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HomeMy WebLinkAboutAgenda CC - 05/05/2014 - 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, May 5, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for City of Milton Police and Fire CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-116) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the April 21, 2014 Work Session Meeting Minutes. (Agenda Item No. 14-117) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 5 , 2014 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the April 28, 2014 City Council Regular Meeting Minutes. (Agenda Item No. 14-118) (Sudie Gordon, City Clerk) 3. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Half Time Sports, LLC. (Agenda Item No. 14-119) (Jim Cregge, Parks & Recreation Director) 4. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Core Physique, LLC. (Agenda Item No. 14-120) (Jim Cregge, Parks & Recreation Director) 5. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Newtown Recreation, Inc. (Agenda Item No. 14-121) (Jim Cregge, Parks & Recreation Director) 6. Approval of an Agreement between the City of Milton and CCA Regarding Responsibilities and Obligations Related to Co-hosting of the Crabapple Fest. (Agenda Item No. 14-122) (Angela Thompson, Special Events & Project Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation MDA City of Milton Firefighter Appreciation. (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing May as Mental Health Awareness Month. (Presented by Mayor Joe Lockwood) 3. Presentation of the City of Milton FY 2013 Annual Audit. (Presented by Tim Lyons, CPA, Mauldin & Jenkins, LLC) 7) FIRST PRESENTATION 1. Consideration of ZM14-02 – 805 Honors Circle (Lot 25), Jalil Poorak, to Modify Condition 1.e. (RZ85-181) to the following: To Reduce the 100 Foot Building Setback from the Property Line of the C.U.P. to 60 Feet Along the South Property Line for Lot 25. (Agenda Item No. 14-123) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 5 , 2014 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 34, Section 24, of the Milton City Code Creating Parks and Recreation Fees and Other Charges. (Agenda Item No. 14-111) (First Presentation at April 28, 2014 Regular City Council Meeting) (Ken Jarrard, City Attorney) 2. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. (Agenda Item No. 14-112) (First Presentation at April 28, 2014 Regular City Council Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Consideration of a Resolution Reappointing a Member to the City of Milton Parks and Recreation Board for District 1/Post 2. (Agenda Item No. 14-124) (Mayor Joe Lockwood) 2. Consideration of a Resolution Authorizing the Recordation of a Lien on Property Located at 14220 Cogburn Road, Milton Georgia in the Amount of $44,626.49, Pursuant to Court Order and Otherwise to Insure Reimbursement to the City for the Costs of Property Remediation. (Agenda Item No. 14-125) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-126) The minutes were provided electronically Mi LTON11h ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2014 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Half Time Sports, LLC. MEETING DATE: Monday, May 5, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED CITY A TTORNEY APPROVAL REQUIRED: Q YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR. () NOT APPROVED () NO () NO NOTAPPROYELU 1 ® ' Your ** PHONE: 678.242.25001 FAX: 678.242.2499 r ww ,Green v *Certified; 1nfo@cityofmlItonga.us i www.cityofmiltonga.us ' ' Community City 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 15, 2014 for the May 5, 2014 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Half Time Sports, LLC ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Half Time Sports, LLC. Executive Summary: This is a renewal of an existing and successful program here in the City. Half Time Sports, LLC provides summer basketball camp for boys and girls from ages 5 to 14. Last year we had a very successful program and to meet the anticipated higher demand, we are preparing to expand the program to additional schools. This year, we anticipate several former NBA stars coming to the camps which should add to the excitement and the interest level. Funding and Fiscal Impact: The class pricing will be $199.00 per week. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to quickly identify an alternate program provider or discontinue basketball camp in 2014. 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 Half Time Sports, LLC. 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 HALFTIME SPORTS, LLC 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 Basketball Summer Camp, Tournaments, & Developmental League 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. 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 surcharize for non-residents shall be paid to the CITY. 9110 YOM PHONE: 678.242.25001 FAX: 678.242.2499 Green *c�";era* op1VU info@cityofmiltongams I www.cityofmiitonga.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 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 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 famish 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, PROVIDER may require participants to obtain certain materials required in the programs Document 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 lawfiilly 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 WI SS: AA CITY: BY: JOE LOCKWOOD, MAYOR PROVIDER: BY: KIM COLEMAN, PRESIDENkT [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: Halftime Sports/City of Milton Basketball Camps Series 2014 Participant Ages: Boys and Girls 5-14 Day/s of the week program is offered: Monday - Friday Time of Program: 8:30 am to 2:30 pm Program Dates: June 16-20; June 30 -July 3; July 7-11; and July 14-18, 2014 Program Fee: $199.00 Program Enrollment: Minimum 20 Maximum 60 Materials to be supplied by participants: Tennis Shoes, Lunch & Water Bottle Materials to be supplied by PROVIDER: Basketball Training Materials to be supplied by the City of MILTON: Advertising and Marketing of camps Additional Program Requirements: PROVIDER (`s)Name: Halftime Sports Address: 12460 Crabapple Road, #337 City/State/Zip Code: Alpharetta, Georgia 30004 Phone Number: (Day) 770-751-6674 (Evening) 404-429-1584 (E-mail): 2thehoop@bellsouth.net (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM 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: Halftime Sports, LLC Basketball Tournaments Participant Ages: Boys & Girls 5-15 Day/s of the week program is offered: Friday, Saturday and Sunday Time of Program: 9:00 am to 5:00 pm Program Dates: TBD Program Fee: TBD Program Enrollment: Minimum 20 Maximum 48 Materials to be supplied by participants: None Materials to be supplied by PROVIDER: High quality, professional tournaments Materials to be supplied by the City of MILTON: Gymnasium, advertising and marketing Additional Program Requirements: PROVIDER (`s) Name: Halftime Sports, LLC Address: 12460 Crabapple Road, Ste. 337 City/State/Zip Code: Alpharetta, Ga 30004 Phone Number: (Day) 770-751-6674 (Evening) (E-mail): 2thehoop@bellsouth.net (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 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: Halftime Sports, LLC Sunday Developmental League Participant Ages: Boys & Girls 5-15 Day/s of the week program is offered: Sunday Time of Program: 1:00 pm to 5:00 pm Program Dates: August to October, 2014 Program Fee: $125.00 Program Enrollment: Minimum 30 Maximum 100 Materials to be supplied by participants: None Materials to be supplied by PROVIDER: Jersey tops and basketball training Materials to be supplied by the City of MILTON: Gymnasium, advertising and marketing Additional Program Requirements: PROVIDER (`s) Name: Halftime Sports, LLC Address: 12460 Crabapple Road, Ste. 337 City/State/Zip Code: Alpharetta, Ga 30004 Phone Number: (Day) 770-751-6674 (Evening) (E-mail): 2thehoop@bellsouth.net (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: Fee/Program: Control No.: 14027050 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower #2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 CERTIFICATE OF ORGANIZATION 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 Halftime Sports, LLC a Domestic Limited Liability Company is hereby issued a CERTIFICATE OF ORGANIZATION under the laws of the State of Georgia on March 19, 2014 by the fling 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. G 00 Tracking #: XswT3NeO WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on March 19, 2014 • rr Brian P. Kemp Secretary of State T OF ' 1RSINTERNAL NREVENUE ESERVICE RY CINCINNATI OH 45999-0023 KIM G COLEMAN HALFTIME SPORTS 12460 CRABAPPLE RD ALPHARETTA, GA 30004 Date of this notice: 03-18-2014 Employer Identification Number: 46-5116930 Form: SS -4 Number of this notice: CP 575 G For assistance you may call us at: 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 46-5116930. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. A limited liability company (LLC) may file Form 8832, Entity Classification Election, and elect to be classified as an association taxable as a corporation. If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing S corporation status, it must timely file Form 2553, Election by a Small Business Corporation. The LLC will be treated as a corporation as of the effective date of the S corporation election and does not need to file Form 8832. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. IMPORTANT REMINDERS: * Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. * Refer to this EIN on your tax -related correspondence and documents. If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. If you do not need to write us, do not complete and return the stub. Your name control associated with this EIN is COLE. You will need to provide this information, along with your EIN, if you file your returns electronically. Thank you for your cooperation. AGORDTM CERTIFICATE OF LIABILITY INSURANCE GATE (MM/DDlYYYY) ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF 03/17/2014 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(les) 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 ONTACT Carolina Florez AME: Summit America ONE' 00-955-1991 FAX: (A/C, No): 13-327-0201 A/C No. Ext): PO Box 25936 Overland Park Kansas 66225 DRESSrograms@summitamerica-ins.com INSURER(S) AFFORDING COVERAGE NAIC # NSURER A: Nationwide Mutual Insurance Company 3787 INSURED SURER B: Halftime Sports SURER C: 12460 Crabapple Road, #337 NSURrR D: Alpharetta, GA 30004 NSURER E: A Member of the Sports, Leisure & Entertainment RPG NSURER F: CnVFRA(-4FR VFRTIFirATF NIIMRFR_ Wrin4357F3q REVISION NUMFIER_ 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. NS LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MmD POLICY EXP M/D0 LIMBS A X COMMERCIAL GENERAL LIABILITY X BBRPG0000005378800 03/28/2014 03/28/2015 EACH OCCURRENCE $1,000,00 CLAIMS -MADE - OCCUR 12.01 AM ED 12:01 AM DAMAGE TO RENTED $300,00 PREMISES Ea occurrence) MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,00 GENERAL AGGREGATE GEN'; AGGREGATE LIMIT APPLIES PER: $5,000,00( 2OLICY F] JET ❑LOC PRODUCTS-COMPIOPAGG $1,0()0,00( OTHER PROFESSIONAL LIABILITY $1,000,00 LEGAL LIAB TO PARTICIPANTS $1,000,00 A AIrTOMOBILELiABILITY 6BRPG000OCO5378800 03/28/2014 12:01 AM EDT 03/28/2015 12:01 AM COMBINED SINGLE LIMIT $1,000,00 Ea Accident ^ _ BODILY INJURY (Per person) ANY AUTO ALL OWNED AUTOS CHEDULED UTO S BODILY INJURY (Per accident)1XX PROPERTY DAMAGE Per accident HIRED AUTOS X ON -OWNED UTOS Not provided while In Hawaii UMBRELLA LIAROCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS -MADE DED ENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER ER STATUOT}I TE ANY PROPRIETORSHIPIPARTNER/ O EXECUTIVE OFFICERIMEMBER EXCLUDED? N / A _ E.L. EACH ACCIDENT E.L. DISEASE - FA EMPLOYEE (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below p FOR PARTICIPANTS 6BRPGO000005378800 03/28/2014 03/28/2015 PRIMARY MEDICAL EXCESS MEDICAL $250,000 JMEDICALPAYMM7S 12:01 AM ED 12:01 AM DESCRIPTION OF OPMMNS I LOCATIONS CORD 101, AddMonalem u e, may be attached more space Is required) Sport(s): Basketball Age(s): 12 and under, 13-15 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 City of Milton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 13000 Deerfield Parkway, Suite 107 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Milton, GA 30004 WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (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 (2014/01) The ACORD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD- CERTIFICATE OF LIABILITY INSURANCEDATE(MMVDDNYYY) 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 03/17/2014 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 Caroline Ftorez Summit America 00-955-1991 Ax: {Arc, No): 913-327-0201 Ext PO Box 25936 Overland Park Kansas 66225 : rograms@summitamedea-ins.com INSURER(S) AFFORDING COVERAGE NAIC A: ationwide Mutual Insurance Com an 23787 VNE INSURED B:Halftime Sports C:12460 Crabapple Road, #337 D:Alpharetta, GA 30004 E:A Member of the Sports, Leisure $ Entertainment RPG F: COVERAGES CERTIFICATE NUMBER: W00435270 REVISION NUMBER: HIS 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 L. TYPE OF INSURANCE ADOL INSO SUBR W VD POUCY HUMBER POLICY EFF M POUCYEXP � M LIMITS A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000005378800 03/28/2014 03/28/2015 EACH OCCURRENCE $1,000,00 CLAIMS -MADE X OCCUR 12:01 AM ED 12:01 AM _ DAMAGE TO RENTED PREMISES Ea occurrence)$300,00 MED EXP (Anyone person) $5,000 PERSONAL&ADV INJURY $1,000,00 GEN'; AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE OLICY F]PEC ❑LOC $5.000,000 PRODUCTS-COMPIOPAGG $1,000,000 PROFESSIONAL LIABILITY $1,000,00 OTHER LEGAL UAB TO PARTICIPANTS $1,000,00 A AUTOMOBILE LIABILITY 6BRPG0000005378800 03/2812014 03/28/2015 COMBINED SINGLE LIMIT $1,000,00 12:01 AM EDT 12:01 AM a Accident BODILY INJURY (Per person) ANY AUTO ALL OWNED AUTOSOCHEOULED OTOS BODILY INJURY (Per accident) X HIRED AUTOS ON -OWNED UTOS PROPERTY DAMAGE Per accident X Not provided while in Hawaii UMBRELLA LIAROCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS -MADE AGGREGATE DED ETENTION WORKERS COMPENSATION AND EMPLOYERS'LIABILRY YIN ANY PROPRIErORSHIPIPARTNER/ EXECUTIVE OFFICERIMEMBER EXCLUDED? N / A PER OTHER STATUTE E.L. EACH ACCIDENT E.L. DISEASE —EA EMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE— POLICY LIMIT A MEDICAL PAYMENTS FOR PARTICIPANTS 68RPGG000005378800 03/28/2014 03/28/2015 PRIMARY MEDICAL EXCESS MEDICAL $250,000 12:01 AM ED 12:01 AM LOCATIONSRIPTION OF OPERATIONS I d ona em s schedule, may be anacned a more space is requ Sport(s): Basketball Age(s): 12 and under, 13-15 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. CtK I ItICA 1 L MULUt:K CANCELLA 1 IUN Fulton County Schools SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 786 Cleveland Ave. SW THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Atlanta, GA 30315 WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (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 26 (2014101) The ACORD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD. CERTIFICATE OF LIABILITY INSURANCE 'Am"m TYPE OF INSURANCE 03/17/2014 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(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 endorsemen s . PRODUCER Caroline Fiorez VAME: Summit America Ga955-1991Ax: (A/C, No): 913-327-0201 PO Box 25936 Overland Park Kansas 66225 rograms@summitamedca-ins.com URERS) AFFORDING COVERAGE NAIC NSURER A: Nationwide Mutual Insurance Company 3787 INSURED NSURER B: Halftime Sports NSURER C: 12460 Crabapple Road, #337 NSURER D: Alpharetta, GA 30004 SURER E: A Member of the Sports, Leisure $ Entertainment RPG NSURER F: 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. INSLT LTR TYPE OF INSURANCE ADDL INSO SUBR WVD pOUCY NUMBER POLICY EFF MMIDD POLICY EXP MIOD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE❑X OCCUR X 6BRPG0000005378800 03/28/2014 12:01 AM ED 03/28/2015 12:01 AM EACH OCCURRENCE $1100010 DAMAGE TO RENTED $300,00 PREMISES Ea occurrence MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $1,000,00 GEN'; AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE OLICY F]PECOT- LOC $5,000,000 PRODUCTS-COMP/OPAGG $1,000,00 PROFESSIONAL LIABILITY $1,000,00 OTHER LEGAL LIAR TO PARTICIPANTS $1,060,OO A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS UTQSULEO IXXNot 6BRPGO000005378800 03/28/2014 12:01 AM EDT 03/28/2015 12:01 AM COMBINED SINGLE LIMIT $1,000,00 Ea Accident BODILY INJURY (Per person) BODILY INJURY (Per accident) HIRED AUTOS ON -OWNED X UTOS provided white In Hawaii PROPERTY DAMAGE peraccident UMBRELLA LIAB OCCUR RRENCE EXCESS UAB CLAIMS -MADE E DED ETENTION PEACH WORKERS COMPENSATION AND EMPLOYERS' UABILITY Y / N ANY PROPRIETORSHIP/PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N / A E OTHER CCIDFJI NT E.L. DISEASE— EA EMPLOYEE E.L. DISEASE — POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS 6BRPGO000005378800 03/28/2014 03/28/2015 PRIMARY MEDICAL 12:01 AM EDI 12:01 AM EXCESS MEDICAL $250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I Vi( 0 ,Wditional RemarksSchedule, may Be allactied 11 more space is requ Sport(s): Basketball Age(s): 12 and under, 13-15 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. Northwestern Middle School SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 12805 Birmingham Hwy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Alpharetta, GA 30004 WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (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 26 (2014101) The ACORD name and logo are registered marks of ACORD @ 1988-2014 ACORD CORPORATION. All rights reserved. POST IN A CONSPICUOUS PLACE .1......,. , Occupatiornawl.TT ax°Cet'[CafieBuJns.,Registration INET�S LX'.2IE131/Q4 Business Owner: HALFTIME SPORTS LLC _ __............ _'fl tj $' ID: DBA: HALFTIME SPURTS Address: 12130 BROOKMILL -POINT "" " t s`' Phone Number CITY OF ALPHARETTA, GEORGIA 2 SOUTH MAIN STREET 678-297-6086 License Number City, State Zip: AL Comments: Classification: HOME Date Issued: 03/24/2014 HALFTIME SPORT !+ 12130 BROOKMILL POINT`, ALPHARETTA, GA 30004 This License is NOT Transferable and subject to be REVOKED if.abused. 5457 14163 770-751-6674 IARETTA_GA;30004 03/24/2014 HALFTIME SPORT !+ 12130 BROOKMILL POINT`, ALPHARETTA, GA 30004 This License is NOT Transferable and subject to be REVOKED if.abused. 5457 14163 770-751-6674 N*kHOME OF' THE BELTO ST QUALIT :_,t0�'Cy c. ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2014 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Core Physique, LLC. MEETING DATE: Monday, May 5, 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: KYES O NO CITY ATTORNEY REVIEW REQUIRED: WYES () NO APPROVAL BY CITY ATTORNEY RAPPROVED {) NOT APPROVED PLACED ON AGENDA FOR: flsos�{ REMARKS ® -* Youl PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cltyofmlltongo.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 r. Green``AV ; Carctsed ; Community E,,,- f To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 25, 2014 for the May 5, 2014 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Core Physique, LLC ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Core Physique, LLC. Executive Summary: This is a renewal of an existing and successful program here in the City. Core Physique, LLC runs a popular fitness program for both adults and kids. In addition, Core Physique, LLC is also the partner running the Boot Camp classes for City of Milton employees. Funding and Fiscal Impact: The class pricing for kids is $170 per semester. The pricing for adults is $150 per week. Discounts are offered for returning customers. This contract offers a 10% commission on registration to the City. Alternatives: If this contract is not approved, we will have to discontinue the summer camp. 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 Core Physique, LLC HOME OF ' ' M1 L_ I ON% 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 CORE PHYSIQUE, LLC 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 Fitness Classes & Boot Camps at the following locations: Core Physique, 6225 Atlanta Highway, Suite I I 1,Alpharetta GA 30004; 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 Cogbum 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 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 PHONE: 678.242.25001 FAX: 678.242.2499 ub Green V t Certified + lop 100 Info@cityofmiltonga.us I www.cityofmlltonga.us �� 1i.ni ii i Community k e hics 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Document of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. 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 booklvideo 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 Agreement 1.11 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. Document 1.12 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 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 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, Document the CITY shall be entitled to 10% of the registration fees paid by all program participants 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 Document 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. 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 Document subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: 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. Document 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. 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 Document 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. 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 WITNESS: CITY: JOE LOCKWOOD, MAYOR PROVIDER:, Y: IGE N RIDDICK, 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: Adult FIIT Camp Participant Ages: adults Day/s of the week program is offered: M,T,W,TH, F Time of Program: _ 5:45- 6:30 am 7:30 — 8:15 am M, W,F 8:30- 9:15 am 6:30 pm M, T, TH Program Dates: Year Round Program Fee: 150 for new clients, 120 for existing for 3 days a week, 90 for 2 days a week Program Enrollment: Minimum n/a Maximum 30 Materials to be supplied by participants: _none Materials to be supplied by PROVIDER: none Materials to be supplied by the City of MILTON: none Additional Program Requirements: PROVIDER (`s)Name: Core Physique, Address: 6225 Atlanta Highway, Suite 11 City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 804-405-9445 (Evening) (E-mail): _kolleen@corephysique.net (Fax) Office Use Only Program Rate:$ # of programs in Session: Fee/Program: 7 r 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: _Kids fit class Participant Ages: _7 - 15 Day/s of the week program is offered: _Tues Time of Program: tbd to Program Dates: _Sept 2014 to—May 2015 Program Fee: Program Enrollment: Minimum _S_ Materials to be none _170 Maximum_20 per semester supplied by participants: Materials to be supplied by PROVIDER: _equipment Materials to be supplied by the City of MILTON: _none Additional Program Requirements: PROVIDER (`s)Name: _Core Physique Address: _6225 Atlanta Highway suite 111, Alpharetta, Ga 30004 City/State/Zip Code: Phone Number: (Day) 804- 405-9445 (Evening) (E-mail): _kolleen@corephysique.net (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. Program Rate:$ # of programs in Session: Fee/Program: I S I '`'� "® CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YYY 4/21/2014 Y) 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 The Insurance Store 1634 White Circle, Suite 103 Marietta GA 30066 CONTACT NAME: Jackie Eaton PHONE (770)422-4511 Fa/ No): (-770)423-1417 EMAIL .jeaton@tisga.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:USLI 25895 INSURED Core Physique, LLC, DBA: c/o Kolleen Riddick 460 Champions View Drive Milton GA 30004 INSURER B :Hartford INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 Master 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. INISR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DD/YYYY CY EFF POLICY EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X Professional Liability CP1588413 /21/2014 /15/2015 EACH OCCURRENCE $ 1,000,000 DAMAGES I RENTED P I n $ _100,000 MED EXP (Any oneperson) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMP/OP AGG $ Include $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 20WECAJ8502 /15/2014 /15/2015 X WC STATOTH- EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) tom.gilliam@cityofmiltonga City of Milton 13000 Deerfield Parkway Suite 107 A Milton, GA 30004 ACORD 25 25 (2010/05) INS025 (201005).01 GANLaLLA I IUN 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 — — -_� C Dennis Collis/JACKI ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC4C>R b'P CERTIFICATE OF LIABILITY INSURANCE 4DATE /21/2014 Y) 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 The Insurance Store 1634 White Circle, Suite 103 Marietta GA 30066 CONTACT Jackie Eaton NAME: PHONE (770)422-4511 A/C No): (770)923-1917 EMAILEss.jeaton@tisga.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:USLI 25895 INSURED Core Physique, LLC, DBA.: c/o Kolleen Riddick 460 Champions View Drive Milton GA 30004 INSURER B :Hartford INSURER C: INSURER D: INSURER_E:_ INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 Master 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 INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE1_0 OCCUR X Professional Liability CP1588413 /21/2014 /15/2015 EACH OCCURRENCE $ 1,000,000 DAMAGES (RENTED 'PREMISES Ea occurrence)$ 100,000 MED EXP Any one person $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMP/OP AGG $ Include $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT Ea accident) BODILY INJURY (Per person) $ BODILY INJURY Per accident) $ PROPERTY DAMAGE $ Per Iden UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / NI ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A OWECAJ8502 /15/2014 /15/2015 X I WC STATU- OTH- FR E.L. EACH ACCIDENT $ 100 000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) \.Cri IIrn Air- r7VLUCr1 tom.gilliam@cityofmiltonga Fulton County Schools 786 Cleveland Avenue SW Atlanta, GA 30315 ACORD 25 (2010/05) INS025 (201005).01 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 Dennis Collis/JACKS ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Brian P. Kemp Secretary of State Entity Control No. 08060647 CORE PHYSIQUE, LLC 6225 Atlanta Highway, suite 111 Alpharetta, Georgia 30004 STATE OF GEORGIA 2014 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: 1:43:46 PM Secretary of State Control No.: 08060647 Date Filed:4/17/2014 1:43:45 PM Amount Due: $50.00 Amount Due AFTER June 1, 2014: $75.00 Each business entity registered or fled 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 $50. If amount is more thanS50 , 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 June 1,2014. If your registration and payment are not postmarked by June 1,2014, you will be assessed a $25.00 late filing penalty fee. For faster processing, we invite you to file your Annual Registration online with a credit card at Http:/hvww.sos.ea og_v/coMorationsl The Corporations Division accepts Visa, MC, Discover, American Express and ATMJDebit 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 e " . 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 $30.00 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. [See 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.] Please return ONLY the original form below and applicable fee(s). For more information on Annual Registrations or to file online, visit Hqp�//www.sos,Qa.izov/CoWorations/ Or, call 404-656-2817. CORPORATION NAME ADDRESS CITY STATE ZIP CORE PHYSIQUE, LLC 460 Champions View Drive Milton GA 30004 THE ABOVE INFORMATION HAS BEEN UPDATED TO: CORPORATION NAME ADDRESS CITY STATE ZIP CORE PHYSIQUE, LLC 6225 Atlanta Highway, suite I I I Alpharetta Georgia 30004 AGT: Riddick, Kolleen 6225 Atlanta Highway, suite 111 Alpharetta Georgia 30004 1 CERTIFY THAT I AM AUTHORIZED TO SIGN THIS FORM AND THAT THE INFORMATION IS TRUE AND CORRECT. P.O. BOX NOT ACCEPTABLE FOR REGISTERED AGENTS ADDRESS COUNTY OF REGISTERED OFFICE: Fulton County AUTHORIZED SIGNATURE: Kolleen Riddick Date:4/17/2014 1:43:45 PM Total Due: Title:CEG Email: $50.00 BR201 2013 Corporation Annual Registration 144 080606475 0050009 COREPHYSIQUELLCOOD007 201406D13 0075000 Invoice Number: 16854295 Billing Information Product Description ANNUAL REGISTRATION -LLC -Online CORE PHYSIQUE, LLC Control # 08060647 Contact: #Error Shipped Via: Online Payment Details: Payment for $50.00 from Web with Visa STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower #2 Martin Luther King; Jr. Dr. Atlanta, Georgia 30334-1530 Secretary of State, Brian P. Kemp 04/17/2014 Invoice Date: 04/17/2014 UserlD: 192203 Certification ( Order Date I Pages I Item Cost I Expedited I Total CREDIT CARD -4791 Auth: Kolleen Riddick 15565 Thompson Road Milton, GA 30004 Contact(s): Kolleen Riddick $50.00 $0.00 $50.00 Invoice Total: $50.00 FORSYTH COUNTY DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 110 EAST MAIN STREET SUITE 100 CUMMING, GA 30040 PHONE: 70) 781-2915 0411712014 FAX: (770) 781-2197 PHYSIQUE, LLC ATLANTA HWY STE '411 IARETTA GA 30004 BUSIKEES NAME: CORE PHYSIQUE, LLC LICENSE #: L201200530 LOCATION 6225 ATLANTA HWY SUITE 111 Your Occu tion Tax application has been processed•for the business listed above. The TOTAL DUE or applicable, ocuments listed below must be submitted to,receive your Business License. The amount shown is d and payable to the Forsyth Couhty. All remittance must -'be made by check or money order (DO NOT ND CASH!!). Underthe Business License -Ordinance; all licenses expire March 31st of every year. After a expiration date, all licenses are subject to a'penaity of 100% of the amount owed. The balance mt t be paid by March.31 st or within 30 days of rdcelpt to avoid.penalty. NAI`CS 71 40 CODE: 2014 Business Licensd OCJCFATION TAX: $175.00 AYMENT$ (see below): ($175.00) BACE: $0.1}0 ****PLEASE SENDAMOUNTSHOWNASTOTALDUE************ If you have any questions, please contact Missy Pruitt ext 5868 or Deborah Ertzberger ext 2830 at the Forsyth County Department of Planning and Community Development. Payment Am nt: $175.00 Date: 04/17/2014 Type: Credit Transaction#: VISA Description: lIi d W r E.. a cv G T Z V)a E� CL X Q W a co N r, O N J J Q LL T r W H V � J J Z � $ = W Ul W UJ Z vyzZa W O O Q ao � L=LW HF- W a U Y V W W ir Z to W V D Z N M %a C,) PSI cw U) h• Z WIM CIRS DNTERN OVENUE SERVICEF THE TREASURY CINCINNATI OH 45999-0023 CORE PHYSIQUE LLC KOLLEEN RIDDICK SOLE MBR 460 CHAMPIONS VIEW DR ALPHARETTA, GA 30004 Date of this notice: 09-18-2008. Employer Identification Number: 26-3378373 Form: SS -4 Number of this notice: CP 575 G For assistance you may call us at: 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 26-3378373. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. A limited liability company (LLC) may file Form 8832, Entity Classification Election, and elect to be classified as an association taxable as a corporation. If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing S corporation status, it must timely file Form 2553, Election by a Small Business Corporation. The LLC will be treated as a corporation as of the effective date of the S corporation election and does not need to file Form 8832. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. IMPORTANT REMINDERS: * Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be abl to generate a duplicate copy for you. * Use this EIN and your name exactly al they appear at the top of this notice on all your federal tax forms. * Refer to this EIN on your tax -related correspondence and documents. If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of,this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. If you do not need to write us, do not complete and return the stub. Thank you for your cooperation. W HOME OF ' M. tTON*' ESTABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2014 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Newtown Recreation, Inc. MEETING DATE: Monday, May 5, 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 ONO CITY ATTORNEY REVIEW REQUIRED: j YES () NO APPROVAL BY CITY ATTORNEY APPROVED O NOT APPROVED PLACED ON AGENDA FOR: Som J 4 REMARKS k4l' ® youl * * * PHONE: 678.242.25001 FAX: 678.242.2499 Green ,t ; iryof ; info@cifyofmiltonga.us www.cityofmiHonga.us ■rr� cOmmu. M y ELhi. 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 25, 2014 for the May 5, 2014 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Newtown Recreation, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Newtown Recreation, Inc. Executive Summary: This is a renewal of an existing and successful program here in the City. Newtown Recreation, Inc. provides our winter basketball program (6 – 14 years old, boys and girls leagues), boys lacrosse (7-14 years old), youth soccer (3 – 15 years old, boys and girls leagues), youth tennis (4- 16 years old), and summer sports camps in lacrosse, tennis, soccer and mixed sports for boys and girls between 5 and 16 years old. Last year we experienced record growth in our lacrosse and basketball programs and we are preparing to expand the program to additional schools. Funding and Fiscal Impact: The pricing per program is on a varying schedule. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, this will significantly impact the programming of boys lacrosse and basketball in the city as well as several of our summer camps. We would have to identify new program providers for these activities. 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 Newtown Recreation, Inc. HOME OF ` i M 1 `0 N 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 NEWTOWN RECREATION, 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 Basketball, Boys Lacrosse, Tennis, Soccer, Volleyball, Slow Pitch Softball, Dodgeball, Kickball, Ultimate Frisbee & Summer Sports 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 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 © 10 Your 0 T ,,. __ *** PHONE: 678.242.25001 FAX: 678.242.2499 G f e e h 'fCenified * 100 t ' City')( @c infoityofmiltonga.us „ii�,iiFi. Community www.cityofmiltonga.us Ethics` 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 .... 'a`` Document of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. 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 Agreement 1.11 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. Document 1.12 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 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 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, Document 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 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 Document 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. 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 Document subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: 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. Document 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. 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 Document 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. 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 Wf ESS: t� CITY: BY: JOE LOCKWOOD, MAYOR PROVIDER: [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: YOUTH BASKETBALL Participant Ages: 6-14yrs. old (boys and girls separate leagues) Day/s of the week program is offered: 1 practice a week and 1 game on Saturdays Time of Program: Practices are 1 hour (5:30pm-7:45pm), games are scheduled 1 hour minutes apart on Saturdays (9:OOam-5:OOpm). Program Dates: Practice begins November 17th, First game December 6th, Last Game February 7th (all weather permitting). Program Fee: $185 for youth basketball, $125 for 6 shooters instructional class. Program Enrollment: Minimum: 28 per age group Maximum: 104 per age group Materials to be supplied by participants: Tennis shoes and shorts, ball for practice Materials to be supplied by PROVIDER: Uniform top (replica), equipment (basketballs, cones, and scorekeeping equipment). Materials to be supplied by the City of MILTON: Gym space to participate in. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Office Use Only. Program Rate:$ # of programs in Session: Fee/Program: S 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: BOYS YOUTH LACROSSE Participant Ages: 7-14yrs. old boys Day/s of the week program is offered: 1 practice a week and 1-2 games on the weekend Time of Program: Practices are 1 hour (4:30-5:30pm, 5:30-6:30pm, 6:30-7:30pm), games are scheduled 1 hour and 15 minutes apart on Saturdays (9:OOam-3:30pm) or on Sundays (1:OOpm- 4:45pm). Spring practices are on the hour (4:OOpm-5:OOpm, 5:OOpm-6:OOpm, and 6:OOpm-7:OOpm). Program Dates: Fall 2014- practice begins August 25`", First game September 13', Last game November 8`" (weather permitting). Spring 2015- Practice begins February 7th, First game March 7" Last Game May 16" (all weather permitting). Program Fee: U9 Boys- $185, U11 Boys- $195, U13 Boys- $205 Program Enrollment: Minimum: 45 per age group Maximum: 150 per age group Materials to be supplied by participants: cleats/tennis shoes, stick, helmet, mouth guard, pads. Materials to be supplied by PROVIDER: Jersey, balls, cones, goals. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Reauirements: 1,000,000 General Liability Insurance Office Use Only. Program Rate:$ # 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: YOUTH SOCCER Participant Ages: 3-15yrs. old (boys and girls divisions) Day/s of the week program is offered: 1 practice a week and 1-2 games on the weekend Time of Program: Practices are 1 hour (4:30-5:30pm, 5:30-6:30pm, 6:30-7:30pm), games are scheduled 1 hour and 15 minutes apart on Saturdays (9:OOam-3:30pm) or on Sundays (1:OOpm- 4:45pm). Practices on the hour in Spring 2014 (4:OOpm-5:OOpm, 5:OOpm-6:OOpm, 6:OOpm-7:OOpm). Program Dates: Fall 2014- Practice begins August 25th, First game September 8th, Last Game Nov. 9" (all weather permitting). Spring 2015- Practice begins February 9th, First game March 14th, last game May 9th (weather permitting). Program Fee: $175 Program Enrollment: Minimum: 35 per age group Maximum: 140 per age group Materials to be supplied by participants: Mouth -guard, cleats/tennis shoes, shin -guards. Materials to be supplied by PROVIDER: Uniform (top, shorts, socks), Equipment (balls and cones). Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. Program Rate:$ # 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 proqram. Name of Program: YOUTH TENNIS Participant Ages: 4-16yrs. olds Day/s of the week program is offered: Monday, Tuesday, Wednesday, Thursday Sessions- 3:30pm-4:30pm, 4:30pm-5:30pm, 4:30pm-6:OOpm (depends on age group) Saturday Sessions- 9:OOam-10:OOam, 9:30am-10:30am, 10:30am-12:OOpm Program Dates: Fall 2014- session #1 instruction begins August 18" ,ends September 27' (6 weeks- weather permitting). Session #2 begins October 6" and ends November 15th (6 weeks- weather permitting) Spring 2015- session #1 instruction begins February 16th, ends March 28" (6 weeks). Session #2 instruction begins April 13th, ends May 16" (6 weeks). Program Fee: 4-5yr. olds and 6-8yr. olds- $140, 9-11yr. olds and 12-18yr. olds- $180. Program Enrollment: Minimum: 6 per age group Maximum: 150 per age group Materials to be supplied by participants: cleats/tennis shoes, tennis racket and water bottle. Materials to be supplied by PROVIDER: balls, cones, training aids. Materials to be supplied by the City of MILTON: Courts to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$ # 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 proqram. Name of Program: YOUTH ALL SPORTS CAMP- SUMMER JAM CAMP Participant Ages: 5-12yrs. old (boys and girls together) Day/s of the week program is offered: Monday -Friday Time of Program: 8:30am-12:30pm Program Dates: July 14`h -18`h, 2014 Program Fee: $175 Program Enrollment: Minimum: 15 per age group Maximum: 100 per age group Materials to be supplied by participants: Mouth -guard, cleats/tennis shoes, and a water bottle. Materials to be supplied by PROVIDER: Camp T-shirt, equipment (balls, cones, and flags). Materials to be supplied by the City of MILTON: Field to participate on. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.• Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM 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: YOUTH LACROSSE CAMP Participant Ages: 6-16yrs. old Day/s of the week program is offered: Monday -Thursday Time of Program: 8:30am-12:30pm Program Dates: June 23 -27th Program Fee: $175 Program Enrollment: Minimum: 15 per age group Maximum: 100 per age group Materials to be supplied by participants: Mouth -guard, cleats/tennis shoes, lacrosse stick, goggles, helmet (boys), pads (boys) water bottle. Materials to be supplied by PROVIDER: Camp T-shirt, equipment (balls, cones, goals, training aids). Materials to be supplied by the City of MILTON: Field to participate on. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$ # 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: YOUTH SOCCER CAMP Participant Ages: 5-12yrs. old (boys and girls together) Day/s of the week program is offered: Monday -Friday Time of Program: 8:30am-1:30pm Program Dates: July 7th -11`h and July 21s` -25`h Program Fee: $200 Program Enrollment: Minimum: 15 per age group Maximum: 100 per age group Materials to be supplied by participants: Mouth -guard, cleats/tennis shoes, shin guards and a water bottle. Materials to be supplied by PROVIDER: Camp T-shirt, equipment (balls, cones, and flags). Materials to be supplied by the City of MILTON: Field to participate on. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.- Program Rate:$ # 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: YOUTH TENNIS CAMP Participant Ages: 4-16yrs. old (boys and girls together) Day/s of the week program is offered: Monday -Friday Time of Program: 8:30am-12:30pm Program Dates: June 2nd_61h, June 91h -131h, June 161h -201h, June 23rd -271h, July 7th -111h, July 141h -181h, July 21St -25th, July 28th -Aug. 1St. Program Fee: $200 Program Enrollment: Minimum: 8 per age group Maximum: 100 per age group Materials to be supplied by participants: Tennis racket tennis shoes, and a water bottle. Materials to be supplied by PROVIDER: Camp T-shirt, equipment (balls, cones, and). Materials to be supplied by the City of MILTON: Field to participate on. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.- Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM 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: TEEN DODGEBALL Participant Ages: 14-18yr. old (boys and girls separate leagues) Day/s of the week program is offered: 1 practice a week and 1 game on Saturdays Time of Program: Practices are 1 hour (5:30pm-7:45pm), games are scheduled 1 hour minutes apart on Saturdays (9:OOam-5:OOpm). Program Dates: Practice begins November 17th, First game December 6th, Last Game February 7`" (all weather permitting). Program Fee: Not sure if we want to do individual registration or team registration. Program Enrollment: Minimum: 4 teams per league Maximum: 10 teams per league Materials to be supplied by participants: Tennis shoes shorts, and mouth -guard Materials to be supplied by PROVIDER: T-shirt/Pinnie and equipment (balls, cones, and scorekeeping equipment). Materials to be supplied by the City of MILTON: Gym space to participate in. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 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: TEEN KICKBALL LEAGUE Participant Ages: 14-18yrs. old (boys and girls together) Day/s of the week program is offered: 1 practice a week and 1-2 games on the weekend Time of Program: Practices are 1 hour (4:30-5:30pm, 5:30-6:30pm, 6:30-7:30pm), games are scheduled 1 hour and 15 minutes apart on Saturdays (9:OOam-3:30pm) or on Sundays (1:OOpm- 4:45pm) Program Dates: Practice begins August 25`h, First game September 13`h, Last Game Nov. 8th (all weather permitting). Program Fee:: not sure if we want to make this an individual registration or team registration Program Enrollment: Minimum: 35 per age group Maximum: 200 per age group Materials to be supplied by participants: cleats/tennis shoes. Materials to be supplied by PROVIDER: Jersey/Pinnie, cones kickballs. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, bases on each field. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: Fee/Program: Brian P. Kemp Secretary of State Entity Control No. K838180 NEWTOWN RECREATION, INC. 3000 OLD ALABAMA RD Suite 104 Johns Creek, Georgia 30022 STATE OF GEORGIA 2014 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: 2:52:35 PM Secretary of State Control No.: K838180 Date Filed:3/4/2014 2:52:34 PM Amount Due: $30.00 Amount Due AFTER June 1, 2014: $55.00 Each business entity registered or riled 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 $30. If amount is more thanS30 , the total reflects amount(s) due from previous year(s) and any applicable late feels). Renew by April 1,2013 Your Annual Registration must be postmarked by June 1,2014. If your registration and payment are not postmarked by June 1,2014, you will be assessed a $25.00 late filing penalty fee. For faster processing, we invite you to file your Annual Registration online with a credit card at Http:/hvwwsos.ga.gov/corporations/ 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 e” . 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 $30.00 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. [See 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.] Please return ONLY the original form below and applicable fee(s). For more information on Annual Registrations or to file online, visit HU,//www.sos.ga,gov/corporations/� Or, call 404-656-2817. CORPORATION NAME ADDRESS CITY STATE ZIP NEWTOWN RECREATION, INC. 3000 OLD ALABAMA RD, Suite 104 Johns Creek GA 30022 CEO: BRANDON ALLEN 3000 Old Alabama Rd. Johns Creek Georgia 30022 CFO: Joe Holihan 3000 Old Alabama Road Johns Creek Georgia 30022 SEC: Charlie Brown 3000 Old Alabama Road Johns Creek Georgia 30022 THE ABOVE INFORMATION HAS BEEN UPDATED TO: CORPORATION NAME ADDRESS CITY STATE ZIP NEWTOWN RECREATION, INC. 3000 OLD ALABAMA RD, Suite 104 Johns Creek Georgia 30022 CEO: BRANDON ALLEN 3000 Old Alabama Rd. Johns Creek Georgia 30022 CFO: Joe Holihan 3000 Old Alabama Road Johns Creek Georgia 30022 SEC: Charlie Brown 3000 Old Alabama Road Johns Creek Georgia 30022 AGT: Brandon Allen 3000 Old Alabama RD Johns Creek Georgia 30022 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 OFFICE: Fulton County AUTHORIZED SIGNATURE: Date:3/4/2014 2:52:34 PM Total Due: T1tle:CEO Email: brandon@newtownrec.com $30.00 BR201 2013 Corporation Annual Registration 144 K838180%9 0030004 NEWTOWNRECREATIONINC7 201406013 0055004 Invoice Number: 13656007 Billing Information STATE OF GEORGLA Secretary of State Corporations Division 313 west Tower 42 -Martin Luther King, Jr. Dr. Atlanta, Georgia 3037 -1530 Secretary of State, Brian P. Kemp 03/04/2014 Invoice Date: 03/04/2014 UserID: 503648 Product Description Certification Order Date Pages Item Cost Expedited Total Number ANNUAL REGISTRATION - Nonprofit 16103457 03/04/2014 1 $30.00 $0.00 $30.00 Corp - Online NEWTOWN RECREATION, INC. Control # K838180 Contact: #Error Shipped Via: Online Payment Details: Payment for $30.00 from Web with AmericanExpress CREDIT CARD XX -1017 Auth: Aris Mavridoglou 3000 Old Alabama Rd #104 johns creek, GA 30022 Contact(s): Aris Mavridoglou Invoice Total: $30.00 NEWTORE OP ID: SC `ice..--- '�' CERTIFICATE OF LIABILITY INSURANCE D03/271201 YY) 03/2712014 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 Bitner-Henry Insurance Agcy Customer Service Center NAME CT Kenneth M Bird PHONE FAx ac No Ext : 866-298-1668 AIc No): 888-739-1233 401 East Antietam St., Suite B Hagerstown, MD 21740 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICit Kenneth M Bird INSURE_RA:Brotherhood Mutual Insurance 113528 ---------------- INSURED New Town Recreation, Inc 3000 Old Alabama Road #104 Johns Creek, GA 30022 INSURER B: INSURERC: i 1 INSURER D: { $ INSURER E • f AUTOMOBILE INSURER F: I I ! 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. INSR LTR TYPE OF INSURANCE iADDLTSlTB THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER POLICY EFF M MM/D PMID Y YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY i X CLAIMS -MADE ® OCCUR 10MEA0321804 07/14/2011 07/14/2014 EACH OCCURRENCE $ 1,000,00 DAMAGE Ea occurrence S 300,00 MED EXP (Any one person) 5,00 _$ PERSONAL &ADV INJURY $ 1,000,00 GENERALAGGREGATE $ 3,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1 PRO LOC E F CT PRODUCTS - COMPIOP AGG S 3,000,00 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS I I I ! COMBINED SINGLE LIMIT Ea accident S BODILY INJURY (Per person) $ BODILY Per accident $ ( ) PROPERTY DAMAGE PERACCIDE S Is UMBRELLA UAB EXCESS LIAR OCCUR I CLAIMS -MADE I EACH OCCURRENCE S AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION j ANDF3JIPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNERIEXECU7IVE OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatary in NH) yes, describe under D DESCRIPTION OF OPERATIONS below I WC STATU- II I OTH- IMITS.I-� R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ _ EL DISEASE - POLICY LIMIT �-5 — 1 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Milton is named as additional insured in relation to event - Coverage for additional insureds is strictly subject to all policy terms. CERTIFICATE HOLDER CANCFI I ATI(ON ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Milton Suite 107A THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Parkway, Milton, GA 30004 AUTHORIZED REPRESENTA Kenneth M Bird, C_. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD NEWTORE OP ID: SC l„�,�..._.- �'"' CERTIFICATE OF LIABILITY INSURANCE B03t241201ATE YY) 03T24f2014 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 Bitner-Henry Insurance Agcy Customer Service Center CONTACT NAME: PHONE FAX A1C NO EW: A/C No): 401 East Antietam St, Suite B Hagerstown, MD 21740 ADMBREss: -- - ------ _ Kenneth M Bird INSURERS AFFORDING COVERAGE NAIC # INSURER A: Brotherhood Mutual Insurance 13528 INSURED New Town Recreation, Inc 3000 Old Alabama Road #104 Johns Creek, GA 30022 INSURER B : INSURERC: X INSURER D INSURER E : 07/1412014 INSURER F: MED EXP (Any one person) S 3,00 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 IINSR D (SVVVD B I POLICY NUMBER EFF MMIDDNM MCY MIDDY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X 1 OMEA0321804 07/1412011 07/1412014 PREMISES (Ea,ocairDrence$ 300,00 MED EXP (Any one person) S 3,00 PERSONAL & ADV INJURY S 1,000,00 GENERAL AGGREGATE S 3,000,00 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 3,000,00 { POLICY PRO-JFc, El LOC S AUTOMOBILE LIABILITY I EaMdeDtSINGLE LIMIT S BODILY INJURY (Per person) S ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS ( BODILY INJURY Per accident ) $ NON -OWNED HIRED AUTOS _i AUTOS PROPERTY DAMAGE $ PER AQCIDE $ i i UMBRELLA UAB i OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED 1 I RETENTION$ `$ ! WORKERS COMPENSATION E WC STATU- I JOTH- AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETORPARTNERIEXECUTIVEE.l. OFFICERIMEMBER EXCLUDED? ❑ N i A I MIT$ EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ {Mandatory in NH} If yes, describe under DESCRIPTION OF OPERATIONS below j E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedufe, if more space is required) Fulton County Schools is named as additional insured for use of their facilities. Coverage for additional insureds is strictly subject to all the terms of the policy. CERTIFICATE HOLDER CANCFI I ATION ACORD 26 (2010105) O 1988-2010 ACORD CORPORATION. Alf rights reserved. 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 786 Cleveland Ave SE ACCORDANCE WITH THE POLICY PROVISIONS. Atlanta, GA 30354 AUTHORIZED REPRESENTA VE r Kenneth M Bird ' ACORD 26 (2010105) O 1988-2010 ACORD CORPORATION. Alf rights reserved. The ACORD name and logo are registered marks of ACORD N _ E_...,-._ REVENUE E S E 7MCMART� CE 45Z:-' Date: SEP i 5 2D03 NX X .. . _LA XA R--� :.year :D: ; ^ant . _,MP13;'e_ :aentit cation Iqumber: D_ N : Contac' Person: ER --;E ,TE:.,s R-, My 07 - 825-55ht. ..,._l.. _ nari:y Szatus . Ky a,= 2u: letter dated ,,l_Y 1999, stated ou .-zu-d 6e _m ra- p: o'; e_ income _ax under section 501:c' 31 of zhe _ �.t RC1 _I1.�e ._.'Jae and be: treated as a puhlic char i t -, during an a .__.c e ruling period. Based on our records and on the _nfor. ._ •o:: .c;' `� f ��_: .:bn' K.d we are ~:eased to confirm that you are exempt under sectio. Q_ f, cz 1the Code, and you are classified as a public charity ander the _:ode se listed this letter. sle^ n the heading o Publication ", Tax -Exempt Status for Your ^ rga _zation, ,,-oIrIdes detajjec _nf rmation about your�'h s and : esaCTlls_...'y_ t.:.Cs as anexempt orgaS_.t,:jrzon, You may request a copy by, calling the !:c: --free number for fcriTms MON 92�3616. Mcrma _on is also c.:a.li- X;�._ ,or, o;:r interne;. Web ser.. Ww __'s . go . _ at ta' i� ':,ou have general questions a antMp:" Xe_g 1.. d....`?:?s , please call our toll-free r ., number shown Ln the head-,.rg zime I ^eLwee €._v a.m. p.m. Eastern Pease keep this letter your permane= records. letter 155C 1D: 7S _rect.C: , Exempt Orga.^._^az-=o'3s letter 155C 1D: 7S a non-profit youth athletic association Newtown Recreation EIN: 58-2424266 3000 Old Alabama Road Suite 104 Johns Creek, GA 30022 (678) 297-2662 Fax (678) 297-3920 "Serving the Community through Sports" a U o 0 cr Q m: LU Z r et 0 p z 0 `t w X m w 0 ui Nui w w0 0 Q w LO � cC Cn O U Z Cl) Lo co Q U m W c uJ U Q Z � ti o H W p c U o <� LL wV'U U m—Z-Z W — ~ Z — ZZ Z W O 0 0 a N 013 N W t- = U)Qa¢M F- 7= Cr o as Q M U) ww2Q W2 Q C)LU z W U CD w U to C7 rj _ ��Jw G:) w O U z o 0o J �.o J�� w o _z oQZ o J W W O M 0 O LL _ 0 }� W �, ; HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2014 FROM: City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and CCA Regarding Responsibilities and Obligations Related to Co -hosting of the Crabapple Fest. MEETING DATE: Monday, May 5, 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 () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY () NOT APPROVED PLACED ON AGENDA FOR: �APPROVED SSS REMARKS ® 0 YOUM *** PHONE: 678.242.2500 FAX: 678.242.2499 Cerafwd info@cityofmiltonga.us I www.cityofmilfonga.us Community thwos 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'B To: Honorable Mayor and City Council Members From: Angela Thompson, Special Events and Project Manager Date: Submitted on April 28, 2014 for the May 5, 2014 Regular Council Meeting Agenda Item: Consideration of the Approval of an Agreement between the City of Milton and CCA Regarding Responsibilities and Obligations Related to Co-Hosting of the Crabapple Fest ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton and non-profit Crabapple Community Association have entered into a partnership for the second annual Crabapple Fest. The impetus of this partnership is the Crabapple Community Association’s need for professional help in regards to logistics, advertising, and public safety and the City of Milton’s benefit of community partnership and vendor assistance. We saw great success with the agreement and partnership for the 2013 Crabapple Fest. Both parties wish to continue the yearly destination festival in the heart of historic downtown Crabapple to compliment the vision of “Downtown Milton” as the city grows. This document outlines the expectations and deliverables of that partnership, including CCA’s handling of vendors, Milton’s handling of children’s activities and sponsors, and shared responsibilities of volunteerism. Additionally, it should be disclosed that a member of the Planning Commission, Peyton Jamison, is currently serving as the president of CCA. This could present a potential conflict; however, this conflict is not an issue, as Mr. Jamison is not involved in negotiation or approval of the contract by the City, he does not receive any City funds through execution of this contract, and the Code provides that the City may enter into contracts involving services with a business which is the only available source for such services, and CCA is the onl y entity that hosts this type of festival in downtown Crabapple. To avoid the appearance of impropriety, Ashley Blencoe, secretary of the Crabapple Community Association, has signed the contract. Page 2 of 2 Funding and Fiscal Impact: Funding for this festival will be achieved by the existing special event fund line items for the Crabapple Fest ($28,000). This cost will be offset with sponsorships we conservatively estimate to be in excess of $7,500. Alternatives: Denial of the contract, dissolution of the partnership. Legal Review: Paul Higbee– Jarrard & Davis (4/22/2014) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Agreement between the City of Milton and CCA Regarding Responsibilities and Obligations Related to Co-Hosting of the Crabapple Fest. 1 AGREEMENT BETWEEN THE CITY OF MILTON AND CCA REGARDING RESPONSIBILITIES AND OBLIGATIONS RELATED TO CO-HOSTING OF THE CRABAPPLE FEST THIS AGREEMENT is effective as of this_____ day of _____________, 20___, by and between CITY OF MILTON, a political subdivision of the State of Georgia, acting by and through its governing authority, the May or and City Council for the City of Milton (“City"), and Crabapple Community Association, Inc., a Georgia corporation, ("CCA"), collectively referred to as the "Parties." WITNESSETH THAT: WHEREAS, the City and CCA desire to co-host a festival to be known as the Crabapple Fest and to specify each party’s responsibilities and obligations related thereto; and WHEREAS, the City previously hosted the Milton Round Up, a festival focusing on, among other things, Milton heritage, children’s activities, and music; and WHEREAS, the CCA previously hosted the Crossroads at Crabapple Antique and Art Festival focusing on, among other things, antique vendor sales; and WHEREAS, the City and CCA have determined that it would be mutually beneficial to share in the cost of hosting festival by combining the two previously existing festivals into one festival to be known as Crabapple Fest, as both Parties would benefit from maximum community branding, cost sharing, increased festival attendance, and enhanced benefits to community commerce; and WHEREAS, the City is authorized by Article IX, Section 2, Paragraph III of the Constitution of the State of Georgia to provide and fund recreational programs; and WHEREAS, the City will receive a substantial benefit from consolidating its efforts with those of CCA, as the City will be able to co-host a much larger festival than was previously possible with greater recreational opportunities for Milton’s citizens; and WHEREAS, the public interest will be served by this Agreement, as the City of Milton would receive a substantial benefit through CCA’s providing funding, personnel and administrative assistance in co-hosting a much larger community festival; 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 2 The Parties will work cooperatively to co-host a festival in downtown Crabapple, which festival shall be known as Crabapple Fest (the “Festival”). B. Party Obligations and Responsibilities 1. City Obligations and Responsibilities The City shall be responsible for providing all labor and funding associated with the following in co-hosting the Festival: a. Logistics – The City shall be responsible for coordinating any logistics associated with closing roads and providing security for the Festival, including but not limited to closing Crabapple Road (from Itasca Walk to Broadwell Road) and Broadwell Road (from Crabapple Road to Broadwell Avenue) where the Festival will occur and providing a police presence at the Festival. b. Kids Activity Area – The City shall be responsible for organizing and running the kids activity area, which shall be located toward the center of the Festival and shall include space sufficient for children’s activities consistent or similar to those previously provided at the Milton Round Up. c. Sponsorships – The City shall be responsible for and authorized to obtain sponsorships to fund its portion of any costs associated with co-hosting the Festival. The City shall make a good faith effort to secure as many sponsorships as possible to offset the public funds needed to be expended on the festival. Any sponsors providing one thousand dollars ($1,000) or more in sponsorship shall be allowed to have a booth at the Festival. d. Vendor Solicitation and Recruitment (Other than Antique/Art/Food Vendors Recruited by CCA) – The City will maintain a record of all participating vendors (other than antique, art and food vendors recruited by CCA) that the City recruits to participate in the Festival, which record shall include the name, address, and phone number of the vendor, any amounts payable or outstanding from such vendor, the vendor terms, the vendor class (if any), and any other vendor information deemed necessary. The City may set a fee for participation by such vendors, which fee shall not exceed one hundred dollars ($100.00) (provided that any vendor may choose to make a donation in excess of such amount and the City need not charge any vendor fee if the City so chooses). Any amounts outstanding to be collected from such vendors (other than antique, art and food vendors recruited by CCA) shall be the 3 responsibility of the City. e. Publicity and Communications – The City shall coordinate any publicity and communications associated with the Festival, including but not limited to written flyers, pamphlets and advertisements, signage, broadcast media, etc. f. Budget and Finances – The City shall set the Festival budget and keep records of all finances related to the Festival. The City shall provide a copy of any financial statements or other financial reports completed in relation to the Festival to CCA for consideration in Post-Event Evaluation/Summary/Appreciation. 2. CCA Obligations and Responsibilities CCA will be responsible for providing all labor and funding associated with the following in co-hosting the Festival: a. Vendor Solicitation and Recruitment (Antique/Art/Food Vendors Recruited by CCA) – CCA shall be responsible for soliciting and recruiting antique, art, and food vendors for the festival. CCA will maintain a record of all participating antique, art and food vendors recruited by CCA to participate in the Festival, which record shall include the name, address, and phone number of the vendor, any amounts payable or outstanding from such vendor, the vendor terms, the vendor class (if any), and any other vendor information deemed necessary. Any amounts outstanding to be collected from any antique, art and food vendors recruited by CCA shall be the responsibility of CCA. b. Vendor Management and Communications – CCA shall be responsible for managing the involvement of and communicating with any and all antique, art, and food vendors recruited by CCA; provided that any fee charged by CCA to vendors to participate in the Festival shall not exceed two hundred twenty-five dollars ($225.00) (provided that any vendor may choose to make a donation in excess of such amount). The Parties agree that any revenue collected from fees charged to antique, art and food vendors recruited by CCA shall be designated to the CCA’s fundraising account. c. Vendor Tents – CCA will require that all vendors be responsible for providing their own tents for their booths/vendor stands. d. Revenue Reporting – Once the Festival is complete, CCA will provide the City with a report specifying all revenues and/or other 4 monies collected in relation to the Festival, including but not limited to those designated for community programs. 3. Joint Obligations and Responsibilities of both the City and CCA CCA will be responsible for providing all labor and funding associated with the following in co-hosting the Festival: a. Volunteer Recruitment and Coordination – The City and CCA shall work together to recruit and coordinate volunteers to plan for and staff the Festival. b. Post-Event Evaluation/Summary/Appreciation – The City and CCA shall work together to evaluate the success of the Festival once complete. 4. All Other Obligations The Parties will negotiate in good faith to equitably assign any obligations or responsibilities not specifically assigned herein, and the labor and funding associated therewith, as such obligations and responsibilities are identified. C. No Admission for Attendees. The Parties agree that there shall be no admission fee charged to members of the public who attend the Festival. D. Schedule. The Parties anticipate that the Festival will be held on Saturday, October 4, 2014. This Agreement will terminate upon completion of Post-Event Evaluation, Summary and Appreciation activities following the Festival, which the Parties expect to be completed within five (5) weeks of the Festival. II. MISCELLANEOUS A. Amendments This Agreement may be amended only upon execution of an amendment by both of the Parties hereto. B. Indemnification of the City The CCA shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of CCA’s performance of this Agreement. CCA shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, 5 employees, servants, volunteers and agents (hereinafter referred to as “City Parties”) from and against any and all claims, injuries, suits, actions, judgments, 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 be the result of willful, negligent or tortious conduct arising out of CCA’s performance of this Agreement or operations by the CCA, any CCA contractor, anyone directly or indirectly employed by the CCA or a CCA contractor or anyone for whose acts the CCA or a CCA contractor may be liable. 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 or representative of the CCA, any CCA contractor, anyone directly or indirectly employed by the CCA or a CCA contractor or anyone for whose acts the CCA or a CCA contractor 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 CCA or any CCA contractor 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. C. Insurance The CCA 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 this Agreement by CCA, its agents, representatives, employees or contractors. Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. The City and City Parties are to be covered as additional insureds in such policies. Further, during the term of this Agreement, 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. CCA shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this Article. The certificate of insurance and endorsements shall be on a form utilized by CCA'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 CCA shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. D. Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavit – 6 Pursuant to O.C.G.A. § 13-10-91(b)(5), and as it is the City’s understanding that CCA has no employees and does not intend to hire any employees for the purpose of performance of this Agreement, CCA must provide a copy of the state issued driver’s license or state issued identification card (from a state approved by Georgia’s Attorney General) of an individual authorized to act on behalf of CCA and a copy of the state issued driver’s license or identification card (from a state approved by Georgia’s Attorney General) of each independent contractor utilized in the satisfaction of part or all of this Agreement (provided that no vendor shall be deemed to be an employee or independent contractor of CCA or of the City, as such vendors are not required to provide any service to the CCA or the City and are simply authorized to participate as a vendor in the Festival). In the event CCA later determines that it will hire employees to satisfy or complete the physical performance of services under this Agreement, it shall first be required to comply with the affidavit requirements described in O.C.G.A. § 13-10- 91. E. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the CCA in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that evaluation of the Project is complete. (b) All costs shall be supported by properly executed invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All 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 CCA shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The CCA will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, or data relating to all matters covered b y this Agreement. F. Conflicts of Interest 7 CCA 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. G. Confidentiality CCA 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 contractors and/or staff/volunteers to likewise protect such confidential information. The CCA agrees that confidential information it receives or such reports or information that CCA 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 CCA shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. CCA acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Record’s Act. H. Authority to Contract The CCA covenants and declares that it has obtained all necessary approvals of its board of directors or similar authority to simultaneously execute and bind CCA to the terms of this Agreement, if applicable. Ratification of the agreement by a majority of the board of commissioners shall be authority for the Chairman to execute this Agreement on behalf of the board but shall not preclude execution by the full board. I. 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 CCA agrees that, during performance of this Agreement, CCA, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any contractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, CCA agrees to comply with all applicable implementing regulations and shall include the provisions of this Section II(I) in every contract for services contemplated under this Agreement. III. TERMINATION The City shall have the right to terminate this Agreement for convenience by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. Upon termination, the CCA shall promptly discontinue all work that would incur additional liability or obligation on the City, unless the notice directs otherwise. The rights and remedies of the City and CCA provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity, including but not limited to the right to terminate this Agreement for cause. 8 IV. 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 CCA 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 CCA or successor or on any obligation under the terms of this Agreement. Likewise, CCA’s performance of services under this Agreement shall not subject CCA’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against CCA or the City, respectively, and not against any employee, officer, director, or elected or appointed official. V. 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. VI. SUCCESSORS AND ASSIGNS; 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. VII. APPLICABLE LAW 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. VIII. 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 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. IX. NOTICES A. Communications Relating to Day-to-Day Activities 9 All communications relating to the day-to-day activities concerning the Project shall be exchanged between __________ for the City and ___________ for CCA. 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 day after the postmark date when mailed by certi fied 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, Angela Thompson City of Milton NOTICE TO THE CCA shall be sent to: Ashley Blencoe 765-B Mid Broadwell Rd. Milton, GA 30004 Future changes in address shall be effective only upon written notice being given by the City to CCA or by CCA to City Manager via one of the delivery methods described in this Section. XIV. WAIVER OF AGREEMENT No failure by the Parties to enforce any right or power granted under this Agreement, or to insist upon strict compliance with this Agreement, and no custom or practice of the Parties at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the Parties’ right to demand exact and strict compliance with the terms and conditions of this Agreement. XV. 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. XVI. 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. 10 XVII. FORCE MAJEURE Neither the City nor CCA 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 CCA; (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 of this Agreement shall be renegotiated in good faith between the Parties to reasonably account for such circumstances, and all other obligations shall remain intact. IN WITNESS WHEREOF the City and CCA have executed this Agreement effective as of the date the last Party executes this Agreement. [SIGNATURES ON FOLLOWING PAGE] CCA: ___________________________________ By: _____________________________ Its: _____________________________ [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public 11 [NOTARY SEAL] My Commission Expires: ________________________ CITY OF MILTON ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ W HOME OF ' ESTAI3L1SHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2014 FROM: City Manager AGENDA ITEM: Proclamation MDA City of Milton Firefighter Appreciation. MEETING DATE: Monday, May 5, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (XAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES (YNO CITY ATTORNEY REVIEW REQUIRED. () YES kNo APPROVAL BY CITY ATTORNEY O APPROVED O NOTAPPROVED PLACED ON AGENDA FOR. fl Som Iq REMARKS © your *** PHONE: 678.242.2500 1 FAX: 678.242.2499 ' Gree ; CSTryff infodcityofmiltonga.us I www.cityofmiltonga.us Cj0—IM 11Jn1#y Echis' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 `t�"` `° 5RD"z` �a MDA City of Milton Firefighter Appreciation WHEREAS, dedicated and selfless firefighters in Milton provide vital and lifesaving services to the citizens of their community; and WHEREAS, at a moment’s notice, these men and women risk their lives subduing fires and rescuing those trapped in infernos, as well as saving citizens from emergencies that could have been deadly situations; and WHEREAS, Georgia firefighters contribute significantly to the continued well-being of Georgians through their outstanding commitment to community service. Their sense of duty and responsibility is evidenced by their hundreds of volunteer hours in annual boot drives to collect funds to fight Muscular Dystrophy; and WHEREAS, firefighters in the City of Milton unselfishly donate their time and energy to supporting the Muscular Dystrophy Association, raising more than $416,000 over our eight year partnership; and WHEREAS, many of Milton’s most deserving citizens have benefited from the funds raised by firefighters in the “Fill-the-Boot” Campaign, and these public servants make invaluable contributions to our community in all the tasks they perform. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby proclaim April through September, as “MDA Firefighter Appreciation” time in the City of Milton and encourage all citizens of Milton, Georgia to recognize and support the efforts of these firefighters on behalf of MDA. Given under our hand and seal of the City of Milton, Georgia on this 5th day of May, 2014. _________________________ Mayor Joe Lockwood LTJ HOME OF' FS? ALITY M- 1 0 LT N ESTABLISF{ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2014 FROM: City Manager AGENDA ITEM: Proclamation Recognizing May as Mental Health Awareness Month MEETING DATE: Monday, May 5, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �APPROVED CITY ATTORNEY APPROVAL REQUI RED: O YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR REMARKS 44Zo4'-1 - O NOT APPROVED (�NO k NO {) NOT APPROVED © * Your PHONE: 678.242.2500 1 FAX: 678.242.2499 GC£n city u1 infoftityofmiltonga.us � www.cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 as Proclamation MENTAL HEALTH AWARENESS MONTH WHEREAS, mental health is essential to everyone’s overall health and well-being; and WHEREAS, all Americans experience times of difficulty and stress in their lives; and WHEREAS, promotion and prevention are effective ways to reduce the burden of mental health conditions; and WHEREAS, there is a strong body of research that supports user-friendly tools that all Americans can access to better handle challenges and protect their health and well-being; and WHEREAS, mental health conditions are real and prevalent in our nation; and WHEREAS, with effective treatment, those individuals with mental health conditions can recover and lead full, productive lives; and WHEREAS, each business, school, government agency, faith-based organization, health care provider, and citizen has a responsibility to promote mental wellness and support prevention efforts. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton hereby recognize and proclaim May as MENTAL HEALTH AWARENESS MONTH and urge all citizens, government agencies, public and private institutions, businesses and schools to commit our community to increasing awareness and understanding of mental health, and FURTHER, acknowledge the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people with mental health conditions. Given under my hand and Seal of the City of Milton, Georgia on this 5th day of May, 2014. ____________________________________ Joe Lockwood, Mayor HOME OF' I L'T'O N' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2014 FROM: City Manager AGENDA ITEM: Presentation of the City of Milton FY 2013 Annual Audit MEETING DATE: Monday, May 5, 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: O YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR., os -05-14 REMARKS O NOT APPROVED (YNO O—NO O NOT APPROVED ® '{' You *** PHONE: 578.242.25001 FAX: 678.242.2499GIr�bn ;.cn C'[fLed infofcityofmiltonga.us I www.cityoWffonga.us Community E,h,cs 1 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 lec�` City of Milton, Georgia Annual Audit Agenda September 30, 2013 Presented by: Adam M. Fraley, CPA CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 1 PURPOSE OF ANNUAL AUDIT AGENDA  Engagement Team and Firm Information.  Overview of: o Audit Opinion; o Financial Statements, Footnotes and Supplementary Information; o Compliance Reports.  Required Communications under Government Auditing Standards.  Accounting Recommendations and Related Matters.  Answer Questions. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 2 MAULDIN & JENKINS – GOVERNMENTAL PRACTICE General Information:  Founded in 1920.  Large regional firm serving the Southeastern United States.  Offices located in Atlanta, Macon, Albany, Chattanooga, TN, Bradenton, FL and Birmingham, AL with firm governmental leadership positioned in the Atlanta (and Macon) office(s).  Approximately 280 personnel are employed at Mauldin & Jenkins. Governmental Sector:  Largest specific industry niche served by Firm representing 25% of Firm practice.  Serve more governmental entities in Georgia than any other certified public accounting firm requiring over 65,000 hours of service on an annual basis.  Approximately 80 professional staff persons with current governmental experience.  Current auditor for over 250 total governments in the Southeast, including approximately:  75 cities;  30 counties;  35 school systems (8 of the 10 largest in Georgia and 10 of the 30 largest in Georgia and Florida combined);  15 state entities; and,  95 special purpose entities (stand-alone business type entities, libraries, etc).  Serves 67 governments receiving the GFOA’s Certificate of Achievement for Excellence in Financial Reporting.  Auditor of a substantial part of the State of Georgia including: approximately 25% of the State’s general fund; 13 of the State of Georgia’s component units; and 2 State of Alabama entities. Engagement Team Leaders for the City of Milton, Georgia Include:  Adam Fraley – Engagement Lead Partner – 17 years experience, 100% governmental  Tim Lyons – Engagement Manager – 5 years experience, 100% governmental CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 3 MAULDIN & JENKINS – ADDITIONAL INFOMATION Other Industries & Services by Mauldin & Jenkins: Each of Mauldin & Jenkins’ offices provides a wide variety of services to a broad range of clientele. We have partners and managers who are responsible for specialized practice areas of auditing and accounting, taxes and management advisory services. Their purpose, as leaders in the particular practice area, is to establish policies with respect to technical matters in these specific areas and ensure that the quality of the Firm's practice is maintained. Industries Served: Over the years our partners have developed expertise in certain industries representative of a cross section of the Georgia economy, including:  Governmental Entities (state entities, cities, counties, school systems, business type operations, libraries, and other special purpose entities)  SEC Registrants  Wholesale Distribution  Agri-Businesses  Manufacturing  Professional Services  Employee Benefit Plans  Financial Institutions (community banks, savings & loans, thrifts, credit unions, mortgage companies, and finance companies)  Non-Profit Organizations  Retail Businesses  Long-term Healthcare  Construction & Development  Individuals, Estates and Trusts  Real Estate Management Services Provided: This diversity of practice enables our personnel to experience a wide variety of business, accounting and tax situations. We provide the traditional and not-so-traditional services such as:  Financial Audit / Review / Compilation  Compliance Audits & Single Audits  Agreed-Upon Procedures  Forensic Audits  Bond Issuance Services  Performance Audits  State Sales Tax Matters  International Tax Matters  Business & Strategic Planning  Profitability Consulting  Budgeting  Buy-Sell Agreements & Business Valuation Issues  Income Tax Planning & Preparation  Multi-State Income Tax Issues  Information Systems Consulting  Cost Accounting Analysis  Healthcare Cost Reimbursement  Outsourced Billing Services  Fixed Asset Inventories  Succession & Exit Strategy Consulting  Estate Planning  Management Information Systems  Employee Benefit Plan Administration  Merger / Acquisition & Expansion Financing CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 4 INDEPENDENT AUDITOR’S REPORT The standard independent auditor’s report for governmental units has specific sections of significance to readers of the financial report. Management’s Responsibility for the Financial Statements The financial statements are the responsibility of management. Auditor’s Responsibility Our responsibility, as external auditors, is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We planned and performed our audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. Opinion We have issued an unmodified audit report (i.e., “clean opinion”). The financial statements are considered to present fairly the financial position and results of operations as of, and for the year ended September 30, 2013. Emphasis of Matter The financial statements reflect the implementation of certain new pronouncements, and our opinions are not modified with respect to them. Other Matters Certain required supplementary information and other information is included in the financial report, and as directed by relevant auditing standards, we have not expressed an opinion or provided any assurance on the respective information. Other Reporting Government Auditing Standards require auditors to issue a report on our consideration of internal control over financial reporting and on our tests of compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. We have issued such a report and reference to this report is included in the independent auditor’s report. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 5 REVIEW OF COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) General Information About the CAFR Since its inception, the management of the City has elected to prepare a Comprehensive Annual Financial Report. A Comprehensive Annual Financial Report (also known as a “CAFR”) goes beyond the normal financial reporting required by accounting principles generally accepted in the United States. A CAFR includes at a minimum the following elements/sections:  Introductory Section: general information on the City’s structure and the services it provides.  Letter of Transmittal  Organizational Chart  Directory of Officials  Certificate of Achievement for Excellence in Financial Reporting  Financial Section: basic financial statements, footnotes and required supplementary information along with the auditor’s report.  Independent Auditor’s Report  Management Discussion & Analysis (MD&A)  Financial Statements and Footnotes  Statistical Section: broad range of financial, demographic information useful in assessing the City’s economic condition, and this information covers multiple years.  Financial Trends Information  Revenue Capacity Information  Debt Capacity Information  Operating Information In the end, a CAFR goes far beyond the basic requirements of annual financial reporting, and the City should be commended for going beyond the minimum and providing such a report. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 6 REVIEW OF COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Recognition and Award Once completed, the fiscal year 2012 CAFR was submitted to the Government Finance Officers Association (GFOA) for determination if the report would merit the GFOA’s Certificate of Achievement for Excellence in Financial Reporting. We are happy to inform everyone that the GFOA did indeed review the CAFR and awarded the City with the sought after Certificate. The GFOA Certificate has been made a part of the City’s 2013 fiscal year CAFR, and is included in the Introductory Section. The City is one of only a select group of governments in the State of Georgia that elect to report at such a high level and who obtain this distinguished award. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 7 OVERVIEW OF FINANCIAL STATEMENTS The City’s basic financial statements include three components: (1) government-wide financial statements; (2) fund financial statements; and (3) notes to the financial statements. The government-wide financial statements provide a broad overview of all of the City’s funds. The Statement of Net Position presents information on all assets and liabilities of the City, with the difference between the two reported as net position. The Statement of Activities presents information showing how the City’s net position changed during the most recent fiscal year. Revenues are categorized as program revenues or general revenues. Expenses are categorized by function. The fund financial statements more closely resemble the financial statements as presented prior to the adoption of GASB Statement No. 34. All of the funds of the City can be divided into two (2) categories: governmental funds and fiduciary funds. General Fund Of primary interest to the City is the General Fund, which accounts for the majority of revenues received and funds expended in the operations of the City, including general government activities, judicial, public safety, public works, culture & recreation and community development. Additionally, the City reports capital outlays and debt service as separate line items in the financial statements. The following charts present the sources of revenues and the expenditures of the General Fund for the fiscal year ended September 30, 2013: CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 8 Total General Fund revenues for the fiscal year ended September 30, 2013 were $19,911,470. Revenues of the prior year were $19,427,166. The most significant variances were an increase in property tax revenues of approximately $150,000, and an increase in licenses and permits revenue of approximately $185,000. The following charts show general fund revenue trends for the past five (5) fiscal years: Total expenditures during the year ended September 30, 2013 were $13,924,523. Expenditures of the prior year were $13,636,682. The most significant variances were an increase in public safety expenditures of approximately $450,000, an increase in culture and recreation expenditures of approximately $380,000 and a decrease in debt service expenditures of approximately $715,000. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 9 More detailed explanations of variances can be found in the Management’s Discussion and Analysis section of the financial statements. An analysis of General Fund revenues and expenditures for each of the last five fiscal years is as follows. It should be noted that other financing sources, such as transfers in and proceeds of debt, are included with the revenues. Other financing uses, such as transfers out, are included with the expenditures. Fund balance of the General Fund at September 30, 2013 was $9,527,275, a decrease from the prior year of $611,999. It is important to note that fund balance does not necessarily equate to funds on hand available to spend. Fund balance is the difference between assets and liabilities, only some of which is cash and investments. Additionally, certain amounts of fund balance are nonspendable (2.93%) or assigned by the City for specific purposes (13.62%). This leaves the remaining 83.45% of the City’s fund balance at September 30, 2013 as unassigned and therefore available for spending. Other Governmental Funds The City also maintains four (4) special revenue funds. These funds account for revenues derived from specific sources which are legally restricted to finance particular functions or activities. Capital projects funds are used to account for revenues and expenditures related to the renovation and/or construction of major capital assets. Two (2) capital projects funds are maintained by the City. Fiduciary Funds The City also maintains one agency fund – the Municipal Court which is used to account for the collection and disbursement of cash appearance bonds by the City. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 10 REVIEW OF FINANCIAL STATEMENTS & FOOTNOTES Statement of Net Position The City’s governmental activities net position increased from $61,845,638 to $67,550,945. This change is reconciled on the City’s “Statement of Activities.” In reference to the City’s net position, it is important to note that $47,155,163 of total net position is reported as net investment in capital assets which is the net book value of the City’s capital assets reduced by the outstanding balance of debt used to acquire those assets. While the City is reflecting total net position of $67,550,945, it reflects unrestricted net position of $19,501,111 at September 30, 2013. This unrestricted net position is reconciled on the City’s “Statement of Activities.” Statement of Activities This statement reflects the net costs of providing governmental activities on the full accrual basis of accounting and reconciles to the statement of net position. Footnotes Note 1 - Accounting Policies This footnote discusses the overall organization of the City and the nature of its operations. This note also discloses pertinent information regarding the governing body of the City. This footnote continues by sharing with a reader of the financial statements the significant accounting policies and principles utilized in the preparation of the financial statements. Note 2 - Reconciliation of Government-wide Financial Statements and Fund Financial Statements This footnote provides additional detailed information that is not already shown within the financial statements themselves, on the differences between the City’s fund level financial statements and its government-wide financial statements. Note 3 - Legal Compliance - Budgets This footnote discloses the City’s procedures in establishing its annual budget. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 11 Footnotes (continued) Note 4 - Deposits This disclosure addresses common deposit risks related to custodial credit risk. Note 5 - Receivables This footnote discloses the City’s property tax calendar and detailed information on various receivable (and allowances for doubtful receivables) balances. Note 6 - Capital Assets This footnote discloses the City’s capital asset activity and its related accumulated depreciation for the period. Note 7 - Long-Term Debt This footnote discloses the City’s long-term debt activity for the period, and other information and maturities for this long-term debt. Note 8 - Interfund Receivables, Payables, and Transfers This footnote discloses detailed information on the City’s interfund balances and transfers and the purpose of these balances and transactions. Notes 9 - Commitments and Contingent Liabilities This footnote discloses the contingencies from potential litigation, claims, and assessments filed against the City and significant contractual commitments of the City at year end. Notes 10 - Defined Benefit Pension Plan This footnote discloses the details of the City’s Defined Benefit Plan, including funding policies and the amount of required contributions as compared to actual contributions. Notes 11 - Defined Contribution Pension Plan This footnote discloses the details of the City’s Defined Contribution Plan. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 12 Footnotes (continued) Notes 12 - Joint Ventures This footnote discloses the City’s relationships with the Atlanta Regional Commission and the North Fulton Regional Radio System Authority. Note 13 - Hotel/Motel Lodging Tax This footnote discloses the City’s tax rate for hotel/motel taxes, along with the amounts and nature of these revenues and expenditures. Note 14 - Risk Management This footnote discloses the City’s various risks of loss and the measures the City has taken to mitigate those potential losses. COMPLIANCE REPORTS The financial report package contains two (2) compliance reports. Yellow Book Report - The first compliance report is a report on our tests of the City’s internal controls and compliance with laws, regulations, etc. The tests of internal controls were those we determined to be required as a basis for designing our financial statement auditing procedures. Such tests also considered the City’s compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. In accordance with the respective standards, the report is not intended to provide an opinion, but to provide a form of negative assurance as to the City’s internal controls and compliance with applicable rules and regulations. Single Audit Report - The second compliance report is a report on our tests of the City’s internal controls and compliance with laws, regulations, etc. relative to certain Federal grant programs and the respective expenditures. In accordance with the respective standards, we did provide an unqualified (or positive) opinion on the City’s compliance based on our audit. However, we were not required to provide an opinion on the relevant internal controls, but to provide a form of negative assurance on such controls. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 13 REQUIRED COMMUNICATIONS The Auditor’s Responsibility Under Auditing Standards Generally Accepted in the United States of America Our audit of the financial statements of the City for the period ended September 30, 2013, was conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards issued by the Comptroller General of the United States. Those standards require we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether caused by error, fraudulent financial reporting or misappropriation of assets. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. Accordingly, the audit was designed to obtain reasonable, rather than absolute, assurance about the financial statements. We believe our audit accomplishes that objective. In accordance with Government Auditing Standards, we have also performed tests of controls and compliance with laws and regulations that contribute to the evidence supporting our opinion on the financial statements. However, they do not provide a basis for opining on the City’s internal control or compliance with laws and regulations. Accounting Policies Management has the ultimate responsibility for the appropriateness of the accounting policies used by the City. The City implemented GASB Statements No. 63 and 65 during the fiscal year ended September 30, 2013 which established the concept of net position of the residual of all other financial statement elements and changed the classification of certain amounts as reported in the financial statements. There are also new accounting standards which will be required to be implemented in the coming years. These are discussed later in this document. In considering the qualitative aspects of the City’s accounting policies, we did not identify any significant or unusual transactions or significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. The City’s policies relative to the timing of recording of transactions are consistent with GAAP and typical government organizations. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 14 Management Judgments and Accounting Estimates Accounting estimates are an integral part of the preparation of financial statements and are based upon management’s current judgment. The process used by management encompasses their knowledge and experience about past and current events and certain assumptions about future events. Management has informed us they used all the relevant facts available to them at the time to make the best judgments about accounting estimates and we considered this information in the scope of our audit. We considered this information and the qualitative aspects of management’s calculations in evaluating the City’s significant accounting estimates. Estimates significant to the financial statements include such items as the estimated historical value of donated infrastructure and other capital assets, the estimated lives of capital assets, and the estimated allowance for doubtful accounts receivables. Financial Statement Disclosures The footnote disclosures to the financial statements are also an integral part of the financial statements. The process used by management to accumulate the information included in the disclosures was the same process used in accumulating the financial statements and the accounting policies described above are included in those disclosures. The overall neutrality, consistency, and clarity of the disclosures was considered as part our audit and in forming our opinion on the financial statements. Significant Difficulties Encountered in Performing the Audit We encountered no difficulties in dealing with management relating to the performance of the audit. Audit Adjustments During our audit of the City’s basic financial statements as of and for the period ended September 30, 2013, we recorded a number of audit adjustments. These adjustments have been delivered to and discussed with management. Additionally, we have provided these adjustments as an attachment to this document for your review and discussion. Uncorrected Misstatements We had no uncorrected audit adjustments. Disagreements with Management We encountered no disagreements with management over the application of significant accounting principles, the basis for management’s judgments on significant matters, the scope of the audit or significant disclosures to be included in the financial statements. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 15 Representation from Management We requested written representations from management relating to the accuracy of information included in the financial statements and the completeness and accuracy of various information requested by us, during the audit. Management provided those written representations without a problem. Management’s Consultations with Other Accountants We are not aware of any consultations management had with other accountants about accounting or auditing matters. Significant Issues Discussed with Management There were no significant issues discussed with management related to business conditions, plans, or strategies that may have affected the risk of material misstatement of the financial statements. We are not aware of any consultations management had with us or other accountants about accounting or auditing matters. No major issues were discussed with management prior to our retention to perform the aforementioned audit. Other Information in Documents Containing Audited Financial Statements We are not aware of any other documents that contain the audited basic financial statements. If such documents were to be published, we would have a responsibility to determine that such financial information was not materially inconsistent with the audited statements of the City. Independence We are independent of the City, and all related organizations, in accordance with auditing standards promulgated by the American Institute of Public Accountants and Government Auditing Standards, issued by the Comptroller General of the United States. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 16 ACCOUNTING RECOMMENDATIONS AND RELATED MATTERS Recommendations for Improvement During our audit of the financial statements as of and for the period ended September 30, 2013, we noted areas within the accounting and internal control systems that we believe can be improved and that management should consider as part of its decision making process. Our recommendations (also commonly referred to as management points) are presented in the following paragraphs. We believe consideration of these recommendations will help provide proper control over financial activities, and add effectiveness and efficiency to overall operations. Management Points We have discussed various matters with management pertaining to operations and controls including, but not limited to: 1) During our testing of manual journal entries, we noted the City approves journal entries electronically. We recommend the City implement proper system access controls in order to limit the number of individuals who are able to approve and post journal entries. Other Matters for Communication to the Board and Management During our audit of the financial statements as of and for the year ended September 30, 2013, we noted other matters which we wish to communicate to you in an effort to keep the City abreast of accounting matters that could present challenges in financial reporting in future periods. 1) New Governmental Accounting Standards Board (GASB) Pronouncements As has been the case for the past 10 years, GASB has issued several other new pronouncements which will be effective in future years. The following is a brief summary of the new standards: a) Statement No. 60, Accounting and Financial Reporting for Service Concession Arrangements was effective for fiscal year ending September 30, 2013. This statement addresses arrangements where a transferor conveys to an operator the right, and related obligation, to provide public services through the use and operation of a capital asset in exchange for significant consideration. The City should: apply certain due diligence to addressing the potential for restatements relative to the pronouncements; review various agreements previously entered into by the City; and, determine the potential effects from adopting the requirements of this pronouncement. The provisions of this pronouncement generally are required to be applied retroactively for all periods presented. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 17 b) Statement No. 61, The Financial Reporting Entity: Omnibus (An Amendment to GASB No.’s 14 and 34) was effective for fiscal year ending September 30, 2013. This standard addresses the concept and definition of a component unit. This new statement raises the bar for an entity to be included in another primary government’s financial statements. Additionally, the criteria determining whether a component unit should be blended or discretely presented has changed significantly, most notably that if it is expected that the primary government will repay substantially all of the component unit’s debt, then the component unit should be blended. This statement also addresses the recognition of joint venture arrangements with other governmental units. The City should apply certain due diligence to addressing the potential effects from adopting the requirements of this pronouncement. c) Statement No. 62, Codification of Accounting and Financial Reporting Guidance Contained in Pre-November 30, 1989 FASB and AICPA Pronouncements was effective for fiscal year ended September 30, 2013. The provisions of this pronouncement generally are required to be applied retroactively for all periods presented. FASB has adopted a new codification and its original pronouncements are considered to be non-authoritative. This standard identifies those provisions in FASB Statements & Interpretations, APB Opinions, ARB’s, and AICPA Accounting Interpretations issued before November 30, 1989 that are applicable to state and local governmental entities and incorporated into the GASB’s literature. GASB Statement No. 20 is superseded by this statement. Matters of significance to the City that are specifically addressed in this new standard include:  Capitalization of interest costs  Statement of net asset’s classifications  Special and extraordinary items  Comparative financial statements  Related party activities, transactions and relationships  Prior period adjustments and restatements  Accounting changes and error corrections  Contingencies  Extinguishment of debt  Troubled debt restructuring  Inventory  Leases (capital, operating, etc.)  Sales of real estate  Real estate projects  Research and development arrangements  Mortgage banking activities  Regulated operations CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 18 d) Statement No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position was effective for fiscal year ended September 30, 2013. This statement is intended to improve financial reporting by providing citizens and other users of state and local government financial reports with information about how past transactions will continue to impact a government’s financial statements in the future. This statement provides a new statement of net position format to report all assets, deferred outflows of resources, liabilities, deferred inflows of resources, and net position (which is the net residual amount of the other elements or “equity”). This statement of net position replaces what was previously presented as the statement of net assets and does not change the title of the governmental fund balance sheet or fund balance. This statement requires that deferred outflows of resources and deferred inflows of resources be reported separately from assets and liabilities. A deferred outflow of resources is a consumption of net assets that is applicable to a future reporting period. An example of a deferred outflow of resources is a government’s hedging interest rate swap agreement in which the fair value becomes negative. If the hedge is determined to be effectively offsetting the changes in fair value of the debt, the decrease in the fair value of the derivative instrument would be reported as a liability with a corresponding deferred outflow of resources to reflect the fact that this decrease is not expected to be recognized in investment income in future periods. A deferred inflow of resources is an acquisition of net assets that is applicable to a future reporting period. An example of a deferred inflow of resources is a service concession arrangement that involves a public toll road. If the government receives an up-front payment from an operator, the revenue associated with that payment will be recognized in future years because the arrangement that generated the up-front payment relates to those periods. Statement No. 63 also amends certain provisions of Statement No. 34, Basic Financial Statements—and Management’s Discussion and Analysis—for State and Local Governments, and related pronouncements to reflect the residual measure in the statement of financial position as net position, rather than net assets and to include deferred amounts in the major fund calculation with assets or liabilities, as applicable. A further breakdown of the change in the balance sheet presentation to the new statement of net position is as follows: CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 19 Assets: Liabilities: Current: Current: Cash $ xxx Accounts Payable $ xxx Accounts Receivable xxx Accrued Expenses xxx Inventory xxx Bonds Payable xxx Prepaids xxx Notes Payable xxx $ xxx $ xxx Non-current: Non-current: Capital Assets $ xxx Bonds Payable $ xxx Accumulated Depreciation xxx Notes Payable xxx $ xxx $ xxx Total Assets $ xxx Total Liabilities $ xxx Deferred Outflows: Deferred Inflows: Grants Paid in Advance Grants Received in Advance of Timing Requirements $ xxx of Timing Requirements $ xxx Total Deferred Outflows $ xxx Taxes Received in Advance xxx Total Deferred Inflows $ xxx Net Position: Net Investment in Capital Assets $ xxx Restricted xxx Unrestricted xxx Net Position $ xxx e) Statement No. 65, Items Previously Reported as Assets and Liabilities will be effective for fiscal years beginning after December 15, 2012; however, the City opted to early implement this standard for its fiscal year ended September 30, 2013 as was encouraged by the GASB as this standard goes along with the previously discussed Statement 63. GASB Concepts Statement No. 4, Elements of Financial Statements, and Statement 63 specify that recognition of deferred outflows and deferred inflows should be limited to those instances specifically identified in authoritative GASB pronouncements. Consequently, guidance was needed to determine which balances being reported as assets and liabilities should actually be reported as deferred outflows of resources or deferred inflows of resources, according to the definitions in Concepts Statement 4. Based on those definitions, Statement 65 reclassifies certain items currently being reported as assets and liabilities as deferred outflows of resources and deferred inflows of resources. In addition, this Statement recognizes certain items currently being reported as assets and liabilities as outflows of resources (expense) and inflows of resources (revenue). CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 20 Examples of these changes are as follows: Reclassifying certain assets to be deferred outflows of resources: - Grants paid in advance of meeting time requirements; - Deferred amounts from refunding of debt (debits); - Costs to acquire rights to future revenues; - Deferred losses from sale-leasebacks; Reclassifying certain liabilities to be deferred inflows of resources: - Grants received in advance of meeting time requirements; - Taxes received in advance; - Deferred amounts from refunding of debt (credits); - Proceeds from sales of future revenues; - Deferred gains from sale-leasebacks; - “Unavailable” revenue in governmental funds. Recognizing certain assets as outflows (expenses): - Debt issuance Costs (other than bond insurance); - Initial costs incurred by lessor in an operating lease; - Loan origination costs (by entities in the lending business); - Costs to acquire loans. Recognizing certain assets as inflows (revenues): - Loan origination fees, excluding points (by entities in the lending business); - Commitment fees (after exercise or expiration); - Fees received for sales of loans. f) Statement No. 66, Technical Corrections – 2012 will be effective for fiscal years beginning after December 15, 2012 resulting in the City’s fiscal year ending September 30, 2014. This pronouncement amends Statement No. 10, Accounting and Financial Reporting for Risk Financing and Related Insurance Issues, by removing the provision that limits fund-based reporting of a state and local government’s risk financing activities to the general fund and the internal service fund type. As a result, governments would base their decisions about governmental fund type usage for risk financing activities on the definitions in Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 21 This Statement also amends Statement No. 62, Codification of Accounting and Financial Reporting Guidance Contained in Pre-November 30, 1989 FASB and AICPA Pronouncements, by modifying the specific guidance on accounting for: (1) operating lease payments that vary from a straight-line basis; (2) the difference between the initial investment (purchase price) and the principal amount of a purchased loan or group of loans; and, (3) servicing fees related to mortgage loans that are sold when the stated service fee rate differs significantly from a current (normal) servicing fee rate. These changes would eliminate any uncertainty regarding the application of Statement No. 13, Accounting for Operating Leases with Scheduled Rent Increases, and result in guidance that is consistent with the requirements in Statement No. 48, Sales and Pledges of Receivables and Future Revenues and Intra-Entity Transfers of Assets and Future Revenues, respectively. g) Statement No. 67, Financial Reporting for Pension Plans will be effective for fiscal years beginning after June 15, 2013 resulting in the City’s fiscal year ending September 30, 2014. This pronouncement replaces the requirements of Statement No. 25, Financial Reporting for Defined Benefit Pension Plans and Note Disclosures for Defined Contribution Plans and Statement 50 as they relate to pension plans that are administered through trusts or similar arrangements meeting certain criteria. Statement No. 67 builds upon the existing framework for financial reports of defined benefit pension plans, which includes a statement of fiduciary net position (the amount held in a trust for paying retirement benefits) and a statement of changes in fiduciary net position. Statement No. 67 enhances note disclosures and RSI for both defined benefit and defined contribution pension plans. Statement No. 67 also requires the presentation of new information about annual money-weighted rates of return in the notes to the financial statements and in 10-year RSI schedules. The changes noted above by Statement No. 67 are significant to pension plans, and we strongly encourage City officials to review the actual pronouncement and consider the potential effects on the financial reporting of the City. h) Statement No. 68, Accounting and Reporting for Pensions will be effective for fiscal years beginning after June 15, 2014 resulting in the City’s fiscal year ending September 30, 2015. This pronouncement replaces the requirements of Statement No. 27, Accounting for Pensions by State and Local Governmental Employers and Statement No. 50, Pension Disclosures, as they relate to governments that provide pensions through pension plans administered as trusts or similar arrangements that meet certain criteria, including agent and cost-sharing multiple employer plans. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 22 Statement No. 68 requires governments providing defined benefit pensions to recognize their long-term obligation for pension benefits as a liability for the first time, and to more comprehensively and comparably measure the annual costs of pension benefits. Relative to the City and using values reported in the Actuarial Valuation and Review as of January 1, 2013 (shown in the required supplementary information), the unfunded actuarial liability of the City’s pension plan would be recorded in the statement of net position in the amount of approximately $312,196 which would reduce net position (or equity) by the same amount. The Statement also enhances accountability and transparency through revised and new note disclosures and required supplementary information (RSI). Defined Benefit Pension Plans. Statement No. 68 requires governments that participate in defined benefit pension plans to report in their statement of net position a net pension liability. The net pension liability is the difference between the total pension liability (the present value of projected benefit payments to employees based on their past service) and the assets (mostly investments reported at fair value) set aside in a trust and restricted to paying benefits to current employees, retirees, and their beneficiaries. Statement No. 68 calls for immediate recognition of more pension expense than is currently required. This includes immediate recognition of annual service cost and interest on the pension liability and immediate recognition of the effect on the net pension liability of changes in benefit terms. Other components of pension expense will be recognized over a closed period that is determined by the average remaining service period of the plan members (both current and former employees, including retirees). These other components include the effects on the net pension liability of: (1) changes in economic and demographic assumptions used to project benefits; and, (2) differences between those assumptions and actual experience. Lastly, the effects on the net pension liability of differences between expected and actual investment returns will be recognized in pension expense over a closed five-year period. Statement No. 68 requires cost-sharing employers to record a liability and expense equal to their proportionate share of the collective net pension liability and expense for the cost- sharing plan. The Statement also will improve the comparability and consistency of how governments calculate the pension liabilities and expense. These changes include:  Projections of Benefit Payments. Projections of benefit payments to employees will be based on the then-existing benefit terms and incorporate projected salary changes and projected service credits (if they are factors in the pension formula), as well as projected automatic postemployment benefit changes (those written into the benefit terms), including automatic cost-of-living-adjustments (COLAs). For the first time, projections also will include ad hoc postemployment benefit changes (those not written into the benefit terms), including ad hoc COLAs, if they are considered to be substantively automatic. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 23  Discount Rate. The rate used to discount projected benefit payments to their present value will be based on a single rate that reflects (a) the long-term expected rate of return on plan investments as long as the plan net position is projected under specific conditions to be sufficient to pay pensions of current employees and retirees and the pension plan assets are expected to be invested using a strategy to achieve that return; and (b) a yield or index rate on tax-exempt 20- year, AA-or-higher rated municipal bonds to the extent that the conditions for use of the long-term expected rate of return are not met.  Attribution Method. Governments will use a single actuarial cost allocation method – “entry age,” with each period’s service cost determined as a level percentage of pay. Note Disclosures and Required Supplementary Information. Statement No. 68 also requires employers to present more extensive note disclosures and RSI, including disclosing descriptive information about the types of benefits provided, how contributions to the pension plan are determined, and assumptions and methods used to calculate the pension liability. Single and agent employers will disclose additional information, such as the composition of the employees covered by the benefit terms and the sources of changes in the components of the net pension liability for the current year. A single or agent employer will also present RSI schedules covering the past 10 years regarding:  Sources of changes in the components of the net pension liability  Ratios that assist in assessing the magnitude of the net pension liability  Comparisons of actual employer contributions to the pension plan with actuarially determined contribution requirements, if an employer has actuarially determined contributions. Cost-sharing employers also will present the RSI schedule of net pension liability, information about contractually required contributions, and related ratios. Defined Contribution Pensions. The existing standards for governments that provide defined contribution pensions are largely carried forward in this new statement. These governments will recognize pension expenses equal to the amount of contributions or credits to employees’ accounts, absent forfeited amounts. A pension liability will be recognized for the difference between amounts recognized as expense and actual contributions made to a defined contribution pension plan. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 24 Special Funding Situations. Certain governments are legally responsible for making contributions directly to a pension plan that is used to provide pensions to the employees of another government. For example, a state is legally required to contribute to a pension plan that covers local school districts’ teachers. In specific circumstances called special funding situations, the Statement requires governments that are non-employer contributing entities to recognize in their own financial statements their proportionate share of the other governmental employers’ net pension liability and pension expense. i) The changes noted above by Statement No. 68 are significant to Governments who sponsor retirement plans, and we strongly encourage City officials to review the actual pronouncement and consider the potential effects on the financial reporting of the City. j) Statement No. 69, Government Combinations and Disposals of Government Operations will be effective for periods / fiscal years for years beginning after December 15, 2013 resulting in the City’s fiscal year ending September 30, 2015. This pronouncement primarily applies to governments involved in some form of mergers, acquisitions, transfers of operations or disposal of operations. Unless the City enters into any agreements whereby such actions are anticipated, this pronouncement should not effect the City. k) Statement No. 70, Accounting and Financial Reporting for Non-exchange Financial Guarantees will be effective for fiscal years beginning after June 15, 2013 resulting in the City’s fiscal year ending September 30, 2014. City officials should review the provisions of this new pronouncement and determine if the City is a party to any form of non-exchange guarantees. If the City has ever entered into any currently active guarantee agreements, the City may be required to record certain accounting entries and, or disclose relevant details surrounding the guarantees. Summations of Thoughts Noted Above We believe the implementation of these suggestions will enhance both the control environment and the financial reporting process, making both more effective. We also believe these recommendations can be easily implemented, and all problems resolved quite timely should management elect to employ the corrective measures. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 25 FREE QUARTERLY CONTINUING EDUCATION AND NEWSLETTERS FOR GOVERNMENTAL CLIENTS Free Continuing Education. We provide free quarterly continuing education for all of our governmental clients. Each quarter we pick a couple of significant topics tailored to be of interest to governmental entities. In an effort to accommodate our entire governmental client base, we offer the sessions several times per quarter at a variety of client provided locations resulting in greater networking among our governmental clients. We normally see approximately 100 people per quarter. We obtain the input and services of experienced outside speakers along with providing the instruction utilizing our in-house professionals. We hope City staff and officials have been able to participate in this opportunity, and that it has been beneficial to you. Examples of subjects addressed in the past few quarters include: 1. American Recovery & Reinvestment Act (ARRA) information and issues; 2. GASB updates (several sessions); 3. Internal Controls Over Revenue and Cash Receipting; 4. Collateralization of Deposits and Investments; 5. SPLOST Accounting, Reporting and Compliance; 6. Internal Controls Over Accounts Payable, Payroll and Cash Disbursements; 7. Capital Asset Accounting Processes and Controls; 8. Grant Accounting Processes and Controls; 9. American Recovery & Reinvestment Act (ARRA) Updates; 10. Policies and Procedures Manuals; 11. Segregation of Duties; 12. GASB No. 51 – Intangible Assets; 13. Single Audits for Auditees; 14. GASB No. 54 – Governmental Fund Balance (subject addressed twice); 15. Best Budgeting Practices, Policies and Processes; 16. Internal Revenue Service (IRS) Compliance Issues, Primarily Payroll Matters; 17. CAFR Preparation (several times including a two (2) day hands-on course). 18. GASB No. 60, Service Concession Arrangements (webcast) 19. GASB No.’s 63 & 65, Deferred Inflows and Outflows (webcast) 20. GASB No. 61, the Financial Reporting Entity (webcast) Governmental Newsletters. We produce newsletters tailored to meet the needs of governments. The newsletters have addressed a variety of subjects and are intended to be timely in their subject matter. The newsletters are authored by Mauldin & Jenkins partners and managers, and are not purchased from an outside agency. The newsletters are produced and delivered periodically, and are intended to keep you informed of current developments in the government finance environment. Communication. In an effort to better communicate our free continuing education plans and newsletters, please email Lauren Payne at LPayne@mjcpa.com (send corresponding copy to AFraley@mjcpa.com), and provide to her individual names, mailing addresses, email addresses and phone numbers of anyone you wish to participate and be included in our database. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2013 Mauldin & Jenkins CPA’s, LLC Page 26 CLOSING We believe the implementation of these suggestions will enhance both the control environment and the financial reporting process, making both more effective. We also believe these recommendations can be easily implemented, and all problems resolved quite timely should management elect to employ the corrective measures. If you have any questions regarding any comments, suggestions or recommendations set forth in this memorandum, we will be pleased to discuss it with you at your convenience. This information is intended solely for the use of the City’s management, and others within the City’s organization and is not intended to be and should not be used by anyone other than these specified parties. We appreciate the opportunity to serve the City of Milton, Georgia and look forward to serving the City in the future. Thank you. 2/28/2014 11:53 AM Client:0301647 - City of Milton, Georgia Engagement:1647-13 - City of Milton, Georgia Period Ending:9/30/2013 Trial Balance:0200.100 - General Fund Trial Balance Workpaper:0204.100 - General Fund - Adjusting Journal Entries Report Account Description W/P Ref Debit Credit Adjusting Journal Entries JE # 1 PBC 100-0000-1119099 MISCELLANEOUS RECEIVABLE 2,900.00 100-7410- PROFESSIONAL FEES 2,900.00 Total 2,900.00 2,900.00 Adjusting Journal Entries JE # 2 PBC 100-3510- PROFESSIONAL FEES/MEDICAL DIRECTION 5,000.00 100-0000-1211099 MISCELLANEOUS PAYABLE 5,000.00 Total 5,000.00 5,000.00 Adjusting Journal Entries JE # 3 PBC 100-0000-1225010 REAL PROPERTY TAX 2008 35.20 100-0000-1225011 REAL PROPERTY TAX 2009 471.30 100-0000-1225012 DEFERRED REV/REAL PROP TAX 2010 13.35 100-0000-1225013 DEFERRED REV/REAL PROP TAX 2011 1,480.98 100-0000-1225014 DEFERRED REV/REAL PROP TAX 2012 13,618.89 100-0000-1225019 DEFERRED REV/PERSONAL PROP 2012 553.57 100-0000-1225020 DEFERRED REV/REAL PROP TAX 2013 7,067,585.09 100-0000-1225021 DEFERRED REV/PERSONAL PROP 2013 165,075.68 100-0000-3114000 PERSONAL PROP TAX-PRIOR Y 22.99 100-0000-1225018 DEFERRED REV/PERSONAL PROP 2011 22.99 100-0000-3111000 REAL PROPERTY CURRENT YR 7,067,585.09 100-0000-3112000 REAL PROPERTY PRIOR YEAR 13.35 100-0000-3112000 REAL PROPERTY PRIOR YEAR 35.20 100-0000-3112000 REAL PROPERTY PRIOR YEAR 471.30 100-0000-3112000 REAL PROPERTY PRIOR YEAR 1,480.98 100-0000-3112000 REAL PROPERTY PRIOR YEAR 13,618.89 100-0000-3113000 PERSONAL PROP TAX-CURRENT 165,075.68 100-0000-3114000 PERSONAL PROP TAX-PRIOR Y 553.57 Total 7,248,857.05 7,248,857.05 Adjusting Journal Entries JE # 4 PBC 100-0000-1115018 2010 REAL PROP TX RCVBLE 201.31 100-0000-1115020 2010 PERS PROP TX RCVBLE 24.68 100-0000-1115024 2012 REAL PROP TX RCVBLE 910.06 100-0000-1115026 2012 PERS PROP TX RCVBLE 138.15 100-0000-1225001 REAL PROPERTY TAX 2007 515.66 100-0000-1225010 REAL PROPERTY TAX 2008 757.54 100-0000-1225011 REAL PROPERTY TAX 2009 863.19 100-0000-1225013 DEFERRED REV/REAL PROP TAX 2011 3,499.72 100-0000-1225015 PERSONAL PROPERTY TX 2008 1,026.38 100-0000-1115001 2007 REAL PROP TX RECVBLE 515.66 100-0000-1115004 2008 REAL PROP TX RCVBLE 757.54 100-0000-1115006 2008 PERS PROP TX RECVBLE 1,026.38 100-0000-1115007 2009 REAL PROP TX RCVBLE 863.19 100-0000-1115021 2011 REAL PROP TX RCVBLE 3,499.72 100-0000-1225012 DEFERRED REV/REAL PROP TAX 2010 201.31 100-0000-1225014 DEFERRED REV/REAL PROP TAX 2012 910.06 100-0000-1225017 DEFERRED REV/PERSONAL PROP 2010 24.68 100-0000-1225019 DEFERRED REV/PERSONAL PROP 2012 138.15 Total 7,936.69 7,936.69 FY13 Audit Entry-01: Check 21037 Reverse Correction - Keep America Beautiful. FY13 Audit Entry-03: Move Emergency Care Medical (July-Sept) to FY13. FY13 Audit Entry-04: Book Property Taxes Collected 10/1-11/30/13. FY13 Audit Entry-07: True up Property Tax Receivables with A/R Report. 1 of 3 2/28/2014 11:53 AM Client:0301647 - City of Milton, Georgia Engagement:1647-13 - City of Milton, Georgia Period Ending:9/30/2013 Trial Balance:0200.100 - General Fund Trial Balance Workpaper:0204.100 - General Fund - Adjusting Journal Entries Report Account Description W/P Ref Debit Credit Adjusting Journal Entries JE # 5 PBC 100-0000-1115010 TAXES RECEIVABLE/ALCOHOLIC BEV EXCISE TAX 77.00 100-0000-1115010 TAXES RECEIVABLE/ALCOHOLIC BEV EXCISE TAX 145.00 100-0000-1225000 DEFERRED REVENUE 77.00 100-0000-1225000 DEFERRED REVENUE 145.00 Total 222.00 222.00 Adjusting Journal Entries JE # 6 PBC 100-0000-1116107 TAXES 2007 769.43 100-0000-1116108 TAXES 2008 1,046.51 100-0000-1116108 TAXES 2008 1,474.74 100-0000-1116109 TAXES 2009 1,151.85 100-0000-1116109 TAXES 2009 3,250.94 100-0000-1116110 ALLOWANCE FOR UNCOLLECTIBLE TAXES 2010 384.88 100-0000-1116110 ALLOWANCE FOR UNCOLLECTIBLE TAXES 2010 2,102.13 100-0000-1116111 ALLOWANCE FOR UNCOLLECTIBLE TAXES 2011 1,106.32 100-0000-1116111 ALLOWANCE FOR UNCOLLECTIBLE TAXES 2011 15,006.42 100-0000-1116112 ALLOWANCE FOR UNCOLLECTIBLE TAXES 2012 2,297.21 100-0000-1116112 ALLOWANCE FOR UNCOLLECTIBLE TAXES 2012 69,389.19 100-0000-1225001 REAL PROPERTY TAX 2007 769.43 100-0000-1225010 REAL PROPERTY TAX 2008 1,046.51 100-0000-1225011 REAL PROPERTY TAX 2009 3,250.94 100-0000-1225012 DEFERRED REV/REAL PROP TAX 2010 2,102.13 100-0000-1225013 DEFERRED REV/REAL PROP TAX 2011 15,006.42 100-0000-1225014 DEFERRED REV/REAL PROP TAX 2012 69,389.19 100-0000-1225015 PERSONAL PROPERTY TX 2008 1,474.74 100-0000-1225016 PERSONAL PROPERTY TX 2009 1,151.85 100-0000-1225017 DEFERRED REV/PERSONAL PROP 2010 384.88 100-0000-1225018 DEFERRED REV/PERSONAL PROP 2011 1,106.32 100-0000-1225019 DEFERRED REV/PERSONAL PROP 2012 2,297.21 Total 97,979.62 97,979.62 Adjusting Journal Entries JE # 7 PBC 100-0000-1225020 DEFERRED REV/REAL PROP TAX 2013 41,015.05 100-0000-1225021 DEFERRED REV/PERSONAL PROP 2013 1,026.29 100-0000-1116113 ALLOWANCE FOR UNCOLLECTIBLE TAXES 1,026.29 100-0000-1116113 ALLOWANCE FOR UNCOLLECTIBLE TAXES 41,015.05 Total 42,041.34 42,041.34 Adjusting Journal Entries JE # 8 7501.000 100-3210- PROFESSIONAL FEES/RECRUITMENT TESTINGà 200.00 100-3210- SUPPLIES / GENERAL SUPPLIES 73.45 100-0000-1340000 UNRESERVED, UNDESIGNATED 273.45 Total 273.45 273.45 Adjusting Journal Entries JE # 9 PBC 100-0000-1219020 DUE TO CAP PROJ FUND 36,200.00 100-0000-1113001 GEORGIA FUND 1 POOLED 36,200.00 Total 36,200.00 36,200.00 FY13 Audit Entry-05: Reverse Allowance for Uncollectible Taxes. FY13 Audit Entry-10: Offset Due to Cap Proj with GA Fund 1. FY13 Audit Entry-06: Book Allowance for Uncollectible Taxes. To adjust beginning fund balance to reconcile to FY2012 CAFR. FY13 Audit Entry-09: Book Receivable & Deferred Rev for Alcoholic Bev Excise Tax. 2 of 3 2/28/2014 11:53 AM Client:0301647 - City of Milton, Georgia Engagement:1647-13 - City of Milton, Georgia Period Ending:9/30/2013 Trial Balance:0200.100 - General Fund Trial Balance Workpaper:0204.100 - General Fund - Adjusting Journal Entries Report Account Description W/P Ref Debit Credit Adjusting Journal Entries JE # 10 PBC 100-0000-1115017 TAXES RECEIVABLE/BUSINESS & OCCUPATION TAX 1,613.39 100-0000-1225000 DEFERRED REVENUE 1,613.39 Total 1,613.39 1,613.39 Adjusting Journal Entries JE # 11 PBC 100-0000-1214040 401A CITY MATCH-1% (ICMA-106470 & 106635)1.41 100-0000-1214040 401A CITY MATCH-1% (ICMA-106470 & 106635)16.72 100-0000-1214040 401A CITY MATCH-1% (ICMA-106470 & 106635)115.00 100-1320- 401A 1% MATCH 6.00 100-3510- 401A 1% MATCH 26.36 100-3510- 401A 1% MATCH 123.71 100-0000-1214040 401A CITY MATCH-1% (ICMA-106470 & 106635)6.00 100-0000-1214040 401A CITY MATCH-1% (ICMA-106470 & 106635)26.36 100-0000-1214040 401A CITY MATCH-1% (ICMA-106470 & 106635)123.71 100-3510- 401A 1% MATCH 1.41 100-3510- 401A 1% MATCH 16.72 100-3510- 401A 1% MATCH 115.00 Total 289.20 289.20 FY13 Audit Entry-12: FY13 Business License Revenue-Recv''d 01/23/2014. FY13 Audit Entry-11: Allocate 401a 1% City Match to various departments. 3 of 3 2/28/2014 11:50 AM Client:0301647 - City of Milton, Georgia Engagement:1647-13 - City of Milton, Georgia Period Ending:9/30/2013 Trial Balance:0200.300 - Capital Projects Trial Balance Workpaper:0204.300 - Capital Projects - Adjusting Journal Entries Report Account Description W/P Ref Debit Credit Adjusting Journal Entries JE # 1 PBC 300-4101-INFRASTRUCTURE / BRIDGE REPLACEMENT 6,762.47 300-4101-INFRASTRUCTURE / BRIDGE REPLACEMENT 15,447.70 300-0000-1217000 RETAINAGE PAYABLE 22,210.17 Total 22,210.17 22,210.17 Adjusting Journal Entries JE # 2 PBC 300-0000-1113001 GEORGIA FUND 1 POOLED 36,200.00 300-0000-1131010 DUE FROM GENERAL FUND 36,200.00 Total 36,200.00 36,200.00 Adjusting Journal Entries JE # 3 5501.000 300-4101-PAVEMENT MANAGEMENT 24,129.37 300-4101-PAVEMENT MANAGEMENT 96,897.94 300-0000-1217000 RETAINAGE PAYABLE 121,027.31 Total 121,027.31 121,027.31 Adjusting Journal Entries JE # 4 PBC 300-0000-1111000 CASH IN BANK POOLED 206,561.09 300-4101-PAVEMENT MANAGEMENT 206,561.09 Total 206,561.09 206,561.09 Adjusting Journal Entries JE # 5 PBC 300-6110-BUILDINGS/HOPEWELL HOUSE 31,850.00 300-0000-1211099 MISCELLANEOUS PAYABLE 31,850.00 Total 31,850.00 31,850.00 Adjusting Journal Entries JE # 6 PBC 300-4101-PAVEMENT MANAGEMENT 78,902.33 300-4101-INFRASTRUCTURE / BRIDGE REPLACEMENT 8,300.00 300-0000-1211099 MISCELLANEOUS PAYABLE 87,202.33 Total 87,202.33 87,202.33 FY13 Audit Entry-08: Book Retainage Payable FY13 Audit Entry-10: Offset Due to Cap Proj with GA Fund 1. FY13 Audit Entry-15: Book expense for LMIG Funds. FY13 Audit Entry-13: Book Retainage Payable FY13 Audit Entry-17: To move the deleted AJE #1 from the Capital Grant Fund to the Capital Projects Fund related to the Wiley W ilson invoice #005006. FY13 Audit Entries 16 & 18: To book contractor invoices and retainage due as of 09/30/2013. 1 of 1 2/28/2014 11:50 AM Client:0301647 - City of Milton, Georgia Engagement:1647-13 - City of Milton, Georgia Period Ending:9/30/2013 Trial Balance:0200.340 - Capital Grant Trial Balance Workpaper:0204.340 - Capital Grant Fund - Adjusting Journal Entries Report Account Description W/P Ref Debit Credit Adjusting Journal Entries JE # 2 5501.000 340-4101-INFRASTRUCTURE/DEERFIELD @ MORRIS INTERSECTION IMP 18,309.77 340-0000-1217000 RETAINAGE PAYABLE 18,309.77 Total 18,309.77 18,309.77 Adjusting Journal Entries JE # 3 PBC 340-0000-1127000 INTRGVRNMNTL RECEIVABLES 206,561.09 340-0000-3341101 ST GOV GRANTS/OP-CAT/DIRECT/LMIG 206,561.09 Total 206,561.09 206,561.09 Adjusting Journal Entries JE # 4 PBC 340-4101-PAVEMENT MANAGEMENT 206,561.09 340-0000-1111000 CASH IN BANK POOLED 206,561.09 Total 206,561.09 206,561.09 FY13 Audit Entry-13: Book Retainage Payable FY13 Audit Entry-14: Book receivable for LMIG Funds. FY13 Audit Entry-15: Book expense for LMIG Funds. 1 of 1 010 HOME OF ' FST.ABLISHED 27 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2014 FROM: City Manager AGENDA ITEM: Consideration of ZM14-02 — 805 Honors Circle (Lot 25), Jalil Poorak, to Modify Condition 1.e. (RZ85-181) to the following: To Reduce the 100 Foot Building Setback from the Property Line of the C.U.P. to 60 Feet Along the South Property Line for Lot 25. MEETING DATE: Monday, May 5, 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: C).5 O S l y REMARKS () NOT APPROVED NO NO O NOT APPROVED * 4 ©You= �en *** t Certified * !9t! +'a op'tu PHONE: 678.242.25001 FAX: 678.242.2449 � G!'ciry �f infofcityofmiltonga.us E www.cityofmiltonga.us Commun!#y ;F 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 B ORDINANCE NO. PETITION NO. ZM14-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION Z85-181 ON OCTOBER 2, 1985, PROPERTY LOCATED ON PROVIDENCE ROAD WITHIN LAND LOTS 735, 736, 777, 778, 806, 807, 808, 849, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 95.696 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on May 19, 2014 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on October 2, 1985, for petition Z85-181 that approved a zoning to CUP (Community Unit Plan) property located Providence Road consisting of a total of approximately 95.686 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land located at 805 Honors Circle, Lot 25; and SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 19th day of May, 2014. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL ZM14-02 805 Honors Circle, Lot 25 Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ85-181) should be revised to read as follows: 1. To the owner’s agreement to restrict the use of the subject property as follows: e. Provide at least a 100-foot building setback from the property line of the CUP except for lot #25 which shall provide a 60 foot building setback along the south property line. 2. To the owner’s agreement to abide by the following: e. To provide a 30 foot undisturbed buffer along the south and west property lines. REVISED SITE PLAN SUBMITTED APRIL 24, 2014 aldhFIN, HOME OF' M?I-LTONIIIN 0 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 34, Section 24, of the Milton City Code Creating Parks and Recreation Fees and Other Charges. MEETING DATE: Monday, May 5, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 0 APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: K YES () NO CITYATTORNEYREVIEWREQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY PAPPROVED ONOT APPROVED PLACED ON AGENDA FOR: b�st� REMARKS PHONE: 678.242.2500 FAX: 678.242.2499 r Green 'j, ; cenis� 1nfoClcttyofmiitonga.us www. cifyofmiMonga.us Community .h, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 s To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 17, 2014 for the April 28, 2014 and May 5, 2014 Regular Council Meetings Agenda Item: Consideration of an Ordinance to Amend Chapter 34, Section 24, of the Milton City Code Creating Parks and Recreation Fees and Other Charges ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Amendment to Chapter 34, Section 24, of the Milton City Code Creating Parks and Recreation Fees and Other Charges. Executive Summary: The City of Milton Parks and Recreation Department Fee Schedule was never created as an ordinance in the Milton City Code. This action will create a new section in Chapter 34 – Parks, Recreation and Cultural Affairs that will refer to Parks and Recreation Fees and Other Charges. Funding and Fiscal Impact: None Alternatives: If this ordinance is not accepted, we will not have a location in the Milton City Code to publish fees related to Parks and recreation. Our alternative is to relay the council’s input and revise this proposed ordinance. Legal Review: Ken Jarrard – Jarrard & Davis, April 17, 2014 Page 2 of 2 Concurrent Review: Chris Lagerbloom Attachment(s): 1) Ordinance –Chapter 34 Section 24 2) Text Amendment Section 34-24 STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE CREATING PARKS AND RECREATION FEES AND OTHER CHARGES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on May 5, 2014 at 6:00 p.m. as follows: SECTION 1. That Ordinance Chapter 34 Section 24, of the Milton City Code, relating to Parks and Recreation, is hereby amended to include the following with respect to fees and other charges: The City Council for the City of Milton does hereby authorize and approve the assessing and collection of certain fees and charges for access and use of City-owned or controlled parks, recreational fields and cultural amenities, in accordance with that schedule of fees approved and appended to Appendix A to the Milton Code of Ordinances, as such Appendix may be amended from time to time. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 5th day of May, 2014. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) SEC. 34-24. PARKS AND RECREATION FEES AND OTHER CHARGES. See Appendix A of the Milton City Code, as it relates to Parks and Recreation Fees and Other Charges. HOME OF' s ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. MEETING DATE: Monday, May 5, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. PAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: KYES () NO CITYATTORNEYREVIEWREQUIRED: ({YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: b,Sp S i REMARKS © You[ PHONE: 678.242.25001 FAX: 678.242.2499 Green v «Cenified * top 10U info@cityofmiitonga.us 1 www.cifyofmiffonga.us ' Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a` To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 17, 2014 for the April 28, 2014 and May 5, 2014 Regular Council Meetings Agenda Item: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Amendment to Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code 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: Ken Jarrard – Jarrard & Davis, April 17, 2014 Concurrent Review: Chris Lagerbloom Attachment(s): 1) Ordinance – Appendix A Chapter 34 Section 24 2) Chapter 34 - Table of Fees and Charges STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, PARKS AND RECREATION FEES AND OTHER CHARGES, CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on May 5, 2014 at 6:00 p.m. does hereby ratify and approve the following Ordinance: SECTION 1. Pursuant to that authorization in Chapter 34, Section 24 of the Milton Code, Appendix A of the Milton Code is hereby amended to include a table of fees and charges that may be assessed and collected for access and use of City-owned or controlled parks, recreational fields and cultural amenities, with the schedule of said fees and charges as set forth in Exhibit A to this Ordinance. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 5th day of May, 2014. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) EXHIBIT A Chapter 34 -- Parks, Recreation and Cultural Affairs 34-24 (a) (1) Field rental rates at Bell Memorial Park - Milton Citizen Rate One Field for two hours without lights $25.00 per hour 34-24 (a) (2) Field rental rates at Bell Memorial Park - Milton Citizen Rate One Field for two hours with lights $37.50 per hour 34-24 (a) (3) Field rental rates at Bell Memorial Park - Milton Citizen Rate Field preparation - dragging and lining $75.00 34-24 (a) (4) Field rental rates at Bell Memorial Park - Milton Citizen Rate Refundable Security Deposit $100.00 34-24 (a) (5) Field rental rates at Bell Memorial Park - Milton Citizen Rate One Field for a Day without lights $175.00 34-24 (a) (6) Field rental rates at Bell Memorial Park - Milton Citizen Rate One Field for a Day with lights $225.00 34-24 (a) (7) Field rental rates at Bell Memorial Park - Milton Citizen Rate For a Special Event for a Day $500.00 34-24 (b) (1) Facility rental rates at Bethwell Community Center - Milton Citizen Rate Rentals offered in a minimum of three hours $40.00 per hour 34-24 (b) (2) Facility rental rates at Bethwell Community Center - Milton Citizen Rate Refundable Cleaning Deposit $50.00 34-24 (b) (3) Facility rental rates at Bethwell Community Center - Milton Citizen Rate Rental for a Day $300.00 34-24 (b) (4) Facility rental rates at Friendship Community Park Pavilion Only - Milton Citizen Rate Rentals offered in a minimum of two hours $10.00 per hour 34-24 (c) (1) Camp Joyful Soles Registration Fee per week $175.00 34-24 (c) (2) Camp Joyful Soles Non-refundable, Non-transferable Deposit per week $50.00 34-24 (d) Administrative Fee Approved Refunds/Cancellations $15.00 EXHIBIT A 34-24 (e) Employee Discount City of Milton employees may receive a discount on City of Milton directly offered programs (Does not apply to programs offered through Independent Contractors) 50% off of the City of Milton Resident rate 34-24 (f) Corporate Rate Milton based businesses 20% increase over City of Milton Resident rate 34-24 (g) Non-Resident Rate Applies to all individuals and businesses not based in Milton 50% increase over City of Milton Resident rate 34-24 (h) Independent Contractor Commissions At the discretion of the Parks ands Recreation Director based upon services provided and fees charged No less than 10% and no more than 30% /An., HOME OF ' ' s 111 LTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Reappointing a Member to the City of Milton Parks and Recreation Advisory Board for District 1/Post 2. MEETING DATE: Monday, May 5, 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: Q S 0 Sl REMARKS ©. Yuu(M * * * PHONE: 678.242.2500 j FAX: 678.242.2499"� Green * �""f'p� ► oP'�o infofcityofmiltonga.us I www.cityofmiltonga.us � COlflmunity E�h,"t 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION REAPPOINTING A MEMBER TO THE CITY OF MILTON PARKS AND RECREATION ADVISORY BOARD FOR DISTRICT 1/POST 2 BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on the 5th day of May 2014 as follows: SECTION 1. That Ron Hill (District 1 /Post 2) is hereby appointed for a term commencing May 5, 2014 and ending December 31, 2015; and SECTION 2. That this Resolution shall become effective upon its adoption; RESOLVED this 5th day of May, 2014. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) 0 HOME OF ' ESTA BLISF1FD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Authorizing the Recordation of a Lien on Property Located at 14220 Cogburn Road, Milton Georgia in the Amount of $44,626.49, Pursuant to Court Order and Otherwise to Insure Reimbursement to the City for the Costs of Property Remediation. MEETING DATE: Monday, May 5, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: 0 S Q'g 1'4 REMARKS O NOT APPROVED () NO () NO () NOT APPROVED PHONE: 678.242.25001 FAX: 678.242.2499 xe Green 4 ; CerufieO infoftityofmiltonga.us I www.cityofmiltongo.us """� Community Ech�'r. 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 `t" `' tW,,v7f �a STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AUTHORIZING THE RECORDATION OF A CLAIM OF LIEN IN THE AMOUNT OF $44,626.49 WITH THE FULTON COUNTY CLERKS OFFICE AGAINST THE PROPERTY LOCATED AT 14220 COGBURN ROAD IN MILTON, GEORGIA WHEREAS, on June 12, 2012, an Order was entered in the action styled as Cid Milton, Georgia v. Justin Adams and Minnie Lou Green, Civil Action File No. 2009 -CV -164310 (A Copy of Judge Newkirk's June 12, 2012 Order is attached hereto as Exhibit A); and WHEREAS, the above -referenced Order authorized the City of Milton to remedy to the ongoing City Ordinance violations at the property known as 14220 Cogbur•n Road, Milton, Georgia 30004 ("Subject Property") and required Defendants Minnie Lou Greene and Justin Adams to reimburse the City for said expense associated with bringing the Subject Property into compliance with City Ordinances; and WHEREAS, the City of Milton undertook remediation efforts to bring the property into compliance with City Ordinances from February 19, 2014 through March 5, 2014; and WHEREAS, the overall costs incurred by City of Milton to bring the Subject Property into compliance with City Ordinances totals $44,626.49 (Iternizations of the aforementioned costs are contained in "Contractor's Monthly Request for Payment," "Daily Recap of Activities" and a payment receipt, which are collectively attached hereto as Exhibit B); and WHEREAS, pursuant to the June 12, 2012 Order, the City of Milton, Georgia may claim a lien against the Subject Property for the costs of debris removal, clean-up, pick-up, hauling, and overall costs incurred by City of Milton to bring the subject property into compliance with City Ordinances and record same with the Fulton County Clerk of Court (the Claim of Lien is attached hereto as Exhibit C); and NOW THEREFORE be it resolved by the Council for the City of Milton as follows: • That the Claim fl; attached hereto as Exhibit C is hereby ratified and approved; • That the Mayor shall be authorized to execute Exhibit Co and • That upon execution, Exhibit C shall be recorded with the Fulton County Clerk of Court. BE IT SO RESOLVED, this 5°i day of May, 2014, by the Council of the City of Milton, Georgia. [SIGNATURES ON FOLLOWIN G PAGE] Approved: Joe Lockwood, Mayor Attest: Sudie Gordon, City Clerk iN THE SUPERIOR COURT Op FULTON CO tv �� u_ rrni STATE OF GEORGIA ' 1 JUN 12 2012 CT'f Y OF MILTON, GEORGIA, ) a politiont subdivision of tho ) STATE OF GEORGIA, ) Plaintiff, ) vs, ) JUSTIN ADAMS and MINNIB LOU GREEN, ) Defendants, ). CIVIL ACTION FILE NO, 2009CVIG4310 This Court having beard oral argument on Plahitiff's Molion for Contempt fol• Flnnl Permanent Injunctiar and fmdiug That tiro bafendauts willfully failed to comply with Mils Court's Order dated Mash 24, 2010, it is HERI7EiC ORDERED acid ADJUDGED khat pnlrsuant to tho Milton, Georgia, Code Ordinances tha Plafnliff is authorized to remedy Uro violations on the Subject Property and Defendants be, required to reimburse tho City for said expense associated with bringing the Subject Property into compliance with this Court's Order. Art. Xi, Sec, 644220 and Sae, 64- 2221(a). Plaintiff shall uotlfy Defendants hventyfour (24) flows in advance of any entry Subject Property, SO ORDERRD, tlds (Zday of luno, 2012, Judge, H111 "k1rk Superior of Fulton County JusUp Adams 14220 Cogbura Road Mltton, Georgia 30004 Mimile Lou Green 14220 Cogburn Road Milton, Georgia 30004 onto Thomas R, MUMMMI JARRAD & DANS, LLP l05 Pilgrim Village Drive, Suite 200 Cumming, Georgia 30040 Briars Sprinkle FTAWKINS & PARNEi L, LLP 4000 SunTrust Plaza 303 Peachtree Street, NII Atlanta, Georgia 30308 Alan Densmore, Inc Contractor's Monthly Request for Payment Submitted by Alan Densmore, Inc. Remit To: P. 0 Box 3729 Suwanee, Ga. 30024 1. Original Contract Amount(NOT TO EXCEED) 2. Approved Change Orgers (See schedule of values) 3. Adjusted Contract Amount 4. Value of Work Completed to Date $ *Value of Materials Stored to Date $ Total Item 44 5. Less Amount Retained ( 0 %) 6. Total to Date Less Retainage 7. Less Amount Previously (PAID TO DATE) 8, TOTAL AMOUNT DUE THIS REQUEST Requestk FINAL RETAINAGE Period Ending L 3/5/2014 Project Name 14220 COGBURN RD MILTON, GA BILL T0: CITY OF MILTON Address: 13000 DEERFIELD PKWY SUITE 107 MILTON, GA. 30004 $ 75,000,00 $ 0.00 $ 44,926.49 44926.49 go $ 44,926.49 $ 44,926.49 C n nn $ 44,926.49 SUBMITTED BY: G. E. Mathis Jr. /Project Manager Alan Densmore, Inc. Date:03/25/2014 Subscribed to me and sworn to before me this day of 20_6 SEAL AS PERFORMED SUMMARY -REVISED DATE: March 25, 2014 1 PAGE 1 OF 2 JOB: DEBRIS REMOVAL FROM PRIVATE PROPERTY 14220 COGBURN RD MILTON, GA. 30004 - --I FROM: TO: CITY OF MILTON, GEORGIA ALAN DENSMORE, INC. 13000 DEERFIELD PKWY SUITE 107 P.O. BOX 3729 MILTON, GA. 30004 4483 BROGDON PARK COURT SUWANEE, GA 30024 ATTN: CARTER LUCAS tel: 770-945.0800 fax: 770-945-1114 DAILY RECAP OF ACTIVITIES DDIE MATHIS , PROJECT MANAGER e-mail eddie@alandensmoreinc.com ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL COST 2/1912014 1 CAT 279 SKID STEER LOADER 4.5 HR $70.00 $315.00 2 LABOR WI CHAIN SAW 2.5 HR $44.00 $110.00 3 LABOR W/ CHAIN SAW 8 HR $32.00 $256.00 2/20/2014 j 1 30 CY /VEGETATIVE WASTE 3 EA $400.00 $1,200.00 2 CAT 279 SKID STEER LOADER 2.5 HR $70.00 $175.00 3 LABOR 4.5 HR $32 $144.00 2/2412014 1 30 CY / VEGETATIVE WASTE 6 EA$400.00 $2,400.00 2 CAT 279 SKID STEER 9 HR $70.00 $630.00 3 LABOR 9 HR _ $32.00 $288.00 $0.00 212 512 01 4 $0.00 1 TANDEM DUMP AD12 /SITE DEBRIS 49.52 TON $45.00 $2,228.40 2 ITANDEM AD 371 SITE DEBRIS 45.68 TON $45.00 $2,055.60 3 ILABOR (2) 18 HR $32.00 $576.00 4 LABOR (1) 5 HR - $32.00 $160.00 $0.00 2/26/2014 $0.00 1 TANDEM DUMP AD 12/ SITE DEBRIS 53.11 TON _ $45.00 $2,389.95 2 TANDEM DUMP AD 371 SITE DEBRIS 65.04 TON $45.00 $2,926.80 3 CAT 279 SKID STEER LOADER 3 HR $70.00 $210A0 4 LABOR (2) 19 HR $32.00 $608.00 $0.00 '212712014 $0.00 1 CAT 279 SKID STEER LABOR (3) 9 HR $70.00 _ $32.00 $630.00 2 _ 27 _ HR _ $864.00 3 LABOR (1) 4 HR $32.00 $128.00 $0.00 2/28/2014 _ $0.00 _ 1 CAT 279 SKID STEER 9 _ HR $70.00 $630.00 2 LABOR (3) 27 HR $32,00 $864.00 3 LABOR (1 _ 4 HR $32.00 -� $128.00 $uo 311/2014 $0.00 _ 1CAT 279 SKID STEER 10 HR _ $70.00 _ _ _ $700.00 22'LABOR (5) 50 HR $32.00 I $1,600.00 3 _LABOR (1) PAGE 2 OF 2 5 1 HR _ $32.00 $160.00_ l • . $0.00 3/312014 _ $0.00 1 30 CY VEGETATIVE WASTE 1 EA $400.00 $400.00 2 HAUL OFF OIL DRUMS & DIESEL FUEL 2 HR $100.00 $200.00 3 TANDEM DUMP AD 37 / SITE DEBRIS 13.24 TON $45.00 $595.80 4 _ TANDEM DUMP AD 39 / SITE DEBRIS 32.89 TON $45.00 $1,480.05 5 CAT 279 SKID STEER 9 HR $70.00 $630.00 6 LABOR (3) _ _ 27 HR $32.00 $864.00 EQUIPMENT TRANSPORTED TO CITY OF $0.00 MILTON STORAGE YARD $0.00 1 JOHN DEERE 450C DOZER 1 EA $1,200.00 $1,200.00 2 FARMALL TRACTOR W/ EQUIPMENT 1 EA $1,200.00 $1,200.00 3 MINI EXCAVATOR W/ TRAILER 1 EA $13200.00 $1,200.00 _ 4 T 250 BOBCAT SKID STEER 1 EA $1,200.00 $1,200.0_0_ 5 PRESSURE WASHER W/ TRAILER 1 EA $300.00 $300.00 6 TERRY RV CAMPER 1 EA $500.00 $500A0 7 SEA DOD BOAT 1 EA $300.00 $300.00 8 ROW BOAT & 115 HP BOAT MOTOR 1 EA $300.00 $300.00 9 STAINLESS STEEL FREEZER W/ TRAILER 1 EA $300.00 $300.00 10 PRESS MACHINE W/ TRAILER 1 EA _ $300.00 $300.00 _ 11 1965 FORD PICK UP 1 EA $300.00 $300.00 12 VOLKSWAGON BUS 1 EA I $300.00 $300.00 13 CARPET & CLAW FOOT BATHTUB 1 EA $300.00 $300.00 _ $0.00 3/4/2014 -� _ 1 TANDEM DUMP AD 44 / SITE DEBRIS 13.55 TON $45.00 __$0.00 $609.75 __ 2 _ CAT 279 SKID STEER 9 _ HR $70.00 $630,00 3 LABOR (1) 10 HR $32.00 $320.00 4 LABOR (2) 18 HR $32.00 $576.00 $0.00 3/5/2014 $0.00 _ 1 TANDEM DUMP AD 44 / SITE DEBRIS 22.73 TON $45.00 $1,022.85 _ 2 TANDEM DUMP -PINE BLUFF LANDFILL $0.00 TREATED WOOD TIMBERS #402420GA 1 LS $260.00 $250.00 DUMP FEES @ PINE BLUFF PLUS 10% MAR 1 EA $229.49 $229.49 3 CAT 279 SKID STEER 6.5 HR $70.00 _ $455.00 4 LABOR (2) 12 HR $32.00 $384.00 $0.00_ ADDITIONAL ITEMS _ $0.00 1 GROUND PREP, GRASSING & MULCH 87120 SF $0.07 $5,662.80 2 REMOVAL, TRANSPORT & DISPOSAL OF 1 LS $540.00 $540.00 35 TIRES, 12 MOUNTED ON WHEELS TOTAL INVOICE $44,926,49 CITY OF HILTON RECO; 80057060 4/17!2814 4:21 PH OPER: HH TERM: 002 REF0: PAID 0Y: ACCT O: XXXX-X%XX-XX%X-5445 AUTH O; 033290 TRAH O; 000000902004 TRAN: 99 0000 HI5C kECEIRT HINNiE GkEEH-ADAHS/TRUCK IMPOUND/RECOVERY-H K HAGGE 300-0600-3921000 PROCEEDS OF SALE OF 300.00CR TENDERED: 300.80 CREDIT CARD APPLIED: 300.00- CHAHOE. �&0 Ref: Deed Book 3688, Page 298 Deed Book 4345, Page 547 STATE OF GEORGIA COUNTY OF FULTON UPON RECORDING PLEASE RETURN TO: Jarrard &Davis, LLP Attn: Kenneth E. Jarrard, Esq. 105 Pilgrim Village Drive, Suite 200 Cumming, Georgia 30040 CLAIM OF LIEN Pursuant to the Order entered June 12, 2012, a certified copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, in the action styled as City of Milton, Georgia v. Justin Adams and Minnie Lou Green, Civil Action File No. 2009 -CV -164310, CITY OF MILTON, GEORGIA claims a lien against the following described property of Minnie Lou Green, being known as 14220 Cogburn Road, Milton, Georgia 30004 (tax parcel # 22-5070- 0761-052-8), and being more particularly described as: All that tract or parcel of land lying and being in Land Lot 761 of the 2nd District, nu Section, Fulton County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, commence at the intersection of the common corners of Land Lots 761, 762, 823 and 824, said district, section and county; thence running North 02 degrees 28 minutes 10 seconds West along a line dividing Land Lots 761and 762, said district and section, a distance of 359.07 feet to an iron pin found and being THE TRUE POINT OF BEGINNING; thence running North 02 degrees 48 minutes 14 seconds West along the line dividing Land Lots 761 and 762, said district and section, a distance of 474.37 feet to an iron pin found; running thence North 73 degrees 57 minutes 54 seconds East a distance of 493.26 feet to an iron pin staked on the southwesterly right of way of Cogburn Road (being a 60 foot right of way); thence running South 44 degrees 05 minutes 23 seconds East along the southwesterly right of way of Cogburn Road a distance of 400.0 feet to an iron pin found; running thence South 53 degrees 36 minutes 12 seconds West a distance of 191.62 feet to an iron pin staked; thence running South 34 degrees 41 minutes 39 seconds East a distance of 201.37 feet to an iron pin found; running thence South 86 degrees 23 minutes 30 seconds West a distance of 690.93 feet to an iron pin found on the line dividing Land Lots 761 and 762, said district and section, and being THE TRUE POINT OF BEGINNING; said tract containing 7.798 acres, more or less, all according to a plat of survey prepared by Engineering & Inspection Systems, Inc., dated &16- 88, revised on 8-29-88, for Cogburn Associates and Decatur Federal Savings and Loan Association. LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 761 of the 2nd Dish•ict, 2nd Section of Fulton County, Georgia and being shown to contain 4.250 Acres on Survey for Cogburn Associates prepared by Engineering & Inspection Systems, Inc. John E. Norton, Registered Land Surveyor No, 1848 dated August 16, 1988 and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING begin at the common corner of Land Lots 761, 762, 823 and 824, said District, Section and County, and run thence North 02° 28' 10" West and along the line dividing Land Lots 761 and 762 a distance 359.07 feet to an iron pin found at the TRUE POINT OF BEGINNING; from said true point of beginning extending thence North 02° 48' 14" West and along the line dividing Land Lots 761 and 762 and along the line of property now or formerly belonging to Cogburn Associates a distance of 474.37 feet to an iron pin found on the line of property now or formerly belonging to Walton A. Gillelard; thence North 730 57' 54" East and along the line of Gillelard a distance of 92.74 feet to an iron pin set on the line of property now or formerly belonging to Minnie Lou Greene thence South 370 55' 57" East and along the line of Greene a distance of 291.83 feet to an iron pin set; thence South 79° 39' 06" East and along the line of Greene a distance of 335.06 feet to an iron pin set on the Southwesterly line of a 30' Ingress -Egress Easement; thence South 34° 41' 39" East and along said Easement 201.37 feet to an iron pin found on the line or property now or formerly belonging to Cogburn Associates; thence South 86° 23' 30" West and along the line of Cogburn Associates a distance of 690.93 feet to the iron pin found at the TRUE POINT OF BEGINNING. This claim of lien is for the costs of debris removal, clean-up, pick-up, hauling, and overall costs incurred by City of Milton to bn•ing the subject property into compliance with City Ordinances, pursuant to the June 12, 2012 Order, in the total amount of $44,626.49. The work performed by the City of Milton to bring the property into compliance with City Ordinances was performed from February 19, 2014 through March 5, 2014. Said work is described in "Contractor's Monthly Request for Payment" and "Daily Recap of Activities", collectively attached hereto as Exhibit "B" and incorporated herein by reference. The total amount of this lien includes the cost of this work less a $300.00 reimbursement paid to the City of Milton for costs to remediate violations associated with a 1965 Ford pickup. A copy of the payment receipt is attached hereto as Exhibit "C" and incorporated herein by reference. This day of , 2014. CITY OF MILTON, GEORGIA Joe Lockwood, Maym• ATTEST: Sudie Gordon City Clerk City of Milton, Georgia Sworn to and subscribed before me this day of , 2014. Notary Public LIM Me A IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FILED If3 DFFiCE CITY OF MILTON, GEORGIA, JU 2 a political subdivision of the ) DEP ruLTON CONNT SERK UPERIOR COURT STATE OF GEORGIA, ) CIVIL ACTION Plaintiff, ) FILE NO, 2009CV 164310 vs. ) JUSTIN ADAMS and MINNIE LOU GREEN, ) Defendants. ) ORDER This Court having heard oral argument on Plaintiff's Motion for Contempt for Final Permanent Injunction and finding that the Defendants willfully failed to comply with this Court's Order dated March 24, 2010, it is HEREBY ORDERED and ADJUDGED that pursuant to the Milton, Georgia, Code of Ordinances the Plaintiff is authorized to remedy the violations on the Subject Property and Defendants be required to reimburse the City for said expense associed with bringing the at Subject Property into compliance with this Court's Order. Art, XV, Sec. 64-2220 and Sec. 64- 2221(a). Plaintiff shall notify Defendants twenty-four (24) hours in advance of any entry onto Subject Property, SO ORDERED, this t% i day of June, 21012. Judge,M. Ne kir Heron Cou of Fulton County Justin Adams 14220 Cogburn Road Milton, Georgia 30004 Minnie Lou Green 10.220 Cogburn Road Milton, Georgia 30004 Thomas R. Mondelli JARRAD & DAVIS, LLP l05 Pilgrim Village Drive, Suite 200 Cumming, Georgia 30040 Brian Sprinkle HA WKINS & PARNELL, LLP 4000 SunTrust Plaza 303 Peachtree Street, NE Atlanta, Georgia 30308 1 t AIon Densmore, Inc Contractor's Monthly Request for Payment Submitted by Alan Densmore, Inc. Remit To: P. 0 Box 3729 Suwanee, Ga. 30024 Request ft FINAL RETAINAGE Period Ending 3/5/2014 Project Name 14220 COGBURN RD MILTON, GA BILL TO: CITY OF MILTON Address: 13000 DEERFIELD PKWY SUITE 107 MILTON, GA, 30004 1. Original Contract Amount(NOT TO EXCEED} $ 75,000.00 2. Approved Change Orgers (See schedule of values) $ 0.00 3, Adjusted Contract Amount $ 440926.49 4. Value of Work Completed to Date $ 44926.49 *Value of Materials Stored to Date $ 0 Total Item 44 $ 44,926.49 5. Less Amount Retained ( 0%) $ 0 6. Total to Date Less Retainage $ 44,926.49 7. Less Amount Previously (PAID TO DATE) $ 0.00 8. TOTAL AMOUNT DUE THIS REQUEST $ 44,926.49 SUBMITTED BY: G. E. Mathis Jr. /Project Manager Alan Densmore, Inc. Date:03/25/2014 Subscribed to me and sworn to before me this day of 20_ SEAL PERFORMED SUMMARY -REVISED DATE;March 25, 2014 PAGE 1 OF 2 DEBRIS REMOVAL FROM PRIVATE PROPERTY 14220 COGBURN RD MILTON, GA. 30004_ FAS FROM: CITY OF MILTON, GEORGIA ALAN DENSMORE, INC. 13000 DEERFIELD PKWY SUITE 107 P.O. BOX 3729 MILTON, GA. 30004 4483 BROGDON PARK COURT SUWANEE, GA 30024 ATTN: ICARTER LUCAS tel: 770-945-0800 fax: 770-945.1114 DAILY RECAP OF ACTIVITIES DDIE MATHIS , PROJECT MANAGER e-mail eddle@alandensmoreinc.com ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL COST 2/1912014 1 CAT 279 SKID STEER LOADER 4.5 HR $70.00 $315.00 2 LABOR W/ CHAIN SAW 2.5 HR $44.00 $110.00 3 LABOR W/ CHAIN SAW 8 HR $32.00 $256.00 2120/2014 1 2 30 CY / VEGETATIVE WASTE CAT 279 SKID STEER LOADER 3 2.5 EA HR $400.00 $70.00 $1,200.00 $175.00 3 LABOR 4.5� HR $32 $144.00 2/2412014 1 30 CY / VEGETATIVE WASTE 6 EA $400.00 $2,400.00 2 CAT 279 SKID STEER 9 HR $70.00 $630.00 3 LABOR 9 HR $32.00 $286.00 $0.00 212512014 $0.00 1 TANDEM DUMP AD12 /SITE DEBRIS 49.62 TON $45.00 $2,228.40 2 TANDEM AD 371 SITE DEBRIS 45.68 TON $45.00 $2,055.60 3 LABOR (2) 18 HR $32.00 $576.00 _ 4 LABOR (1) 5 HR $32.OD $160.00 $0.00 2/26/2014 $0.00 1 TANDEM DUMP AD 12/ SITE DEBRIS 53.11 TON $45.00 $2,389.95 2 TANDEM DUMP AD 37 / SITE DEBRIS 65.04 TON _ $45.00 $2,926.80 3 CAT 279 SKID STEER LOADER 3 HR $70.00 $210.00 4 LABOR (2) 19 HR $32.00 $608.00 $0.00 1 21271.2014 CAT 279 SKID STEER LABOR (3) 9 27 HR HR _ $70.00 _ $32.00 _ $0.00 $630.00 $864.00 _ 21 3 LAB- OR (1) 4 HR $32.00 $128.00 $0.00 2128/2014 $0.00 _ 1 CAT 279 SKID STEER 9 _ HR $70.00 _ ___ $630.00 2 3 LABOR (3) _ LABOR (1) 27_ 4 _HR HR $32.00 _ $32.00 1 $864.00 $128.00 $0.00 3/1/2014 $0.00 _ 1 2 3 CAT 279 SKID STEER LABOR (5) LABOR (1) PAGE 2 OF 2 10 50 5 _ HR HR _ HR _ $70.00 _ _ _ $7 000 0 $32.00 I $1,600.00 $32.00 _$160.00_ _ I_" $0.00 313/2014 $0.00 1 130 CY VEGETATIVE WASTE 1 EA - $40D.00 $400.00 2 IHAUL OFF OIL DRUMS R DIESEL FUEL 1 2 1 HR 1 $100.00 i $200.00 3TANDEM DUMP AD 37 / SITE DEBRIS 13.24 TON $45.00 $595.80 4 _ TANDEM DUMP AD 39! SITE DEBRIS _32 _89 TON $45.00 $1,460.05 5 CAT 279 SKID STEER 9 HR $70.00 $630.00 _U64.00 6 LABOR (3) 27 HR $32.00 _ _ EQUIPMENT TRANSPORTED TO CITY OF __$0.00 MILTON STORAGE YARD $0.00 1 JOHN DEERE 450C DOZER 1 _ EA $1,200.00 $1,200.00 2 FARMALL TRACTOR W/ EQUIPMENT 1 EA $11200.00 $1,200.00 3 MINI EXCAVATOR W/ TRAILER 1 EA $1,200.00 $1,200.00 _ 4 T 250 BOBCAT SKID STEER 1 EA $1,200.00 $1,200.00 5 PRESSURE WASHER W/ TRAILER 1 EA $300.00 $300.00 6 TERRY RV CAMPER 1 EA $500.00 $500.00 7 SEA DOO BOAT 1 EA $300.00 $300.00 8 ROW BOAT & 115 HP BOAT MOTOR 1 EA $300.00 $300.00 9 STAINLESS STEEL FREEZER W/ TRAILER 1 EA $300.00 $300.00_ 10 PRESS MACHINE W/ TRAILER 1 EA _ $300.00 $300.00__ 11 1965 FORD PICK UP 1 EA $300.00 $300.00 12 VOLKSWAGON BUS 1 EA 1 $300.00 $300.00 _ 13 CARPET & CLAW FOOT BATHTUB 1 EA $300.00 $300.00 _ $0.00 _ 3/4/2014 ! ! _ $0.00 1 TANDEM DUMP AD 44 /SITE DEBRIS 13.55 TON $45.00 $609.76 2 -d-AT-27 9 SKID STEER 9 _ HR _$70.00 $630.00 3 LABOR (1) 10 HR $32.00 $320.00 4 LABOR (2) 18 HR $32.00 $576.00 $0.00 3/512014 $0.00 _ 1 TANDEM DUMP AD 44 / SITE DEBRIS 22.73 TON $45.00 $1,022.85 2 TANDEM DUMP -PINE BLUFF LANDFILL $0.00 TREATED WOOD TIMBERS #402420GA 1 LS $250.00 $250.00 DUMP FEES @ PINE BLUFF PLUS 10% MAR 1 EA $229.49 $229.49 3 4 CAT 279 SKID STEER LABOR (2) 6.5 12 HR HR $70.00 $32.00 $455.00 $384.OD $0.00 ADDITIONAL ITEMS $0.00 1 GROUND PREP, GRASSING & MULCH 87120 SF $0.07 $5,662.80 2 REMOVAL, TRANSPORT & DISPOSAL OF 1 LS $540.00 $540.00 35 TIRES, 12 MOUNTED ON WHEELS j TOTAL INVOICE $44,926.49 Exhibit "C" CITY OF HILTON RECq: 00057860 4/17/2014 4:21 PM OBER: HH TERM: 002 REfHT PAID BY: ACCT q: XXXX-XXXX-XXXX-5445 AUTH q: 033296 TRAH q: 080000002084 IRAN: 99.0000 RISC RECEIPT HINNIE GREEtI-ADAMS/TRUCK IMPOUND/RECOVERY-N K HAOGE 380-0000-3921000 PROCEEDS OF SALE OF 300.0008 TENDERED: 300 00 CREDIT CARD ARRLIEU: 30800 - CHANGE: b-00