Scott 15410 Milan Way Naples Florida 34110 Dan Holland 16000 CHATEAU AVENUE AUSTIN Texas 78734 Dan Holland 16000 Chateau Avenue Austin Texas 78734 THE ABOVE INFORMATION HAS BEEN UPDATED TO: CORPORATION NAME ADDRESS CITY STATE ZIP BLAZESPORTS AMERICA, INC. 535 N. McDonough Street Decatur Georgia 30030 CEO: Dan Holland 16000 CHATEAU AVENUE AUSTIN Texas 78734 CFO: William Scott 15410 Milan Way Naples Florida 34110 SEC: Mara Galic 535 N. McDonough Street Decatur Georgia 30030 AGT: Galic, Mara 535 N. McDonough Street Decatur, GA 30030 Decatur Georgia 30030 I CERTIFY THAT I AM AUTHORIZED TO SIGN THIS FORM AND THAT THE INFORMATION IS TRUE AND CORRECT. P.O. BOX NOT ACCEPTABLE FOR REGISTERED AGENT'S ADDRESS COUNTY OF REGISTERED I OFFICE: Dekalb County AUTHORIZED SIGNATURE: Belinda Morris Date:3/20/2013 2:55:24 PM Total Due: T1tle:CFO Email: bmorris@blazesports.org $30.00 IS K2UI LUIS Corporation Annual Registration 135 K328547%6 0030004 BLAZESPORTSAMERICAIN8 201304016 0055004 000997 T } S Delmrtntent of the Trea.ury I L'1o.S Internal Revenue Service' P.O. Box 2508 Cincinnati OH 45201 BLAZESPORTS AMERICA INC 535 N MCDONOUGH ST DECATUR GA 30030 Employer Identification Number: Person to Contact: Toll Free Telephone Number: Dear Taxpayer: In reply refer to: 0248326132 Oct. 14, 2010 LTR 4168C E0 58-2087265 000000 00 58-2087265 John Kennedy 1-877-829-5500 00012784 BODC: TE This is in response to your Oct. 04, 2010, request for information regarding your tax-exempt status. Our records indicate that you were recognized as exempt under section 501(c)(3) of the Internal Revenue Code in a determination letter issued in March 1994. Our records also indicate that you are not a private foundation within the meaning of section 509(x) of the Code because you are described in section(s) 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www.irs.gov/eo for information regarding filing requirements. Specifically, section 6033(.0 of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of t;�e="f=i_ ing___dub_.._date required -td file. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, Michele M. Sullivan, Oper. Mgr. Accounts Management Operations I BLAZE -3 OP ID: BL CERTIFICATE OF LIABILITY INSURANCE DATE (M 02/111 1/1 YYY) /14 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 policy(ies) 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). PRODUCER 800-526-1379 Bollinger Sports & Leisure 101 JFK Parkway 973-921-2876 Short Hills, NJ 07078-5000 AJ Morgan CONTACT NAME: HONE IFAX Ext: A/C No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # GENERAL LIABILITY INSURER A: Markel Insurance Company 38970 INSURED Blaze Sports America, Inc. 535 N McDonough Street INSURER B: Decatur, GA 30030 INSURER C: INSURER D: INSURER E: 8502AH021898 INSURER F: 11/24/14 COVERAGES CERTIFICATE Nt1MRER- RFVlclnm mliuRt=R• 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. NSR IEFF LTR IDDL TYPE OF INSURANCE Suite 107A ISUBR POLICY NUMBER MM/DDY/YYYY ICY MM1DDIYYYY EXP) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 8502AH021898 11/24/13 11/24/14 A SI UHEN PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 5,00 X Incl Participants DRUG TESTING LIAB INC PERSONAL &ADV INJURY S 1,000,00 X EBL Incl GENERAL AGGREGATE $ 5,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICYF—] PRO- LOC PRODUCTS - COMP/OP AGG $ 1,000,00 Abuse/Mol S $1M/$2 AUTOMOBILE LIABILITY ECOMaBINEDtSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO 8502AH021898 11/24/13 11/24/14 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY $ (Per accident) X HIRED AUTOS NON -OWNED AUTOS rX PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,00 A EXCESS LIAB CLAIMS -MADE 4602AH021899 11/24/13 11/24/14 AGGREGATE Is 1,000,00 DED I I RETENTIONS I $ WORKERS COMPENSATION' STATU- 0TH - AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A TORY LIMITS HER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE S (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Accident Insurance 4102AH021897 11/24/13 11/24/14 Med Max: 100,00 Full Excess Ded: 25 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Coverage is provided under this policy only for sponsored/supervised activities of the named insured for which a premium has been paid. Cerificate holder is included as an additional insured. CERTIFICATE HOLDER rANCFI I ATInN CITYMIL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Suite 107A ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Parkway AUTHORIZED REPRESENTATIVE Milton, GA 30004 �. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD BLAZE -3 OP ID: BL 144c" `'"' CERTIFICATE OF LIABILITY INSURANCE DATE(M 021111!11/1YYY) 4 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 policy(ies) 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). PRODUCER 800-526-1379 Bollinger Sports & Leisure 101 JFK Parkway 973-921-2876 Short Hills, NJ 07078-5000 AJ Morgan NAME: NTACT p'CNNo Ext): aC No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # GENERAL LIABILITY INSURER A: Markel Insurance Company 38970 INSURED Blaze Sports America, Inc. 535 N McDonough Street INSURER B Decatur, GA 30030 INSURER C: INSURER D : X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR INSURER E: INSURER F: 11/24/13 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, INSR I LTR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR 8502AH021898 11/24/13 11/24/14 DAEIMA S Ea occurrence)S 100,00 MED EXP (An one person) S 5, 00 X Incl Participants DRUG TESTING LIAB INC PERSONAL &ADV INJURY $ 1,000,00 X EBL Incl. GENERAL AGGREGATE $ 5,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 1,000,00 X POLICY PRO_ RO LOC Abuse/Mol $ $1M/$2M AUTOMOBILE LIABILITY EO aBINEDtSINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ A ANY AUTO 8502AH021898 11/24/13 11/24/14 ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY Per accident S ( ) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident 5 UMBRELLA LIAB X I OCCUR EACH OCCURRENCE S 1,000,00 A EXCESS LIABCLAIMS-MADE 4602AH021899 11/24/13 11/24/14 AGGREGATE S 1,000,00 DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N I A WC STATU- OTH- TORY LIMITSI ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE S (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS below A Accident Insurance 4102AH021897 11/24/13 11/24/14 Med Max: 100,00 Full Excess TI Ded: 25 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Coverage is provided under this policy only for sponsored/supervised activities of the named insured for which a premium has been paid. Cerificate holder is included as an additional insured. CERTIFICATE HOLDER CANCELLATION CITYMIL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Suite 107A ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Parkway AUTHORIZED REPRESENTATIVE Milton, GA 30004 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD BLAZE -3 OP ID: BL CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) F 02!11!14 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 policy(ies) 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). PRODUCER 800-526-1379 Bollinger Sports & Leisure 101 JFK Parkway 973-921-2876 Short Hills, NJ 07078-5000 AJ Morgan CONTACT NAME: E FAX A/CNNo Ext): A/C No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Markel Insurance Company 38970 INSURED Blaze Sports America, Inc. 535 N McDonough Street Decatur, GA 30030 INSURER B: INSURER C : INSURER D: X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_1 OCCUR INSURER E : INSURER F: 11/24/13 COVERAGES CERTIFICATE NUMBER: REVISION NIIMRFR- 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. ILEFF TR TYPE OF INSURANCE DDL ISUBR POLICY NUMBER MM DIDY/YYYY PLIC MM DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_1 OCCUR 8502AH021898 11/24/13 11/24/14PR MA REf�EMISES Ea occurrence) $ 100,00 MED EXP (Any one person) S 5,00 X Incl Participants DRUG TESTING LIAB INC PERSONAL &ADV INJURY S 1,000,00 X EBL Incl. GENERAL AGGREGATE S 5,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,00 X POLICY D PRO- LOC Abuse/Moi $ $1 M1$2M AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 Ea accident 000,000 BODILY INJURY (Per person) $ A ANY AUTO 8502AH021898 11/24/13 11/24/14 ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accdenit UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,00 A EXCESS LIAB CLAIMS -MADE 4602AH021899 11/24/13 11/24/14 AGGREGATE $ 1,000,00 DED I RETENTIONS $ WORKERS COMPENSATION 1 WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? ❑ N / A TORY LIMIT ER EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Accident Insurance 4102AH021897 11/24/13 11/24/14 Med Max: 100,00 Full Excess Ded: 25 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Coverage is provided under this policy only for sponsored/supervised activities of the named insured for which a premium has been paid.Cerificate holder is included as an additional insured. CERTIFICATE HOLDER CANCFI_I_ATION CULTCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Fulton County Schools 786 Cleveland Ave, SW THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Atlanta, GA 30315 . AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD BUSINESS ID 3689 NO. 021460 NAICS CODE 813319 2014 DATE ISSUED JAN 23, 2014 City of Decatur P.O. BOX 220 DECATUR, GA 30031 cft Ct atUr (404)370-4100 EXPIRATION DATE DEC 31, 2014 NOTIFY THIS OFFICE OF ANY CHANGES IN LOCATION OR OWNERSHIP Other Social Advocacy Organizations TYPE OF BUSINESS MAILING ADDRESS BLAZESPORTS AMERICA, INC 535 NORTH MCDONOUGH ST DECATUR GA 30030 THE ABOVE NAMED CONCERN IS AUTHORIZED TO DO BUSINESS IN THE CITY OF DECATi City of Decatur P.O. BOX 220 DECATUR, GA 30031 CitY'W� (404) 370-4100 BLAZESPORTS AMERICA, INC 535 NORTH MCDONOUGH ST DECATUR GA 30030 AUTHORIZED SIGNATURE BUSINESS ADDRESS BLAZESPORTS AMERICA, INC 535 NORTH MCDONOUGH ST Decatur, GA. 30030 HOME OF ' �I J FSTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 4, 2014 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Wacky Schoolers, Inc. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: )0, YES () NO CITY ATTORNEY REVIEW REQUIRED: k(YES () NO APPROVAL BY CITY ATTORNEY $ APPROVED PLACED ON AGENDA FOR: p L4 14t4 REMARKS () NOT APPROVED R4 PHONE: 678.242.25001 FAX: 678.242.2499 �aceiw�en Green� *CiCertified* ty ' info@cityofmiltonga.us tYIXMEO Community www.cityofmiltonga.us � Ethi°f cs 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 4, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Wacky Schoolers, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Wacky Schoolers, Inc. Executive Summary: Wacky Schoolers is a new performing arts program we wish to start in the City. This program reinforces good values and morals through class sessions and musical stories. Children from K thru 5th grade will learn songs and story lines and will be physically active as they learn character building skills. Funding and Fiscal Impact: The class pricing will vary based upon the class offered and the duration of the class. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to continue our research to find another youth arts program provider. Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis, March 5, 2013 (Contract Template) Concurrent Review: Chris Lagerbloom Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Wacky Schoolers, Inc. HOME OF `THE BEST QUALITY C ' MILTON 111N ESTABLISHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2014, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY." and WACKY SCHOOLERS, INC. hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as Performing Arts Classes at the following locations: Bethwell Community Center, 2695 Hopewell Road, Milton GA 30004; Hopewell Middle School, 13060 Cogburn Road, Milton, GA 30004; Northwestern Middle School, 12805 Birmingham Hwy, Milton GA 30004; Cogburn Woods Elementary School, 13080 Cogburn Road, Milton GA 30004; Birmingham Falls Elementary School, 14865 Birmingham Hwy, Milton GA 30004. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department or his designee, hereinafter referred to as the "DEPARTMENT", will agree upon program schedules. PROVIDER agrees to submit a Program Request Form to the Coordinator for each program being proposed eight (8) weeks prior to the beginning of each session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. YOU In PHONE: 678.242.25001 FAX: 678.242.24990 `"G re e n tifZ T°a,too infoftityofmiltonga.us I www.cityofmiltonga.us WI Community 3�aEchi' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'a` Document 1.5 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 1.6 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.7 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.8 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 1.9 The PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. The PROVIDER may not use said facilities to conduct personal business including workshops, clinics, seminars, camps, or any other activities that are outside the scope of service described in (Exhibit "A"). It is further understood that such action(s) may result in immediate termination of the Agreement and the forfeiture of all compensation due to the PROVIDER. 1.10 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have rirst Priority for use of CITY facilities, notwithstanding any other Provisions of this Agreement 1.11 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.12 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. Document 1. 13 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.14 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations and procedures, as well as those of the FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 1.15 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.16 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit `B") for all the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.17 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. ARTICLE 2.0 Equipment & Materials 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, Document PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of goal posts with the principal of the school located at the facility. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs. Fundraising activities conducted by the PROVIDER will not be permitted. The PROVIDER shall obtain the CITY's approval of any merchandise to be sold prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be canceled and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the releases and indemnities contained herein and of the PROVIDER's services in connection with the programs and activities described herein, the CITY shall be entitled to 30% of the registration fees paid by all program participants to the PROVIDER, and the PROVIDER shall be entitled to 70% of such fees paid, exclusive of the 50% non-resident surcharge. The 50% non-resident surcharge is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to Document PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to collect all fees from participants, and the PROVIDER agrees to provide CITY with schedules of fees to be charged to participants in conformance with Exhibit "A". It is agreed that the PROVIDER's sole obligation shall be to collect the fees from the participants and to remit the 30% of the fees collected as well as all 50% non-resident surcharge amounts to the CITY with a pay -out report of all monies collected. Payment will be made to the CITY within fourteen (14) business days of the end of each month or session or program, whichever occurs first. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. ARTICLE 5.0 Independent PROVIDER 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. Document ARTICLE 6.0 Insurance 6.1 PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit — each occurrence $2,000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: Document A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption along with a written request for CITY to exempt PROVIDER, written on PROVIDER or subcontractor's letterhead. 6.6 PROVIDER shall also maintain Auto Liability and Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 6.7 The CITY and the Fulton County Board of Education shall each be named as an additional insured and loss payee on all policies required by this Agreement. ARTICLE 7.0 Term and Termination 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated and execution or termination of the contract will be determined by the DEPARTMENT. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect for a period of one (1) year from the date of execution of this Agreement by the CITY, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond the one (1) year term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 This Agreement may be terminated by the CITY for convenience upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein at the sole and exclusive discretion of the CITY. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. Document 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs, in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. ARTICLE 8.0 Indemnification 8.1 PROVIDER agrees to indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, their trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY, the FULTON COUNTY BOARD OF EDUCATION, or any third party arising out of, or by reason of, or resulting from the will full or negligent acts, errors, or omissions of the PROVIDER or its agents, officers, volunteers or employees. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans With Disabilities Act 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 9.3 PROVIDER in accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Provider agrees that, during performance of this Agreement, Provider, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Provider agrees to comply with all applicable implementing Document regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. ARTICLE 10.0 Miscellaneous 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. 10.2 This Agreement is non -transferable or assignable, and PROVIDER agrees not to transfer or assign the performance of services called for in the Agreement. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. Document IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST: SUDIE GORDON, CITY CLERK W ESS: C Wt CITY• BY: JOE LOCKWOOD, MAYOR PROVIDER: BY: ARTHUR DAVIS, PRESIDENT [AFFIX CORPORATE SEAL] EXHIBIT "A" PROGRAM REQUEST FORM Name of Program: Wacky Kids Productions performing art classes Participant Ages: 6-12yrs Day/s of the week program is offered: One day per week per school Time of Program: 2:35pm to 3:35pm Program Dates: March 2014 to June 2014 Program Fee: $215 for the whole program Program Enrollment: Minimum- 5 Maximum -30 Materials to be supplied by participants: A program fee of $30 may be required only if we host a recital finale towards the end of the program. Materials to be supplied by PROVIDER: N/A Materials to be supplied by the City of MILTON: N/A Additional Program Requirements: N/A PROVIDER (`s)Name: Arthur & Shanda Davis Address: 2302 Bristol PI City/State/Zip Code: Alpharetta, GA 30022 Phone Number: (Day) 770-906-8372 (Evening) Same (E-mail): wackyschoolers@gmail.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Name of Program: Wacky Schooler character shows Participant Ages: primarily for grades 1 thru 4 Day/s of the week program is offered: any Time of Program: Open Availability Program Dates: Ongoing to Ongoing Program Fee: $10 per child for in-house field trip at facility Program Enrollment: n/a Materials to be supplied by participants: n/a Materials to be supplied by PROVIDER: N/A Materials to be supplied by the City of MILTON: N/A Additional Program Requirements: N/A PROVIDER (`s)Name: Arthur & Shanda Davis Address: 2302 Bristol PI City/State/Zip Code: Alpharetta, GA 30022 Phone Number: (Day) 770-906-8372 (Evening) Same (E-mail): wackyschoolers@gmail.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.• Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Name of Program: Lyrical dance class/hip hop Participant Ages: 6-12 yrs Day/s of the week program is offered: one day per week Time of Program: 5pm to 6pm Program Dates: April to June (12 week program) Program Fee: $175 for program Program Enrollment: Minimum 5 Maximum 30 Materials to be supplied by participants: Girls- leotards boys -jogging pants/t shirts Materials to be supplied by PROVIDER: N/A Materials to be supplied by the City of MILTON: N/A Additional Program Requirements: registration fee of $10.00 PROVIDER (`s)Name: Arthur & Shanda Davis Address: 2302 Bristol PI City/State/Zip Code: Alpharetta, GA 30022 Phone Number: (Day) 770-906-8372 (Evening) Same (E-mail): wackyschoolers@gmail.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only.• Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Name of Program: Puppetry Classes Participant Ages: 6-12 yrs Day/s of the week program is offered: one day per week Time of Program: 5pm to bpm Program Dates: Open to discuss Program Fee: $175 for program Program Enrollment: Minimum 5 Maximum 30 Materials to be supplied by participants: Hand/Sock puppets Materials to be supplied by PROVIDER: N/A Materials to be supplied by the City of MILTON: N/A Additional Program Requirements: registration fee of $10.00 PROVIDER (`s)Name: Arthur & Shanda Davis Address: 2 302 Bristol PI City/State/Zip Code: Alpharetta, GA 30022 Phone Number: (Day) 770-906-8372 (Evening) Same (E-mail): wackyschoolers@gmail.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only,• Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Name of Program: Creative writing -rap -theater Participant Ages: 11yrs-14yrs Day/s of the week program is offered: one day per week Time of Program: 5pm to 6pm Program Dates: Open to discuss Program Fee: $175 for program Program Enrollment: Minimum 5 Maximum 30 Materials to be supplied by participants: n/a Materials to be supplied by PROVIDER: paper, pencils and music Materials to be supplied by the City of MILTON: N/A Additional Program Requirements: registration fee of $10.00 PROVIDER (`s)Name: Arthur & Shanda Davis Address: 2302 Bristol PI City/State/Zip Code: Alpharetta, GA 30022 Phone Number: (Day) 770-906-8372 (Evening) Same (E-mail): wackyschoolers@gmaii.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Name of Program: Music, Theater & Dance Explosion Camp (Summer Camp) Participant Ages: 6yrs to 12yrs Day/s of the week program is offered: Mon- Fri (for June & July for one each) Time of Program: 9am to 2pm Program Dates: June(one week) to July (one week) Program Fee: $175 for program Program Enrollment: Minimum 5 Maximum 30 Materials to be supplied by participants: n/a Materials to be supplied by PROVIDER: arts & craft materials, colored markers, paper & poster board Materials to be supplied by the City of MILTON: N/A Additional Program Requirements: registration fee of $15.00 PROVIDER (`s)Name: Arthur & Shanda Davis Address: 2302 Bristol PI City/State/Zip Code: Alpharetta, GA 30022 Phone Number: (Day) 770-906-8372 (Evening) Same (E-mail): wackyschoolers@gmail.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: Fee/Program: Control No.: 13462412 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower #2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 CERTIFICATE OF INCORPORATION I, Brian P. Kemp, The Secretary of State and the Corporation Commissioner of the State of Georgia, hereby certify under the seal of my office that Wacky Schoolers Inc. a Domestic For -Profit Corporation is hereby issued a CERTIFICATE OF INCORPORATION under the laws of the State of Georgia on September 10, 2013 by the filing of all documents in the Office of the Secretary of State and by the paying of all fees as provided by Title 14 of the Official Code of Georgia Annotated. 00 Tracking #: zVlvj7h2 WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on November 06, 2013 3 • s kommo Brian P. Kemp Secretary of State r INTERML REVEMIE 'jMT"j;j P. 0. BOX 2508 CMNCTJMTI, OH 45201 ry'de W -'j ZAi V: u, TA"TIO Dear Applicant: Employer Identification Number: 38-3660853 DTA: 309181028 Contact Person.- TP-Z.Cr P DOREMM78 ID# 31330 Contact Telephone Number: (877) 829-5500 Accounting period Ending: December 31 - public charity Status: 170 (b) (1) (A) (vi) Form 990 Required: Yes Effective Dateof Exemption: August 8, 2008 Coutrjbutjcm Deduct-ibIli ty Yes Addendum Applies: NO we are pleased to inform you that upon review of your application for Lax exempt status we have determined that you are exempt from Federal Income tax under section 501(c)(3) of the -Tuternal Revenue Code. Contributions to you are deductible under section 3.70 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. organizations exempt-imader section 501(c)(3) of the code are further classified as either public charities or private foundations- We determined that You are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221 -PC, Compliance Guide for 501(C)(3) Public Charities, for some helpful information about your respOinsibilities as an exempt organization. Letter 947 (DO/CG) ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/28/2013 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 policy(ies) 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). PRODUCER CONTACT Mass MerchandisingUnderwriting NAME: g K&K Insurance Group, Inc. 1712 Magnavox Way Fort Wayne IN 46804 PHONE: A/C No. Ext 1-800-328-2317 FAX: (AIC, No): 1-260-459-5502 E-MAIL info@eventinsurance-kk.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 6BRPG0000005402800 INSURER A: Nationwide Mutual Insurance Company 23787 INSURED INSURER B: Arthur Davis INSURER C: DBA: The Wacky Schoolers Inc INSURERD: 2302 Bristol PI INSURER E: Alpharetta, GA 30022 A Member of the Sports, Leisure & Entertainment RPG INSURER F: COVERAGES CERTIFICATE NUMBER: W00362494 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 LT TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF MM/DD/YY POLICY EXP MM/DD/YY LIMITS A GENERAL LIABILITY X 6BRPG0000005402800 08/16/2013 08/16/2014 EACH OCCURRENCE $1,000,00 X COMMERCIAL GENERAL LIABILITY 2:31 PM EDT 12:01 AM DAMAGE TO RENTED $300,000 PREMISES Ea occurrence CLAIMS-MADErX--]OCCUR M ED EXP (Any one person) $5,000 PERSONAL & ADV INJURY GENERAL AGGREGATE $5,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT F7LOC PRODUCTS-COMP/OPAGG $1,000,00 PROFESSIONAL LIABILITY LEGAL LIAB TO PARTICIPANTS $1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea Accident BODILY INJURY (Per person) ANY AUTO ALL OWNED AUTOS SCHEDULEDUTOS BODILY INJURY (Per accident) HIREDAUTOS NON -OWNED L_JAUTOS PROPERTYDAMAGE Per accident Not provided while in Hawaii UMBRELLA LIAR JOCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS -MADE DED MRETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC STATU- OTHER TORY LIMITS ANY PROPRIETORSHIP/PARTNER/ � EXECUTIVE OFFICER/MEMBER EXCLUDED. N / A E.L. EACH ACCIDENT E.L. DISEASE—EA EMPLOYEE (Mandatory in NH) If yes, describe under E.L. DISEASE — POLICY LIMIT DESCRIPTION OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS 6BRPG0000005402800 08/16/2013 08/16/2014 PRIMARY MEDICAL $5,000 EXCESS MEDICAL 2:31 PM EDT 12:01 AM DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Performing as Puppeteer The certificate holder is added as an additional insured, but only with respect to the liability arising out of the operations of the insured named above. (;EK 111-IGA 1 t HULUtK GANGtLLA I IUN City of Milton Parks and Recreation, Tom Gilliam SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 13000 Deerfield Pkwy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Milton, GA 30004 WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE '�'�i i�-✓�...-tom (Owner/Lessor of Premises) Coverage is only extended to U.S. events and activities. " NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION. All rights reserved. ACORDTM CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY) 03/26/2014 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 policy(ies) 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). PRODUCER CONTACT Mass MerchandisingUnderwriting NAME: g K&K Insurance Group, Inc. 1712 Magnavox Way Fort Wayne IN 46804 PHONE: 1-800-328-2317 FAX: (A/C, No): 1-260-459-5502 AIC Ext E-MAIL): -MAILIL info@eventinsurance-kk.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Nationwide Mutual Insurance Company 23787 08/16/2013 INSURED INSURER B: Arthur Davis INSURER C: DBA: The Wacky Schoolers Inc INSURER D: 2302 Bristol PI INSURER E: Alpharetta, GA 30022 A Member of the Sports, Leisure & Entertainment RPG 1INSURER F: COVERAGES CERTIFICATE NUMBER: W00439643 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YY POLICY EXP MM/DD/YY LIMITS A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000005402800 08/16/2013 08/16/2014 EACH OCCURRENCE $1,000,00 CLAIMS -MADE X OCCUR 2:31 PM EDT 12:01 AM DAMAGE TO RENTED 300,000 PREMISES Ea occurrence)$ MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'; AGGREGATE LIMIT APPLIES PER: $5,000,000 POLICY ❑ PRO- ❑LOC PRODUCTS-COMPIOPAGG $1,000,00 PROFESSIONAL LIABILITY OTHER. LEGAL LIAB TO PARTICIPANTS $1,000,00 AUTOMOBILE LIABILITY CEa AccidentOMBINED SINGLE LIMIT BODILY INJURY (Per person) ANY AUTO SCHEDULED SCHED ALL OWNED AUTOS CHER UTOS BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident HIRED AUTOS NON -OWNED UTOS Not provided while in Hawaii UMBRELLA LIAB JOCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS -MADE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTHER STATUTE_ ANY PROPRIETORSHIP/PARTNER/ F] EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT E.L. DISEASE — EA EMPLOYEE (Mandatory in NH) If yes, describe under E.L. DISEASE — POLICY LIMIT DESCRIPTION OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS 6BRPG0000005402800 08/16/2013 08/16/2014 1PRIMARY MEDICAL $5,000 I EXCESS MEDICAL 2:31 PM EDT 12:01 AM DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Performing as Puppeteer The certificate holder is added as an additional insured, but only for liability caused, in whole or in part, by the acts or omissions of the named insured. CERTIFICATE HOLDER CANCELLATION Fulton County Schools SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 13000 Deerfield Pky, Suite 107A THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Milton, GA 30004 WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Owner/Lessor of Premises) %amu Coverage is only extended to U.S. events and activities. "` NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. No Text HOME OF .,f ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 4, 2014 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and NFL Youth Football League, Inc. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: )_APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0414/4 REMARKS (# 4 ©�Youn -Green `V *Cenified* PHONE: 678.242.2500 1 FAX: 678.242.2499"wEiwwu ° cityur • .,,r-•.. info@ci ofmilton a.us www.cityofmllItonga.us Community t, Ehi�f %►-`"`31 tY 9 � tYJ �...,.�. , 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 4, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and NFL Youth Football League, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and NFL Youth Football League, Inc. Executive Summary: NFL Youth Football League is a new sports program we wish to start in the City. This program will offer flag football and a variety of football related camps and programs. Program participants will learn confidence, responsibility, self-discipline as well as the fundamentals of the game through positive role models teaching the sport. The emphasis will be on learning, playing and enjoying the sport of football. Funding and Fiscal Impact: The class pricing will vary based upon the class offered and the duration of the class. This contract offers a 10% commission on registration to the City. Alternatives: If this contract is not approved, we will have to continue our research to find another youth arts program provider. Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis, March 5, 2013 (Contract Template) Concurrent Review: Chris Lagerbloom Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and NFL Youth Football League, Inc. HOME OF ` M1 LTON ESTABLISHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2014, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY." and NFL YOUTH FOOTBALL LEAGUE, INC. hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as Youth Football Leagues & Camps at the following locations: Hopewell Middle School, 13060 Cogburn Road, Milton, GA 30004; Northwestern Middle School, 12805 Birmingham Hwy, Milton GA 30004; Cogburn Woods Elementary School, 13080 Cogburn Road, Milton GA 30004; Birmingham Falls Elementary School, 14865 Birmingham Hwy, Milton GA 30004; Bell Memorial Park, 15245 Bell Road, Milton GA 30004. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department or his designee, hereinafter referred to as the "DEPARTMENT", will agree upon program schedules. PROVIDER agrees to submit a Program Request Form to the Coordinator for each program being proposed four (4) weeks prior to the beginning of each session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. © 10 Your *** PHONE: 678.242.25001 FAX: 678.242.2499 Green Z' *ce«irl�d 1CILDLIFf: sh;�s info@cityofmiltonga.us I www.cifyofmiltonga.us Community � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Document 1.5 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 1.6 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.7 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.8 The DEPARTMENT must review for approval any promotional material, flyers, and posters advertising the programs prior to its release. The approval process shall be completed within two (2) calendar weeks of submission to the CITY. The following content and topics shall specifically be prohibited. sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 1.9 The PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. The PROVIDER may not use said facilities to conduct personal business including workshops, clinics, seminars, camps, or any other activities that are outside the scope of service described in (Exhibit "A"). It is further understood that such action(s) may result in immediate termination of the Agreement and the forfeiture of all compensation due to the PROVIDER. 1.10 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have r1rst priority for use of CITYfacilities, notwithstanding any other provisions of this Agreement 1.11 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.12 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. Document 1. 13 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.14 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations and procedures, as well as those of the FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 1.15 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.16 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B") for all the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.17 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. Document ARTICLE 2.0 Equipment & Materials 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of goal posts with the principal of the school located at the facility. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs. Fundraising activities conducted by the PROVIDER may be permitted upon prior review and approval by the Department Director or designee. The PROVIDER shall obtain the CITY's approval of any merchandise to be sold prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be canceled and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the releases and indemnities contained herein and of the PROVIDER's services in connection with the programs and activities described herein, the CITY shall be entitled to 10% of the registration fees paid by all program participants Document to the PROVIDER, and the PROVIDER shall be entitled to 90% of such fees paid, exclusive of the 50% non-resident surcharge. The 50% non-resident surcharge is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to collect all fees from participants, and the PROVIDER agrees to provide CITY with schedules of fees to be charged to participants in conformance with Exhibit "A". It is agreed that the PROVIDER's sole obligation shall be to collect the fees from the participants and to remit the 10% of the fees collected as well as all 50% non-resident surcharge amounts to the CITY with a pay -out report of all monies collected. Payment will be made to the CITY within fourteen (14) business days of the end of each month or session or program, whichever occurs first. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. ARTICLE 5.0 Independent PROVIDER 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. Document ARTICLE 6.0 Insurance 6.1 PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit — each occurrence $2,000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: Document A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption along with a written request for CITY to exempt PROVIDER, written on PROVIDER or subcontractor's letterhead. 6.6 PROVIDER shall also maintain Auto Liability and Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 6.7 The CITY and the Fulton County Board of Education shall each be named as an additional insured and loss payee on all policies required by this Agreement. ARTICLE 7.0 Term and Termination 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated and execution or termination of the contract will be determined by the DEPARTMENT. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect for a period of one (1) year from the date of execution of this Agreement by the CITY, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond the one (1) year term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 This Agreement may be terminated by the CITY for convenience upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein at the sole and exclusive discretion of the CITY. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs, in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. Document ARTICLE 8.0 Indemnification 8.1 PROVIDER agrees to indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, their trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY, the FULTON COUNTY BOARD OF EDUCATION, or any third party arising out of, or by reason of, or resulting from the will full or negligent acts, errors, or omissions of the PROVIDER or its agents, officers, volunteers or employees. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans With Disabilities Act 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 9.3 PROVIDER in accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Provider agrees that, during performance of this Agreement, Provider, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Provider agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. Document ARTICLE 10.0 Miscellaneous 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. 10.2 This Agreement is non -transferable or assignable, and PROVIDER agrees not to transfer or assign the performance of services called for in the Agreement. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. Document IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST: SUDIE GORDON, CITY CLERK WI SS: el CITY: BY: JOE LOCKWOOD, MAYOR PROVIDER: BY: `'~-- TIM LE TER, PRESIDENT [AFFIX CORPORATE SEAL] EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Play 60 Summer Camp Participant Ages: 5-13 years of age Day/s of the week program is offered Monday- Friday Time of Program: 9:00-12:30 Program Dates: June 2-6 and June 9-13 Program Fee: $245.00 Program Enrollment: Minimum 5 Maximum 150 Materials to be supplied by participants: Cleats, Mouth Guard, Hydration, Snacks Materials to be supplied by PROVIDER: Camp T -Shirt Materials to be supplied by the City of MILTON: Facility & Marketing Additional Program Requirements: PROVIDER (`s)Name: NFL Play 60 Youth Football League Address: 1160 Bream Drive Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) (E-mail): drivingthebus34@gmaii.com (Fax) 770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. Program Rate:$ ## of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Spring NFL -Tackle Training Participant Ages: 7-9 years of age Day/s of the week program is offered Sundays Time of Program: 3:00-5:00 Program Dates: March 23 -May 18th Program Fee: $225.00 Program Enrollment: Minimum 5 Maximum 30 Materials to be supplied by participants: Cleats, Mouth Guard, Hydration, Helmets, Shoulder Pads Materials to be supplied by PROVIDER: Jersey Materials to be supplied by the City of MILTON: Facility & Marketing Additional Program Requirements: PROVIDER (`s)Name: NFL Play 60 Youth Football League Address: 1160 Bream Drive Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) (E-mail): drivingthebus34@gmail.com (Fax) 770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Onty,, Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Spring NFL -Play 60 Youth Football League Participant Ages: 4-13 years of age Day/s of the week program is offered Sundays Time of Program: 3:00-5:00 Program Dates: March 23 -May 18th Program Fee: $225.00 Program Enrollment: Minimum 5 Maximum 75 Materials to be supplied by participants: Cleats, Mouth Guard, Hydration Materials to be supplied by PROVIDER: Jersey Materials to be supplied by the City of MILTON: Facility, Marketing Additional Program Requirements: PROVIDER (`s)Name: NFL Play 60 Youth Football League Address: 1160 Bream Drive Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) (E-mail): drivingthebus34@gmail.com (Fax) 770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Winter Speed and Agility Participant Ages: 5-13 years of age Day/s of the week program is offered Sundays Time of Program: 3:00-5:00 Program Dates: December 13th -March 6th Program Fee: $225.00 Program Enrollment: Minimum 5 Maximum 50 Materials to be supplied by participants: Running Shoes Materials to be supplied by PROVIDER: Jersey Materials to be supplied by the City of MILTON: Facility & Marketing Additional Program Requirements: PROVIDER (`s)Name: NFL Play 60 Youth Football League Address: 1160 Bream Drive Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) (E-mail): drivingthebus34@gmail.com (Fax) 770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Oifce Use Only.• Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Punt Pass and Kick Participant Ages: 5-13 years of age Day/s of the week program is offered Sunday Time of Program: 3:00-5:00 Program Dates: November 3,10, 17 Program Fee: $125.00 Program Enrollment: Minimum 5 Maximum 50 Materials to be supplied by participants: Cleats, Mouth Guard, Hydration, Materials to be supplied by PROVIDER: Balls, Materials to be supplied by the City of MILTON: Facility & Marketing Additional Program Requirements: PROVIDER {`s)Name: NFL Play 60 Youth Football League Address: 1160 Bream Drive Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) (E-mail): drivingthebus34@gmail.com (Fax) 770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Junior Track and Field Participant Ages: 5-13 years of age Day/s of the week program is offered Tuesday/Thursday Time of Program: 6:00-8:00 Program Dates: July7,10 14,17 Track Meet 19'h July 21, 24 Track Meet July 26 Program Fee: $275.00 Program Enrollment: Minimum 5 Maximum 45 Materials to be supplied by participants: Running Shoes, Shorts Materials to be supplied by PROVIDER: Track Shirt Materials to be supplied by the City of MILTON: Facility & Marketing Additional Program Requirements: PROVIDER (`s)Name: NFL Play 60 Youth Football League Address: 1160 Bream Drive Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) (E-mail): drivingthebus34@gmail.com (Fax) 770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: Pee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will Be used for consideration of program proposals. Use one form per program. Name of Program: Fall Tackle Football Competitive Travel League Participant Ages: 7-9 years of age Day/s of the week program is offered Monday/Wednesday Practice Saturday Games Time of Program: 4:30-6:00 Program Dates: July 24 -November 8th Program Fee: $300.00/ $130.00 for Uniform Program Enrollment: Minimum 5 Maximum 30 Materials to be supplied by participants: Cleats, Mouth Guard, Helmet, Pads Hydration Materials to be supplied by PROVIDER: Practice Jersey Materials to be supplied by the City of MILTON: Facility & Marketing Additional Program Requirements: PROVIDER (`s)Name: NFL Play 60 Youth Football League Address: 1160 Bream Drive Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) (E-mail): drivingthebus34@gmail.com (Fax) 770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only.- Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Fall Flag Football Competitive Travel League Participant Ages: 5-18 years of age Dayls of the week program is offered Thursday Practice Saturday Games Time of Program: 4:30-6:00 Program Dates: July 24 -November 8th Program Fee: $225.00 Program Enrollment: Minimum 15 per team Maximum 25 per team Minimum 3 teams per age group Maximum 5 teams per age group Materials to be supplied by participants: Cleats, Mouth Guard, Hydration Materials to be supplied by PROVIDER: Jersey and Flags Materials to be supplied by the City of MILTON: Facility, Marketing Additional Program Requirements: PROVIDER (`s)Name: NFL Play 60 Youth Football League Address: 1160 Bream Drive Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) (E-mail): drivingthebus34@gmaii.com (Fax) 770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only.• Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: NFL Combine Participant Ages: 7-10 years of age Dayls of the week program is offered Sunday Time of Program: 3:00-5:00 Program Dates: March 16th Program Fee: $Free Program Enrollment: Minimum 5 Maximum 150 Materials to be supplied by participants: Cleats, Mouth Guard, Materials to be supplied by PROVIDER: Riddell Helmet Fitting on Premises Materials to be supplied by the City of MILTON: Facility & Marketing Additional Program Requirements: PROVIDER (`s)Name: NFL Play 60 Youth Football League_ Address: 1160 Bream Drive Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) (E-mail): drivingthebus34@gmail.com (Fax) 770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Play 60 Summer Camp Participant Ages: 5-13 years of age Day/s of the week program is offered Monday- Friday Time of Program: 9:00-12:00 Program Dates: June 2-6 and June 9-13 Program Fee: $245.00 Program Enrollment: Minimum 15 Maximum 150 Materials to be supplied by participants: Cleats, Mouth Guard, Hydration, Snacks Materials to be supplied by PROVIDER: Camp T -Shirt Materials to be supplied by the City of MILTON: Facility, Marketing Additional Program Requirements: guest appearance Jerome "The BUS" Bettis Pittsburgh Steelers and Mike Peterson from Atlanta Falcons. PROVIDER (`s) Name: NFL Play 60 Youth Football League_ Address: 1160 Bream Drive Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) (E-mail): drivingthebus34@gmail.com (Fax) 770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per proqram. Name of Program: Cheerleading Participant Ages: Grades 3rd -6th Day/s of the week program is offered Monday Wednesday or Thursday Practice Saturday Games (Minimum practice 2x a week Time of Program: 4:30-6:00 Program Dates: July 24 -November 8th Program Fee: $300.00 plus 100.00 Uniform fee Program Enrollment: Minimum 15 Maximum 30 Materials to be supplied by participants: Materials to be supplied by PROVIDER: Materials to be supplied by the City of MILTON: Facility, Marketing Additional Program Requirements: PROVIDER (`s)Name: NFL Play 60 Youth Football League Address: 1160 Bream Drive Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) (E-mail): drivingthebus34@gmail.com (Fax) 770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: Fee/Program: Control No.: 14010744 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower #2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 CERTIFICATE OF AUTHORITY I, Brian P. Kemp, The Secretary of State and the Corporation Commissioner of the State of Georgia, hereby certify under the seal of my office that NFL Youth Footbal League, Inc. a Foreign Non -Profit Corporation has been duly formed under the laws of Georgia and has filed an application meeting the requirements of Georgia law to transact business as a foreign Non -Profit Corporation in this state. WHEREFORE, by the authority vested in me as the Secretary of State, the above Non -Profit Corporation is hereby granted, on January 28, 2014, a certificate of authority to transact business in the State of Georgia as provided by Title 14 of the Oficial Code of Georgia Annotated. Attached hereto is a true and correct copy of said application. Tracking #: gj8YZc4j WITNESS my hand and offical seal in the City of Atlanta and the State of Georgia on February 04, 2014 3 1*6 , 4ewmo Brian P. Kemp Secretary of State + [+ i]apxrnueutit of the Treasury 1 S tureens' evenue Sonice P.O. Box 2508, Room 4010 Cincinnati ON 45201 In reply refer to: 4077552417 May 17, 2013 LTR 4168C 0 65-1027546 000000 00 00038103 BODC: TE NFL YOUTH FOOTBALL LEAGUE INC 7 TIMOTHY LESTER 1160 BREAM DR �? ALPHARETTA GA 30004-4411 kv 014657 Employer Identification Number: 65-1027546 Person to Contact: Dee Anna Jarmon Toll Free Telephone Number: 1-877-829-55.00 Dear Taxpayer: This is in response to your Apr. 30, 2013, request for information regarding your tax-exempt status. Our records indicate that you were recognized as exempt under section 501(c)(3) of the Internal Revenue Code in a determination letter issued in October 2001. Our records also indicate that you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to You as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www.irs.gov/eo for information regarding filing requirements. Specifically, section 6033(j) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file. We will publish a list of organizations whose tax-exempt status was revoked under section 6033(7) of the Code on our website beginning in early 2011. NFLNE-1 OP ID: JMJ CERTIFICATE OF LIABILITY INSURANCE DATE(M CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, 02/225/5/1YYYY) 14 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 policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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). PRODUCER Altus Specialty Group InterContinental Ins Solutions 176 Federal Street Suite 726 Boston, MA 02110 CONTACT PHONE FAX 1C No Ext A1C No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC 9 Christopher M Price INSURERA:Philadelphia Insurance Com INSURED NFL -New Found Life 1600 Beam Dr INSURER B: INSURER C: Milton, GA 30004 INSURER 0: INSURER E PHPK1064384 INSURER F: 07/26/14 GUVEHAUEN f-FRTIFICGTF NI IMRFR- WCt/ICin At RTI IaAQCo. 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL R POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP IMAM YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR PHPK1064384 07126/13 07/26/14 DAMAGE TO PREMISES Ea occurrencNItoe $ 100,00 MED EXP (Any one person) S PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE S 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER, PRODUCTS - COMP/OP AGG $ 1,000,00 POLICY f7 PJECTRI LOC S AUTOMOBILE LIABILITY ECOMBINED MBINEDtSINGLE LIMIT $ BODILY INJURY (Per person) S ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident)$ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per acckient $ $ UMBRELLA LIAB HOCCUR I EACH OCCURRENCE_ $ ^ EXCESS LIAR CLAIMS -MADE AGGREGATE $ DED I I RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' DABILITY y I N ANY PROPRIETORIPARTNEPJEXECUTIVE OFFICERIMEMBER EXCLUDED? El N / A Y1l R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under I E.L. DISEASE - POLICY DMIT S DESCRIPTION OF OPERATIONS below I El: DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The certificate holder is added as an additional insured with respect to general liability coverage but only with respect to liability arising out of operations of the named insured's league. Sexual Abuse/Molestation limits are as follows: $1,000,000 EACH OCCURRENCE/ $1,000,000 AGGREGATE _CRI Irl4/ i c nvs_UCR \.AIN%,=LLA 1 IUIN CITY OF MILTON 13000 DEERFIELD PARKWAY SUITE 107 MILTON, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Christopher M Price ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD NFLNE-1 OP ID: JMJ CERTIFICATE OF LIABILITY INSURANCE DATE (M TYPE OFINSURANCE 02!225!15/1YYY) 4 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 policy(ies) 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). PRODUCER Altus Specialty Group InterContinental Ins Solutions 175 Federal Street Suite 725 Boston, MA 02110 CONTACT NAME: PHONE Etl: p/C No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC q Christopher M Price INSURER A;Philadelphia Insurance Com INSURED NFL- New Found Life 1600 Beam Dr INSURER 6: INSURER C: Milton, GA 30004 INSURER D; PHPK1054384 INSURER E: 07/26(14 INSURER F: MED EXP (Any one person) $ GUVtIKAGtS (.FRTIFiCnTF NI IMRFR• ocvrern►r eu raa000. 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. 1�7R TYPE OFINSURANCE DL SUBRI POLICYNUMBER MM/DDY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR PHPK1054384 07/26/13 07/26(14 DAMAGE I PREMISES IE0 crL:Nlurren'e 5 100,00 MED EXP (Any one person) $ _ PERSONAL 8 ADV INJURY 5 1,000,00 GENERAL AGGREGATE 3 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n PA _TRO- LOC PRODUCTS - COMP/OP AGG $ 1,000,00 S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) s ANY AUTO AUL OS SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident 3 S UMBRELLA LIAR OCCUR EACH OCCURRENCE 3 EXCESS LIAB CLAIMS -MADE i AGGREGATE 3 DED RETENTION 3 13 WORKERS COMPENSATION WC S7A7U- OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNEWEXECUTIVE OFFICER/MEMBER ECCLUC ❑ N / A IER E.L. EACH ACCIDENT S EE.L.DISEASE- EA EMPLOYEE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT I 3 DESCRIPTION OF OPERATIONS below I �T T DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The certificate holder is added as an additional insured with respect to general liability coverage but only with respect to liability arising out of operations of the named insured's league. Sexual Abuse/Molestation limits are as follows: $1,000,000 EACH OCCURRENCE/ $1,000,000 AGGREGATE GtHI It -LCA IF HUN UFR ( AMCGt 1 ATIAI\I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE FULTON COUNTY SCHOOLS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Christopher M Price ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD r57AR:1511KD 311.)1*, Business License (Commercial / No Gross Receipt) IN ACCORDANCE WITH THE PROVISIONS OF THE CITY OF MILTON CODE OF ORDINANCES, LICENSE IS HEREBY GRANTED TO OPERATE THE BUSINESS REFERENCED BELOW BUSINESS: NFL -NEW FOUND LIFE YOUTH FOOTBALL LEAGUE DBA: LOCATED AT: 1160 BREAM DRIVE LICENSE #: BUS003325-03-2014 DATE ISSUED: March 05, 2014 DATE EXPIRES: December 31, 2014 Given under my hand this date of March 11, 2014 Chris J. Lagerbloom City Manager POST IN A CONSPICUOUS PLACE HOME OF' 0 FSTAM 20nb CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 31, 2014 FROM: City Manager AGENDA ITEM: Patriots Day Proclamation Presented to the Sons of the American Revolution. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (} YES x NO CITY ATTORNEY REVIEW REQUIRED: O YES (�NO APPROVAL BY CITY ATTORNEY O APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: REMARKS ® Ynu M PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Community",; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004''a` Patriots Day WHEREAS, April 12, 1775 is a momentous date in the founding of our nation – once celebrated with other patriotic holidays; and WHEREAS, in the early hours of that day, Paul Revere, William Dawes and Dr. Samuel Prescott raced through the Massachusetts countryside to warn fellow citizens that British troops were coming to arrest their leaders and seize their stores of munitions; and WHEREAS, answering this alarm, Patriots took up arms, congregated on the Village Green in Lexington and, during a confrontation with the British troops, several Patriots were killed thus marking the beginning of the war for American Independence; and WHEREAS, on that same day, determined Patriots lay in wait for the advancing British at Concord’s North Bridge and, during the intense fighting, they repulsed the British, who then began their retreat to Boston with the Patriots harassing them all the way; and WHEREAS, news of “the shot heard ‘round the world” galvanized public opinion in favor of the American Revolution, including reluctant Georgians; and WHEREAS, it is appropriate that we recognize the importance of this day in our history and remember the sacrifices endured by many Patriots during years of struggle for American Independence; and WHEREAS, Milton County honored John Milton, a Georgia Continental officer whom the British captured at Fort McIntosh in 1777 and imprisoned at St. Augustine. During the British capture of Savannah in 1778, Milton saved Georgia’s public records by taking them to the Carolinas, and later to Maryland. He returned the records following the re - establishment of Georgia’s government in 1782. Milton County became part of Fulton County in 1931; and WHEREAS, the City of Milton is named for John Milton and is within the county once named for him. NOW, THEREFORE, the City of Milton proclaims the 14th day of April as PATRIOTS DAY and encourages our citizens to honor the many Patriots for whom Georgia counties and towns are named, and pay tribute to all the Patriots of the American Revolution. Given under my hand and the Seal of the City of Milton, Georgia on this 14th day of April 2014. _____________________________ Joe Lockwood, Mayor HOME OF' M. , L 1P 1 .0 N% FSTAMISI` IFF) 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 31, 2014 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Arbor Day. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY O APPROVED PLACED ON AGENDA FOR: Oq 14 REMARKS O NOT APPROVED xNO p O NOT APPROVED In I youab .-- -. ***,g PHONE: 678.242.2500 1 FAX: 678.242.2499 ►��� info@cityafmiltonga.us j www.cityofmiltonga.us Community �E�h1CS 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'aK Proclamation ARBOR DAY WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, the Tree City USA program sponsored by the National Arbor Day Foundation, provides direction, technical assistance, public attention, and national recognition for urban and community forestry programs in thousands of towns and cities that more than 93 million Americans call home; and WHEREAS, the City of Milton was recognized as a Tree City in 2011; and WHEREAS, trees are among Milton’s most beautiful natural resources and bestow fine opportunities for aesthetic appreciation and are indispensible to our ecology as providers of wildlife habitat, erosion control, air filters, moderators of temperature and noise inhibitors; and WHEREAS, as citizens of Milton, we enjoy the beauty and benefits of our natural environment which increases property values, enhances the economic vitality of business areas; and WHEREAS, it is the responsibility of each of us to safeguard the environment and make choices that have a positive impact on our environment and the world in which we live; and WHEREAS, the City of Milton and our citizens are committed to the observation and stewardship of our natural resources; and NOW, THEREFORE, we, the Mayor and City Council of the City of Milton hereby recognize and proclaim April 25, 2014 as ARBOR DAY and urge all citizens to support efforts to protect our trees and our environment and make Milton an even greater place to live, work, and raise a family, and FURTHER, we urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Given under my hand and Seal of the City of Milton, Georgia on this 14th day of April, 2014. ____________________________________ Joe Lockwood, Mayor HOME OF i A tt MIL ",TO E S FA N I- FH F D2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 31, 2014 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of the Addition of Wine Package to an Existing Alcohol Beverage License for All About Spirits, Inc. dba All About Spirits, Located at 15840 Birmingham Highway, Suite B, Milton, GA 30004. The Applicant is Tana Coleman for Package Retail — Wine (in addition to existing Distilled Spirits Package Retail). MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION., (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES 0 NO CITY ATTORNEY REVIEW REQUIRED: () YES 0 NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS ® Youlm PHONE: 678.242.2500 j FAX: 678.242.2499 e ' Cltyof infogcityofmiltonga.us I www.cityofmiltongams Community i rth,�, 4 13000 Deerfield Porkway, Suite 107 1 Milton GA 30004 ikk'a``� To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 3, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Consideration of the Issuance of the Addition of Wine Package to an Existing Alcohol Beverage License for All About Spirits, Inc. dba All About Sprits, Located at 15840 Birmingham Hwy, Suite B, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of the addition of Wine Package to an existing alcohol beverage license to All About Spirits, Inc. dba All About Spirits for retail package of wine. The business has a current distilled spirits Package Retail Alcohol Beverage License. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: All About Spirits, Inc. dba All About Spirits Contact Name: Tana Coleman Business Address: 15840 Birmingham Hwy, Suite B, Milton, GA 30004 Type of License: Package Retail – Wine (in addition to existing Distilled Spirits Package Retail) Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. HOME OF' L r-1 110N11t F.STA[il_15HFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 31, 2014 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License for Sequoia Golf Manor, LLC, dba The Manor Golf & Country Club Located at 15951 Manor Club Drive, Milton, GA 30004. The Applicant is Robin Spradlin for Consumption on Premises — Wine and Malt Beverages. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES P NO CITY ATTORNEY REVIEW REQUIRED. {) YES (�NO APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: a `, j 4) y REMARKS T PHONE: 678.242.2500 1 FAX: 678.242.2499 ' A 7,e"t : c�R,riea info@cityofmiltonga.us I www.cityofmiMonga.us Community E�h«;F 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a �� To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 19, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License Sequoia Golf Manor, LLC dba The Manor Golf & Country Club, Located at 15951 Manor Club Drive, Milton, GA 30004. ____________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Sequoia Golf Manor, LLC dba The Manor Golf & Country Club for consumption on premises of wine and malt beverages Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Sequoia Golf Manor, LLC dba The Manor Golf & Country Club Contact Name: Robin Spradlin Business Address: 15951 Manor Club Drive, Milton, GA 30004 Type of License: Consumption on Premises – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathy Field, Director of Community Development Attachment(s): None. HOME OF `THE BEST rQJALITY OF LIFE i � GEORGIA' MILIONt ESTABLISHFID 200[, CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 31, 2014 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License for Sequoia Golf Manor, LLC, dba The Manor Golf & Country Club Located at 15952 Manor Club Drive, Milton, GA 30004. The Applicant is Robin Spradlin for Consumption on Premises – Wine, Malt Beverages, and Distilled Spirits. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION., (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES �j NO CITY ATTORNEY REVIEW REQUIRED: O YES (YNO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 0 4 H 14 REMARKS ® YauED - - —_ ** PHONE: 678.242.25001 FAX: 678.242.2499 *cerciffed info@cityofmiltonga.us � www.cityofmiltongp.us '�" Community ?QL;; cs 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a�` To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 19, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License Sequoia Golf Manor, LLC dba The Manor Golf & Country Club, Located at 15952 Manor Club Drive, Milton, GA 30004. ____________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Sequoia Golf Manor, LLC dba The Manor Golf & Country Club for consumption on premises of wine, malt beverages, and distilled spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Sequoia Golf Manor, LLC dba The Manor Golf & Country Club Contact Name: Robin Spradlin Business Address: 15952 Manor Club Drive, Milton, GA 30004 Type of License: Consumption on Premises - Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathy Field, Director of Community Development Attachment(s): None. HOME OF ' r f. ESTAM.ISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 1, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing a Member to the City of Milton Board of Zoning Appeals for District 3/Post 2. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Y4PPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: REMARKS {) NOT APPROVED yNO kNo () NOT APPROVED Yount _ PHONE: 678.242.25001 FAX: 678.242.2499 �� Green � *Certified * z°p'iao info@cityofmiltonga.us I www .cityofmiltonga.us "'� Community h � t 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 `a` STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON BOARD OF ZONING APPEALS FOR DISTRICT 3/POST 2 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on April 14, 2014 at 6:00 pm. as follows: SECTION 1. That __________ (District 3/Post 2) is hereby appointed for a term commencing April 14, 2014 and ending on December 31, 2015 and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 14th day of April 2014. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ (Seal) Sudie AM Gordon, City Clerk HOME OF `THE EI MIL TON -.111 ESTAliHSHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Inter -Agency Agreement between the City of Milton, Georgia and the Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners North Fulton Atlanta to Implement Certain Economic - Development Related Sections of the Strategic Plan, MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEYY),APPRoVED O NOT APPROVED PLACED ON AGENDA FOR: o4) ) 4 j t� REMARKS T T ?- PHONE: 678.242.2500 1 FAX: 678.242.2499 Green_ info@cityofmiltonga.us I www-CItyofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 * Crrtified * Top ioa c,ty �t �, Echic O To: Honorable Mayor and City Council Members From: William F. O’Connor, Economic Development Manager Date: Submitted on April 2, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Approval of an Inter-Agency Agreement between the City of Milton, Georgia and the Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners North Fulton Atlanta to Implement Certain Economic Development Related Sections of the Strategic Plan Department Recommendation: Approval. Executive Summary: The City of Milton recognizes that a successful economic development program requires long- term continuity, maximum flexibility, and intergovernmental cooperation in order to compete effectively in the marketplace. Consequently, enhanced cooperation between the City and other economic development agencies across the region is essential. Toward that end, Progress Partners of North Fulton was an initiative created by the Greater North Fulton Chamber of Commerce to position the six cities of North Fulton County as one of the top destinations in Georgia for long term growth and quality of life. Since Milton will likely benefit from the regional activities and coordination provided by this initiative, continued membership is recommended. Funding and Fiscal Impact: Economic Development Budget - $25,000 Alternatives: There are no alternatives to this proposal. Legal Review: Paul N. Higbee Jr. – March 18, 2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Inter-Agency Agreement INTER -AGENCY AGREEMENT BETWEEN THE CITY OF MILTON, GEORGIA AND THE GREATER NORTH FULTON CHAMBER OF COMMERCE, INC. D/B/A PROGRESS PARTNERS NORTH FULTON ATLANTA TO IMPLEMENT CERTAIN ECONOMIC -DEVELOPMENT RELATED SECTIONS OF THE STRATEGIC PLAN WHEREAS, successful economic development programs require long-term continuity, maximum flexibility, and inter -governmental cooperation to compete effectively in the marketplace; WHEREAS, the City of Milton recognizes that a successful economic development program for the City can further be improved by enhanced cooperation between the City and other economic development agencies across the Region; WHEREAS, Progress Partners of North Fulton, the economic development initiative of the Greater North Fulton Chamber of Commerce, has been designed to position the six cities of North Fulton as one of the top destinations in Georgia for long-term economic growth and superior quality of life; and WHEREAS, the parties desire to enter into Inter -Agency Agreement, to jointly work on economic development for the City and for the North Fulton Region; NOW, THEREFORE, BE IT RESOLVED, for in consideration of the mutual benefits to flow one from the other, the City of Milton (sometimes referred to herein as the "City") and The Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners of North Fulton Atlanta ("Progress Partners") agree with each other as follows: 1. The term of this agreement will be July 16, 2013 through July 15, 2014. 2. The City of Milton will pay to Progress Partners a total of $25,000.00, paid in one installment within ten days of execution of this agreement. 3. Progress Partners will provide the following services to the North Fulton Region: o Work with the Fulton County Schools and private institutions to insure that our educational system is able to serve needs of businesses located in the City. o Collaborate with Gwinnett Tech and other institutions of higher learning to insure that they are meeting the needs of the businesses located in the City. o Participate in events relevant to regional economic development issues at the ARC, Fulton County Economic Development Department, GNFCC, Innovation Crescent, Metro Atlanta Chamber, etc. o Continue to promote the strengths of North Fulton to Georgia Department of Economic Development and Georgia Power regional representatives o Promote North Fulton when attending high-value trade shows, conferences, and participating in marketing trips with state and regional partners o Coordinate the efforts of the North Fulton Economic Development Partners' Council to maintain critical partnerships and collaboration with entities to support community, economic, and workforce development for the North Fulton region o Serve as the leader and catalyst along with our City partners for the advancement of the North Fulton Region o Work and cooperate with our City partners on a comprehensive and collaborative BRE outreach program for all of North Fulton o Continue to work on behalf of the Region on issues regarding education, infrastructure, tourism, transportation and workforce development with input from our City partners 4. Progress Partners will provide the following services to the City of Milton: o Assist in the development of the City's Economic Development Plan by giving input and comments as requested o Assist with implementation of the Crabapple and Highway 9 Livable Centers Initiative (LCI) plan o Support and assist with the expansion of the North Fulton CID into the City o Assist with reviewing City ordinances, permitting, and design review processes, etc. as requested in order to further economic development efforts o Alert the City of any public relation or marketing opportunities that would position the City as a premiere location for businesses to locate and expand o Research available commercial space within the City using Businesswise, Costar & other resources as applicable o Report any company relocation plans that we become aware of to the City officials of the company's current location to allow them the first right of refusal regarding such plans o Assist the City with engaging developers, brokers & tenants in the continued advancement of commercial property located within the City o Work with property owners and prospective developers to create a flexible environment that will accommodate high-value uses for properties within the City 5. To determine the effectiveness of the partnership and the effectiveness of the Progress Partners initiative with respect to the City of Milton's goals and vision, the following key performance measures will be evaluated: Image and promotion o Number of meetings held with state and private economic development leaders and consultants o Monthly website hits o Marketing materials developed and distributed o Number of conferences/trade shows and recruitment trips involved with Existing business retention and expansion o Number of first-time business contacts/visits o Total number of existing business contacts/visits o Number of new jobs created by existing businesses o Value of new investment in real estate by existing businesses New business investment and recruitment o Number of new business location projects managed o Number of new location prospects visited o Total number of new jobs created by new businesses within target industry clusters o Total value of investments in real estate by new businesses within target industry clusters Progress Partners will provide monthly written reports to City of Milton outlining progress with respect to key performance measures and activities. These written reports will provide insight into activities and performance in relation to North Fulton. The reports will be augmented and supported by monthly meetings with Milton Economic Development staff (separate from regular meetings of the Progress Partners group). In addition, key Progress Partners leadership will appear before City Council in public session on an annual basis as requested to provide an annual reporting of activities and performance to -date and a proposed plan of action for the coming year. 6. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Progress Partners agrees that, during performance of this Agreement, Progress Partners, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Progress Partners agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 7. E -Verify. 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: (1) the Progress Partners shall provide evidence on City -provided forms, attached hereto as Exhibits "A" and "B" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Progress Partners's subcontractors have 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; or (2) the Progress Partners provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Progress Partners hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "A", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Progress Partners 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. § 13-10-91 and Rule 300-10-1-.02. In the event the Progress Partners employs or contracts with any subcontractor(s) in connection with the covered contract, the Progress Partners 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 `B", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Progress Partners agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Progress Partners is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Progress Partners' and Progress Partners' subcontractors' verification process at any time to determine that the verification was correct and complete. The Progress Partners and Progress Partners' subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Progress Partners is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Progress Partners or Progress Partners' subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Progress Partners and Progress Partners'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 Progress Partners or Progress Partners'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 Progress Partners' failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Progress Partners shall be liable for all damages and delays occasioned by the City thereby. Progress Partners agrees that the employee -number category designated below is applicable to the Progress Partners. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Progress Partners hereby agrees that, in the event Progress Partners employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Progress Partners will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. CITY OF MILTON, GA By: Joe Lockwood, Mayor Date: THE GREATER NORTH FULTON CHAMBER OF COMMERCE, INC. D/B/A PROGRESS PARTNERS NORTH FULTON ATLANTA by: Y Bran n Beach, President/Secretary Date: [AFFIX CORPORATE SEAL] STATE OF GEORGIA CITY OF MILTON EXHIBIT "A" CONSULTANT AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: E /Basic Pilot Pr am U er Identification Number Authorized Officer or Agent Date Title of Authorized Officer or A gent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON HI HE DAY OF 201 y jj3 �Ij Al 1 Notary Public My Commission Expires: r STATE OF GEORGIA CITY OF MILTON EXHIBIT 'B" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with The Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners North Fulton Atlanta on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13- 10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 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: City of Milton Wayne Boston — wavne.boston@citvofmiltonga.us Diane Campbell Gratitude Goodies diane@gratitudegoodies.com Jane Beasley Jbeaslev@homesideproperties.com Homeside Properties HOME OF M L I FSTA BI IStIFP 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 31, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Application for the Abandonment of all Public Rights of Way within the Crooked Creek Subdivision. MEETING DATE: Monday, April 14, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YLAPPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. () YES KNO CITY ATTORNEY REVIEW REQUIRED. () YES (kNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR f7�LTZT.&9 0 414 1 1� * k ® You MI4 PHONE: 678.242.25001 FAX: 678.242.2499 "'1 'rCcrci8�1 * fop io., ►++11 info@cityofmiltonga.us I www.cityofmiRonga.us Community E�h,cs 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 %�0`j To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on March 28, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Consideration of an Application for the Abandonment of all Public Rights of Way within the Crooked Creek Subdivision ______________________________________________________________________________ Department Recommendation: Accept for further review. Executive Summary: Crooked Creek Subdivision Forsyth County Privatization-Abandonment Page 2 of 2 Exhibit 1. Location Map The Crooked Creek Subdivision is a 640 lot subdivision located between SR 9 and Francis Road in the southeast quadrant of the city. The subdivision contains both 44’ and 50’ right of way widths and approximately 6.5 miles of roads with the primary connection being Creek Club Drive that runs between SR9 and Francis Road. The applicant is requesting that all roads within the subdivision be abandoned to allow for the privatization of the neighborhood and the gating of the entrances at SR 9 and Francis Road. Under the current privatization ordinance each application received to abandon or privatize any right-of-way must first receive an initial hearing before the Mayor and City Council to determine whether or not to accept the application for processing. At this meeting the Mayor and City Council may decide to accept the application or deny the application without further discussion. Acceptance of the application by the council does not constitute final approval of the application or the abandonment of the public road or right-of-way, or any portion thereof, it merely allows the application to proceed through the process. At this stage staff has not made a determination of the merits of the application only that it meets the minimum requirements to begin the evaluation. It should be noted that the abandonment of a road or right of way requires that the City Council make a finding of one of the following with respect to the roadway in question: 1. That no substantial public purpose is served by it; or, 2. That its removal from the municipal street system is in the best public interest. If the Mayor and City Council approve the application to move forward it shall be the responsibility of the applicant to prove to the satisfaction of the city that one of these conditions has been met. The supporting information provided by the applicant will be made available for the Mayor and Council to review prior to the initial public hearing. Funding and Fiscal Impact: N/A Alternatives: Deny the acceptance of the application and maintain the right-of-way as necessary. Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Application J"\ City Of Milton Public Works Department 13000 Deerfield Parkway Phone (678) 242-2540 Suite 107G Milton, Georgia 30004 Application to Abandon a Public Ri2ht-of Way This Application must be filed by a person having the authority to act on behalf of the community. Where a Home Owner Association (HOA) is required by Chapter 48 of the City of Milton Code of ordinances to file the application, it must be submitted by a member of the board authorized to act on behatf of the HOA_ Where an HOA is not required by said ordinance to file, the application must be made by a person authorized to act on behalf of the petitioning organization. Section 1: Contact Information Applicant:Name: Crooked Creek Homeowner Association (NameofXOA orIndividual) Name: Steve Tipton Position: President Address: 14250 Creek Club Drive Milton, GA 30004 Phone Number: (404) 435-8251 Email: stipton@simmons.com Section 2: Right-of-WaY Information This application is submitted for (check one): ❑ Abandonment Privatization Right -of -Way Name or Subdivision Name. Crooked Creek Width of Existing Right -of -Way: 44 feet and 50 feet Lineal Peet (measured along the centerline) to be Vacated: all public road rights-of-way within the subdivision Section 3: Reason for Abandonment Thisre uest for abandonment is being made. based on a determination of the following (check one): at no substantial. public purpose is served by the right-of-way, That the removal of the right-of-way from the municipal. street system is in the best public interest. a. Please indicate the purpose for which the right-of-way is to be vacated: Increase safety and security for Crooked Creek residents. b. How is the right-of-way currently -being used? Public road used by anyone Phone (679) 2424500 c- How RMY adjacent property ownets:-Wili beat 'b his: requW. 640. 1300ODemAdd--Parkwa , y -WW 1070 Mutat, Ge t` 30604, d. How does the property ownerPropth o se to'we the rightof-.why ifabon -filtermilmss for CtbdW Greek residents and guests, c. Are there any pabfic utilities apply.. or'nfiastiaietUre c=wdY.10tatcd -iniththc right-of-way? Check all that Section j: Atta&Omts ."d Exh%ifts • Plat. ofthe gubdivisiob,,. if the rigbt-Of VaV is not heated iiia pia ..subd vision tlim a -rap yr survey should be PrOvidedwith sufficient delml to 4emonstrair the location and nature -of t.he nght-of- way. • Where a wAdivision requireda list 6 . fall affected property.mmers plat: I snot "I be provided. Sedan 5- AF�gtar� f flik AVAR-1M, The following signature signifies drtg1l of t'he infbpnatiaprai provided on this applitotioii is.accurateand correct to the best of the applicant's knowkxtge, and that the applicant has thoroughly read and =&Mands all of the application'requirements- in addition, the: applicant AuTher certifies - dW they undcrstand.that it shall be the responsibility 6f the applimto dmonstroft compliance with-Ific above c0ndi%iOng. The Vocant, is required to submit A necessary supporting Owmentation:.to establish t1i6 fattual basis on whitkthis request is made.. Any, and i4h praWtipS, joibrmation is the Ie.respcirsibility of Clic applicant. x CA MarCh 12,2014 Crooked Creek Homeowners AsscicWon By: Steve Tipton, President Cable Television Electric 21 Gas. Li S�water Water 0 Other,, pease describe. Section j: Atta&Omts ."d Exh%ifts • Plat. ofthe gubdivisiob,,. if the rigbt-Of VaV is not heated iiia pia ..subd vision tlim a -rap yr survey should be PrOvidedwith sufficient delml to 4emonstrair the location and nature -of t.he nght-of- way. • Where a wAdivision requireda list 6 . fall affected property.mmers plat: I snot "I be provided. Sedan 5- AF�gtar� f flik AVAR-1M, The following signature signifies drtg1l of t'he infbpnatiaprai provided on this applitotioii is.accurateand correct to the best of the applicant's knowkxtge, and that the applicant has thoroughly read and =&Mands all of the application'requirements- in addition, the: applicant AuTher certifies - dW they undcrstand.that it shall be the responsibility 6f the applimto dmonstroft compliance with-Ific above c0ndi%iOng. The Vocant, is required to submit A necessary supporting Owmentation:.to establish t1i6 fattual basis on whitkthis request is made.. Any, and i4h praWtipS, joibrmation is the Ie.respcirsibility of Clic applicant. x CA MarCh 12,2014 Crooked Creek Homeowners AsscicWon By: Steve Tipton, President City of mon Public Yorks int BOM Deerbeid`parkway Ame (67$) 242-25W Suite 107G Nfilton, Gm&3t N4 This completed applicator form should be sena tot" City ofMilton i?gwtmm of blit "storks 130 Demf7dd Parkway, Suite 307G Wtou, GA 30004 Page is too large to OCR. MIITcYN ~ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 9, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Professional Services Agreement between the City of Milton, Georgia and Laurel A. Florio for Land Conservation Consulting Services MEETING DATE: Monday , April 14,2014 Regular City Council Meeting BACKGROUND INFORMA TfON: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: t4. APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: Y( YES () NO CITY A TTORNEY REVIEW REQUIRED: ~YES () NO APPROVAL BY CITY ATTORNEY 1K< APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS m» PHONE: 678 .242.2500 I FAX: 678.242.2499 info@c1tyofmlltonga.us I www.c1tyofmlltonga.us 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on April 9, 2014 for the April 14, 2014 Regular Council Meeting Agenda Item: Consideration of a Professional Services Agreement between the City of Milton, Georgia and Laurel A. Florio for Land Conservation Consulting Services ___________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton recognizes the need to retain an expert to provide certain services generally described as conservation-related consulting services. In response to the vision and mission of the city, as well as fully established in the strategic plan titled as ‘preserve open space’, the City finds that specialized knowledge, skills, and training are necessary to further advance current practices and rely upon new practices in conservation and preservation. Laurel Florio is a consultant who is highly qualified by her training and experience to perform the necessary work, she is a lawyer by degree and also a Milton citizen. The project is generally described as conservation-related consulting services during the city’s establishment and future undertaking of a conservation initiative as is being recommended for approval as a professional service. The anticipated scope of work (which is designed on purpose with some flexibility) is more fully described within the following outline: A. Examination of Documentation of the City of Milton 1. Strategic Plan 2. Maps, surveys, various documents 3. Conservation/development-related documents B. Establish Vision, Mission and Guiding Principles C. Benchmarking of Best Practices Page 2 of 2 D. Develop Greenprint 1. Approach a) If utilizing The Trust for Public Land i. Funding (public/private partnerships, grants, DOT) b) If utilizing private planner/contractor i. Request for Proposal process ii. Funding (public/private partnerships/grants, DOT) 2. Education of City Council/Administration 3. Management of Greenprint process a) Allocation of funds b) Meetings with planners c) Education of/meetings with stakeholders 4. Influence existing subdivision plans 5. Build community awareness Funding and Fiscal Impact: This is a negotiated hourly contract. Payable at $150.00 per hour with an anticipated workload of 15 – 20 hours per week with a total contract cost not to exceed $30,000. Alternatives: Do not approve the contract. Legal Review: Ken Jarrard, City Attorney – April 9, 2014 Concurrent Review: Attachment(s): Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is effective as of this 14th day of April, 2014 (“Effective Date”), by and between the CITY OF MILTON, a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and City Council, and having its principle place of business at 13000 Deerfield Parkway, Suite 107G, Milton, Georgia 30004 (“City"), and LAUREL A. FLORIO, acting in her individual capacity and having her principle address at P.O. Box 2116, Roswell, Georgia 30077 ("Consultant"), collectively referred to as the "Parties." WITNESSETH THAT: WHEREAS, the City desires to retain Consultant to provide certain services generally described as conservation-related consulting services; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, the Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, the Consultant desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement; NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Project Description. The Project is generally described as conservation-related consulting services during the City’s establishment and future undertaking of a Conservation Initiative. B. The Work. The Work to be completed under this Agreement (the “Work”) is more specifically described in Exhibit “A”, attached hereto and incorporated herein by reference, and includes all material, labor, insurance, tools, equipment, and other miscellaneous items and work reasonably inferable from this Agreement. The term “reasonably inferable” takes into consideration the understanding of the Parties that some details necessary for completion of the Work may not be shown in Exhibit “A”, but they are a requirement of the Work if they are a usual and customary component of the Work or otherwise necessary to complete the Work. 2 C. Schedule, Completion Date, and Term of Agreement. Consultant warrants and represents that it will perform its services in a prompt and timely manner, which shall not impose delays on the progress of the Work. This Agreement shall commence as of the Effective Date provided above, and the Work shall be completed on or before August 1, 2014. II. WORK CHANGES A. Right to Order Changes. 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 Consultant 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 Consultant shall proceed with the changed work. B. Change Order Requirement. Any work added to the scope of this Agreement shall be added by a change order 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 Consultant. C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the City of 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, as set forth in Section III(B) below. 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 City of Milton City Council. III. COMPENSATION AND METHOD OF PAYMENT A. Payment for Work Completed and Costs Incurred. City agrees to pay the Consultant for the Work performed and costs incurred by Consultant upon certification by the City (or City staff) that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and reimbursement for costs incurred shall be paid to the Consultant upon receipt and approval by the City of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by the City to process the invoice. Invoices shall be submitted on a bi- weekly basis, and such invoices shall reflect charges incurred versus charges budgeted. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement, shall be clearly communicated to the City before charges are incurred and shall be handled through change orders as described in Section II above. The City shall pay the Consultant within fourteen (14) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as 3 compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed thirty thousand dollars ($30,000.00), except as outlined in Section II(C) above. The compensation for Work performed shall be based upon the hourly rate of one hundred fifty dollars ($ 150.00) per hour, and the Parties agree that Consultant is expected to work between fifteen (15) and twenty (20) hours per week during the term of this Agreement. C. Reimbursement for Costs. Reimbursement for costs incurred shall not be provided under this Agreement, unless such costs are approved by the City Manager prior to being incurred, and such reimbursement for costs (if approved) shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, photocopying charges and time, supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be billed at cost. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. In no event shall the total reimbursement for costs incurred during a particular month exceed five (5) percent of the total amount due for Work for that particular month. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant. Consultant 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 Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant’s profession and industry. 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 principals of Consultant’s profession and industry, Consultant will give written notice immediately to the City. C. City’s Reliance on the Work. The Consultant acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Consultant and that, therefore, the City bears no responsibility for Consultant’s Work performed under this Agreement. The Consultant acknowledges and agrees that the acceptance of advice, reports, schedules, etc. 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 Consultant’s performance. Consultant further agrees that no approval of advice, reports, schedules, etc. by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. D. Consultant’s Reliance on Submissions by the City. Consultant must have timely information and input from the City in order to perform the Work required under this 4 Agreement. Consultant is entitled to rely upon information provided by the City, but Consultant shall be required to provide immediate written notice to the City if Consultant knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. E. Assignment of Agreement. The 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. As to any approved subcontractors, the Consultant shall be solely responsible for reimbursing them, and the City shall have no obligation to them. F. Responsibility of Consultant and Indemnification of City. The Consultant covenants and agrees to take and assume all responsibility for the Work rendered by Consultant in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered by Consultant pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City and the City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (hereinafter referred to as “City Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (hereinafter “Liabilities”), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any Consultant subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor or anyone for whose acts the Consultant or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. 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 City Parties, by any employee of the Consultant, any Consultant subcontractor, anyone directly or indirectly employed by the Consultant or Consultant subcontractor or anyone for whose acts the Consultant or Consultant 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 Consultant or any Consultant subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts . This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Consultant or any of its employees, servants, or subcontractors an employee, servant or agent of the City for any purpose. The Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials 5 necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give the City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. H. Insurance. The Consultant shall have and maintain in full force and effect for the duration of this Agreement commercially reasonable insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or subcontractors, which insurance shall be approved by the City Manager and, at minimum, include general liability insurance and automobile insurance. I. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. The Parties hereto agree and acknowledge that the Consultant has no employees and does not intend to hire any employees for purposes of satisfying or completing the terms and conditions of this Agreement. Therefore, the Parties agree and acknowledge that, pursuant to O.C.G.A. § 13-10-91(b)(5), Consultant has provided to the City a copy of her state-issued driver’s license, which license must have been issued by a state that verifies lawful immigration status prior to issuing a driver’s license or identification card, as listed on the State Law Department’s website. Further, Consultant agrees that, if she later determines that she will need to hire employees to satisfy or complete the physical performance of services pursuant to this Agreement, then she shall first be required to comply with the affidavit requirements provided in O.C.G.A. § 13-10-91. These requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement (“Records”) shall be established and maintained by the Consultant 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 at least three (3) years 6 from the date that final payment is made to Consultant by the City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in performance of this Agreement 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 Consultant shall furnish to the City any and all Records related to matters covered by this Agreement in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Consultant shall make available to the City or City’s representative(s) for examination all Records with respect to all matters covered by this Agreement. The Consultant will permit the City or City’s representative(s) to audit, examine, and make copies, 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. K. Conflicts of Interest. Consultant 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. L. 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 subcontractors, consultants, and/or staff to likewise protect such confidential information. The Consultant agrees that confidential information it receives or such reports, information, opinions or conclusions that Consultant 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 Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits 7 records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18- 72(a)(34) related thereto. M. Licenses, Certifications and Permits. The Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Consultant by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. N. 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 Work to be performed by the Consultant (“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 Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Consultant assumes all risk of loss, damage or destruction of or to such Materials. If any M aterials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. O. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(O) in every subcontract for services contemplated under this Agreement. V. COVENANTS OF THE CITY A. Right of Entry. The City shall provide for right of entry for Consultant and all necessary equipment to City property, in order for Consultant to complete the Work. B. City’s Representative. The City Manager shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. 8 VI. TERMINATION A. Right to Terminate. The City shall have the right to terminate this Agreement for convenience by providing written notice thereof at least five (5) calendar days in advance of the termination date. Further, the City shall have the right to terminate this Agreement in the event of default by Consultant. For the purposes of this Agreement, Consultant shall be in default if Consultant violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable County, State, or Federal laws, which do not fall within the force majeure provisions of this Agreement. The Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of the City’s failure to pay the Consultant within fourteen (14) days of Consultant providing the City with notice of a delinquent payment and fifteen (15) days in which to cure. B. Payment Upon Termination. Upon termination, City shall provide for payment to the Consultant for services rendered and approved expenses incurred prior to the termination date. C. Consultant Obligations Upon Termination. Upon termination, the Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, 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 Consultant in performing this Agreement, whether completed or in process, in the form specified by the City. D. Additional Remedies. The rights and remedies of the City and the Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. NO PERSONAL LIABILITY Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party 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. VIII. ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. IX. SUCCESSORS AND ASSIGNS 9 Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. X. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and Consultant submits to the jurisdiction and venue of such court. XI. CAPTIONS AND SEVERABILITY The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare that they would have agreed to the remaining parts of this Agreement if they had known that the severed provision or portions thereof would be determined illegal, invalid or unenforceable. XII. NOTICES A. Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between the City Manager for the City and the Consultant. B. Official Notices. All other notices, requests, demands, 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 d ay after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously 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 10 NOTICE TO THE CONSULTANT shall be sent to: Laurel A. Florio, J.D. P.O. Box 2116 Roswell, GA 30077 Future changes in address shall be effective only upon written notice being given by the City to Consultant or by Consultant to City Manager via one of the delivery methods described in this Section. XIII. WAIVER OF AGREEMENT No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. XIV. NO THIRD PARTY RIGHTS This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. XV. 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. XVI. FORCE MAJEURE Neither the City nor Consultant 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: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Consultant; (f) delay or failure to act by any governmental or military authority; or (g) 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. 11 IN WITNESS WHEREOF the City and the Consultant have executed this Agreement, which shall be effective as of the Effective Date provided above. [SIGNATURES ON FOLLOWING PAGE] 12 Approved as to form: _______________________________ City Attorney CONSULTANT: Laurel A. Florio, J.D., acting in her individual capacity ___________________________________ SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ CITY OF MILTON ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] Attest: _____________________________ By: _________________________ Its: City Clerk 13 EXHIBIT “A” SCOPE OF WORK The Consultant shall provide consulting services related to the items described below, including related work associated with the beginning stages of the establishment of a Conservation Initiative. Actual work undertaken shall be directly related to the intended Conservation Initiative of the City of Milton and billed on an hourly basis. Consultant may or may not be directly responsible for actually completing each of the items listed below and shall provide consulting services on an as-needed basis as requested by the City Manager. This Scope of Work may be modified in writing by the Parties at any time. As requested by the City Manager, Consultant shall provide consulting services related to the following: A. Examination of Documentation of the City of Milton 1. Strategic Plan 2. Maps, surveys, various documents 3. Conservation/development-related documents B. Establish Vision, Mission and Guiding Principles C. Benchmarking of Best Practices D. Develop Greenprint 1. Approach a) If utilizing The Trust for Public Land i. Funding (public/private partnerships, grants, DOT) b) If utilizing private planner/contractor i. Request for Proposal process ii. Funding (public/private partnerships/grants, DOT) 2. Education of City Council/Administration 3. Management of Greenprint process a) Allocation of funds b) Meetings with planners c) Education of/meetings with stakeholders 4. Influence existing subdivision plans 5. Build community awareness