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HomeMy WebLinkAboutAgenda Packet CC - 01/21/2015 - City Council 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 Wednesday, January 21, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for the 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. 15-012) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 21 , 2015 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the January 5, 2015 City Council Regular Meeting Minutes. (Agenda Item No. 15-013) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements for the Period Ending November, 2014. (Agenda Item No. 15-014) (Stacey Inglis, Assistant City Manager) 3. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Young Men’s Christian Association of Metropolitan Atlanta, Inc. (Agenda Item No. 15-015) (Jim Cregge, Parks and Recreation Director) 4. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Blaze Sports America, Inc. (Agenda Item No. 15-016) (Jim Cregge, Parks and Recreation Director) 5. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Eagle Stix Rec, Inc. (Agenda Item No. 15-017) (Jim Cregge, Parks and Recreation Director) 6. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and NFL Youth Football League, Inc. (Agenda Item No. 15-018) (Jim Cregge, Parks and Recreation Director) 7. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Half Time Sports, LLC. (Agenda Item No. 15-019) (Jim Cregge, Parks & Recreation Director) 8. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Core Physique, LLC. (Agenda Item No. 15-020) (Jim Cregge, Parks & Recreation Director) 9. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Newtown Recreation, Inc. (Agenda Item No. 15-021) (Jim Cregge, Parks & Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 21 , 2015 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Sperber Music. (Agenda Item No. 15-022) (Jim Cregge, Parks & Recreation Director) 11. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and FITT 2 U. (Agenda Item No. 15-023) (Jim Cregge, Parks & Recreation Director) 12. Approval of a Professional Services Agreement between the City of Milton and Engineering 303, LLC for a Boundary and Topographic Survey of Fire Station #42. (Agenda Item No. 15-024) (Carter Lucas, Public Works Director) 13. Approval of a Professional Services Agreement between the City of Milton and Ask-Kay Electrical Contractors, Inc. for the Replacement of the Emergency Operations Generator at Fire Station #41. (Agenda Item No. 15-025) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Shuttle and Swirl, Inc. dba Zola Italian Bistro, Located at 2955 Bethany Bend, Milton, Georgia 30004. The Applicant is Jonathan Mattson for Wine, Malt Beverages and Distilled Spirits. (Agenda Item No. 15-026) (Stacey Inglis, Assistant City Manager) 2. Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 180 Days to Bar the Acceptance of Any Rezoning Applications for Property Located in the 2014 Highway 9 Vision Area. (Agenda Item No. 15-027) (Ken Jarrard, City Attorney) 9) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 21 , 2015 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Article VI, Financial Management Program, Division 7 - Debt Management Policy. (Agenda Item No. 15-006) (First Presentation at January 5, 2015 Regular City Council Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Consideration of a Resolution of the City of Milton, Georgia to Set Qualifying Fees for Municipal Elections. (Agenda Item No. 15-028) (Sudie Gordon, City Clerk) 2. Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 180 Days to Bar the Acceptance of Any Rezoning Applications for Property Located in the 2014 Highway 9 Vision Area. (Agenda Item No. 15-027) (Public Hearing Held at January 21, 2015 Regular City Council Meeting) (Ken Jarrard, City Attorney) 3. Election of Mayor Pro Tem. (Agenda Item No. 15-029) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-030) The minutes were provided electronically r HOME OF ' ESTAH-ISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 9, 2015 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending November, 2014. MEETING DATE: Wednesday, January 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: K APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED. O YES () NOT APPROVED NO NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: D I Z I 1S REMARKS 4 © youlm Green a : c:e...fed ; Boa r PHONE: 678.242.25001 FAX: 678.242.2499 „ ,i.r,I-1tL CommunityErhics info@icityofmiltonga.us I www.cityofmiltonga.us , 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'e`� To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on January 8, 2015 for the January 21, 2015 Regular Council Meeting Agenda Item: Financial Statements for Period 2 – November 2014 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 6.10% over what is anticipated for the second period of the fiscal year. Please remember as you look at the financial statements that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to-date are $3,167,621 and are 4.07% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,148,344, capital expenditures-to-date total $766,559. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending November 2014 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,852,000 - - - - - - Motor Vehicle Tax 915,000 94,926 76,250 18,676 94,926 76,250 18,676 Intangible Tax 150,000 - - - - - - Real Estate Transfer Tax 75,000 - - - - - - Franchise Fees 1,850,000 - - - - - - Local Option Sales Tax 8,000,000 676,377 666,667 9,711 676,377 666,667 9,711 Alcohol Beverage Excise Tax 285,000 25,149 23,750 1,399 25,149 23,750 1,399 Business & Occupation Tax 660,000 1,059 - 1,059 1,296 - 1,296 Insurance Premium Tax 1,650,000 - - - - - - Financial Institution Tax 33,000 - - - - - - Penalties & Interest 34,600 3,332 2,875 457 5,573 5,750 (177) Alcohol Beverage Licenses 135,000 110,350 110,350 - 123,550 123,550 - Other Non-Business Permits/Licenses 18,100 2,005 1,842 163 4,455 3,183 1,272 Zoning & Land Disturbance Permits 219,600 1,849 1,932 (83) 6,947 6,813 133 Building Permits 400,000 16,547 16,547 - 63,894 63,894 - Intergovernmental Revenue - - - - - - - Other Charges for Service 486,400 27,268 35,074 (7,806) 77,181 69,774 7,408 Municipal Court Fines 551,000 44,029 45,917 (1,887) 102,206 91,833 10,373 Interest Earnings 17,500 2,552 1,458 1,094 5,077 2,917 2,160 Contributions & Donations - - - - - - - Other Revenue 23,140 10,725 1,928 8,797 11,132 3,857 7,275 Other Financing Sources 30,900 11,825 908 10,917 11,825 1,817 10,009 Total Revenues 24,386,240 1,027,993 985,498 42,495 1,209,589 1,140,055 69,535 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,010 13,434 14,781 (1,348) 23,833 26,638 (2,805) City Clerk 192,358 12,988 15,102 (2,115) 31,147 35,478 (4,331) City Manager 675,067 38,928 53,327 (14,399) 92,706 106,163 (13,456) General Administration 39,414 2,604 3,118 (514) 5,813 7,590 (1,776) Finance 431,244 30,074 33,139 (3,066) 73,371 73,150 221 Legal 230,000 25,028 25,028 - 25,028 25,028 - Information Technology 772,467 85,191 88,340 (3,149) 156,824 159,193 (2,369) Human Resources 323,149 19,507 24,155 (4,649) 44,185 46,651 (2,466) Risk Management 251,855 15,966 15,966 - 31,933 31,933 - General Government Buildings 380,230 35,724 36,141 (417) 67,518 67,827 (309) Public Information & Marketing 358,730 41,464 46,242 (4,778) 61,301 76,629 (15,328) Municipal Court 301,471 18,958 22,204 (3,246) 46,001 49,794 (3,793) Police 3,956,660 277,582 287,303 (9,721) 630,779 659,168 (28,389) Fire 5,566,535 392,425 399,345 (6,919) 903,698 936,274 (32,576) Public Works 1,724,863 132,530 130,200 2,330 234,707 235,173 (466) Parks & Recreation 950,945 28,163 39,316 (11,153) 376,801 409,682 (32,881) Community Development 978,451 71,183 75,199 (4,016) 176,398 169,771 6,627 Economic Development 79,941 2,998 2,985 13 6,461 6,600 (139) Debt Service - Capital Lease Payment 184,517 - - - 179,117 179,117 - Operating Transfers to Other Funds 6,645,265 - - - - - - Operating Reserve 177,068 - - - - - - Total expenditures 24,386,240 1,244,747 1,311,893 (67,146)3,167,621 3,301,859 (134,238) Net Income/(Loss)0 (216,754)(1,958,032) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 500$ -$ -$ (1,300)$ Interest Revenues - - - (40) Crabapple Fest Sponsor 8,500 - 1,000 (6,500) Earth Day Sponsor 3,500 - - (4,000) Concert Sponsor 12,000 - - (500) Mayor's Run Sponsor 500 - - (2,000) Artisan Farmer's Market Sponsor 18,300 Craft Beer & Wine Festival Sponsor 35,000 Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 450 - - (1,500) Roundup Food Sales - - - - Total revenues 78,750$ -$ 1,000$ (15,840)$ EXPENDITURES Current: Special Events 123,825$ 2,062$ 21,651$ 43,444$ Total Expenditures 123,825$ 2,062$ 21,651$ 43,444$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 6,169$ 6,169$ (28,831)$ Total other financing sources and uses 40,000$ 6,169$ 6,169$ (28,831)$ Net change in fund balances (5,075)$ (14,482)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2014 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - 15,074 18,021 18,021 Interest Revenues/State Funds - 2 5 5 Interest Revenues/Federal Funds - 5 10 10 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 15,082$ 18,035$ 18,035$ EXPENDITURES Current: Police 33,000$ 2,696$ 4,244$ 13,756$ Total Expenditures 33,000$ 2,696$ 4,244$ 13,756$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (33,000)$ 13,792$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2014 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 36,424$ 36,424$ (763,576)$ Interest Revenue 175 - - (200) Total revenues 800,175$ 36,424$ 36,424$ (763,776)$ EXPENDITURES Current: Public Safety 821,000$ 1,310$ 2,620$ 1,114,642$ Total Expenditures 821,000$ 1,310$ 2,620$ 1,114,642$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses 400,000$ -$ -$ -$ Net change in fund balances (420,825)$ 33,804$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2014 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 60,000$ 6,169$ 6,169$ (48,831)$ Total revenues 60,000$ 6,169$ 6,169$ (48,831)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 40,000 6,169 6,169 (28,831) Total other financing sources and uses 60,000$ 6,169$ 6,169$ (48,831)$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2014 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 70,000$ -$ -$ (70,000)$ Sidewalk Replacement Account - 3,746 3,746 3,746 Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 90,000 - (90,000) HYA Fees - - - Interest Revenue 1,700 - - (1,700) Realized Gain or Loss on Investments - - - - Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 161,700 3,746$ 3,746$ (157,954)$ EXPENDITURES Capital Outlay City Council 300,000$ 10,000$ 10,000$ 290,000$ General Admin 50,000 - - 50,000 Finance - - - - IT - - - - Police 2,003,626 - 76,830 1,926,796 Fire 1,853,287 37,160 126,886 1,726,401 Public Works 7,460,790 85,472 135,479 7,325,311 Parks & Recreation 1,284,351 266,563 415,487 868,864 Community Development 196,290 1,878 1,878 194,413 Total Capital Outlay 13,148,344$ 401,073$ 766,559$ 12,381,785$ Excess of revenues over expenditures (12,986,644) (397,326) (762,813) (12,539,739) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,065,206$ -$ -$ (4,065,206)$ Transfers in from E-911 Fund 400,000$ Unallocated - - - - Lease Proceeds - - - - Proceeds of Sale of Assets - - - Budgeted Fund Balance - - - - Total other financing sources and uses 4,465,206 - - (4,065,206) Net change in fund balances (8,521,438) (762,813) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2014 7 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)188,623 - - (188,623) LMIG Funds 200,000 - - (200,000) GDOT HPP Funds 5,514,052 - - (5,514,052) MARTA Grant 177,355 - - (177,355) SR 9 @ Bethany Bend Grant 17,726 - - (17,726) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - Interest Revenues - - - - Total revenues 6,601,818$ -$ -$ (6,601,818)$ EXPENDITURES Capital Outlay Unallocated -$ -$ -$ -$ Public Safety - - Public Works 7,310,029$ 1,663,426$ 1,675,706$ 5,634,323$ Community Development 5,119 - - 5,119 Total Capital Outlay 7,315,148$ 1,663,426$ 1,675,706$ 5,639,442$ Excess of revenues over expenditures (713,330) (1,663,426) (1,675,706) (962,376) OTHER FINANCING SOURCES (USES) Transfers in to General Fund 600,180$ -$ -$ 600,180$ Total other financing sources and uses 600,180$ -$ -$ 600,180$ Net change in fund balances (113,150) (1,675,706) City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2014 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues - Contributions & Donations 100,000 - - (100,000) Total revenues 100,000$ -$ -$ (100,000)$ EXPENDITURES Capital Outlay General Government Buildings 3,133,611$ -$ -$ 3,133,611$ Parks & Recreation 9,439,124 706,835 706,835 8,732,289 Bond Principal 535,000 Bond Interest 300,000 - - 300,000 Total Capital Outlay 13,407,735$ 706,835$ 706,835$ 12,700,900$ Excess of revenues over expenditures (13,307,735) (706,835) (706,835) 12,600,900 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,979,879$ -$ -$ (1,979,879)$ Revenue Bond Proceeds 9,600,000 - - 9,600,000 Total other financing sources and uses 11,579,879$ -$ -$ 7,620,121$ Net change in fund balances (1,727,856) (706,835) City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2014 9 HOME OF ' M, NIP ESTAItL15H ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 13, 2015 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Young Men's Christian Association of Metropolitan Atlanta, Inc. MEETING DATE: Wednesday, January 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: �) YES O NO CITY ATTORNEY REVIEW REQUIRED:} YES (} NO APPROVAL BY CITY ATTORNEY � APPROVED () NOT APPROVED PLACED ON AGENDA FOR: till 2t l5 REMARKS # 4 In Youlm PHONE: 678.242.25001 FAX: 678.242.2499 0'Green � ; c,.it, d 'oo Eoo info(§cifyofmiltonga.us I www.cityofmiltonga.us uit Community �E`r;;cf 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 ''+�` To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 12, 2015 for the January 21, 2015 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Young Men’s Christian Association of Metropolitan Atlanta, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Young Men’s Christian Association of Metropolitan Atlanta, Inc. Executive Summary: This is a renewal of an existing program here in the City. Young Men’s Christian Association of Metropolitan Atlanta, Inc. will provide a sports summer camp. They run very successful quality sports camps that will enhance our summer camp programming. Funding and Fiscal Impact: The class pricing will vary per camp. 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 sports camps. Legal Review: Paul Higbee – Jarrard & Davis, December 4, 2014 (Contract Template) Document Concurrent Review: Chris Lagerbloom Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Young Men’s Christian Association of Metropolitan Atlanta, Inc. HOME OF ' tO I L,T(—) Nolp ESTABLISHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2015, 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 YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN ATLANTA, 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 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; Bethwell Community Center, 2695 Hopewell 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. ©�You� M, * *** PHONE: 678.242.2500 FAX: 678.242.2499 Green , Certified , t%,,uf Info@cityofmiltonga.us I www.cityofmiiiii Community iltonga.us y �cEthi`� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - " Pilo 0001011 '>o`` Parks and Recreation Agreement for Outside Providers 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. 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, private sessions, 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 anv other Provisions of this Agreement Parks and Recreation Agreement for Outside Providers 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. 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. Parks and Recreation Agreement for Outside Providers 1.18 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.19 The PROVIDER shall not sublet any CITY facilities to any entity. 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 cancelled 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." Parks and Recreation Agreement for Outside Providers 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 a commission consisting of 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 provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification & then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment will include the registration commission and all non-resident surcharge fees. Payments will be made to the CITY within fourteen (14) business days of PROVIDER's receipt of each invoice. 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. Parks and Recreation Agreement for Outside Providers 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. 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. Parks and Recreation Agreement for Outside Providers 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: A. Workers Compensation B. Employer's Liability Statutory $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 until December 31, 2015, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said 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. Parks and Recreation Agreement for Outside Providers 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. Parks and Recreation Agreement for Outside Providers 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 execute 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. Parks and Recreation Agreement for Outside Providers 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: I -' JOE LOCKWOOD, MAYOR PROVIDER: BY: EDWARD MUNSTER, 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: Creative Games Camp Participant Ages: 4 - 17 Day/s of the week program is offered: Monday - Friday Time of Program: 9 AM to12 NOON Program Dates: June 15 — 19, 2015 & July 20 — 24, 2015 Program Fee: $100 Program Enrollment: Minimum 5 Maximum 50 Materials to be supplied by participants: N/A Materials to be supplied by PROVIDER: All materials will be supplied by the YMCA including game equipment, water, etc Materials to be supplied by the City of MILTON: N/A Additional Program Requirements: N/A PROVIDER (`s)Name: Ed isaakson/Alpharetta Family YMCA Address: 3655 Preston Ridge Road City/State/Zip Code: Alpharetta GA 30005 Phone Number: (Day) 770-664-1220 (Evening) (E-mail): jessicat@ymcaatianta.org (Fax) 770-664-0337 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: S Fee/Program: Control No. 0X10153 STATE OF GEORGIA Secretary of State Corporations Division 315 West Tower #2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 CERTIFICATE OF EXISTENCE I, Karen C Handel, Secretary of State and the Corporations Commissioner of the state of Georgia, hereby certify under the seal of my office that YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN ATLANTA, INC. Domestic Non -Profit Corporation was formed or was authorized to transact business on 05/28/1942 in Georgia. Said entity is in compliance with the applicable filing and annual registration provisions of Title 14 of the Official Code of Georgia Annotated and has not filed articles of dissolution, certificate of cancellation or any other similar document with the office of the Secretary of State. This certificate relates only to the legal existence of the above-named entity as of the date issued. It does not certify whether or not a notice of intent to dissolve, an application for withdrawal, a statement of commencement of winding up or any other similar document has been filed or is pending with the Secretary of State. This certificate is issued pursuant to Title 14 of the Official Code of Georgia Annotated and is prima-facie evidence that said entity is in existence or is authorized to transact business in this state. WITNESS my hand and official seal of the City of Atlanta and the State of Georgia on 15th day of May, 2009 Karen C Handel Secretary of State Certification Number: 430 6301 -1 Reference: Verify this certificate online at http://corp.sos.state.ga.us/corp/soskb/Veafy.asp YMCAO.1 OP ID: ED AL_ �� � �T CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 07/11/2014 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(!!)._ PRODUCER phone: 770-934-3248 CONTACT NAME: ... ._...�........._..... Williams, Turner & Mathis Inc. P. 0. Box 450289 Fax: 770-723-8081 � _....._ _ __....T _._.__.—... PHONE -`�-1Ttwx-....... Atlanta, GA 31145 _.t�1C,.Ne,-g-A L....._.� ..........._ _.___................... Ea+A(L Williams, Turner & Mathis ADDRESS, - -••-- INSAFFORDING COVERAGE NAtC # .................. INSURER A: Great American • ..........................._.....,.._.._.._._...__.............._ _.._ M•� �_ ._.................._................._—___....._..._._.,,,..,,,._. INSURED YMCA Of Metro Ati Inc ........ ............. ... ,.„___.......... INSURER s:Zenith Insurance Co. s_.___._.__.____..._..... ; Attn: Mitch Mouchabeck _...__.._......_...._........__....._....... _............_ _ _.,___.. _ .. 100 Edgewood AV #1100 INsuRER c : ......... M„ Atlanta, GA 30303 ) kYRERD: E1i 1 OOD OLIO (. PSilAAL G ADV INJURY s $............. ............ .......E_„............. __................_._........_... INSURER E INSURER F: GRE.EO ii i3OVEMAGES GEKTiFIGATE 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, iusa�.............................................................._:.:....._K...w„...._..,,.�..."7sh4fIS0i1Ri...._._..::_....._:...._....__...__....._................._._...,_.. rf1:l€�� i= �...._....---....._...._.......__......._........_...w......_..r........_�._�.::_.�,_._.. TYPE OF fNSURANCE TR. € , € POLICYNUM13ER Mta1DD YYYFrY1 LIMITS GENERAL LIABILITY .i ' EACH OCCURRENCE I $_ 1;000;000 A X C..O....M,JERCIAL GENERAL LIABILITY JPAC2131878 05/07/2014 05107/201 _1 l>: ".r.+ojFfu[nNc7iCfrOrertr l 5 ,l? S. ,(SCi{?i00U Cl,AIMS-MADE 1—OCCUR ..PI�.,iA?FtxnMAtI __ _ $ 16,00Q p . _ ......_........................ .... .............. _....... . ........:_., .. i E1i 1 OOD OLIO (. PSilAAL G ADV INJURY s $............. ............ .......E_„............. __................_._........_... GRE.EO ii iIGEN'L AGGREGATE LIMIT APPLIES PER: . ................... ..'� COMPIOPAGG $ 1;000 009 LOC .R...A...L....A...G.GRE..ATE .- . ...VI $ AUTOMOBILE A ':' X LIABILITY' ;ANY AUTO irAP�131879 05107/2014 I'COA t1INED SINGLE LIMIT FL #r arc+d�rnit,_ 1 $ 1,U00,000 �.__ .._... .._.__._.. Iffy/0712015 BODILY 1VJURY (Per persanj 1 $ ALL OWNED _,(_e_r .....y.....1_........_.........._i.:.. 1 „` ....AUTOS...... ,i . UTS NON -OWNED (Per accden')S .......... ........................................... _.... XMii( .• •iSCHDULED HIRED AUTOS XAUTOS $ _ 1.$ )( .) A UMBRELLA UAB X OCCUR �._7 EXCESS LIAa IEA Cj( LJr;P 3 $ CH EhFCE 10,00 1000 CLAIMS -MADE r _.,_._w............_.. X U.MB2131880 05/07/2014 ` 0510712015 FtGI;;f1ECsAr[ .................__._._._. Is , 10,400,00 Ut:t2 { RETEN'rI0N3 1t]00{3 I WORKERS COMPENSATIONt AND EMPLOYERS LIABILITY i ' iJCSTJ�fU OTN € X ref?) [ lfrll l E•0•• YIN ANY PRi)PJiIE rOR1PARTNeCvIEXEGUTIVC ; OFcICERlh Et13 R ; Xs:E lik�I 07 ' N 1 A j 110069890307 j 07/01/2014 { 1 E s....._.-........._ ..... 07/01/20151E L EAC, F5( GtgFtyT i $ 1>C30il,OUO .._ -� ..- —T �� (Mandatoryfn?/ti) 1 ELpiSTPSE•CAEfapl,t7Yf•iM! p 1,AD000(t uEl^pCl Itxo iFYM1e7 C7{' SCI�.IPTIZ pF o mAr7ffNs iit iiaiv [ i ; , C1. SASME -POLICY LIMIT Is 1 Fii{i0,C7, l DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mate spaco IS required) Pleog alm YMCA youth soccer program CITYMIL City of Milton 13000 Deerfield Parkway Ste 10 Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE X; ©1988.2010 ACORD CORPORATION. All rights reROMArt ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD YMCAO-1 OP ID: ED CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDONYYY) .,.�- 07111/2014 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 Phone: 770-934-3248 CONTACT NAMEt . Williams, Turner & Mathis Inc, P. O: Box 450289 Fax: 770-723-8081 PHONE �..» --� SAX LA ......_.._.._:..:._._..._.....,.:.. Atlanta, GA 31145 ... LMAI[- A[- A_ RESS-, Williams, Turner & Mathis _................ ..... _....... .._:_.,.:...._........................ ..._:.-._..._._................__.�....�....._ INSURER(S1 AFFORAING COVERAGE NAIC #.... ._ ..._....,».................._..._......_.___...._..,........_,.....,. :..: INSURER A : Great American .. ._..._:....,-..............__�. .........._..............................._._._.............,,..,...,,,....__............,m„...,...........__.._................. INSURED YMCA Of Metro Atl Inc ...._......__.�...._::,...,.,.....,......:_.::,..,..,......,,,,.._...., INSURCo. . ......................... __............._.. �.............__....._- _...._...: ._....:..w, 100 Edgewood AV #1100 INSURER -c: Atlanta, GA 30303 iNSURER,Q :_ 11000,00 INSURER E.: _....................... _...................... .............. INSURER F COVERAGES CERTIFICATE NUMBER: REVISIONNUMBER: 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, ii se ACtt3£?sk18 '-•.._........... .......... __.._..__._......__._—.....__....,...ndi-Tcr ...jj...$aaiacr .._ ..........................w �,........_..........,...._.................._....m ._...... TYPE OF INSURANCE i 'r POLICY NUMBER MMiDetYY 1 MlJIPDi)JYYYY .) LIMITS W� A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY j PAC2131878 06/07/2014 05107/2015 I EACH OCCURRENCE 'i.)AwE'rt'kveare . PREI�RtSE�+-nI e�cusrrun*...•,.. $ 1,000,00 1,000,00 I.............. CLAIMS -MADE X OCCUR i MED EXP f�Y ore person?......., _$..• ...$ .. ....................:m 15,00 PERSONAL&ADV INJURY($ 11000,00 _....................... _...................... .............. $ GEN=_RALAGGREGATE ; $ 3,000,00 GEN'L AGGREGATE LIMIT.APPL(ES PER: OA",PlO PRODUCTS - C„ P ARG _ $ — j 3,000,00 FRC): F?OI:fCY 1 . I I LOG ..000 ..... $ AUTOMOBILE LIABILITY1 i !CAP2131879 CUI,4BINEr) SINGLE Llh1iT )�k,c GILkMi_......... ........... .............._......._1,000,00 A X > ANY AUTO i 05/07/2014 05/07/2015 BODILY INJURY (Per person) S ALL OWNED `....._..S SCHEDULED AUTOS I AUTOS w. ,., i _............................ .......:,.„, I.BODILY INJURY (Per socioent)l ....................._.......... .._...... .__...... § .._.....y HIRED AUTOS X_...... AUTOS ! ! t (fVatracui�iCtyrlPll_ v.S.l., CCNON-OWNED .iX - I $ ........_._...... t )(;UMBRELLA LIAB' I X •` OCCUR [ EACH OCCURRENCE S 10,000,00 A i EXCESS LIAR 1 ! G AIFAS-MADE V UM82131880-05 ! 05/07/2014 05/07/2015 AGGREGATE S 10,000,00 E r)ED X 000_RETE�0 i WORKERS COMPENSATION AND EMPLOYERS' LlABlLITY Y 1 N WC STtiF'U- ? OTi•.: "”"-'1'Q.R ; - B j ANY PROPR)E ORlPAP,TNER!EXECU'FIVE ❑ OFFICERIMEMEER EXCLUDED? (Mandatory In NH) N I A 0069690307 107/01 /2014 07/01/2015 E,L, EACH ACCIDENT E.t.. DISEASE - EA EMPLOYEE ! $ 1,000,000 $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below _.....__,_�_._._ E,L. DISEASE -POLICY LIMWI:.$ _ _....: __.... 1,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Ir more space is required) Fulton County Schools is additional insured for liability. FULT009 Fulton County Schools Meadows Operations Center Contracting Dept. 5270 Northfield Boulevard College Park, GA 30349 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 U 1Vt5t3-ZU1U ACTUKU GUKFUKAI IUN. All rights reserved. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD tw� " J_KN uepartment of the Treasury 13 Interna! Revenue Service In reply refer to: 0752264594 ATLANTA GA 39901-0001 Mar. 08, 2013 LTR 4168C 0 58-0566253 000000 00 00019968 BODC: TE YOUNG MENS CHRISTIAN ASSOCIATION OF METROPOLITAN ATLANTA INC 100 EDGEWOOD AVE NE STE 1100 �3f ATLANTA GA 30303-3065 )11.50 Employer Identification Number: 58-0566253 Person to Contact: Customer Service Toll Free Telephone Number: 1-877-829-5500 Dear YOUNG MENS CHRISTIAN : This is in response to your Feb. 27, 2013, request for information regarding your tax-exempt status. Our records indicate that you were recognized as exempt under section 501(c)(3) of the Internal Revenue -Code in a determination letter issued in December 1942. Our records also indicate that you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section 509(a)(2). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www.irs.gov/eo for information regarding filing requirements. Specifically, section 6033(j) of the Code Provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file. We will publish a list of organizations whose tax-exempt status was revoked under section 6033(j) of the Code on our website beginning in early 2011. HOME OF ' am I LTO N., 114 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 13, 2015 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Blaze Sports America, Inc. MEETING DATE: Wednesday, January 21, 2015 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: K) YES O NO CITY ATTORNEY REVIEW REQUIRED: 9 YES O NO APPROVAL BY CITY ATTORNEY XAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: d Z t REMARKS 0 You( PHONE: 678.242.2500 1 FAX: 678.242.2499 infoGcityofmiftonga.us I www.cityofmlltonga.us it -1 1WI COn'ilflU n ,ty ; F,rh' r 13000 Deerfield Parkway, Suite 107 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 14, 2015 for the January 21, 2015 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Blaze Sports America, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Blaze Sports America, Inc. Executive Summary: Blaze Sports America is a physical education program that promotes equity and inclusion in providing sports, recreation and physical activity opportunities for kids and adults with physical disabilities in the City of Milton. Funding and Fiscal Impact: The class pricing will vary based upon the class offered and the duration of the class. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to continue our research to find another physically disabled athletic program provider. Legal Review: Paul Higbee – Jarrard & Davis, December 4, 2014 (Contract Template) Concurrent Review: Chris Lagerbloom Page 2 of 2 Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Blaze Sports America, Inc. HOME OF ' ' I T( -)I ESTABLISHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2015, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY." and BLAZE SPORTS AMERICA, INC hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as Physically Disabled Sports Leagues & Camps at the following locations: Hopewell Middle School, 13060 Cogburn Road, Milton, GA 30004; Northwestern Middle School, 12805 Birmingham Hwy, Milton GA 30004; Cogburn Woods Elementary School, 13080 Cogburn Road, Milton GA 30004; Birmingham Falls Elementary School, 14865 Birmingham Hwy, Milton GA 30004; Bell Memorial Park, 15245 Bell Road, Milton GA 30004; Bethwell Community Center, 2695 Hopewell 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. 30 Youkm PHONE: 678.242.25001 FAX: 678.242.2499 Green o ; ce tif3rd infof�cityofmiltonga.us I www.cltyoftnlltonga.us �� Community t1yo ,* 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Parks and Recreation Agreement for Outside Providers 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. 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, private sessions, 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 ajerees that the DEPARTMENT shall have first Priority for use of CITY facilities, notwithstanding any other Provisions of this A-areement Parks and Recreation Agreement for Outside Providers 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. 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. Parks and Recreation Agreement for Outside Providers 1.18 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.19 The PROVIDER shall not sublet any CITY facilities to any entity. 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 cancelled 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." Parks and Recreation Agreement for Outside Providers 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 a commission consisting of 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 provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification & then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment will include the registration commission and all non-resident surcharge fees. Payments will be made to the CITY within fourteen (14) business days of PROVIDER's receipt of each invoice. 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. Parks and Recreation Agreement for Outside Providers 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. 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 -VP' 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 fiirnish, 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. Parks and Recreation Agreement for Outside Providers 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: A. Workers Compensation B. Employer's Liability Statutory $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 7.4 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 until December 31, 2015, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said 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. Parks and Recreation Agreement for Outside Providers 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 11 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. Parks and Recreation Agreement for Outside Providers 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 execute 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. Parks and Recreation Agreement for Outside Providers 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: BY: MARA GALIC, EXECUTIVE DIRECTOR [AFFIX CORPORATE SEAL] EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: BlazeDay - Program Introduction Participant Ages: Open to anyone Day/s of the week program is offered: One time date TBD Time of Program: 1 :00pm to3.00pm Program Dates: -•W Program Fee: Free Program Enrollment: Minimum NA l Maximum NA Materials to be supplied by participants: NA - Open session day Materials to be supplied by PROVIDER: Volleyball equipment, boccia equipment, goalball equipment, basketballs, sport chairs Materials to be supplied by the City of MILTON: Gym space Additional Program Requirements: This will be an open public event to introduce BlazeSports to the community. PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Phone Number: (Day) Decatur, GA 30030 404-270-2000 (Evening) 404-270-2000 (E-mail). jjones@blazesports.org (FaX) 404-270-2039 Minimum Requirements: 3,000,000 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: BiazeTots - multi -sport recreation program Participant Ages: 3-6 Day/s of the week program is offered: 1 /week for 8 weeks TBD Time of Program: TBD toTBD Program Dates: TBD to TB D Program F. $175.00 for 8 weeks Program Enrollment: Minimum 5 Maximum 26 Materials to be supplied by participants: Assistive devices as needed by participant Materials to be supplied by PROVIDER: Balls, chairs, rackets, nets, jump ropes, hula hoops, blindfolds, parchutes ect. Materials to be supplied by the City of MILTON: Gym space Additional Program Requirements: Parents Can Choose to Stay during the program if desired, able bodied siblings are welcome to register for class also PROVIDER (°s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Introduction to BOCCia Participant Ages: 8-65 Day/s of the week program is offered: 1 /Week for 8 Weeks TBD Time of Program: TBD to -TBD Program Dates: TBD ■ Program Fee: $120 - 8 week program - Free to injured veterans Program Enrollment: Minimum 3 NA Materials to be supplied by participants: — Materials to be supplied by PROVIDER: Boccia Equipment, ramps Materials to be supplied Indoor gym space Additional Program Requirements: Maximum 2a by the City of MILTON: PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (FaX) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only- Program nly Program Rate:$ # of programs in Session: 5 Fee/Program: 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: Kayak/Canoe Program Participant Ages: 8-65 Day/s of the week program is offered: Saturdays and Sundays Time of Program: TBD to TB D Program Dates: TBD toTBD Program Fee: $10 per Session Program Enrollment: Minimum 3 Maximum 50 Materials to be supplied by participants: Snack, towel, water appropriate shoes/clothes Materials to be supplied by PROVIDER: Lake Lanier Olympic Center Materials to be supplied by the City of MILTON: NA Additional Program Requirements: Program will be held at Lake Lanier Olympic Center. Specific dates will be selected. PROVIDER ('s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jromito@biazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.• Program Rate:$ # 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: GOalball Participant Ages: 13-18 Day/s of the week program is offered: Time of Program: TBD Program Dates: TBD 1/week for 8 weeks TBD Program F. $120.00 for 8 weeks Program Enrollment: Minimum 6 Water bottle Materials to be supplied by participants: Materials to be supplied by PROVIDER: Goals, balls, blindfolds WON Maximum 20 Materials to be supplied by the City of MILTON: Gym space Additional Program Requirements: PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Phone Number: (Day) Decatur, GA 30030 404-270-2000 (Evening) 404-270-2000 (E-mail):.jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$_ S # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Handcyclintg Participant Ages: 18-65 Day/s of the week program is offered: 1 /wk - 8 week program Time of Program: TBD to TB D Program Dates: rd .5 1401-C Program F. $120 per person - free for injured veterans Program Enrollment: Minimum 3 Maximum 20 Materials to be supplied by participants: Gloves if desired, water bottles Materials to be supplied by PROVIDER: Handcycling chairs, maps of outlined course Materials to be supplied Recommended cycling trail Additional Program Requirements: Free for Veterans by the City of MILTON: PROVIDER ('s)Name: BfazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) (E-mail): jjones@blazesports.org (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.• 404-270-2000 Program Rate:$ # 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: Holiday Break Sports Camp Participant Ages: 8-18 Day/s of the week program is offered: Monday - Wednesday Time of Program: 9:OOam to 12:00pm Program Dates: December 28, 2015toDecember 30, 2015 Program Fee: $100 per person Program Enrollment: Minimum 5 Maximum 25 Materials to be supplied by participants: Water bottles, snack Materials to be supplied by PROVIDER: Volleyball equipment, boccia equipment, goalball equipment, basketballs, sport chairs Materials to be supplied by the City of MILTON: Gym space Additional Program Requirements: PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): Jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only - Program Rate:$ # of programs in Session: I Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Summer Camp - Sports Programming Participant Ages: 13-18 Day/s of the week program is offered: Tuesday and Thursda Time of Program: TBD to -TBD Program Dates: June 2, 2015 toJu[y 23, 2015 Program Fee: $1200 for enure summer cam Program Enrollment: Minimum NA Maximum NA Water bottles Materials to be supplied by participants: Materials to be supplied by PROVIDER: Volleyball equipment, boccia equipment, goalball equipment, basketballs, sport chairs Materials to be supplied by the City of MILTON: Gym space Additional Program Requirements: PROVIDER ('s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Phone Number: (Day) Decatur, GA 30030 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only- Program nly Program Rate:$ # 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: Swimming Participant Ages: 18-65 Day/s of the week program is offered: 2 Saturdays per month Time of Program: TBD to -TBD Program Dates: January toDecember Program Fee: TBD dependent n YMCA rental cost Program Enrollment: Minimum 3 Maximum 20 Materials to be supplied by participants: Swimsuits, towels, swim floats as needed NA Materials to be supplied by PROVIDER: Materials to be supplied by the City of MILTON: MOU with local YMCA Additional Program Requirements: Program time, dates, cost based on YMCA schedule PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@biazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$ # of programs in Session: 8 Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: wheelchair Tennis Participant Ages: 8-18, 19-65 Dayts of the week program is offered: Time of Program: TBD Program Dates: TB D 1/week for 8 weeks TBD Program Fee: $120.00 per person Sm Program Enrollment: Minimum) Maximum 20 Water bottles, personal tennis racket if owned Materials to be supplied by participants: Materials to be supplied by PROVIDER: _ Tennis rackets, sport chairs, tennis balls Materials to be supplied by the Tennis Courts, lighting if program is held at night Additional Program Requirements: City of MILTON: PROVIDER (`s)Name: BiazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Phone Number: (Day) Decatur, GA 30030 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Offrce Use On/y.• Program Rate:$ # 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: Track & Field Participant Ages: 8-18 & Veterans/Active Duty Military Day/s of the week program is offered: Saturdays and/or Sundays Time of Program: TBD to TB D Program Dates: March Program Fee: $25 monthl Program Enrollment: Minimum NA Jul fee - Veterans Free Maximum NA Water bottles Materials to be supplied by participants: Materials to be supplied by PROVIDER: Racing chairs, field equipment Materials to be supplied by the City of MILTON: Outdoor track and additional field space for javelin, shot put and discus Additional Program Requirements: Free for veterans with disabilities Program will be offered in various locations outside of Milton PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404`270-2000 (E-mail): jjones@blazesports.org (r,,) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$ # of programs in Session: r 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: Bowling - veteran Participant Ages: Day/s of the week program is offered: 1 day per Week - TBD Time of Program: TBD to -TBD Program Dates: January to December Program Fee: NA - Free for veterans Program Enrollment: Minimum 3 Maximum 20 Materials to be supplied b Personal bowling ball/shoes if desired pp y participants: Materials to be supplied by PROVIDER: Bowling lanes will provide shoes, ramps, bowling balls Materials to be supplied by the City Additional Program Requirements: Location will be a local bowling alley. Still to be determined. of MILTON: PROVIDER ('s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jjones@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only.- Program n/y Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Wheelchair Basketball Summer Camp Participant Ages: 6-18 Days of the week program is offered: 2 days per Week/3hrS per day Time of Program: TBD to -TBD Program Dates: Jude 2, 2015 toJuly 30, 2015 Program Fee: $120.00 per player Program Enrollment: Minimum 5 Maximum 40 Materials to be supplied by participants: Water bottle, basketball if desired, sport chair Materials to be supplied by PROVIDER: Sport chairs, basketballs, training equipment Materials to be supplied by the City of MILTON: Basketball courts Additional Program Requirements: PROVIDER (`s)Name: BlazeSports America Address: 535 N. McDonough St. City/State/Zip Code: Decatur, GA 30030 Phone Number: (Day) 404-270-2000 (Evening) 404-270-2000 (E-mail): jromito@blazesports.org (Fax) 404-270-2039 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$ # of programs in Session: S Fee/Program: fStl'1� I.RS C?zpart�ttent the i n �+•ljJ Internal Revenue Service nuc Ser�•ice P.Q. Box 2508 Cincinnati OH 45201 In reply refer to: 0248326132 Oct. 14, 2010 LTR 4168C EO 58-2087265 000000 00 00012784 BODC: TE BLAZESPORTS AMERICA INC 535 N MCDONOUGH ST 1..,, DECATUR GA 30030 000997 Employer Identification Number: 58-2087265 Person to Contact: John Kennedy Toll Free Telephone Number: 1-877-829-5500 Dear Taxpayer: This is in response to your Oct. 04, 2010, request for information regarding your tax-exempt status. Our records indicate that you were recognized as exempt under section 501(c)(3) of the Internal Revenue Code in a determination letter issued in March 1994. Our records also indicate that you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www.irs.gov/eo for information regarding filing requirements. Specifically, section 6033(j) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of tT7e- f111n -dUe tate of '_ requii^ed -td file. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, Michele M. Sullivan, Oper. Mgr. Accounts Management Operations I Brian P. Kemp Secretary of State Entity Control No. K328547 BLAZESPORTS AMERICA, INC. 535 N. McDonough Street Decatur, Georgia 30030 STATE OF GEORGIA 2014 Corporation Annual Registration Secretary of State Control No.: K328547 Date Filed:2/15/2014 5:09:05 PM OFFICE OF THE SECRETARY OF STATE Annual Registration Filing P.O. Box 23038 Columbus, Georgia 31902-3038 Information on record as of. 5:09:06 PM Amount Due: $30.00 Amount Due AFTER June 1, 2014: 555.00 Each business entity registered or filed with the Office of Secretary of State is required to file an annual registration. Amount due for this entity is indicated above and below on the remittance form. Annual fee is S30. If amount is more thanS30 , the total reflects amounts) 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 525.00 late filing penalty fee. For faster processing, Ave invite you to file your Annual Registration online with a credit card at Httn:/hvww.sos.ga. govlcomorations/ 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 US t a t c " . All checks must be pre- printed with a complete address in order to be accepted by our offices for your filing. Absolutely, no counter or starter checks will be accepted. Failure to adhere to these guidelines will delay or possibly reject your filing. Checks that are dishonored by your bank are subject to a $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. § 14-2-129.1 Please return ONLY the original form below and applicable fee(s). For more information on Annual Registrations or to file online, visit Httn•//tvww.scs ea,gov/comnrationJ Or, call 404-656-2317. CORPORATION NAME ADDRESS CITY STATE ZIP BLAZESPORTS AMERICA, INC. 535 N. McDonough Street Decatur GA 30030 CEO: Dan Holland 16000 CHATEAU AVENUE AUSTIN Texas 78734 CFO: William Scott 15410 Milan Way Naples Florida 34110 SEC: Mara Gallic 535 N. McDonough Street Decatur Georgia 30030 THE ABOVE INFORMATION HAS BEEN UPDATED TO: CORPORATION NAME ADDRESS CITY STATE ZIP BLAZESPORTS AMERICA, INC. 535 N. McDonough Street Decatur Georgia 30030 CEO: Dan Holland 16000 CHATEAU AVENUE AUSTIN Texas 78734 CFO: William Scott 15410 Milan Way Naples Florida 34110 SEC: Jon McCullough 535 N. McDonough Street Decatur Georgia 30030 AGT: Jon McCullough 535 N. McDonough Street Decatur, GA 30030 Decatur Georgia 30030 I CERTIFY THAT I AM AUTHORIZED TO SIGN THIS FORM AND THAT THE INFORMATION IS TRUE AND CORRECT. P.O. BOX NOT ACCEPTABLE FOR REGISTERED AGENTS ADDRESS COUNTY OF REGISTERED OFFICE, Dekalb County AUTHORIZED SIGNATURE: Belinda Morris Date:2/15/2014 5:09:05 PM Total Due: Title:CFO Email: bmorris@blazesports.org $30.00 BR201 2013 Corporation Annual Registration 144 K328547%L 0030004 BLAZESPORTSAMERICAIN8 201406013 0055004 The Office of Secretary of State Securities & Charities Division Date of Notice: November 16, 2012 Mailed Tei: BlazeSports :America.. Inc. 53,5 ?north McDonough Street Decatur GA 30030-0000 Reaistrant's Email: Registrant # Cl 100')49 3 Effective Date: 11110/2012 Expiration Date: 11/10/2014 CHARITABLE ORGANIZATION PERMIT The Charitable (Or4-ani7ation identified above, having complied with the filing requirements of Q.C.G.A. § 4')-17-i, is registered as a Charitable Organization in Georgia. Such Charity is required to maintain current information on file with the Secretary Of State. The registration is effective on the. date set forth above and such registration shall expire on the: expiration date set above unless all reports are filed and the registration is renewed as required by law. 237 Coliseum Drive • Macon, Georuia 31217 s (478) 21} =2440 55'5} SY.54Y5.:52 �i t N-�1.U5 BLAZE -3 OP ID: BL CERTIFICATE OF LIABILITY INSURANCE 712123/1E(MMIDDNYYY) 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 800-446-5311 Bollinger Sports & Leisure 101 JFK Parkway 973-921-2876 Short Hills, NJ 07078-5000 AJ Morgan CONTACT PHONE FAX / ,d; AIC No: E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC A INSURERA:Markel Insurance Company 38970 INSURED Blaze Sports America, Inc. 535 N McDonough Street Decatur, GA 30030 INSURERB: ------ — INSURER C : INSURER D: MERCIALGENERAL LIABILITY Fx_� OCCUR INSURER E: INSURER F: 11/24/14 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. 1�TR TYPE OF INSURANCE DDL UB POLICYNUMBER POLICY EFF MM.DIWYY I LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A�17CLAIMS-MADE MERCIALGENERAL LIABILITY Fx_� OCCUR 8502AH021898 11/24/14 11/24115 DAMA L- T'JNt:3'toPREMISES Ea occurrence $ 100,00 MED EXP (Any one person) S 5,00 X Incl Participants DRUG TESTING LIAB INC PERSONAL & ADV INJURY S 1,000,00 X EBL Incl. GENERAL AGGREGATE $ 5,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OPAGG $ 1,000,00 X POLICY PRO- I Loc Abuse/Mol s $1M/$2 A AUTOMOBILE A LIABILITY ANY AUTO 8502AH021898 11124/14 I 11/24/15 COMBINED SINGLE LIMIT Ea accident S 1,000,00 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS I I BODILY INJURY Per accident $ ( ) X HIRED AUTOS NON -OWNED AUTOS fX PROPERTY DAMAGE $ Per accident S UMBRELLA LIAB X EACH OCCURRENCE S 1,000,00 • EXCESS LIAB OCCUR CLAIMS -MADE 4602AH021899 11/24/14 11/24/15 AGGREGATE S 1,000,00 DED RETENTION S S WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE ❑N OFFICER/MEMBER EXCLUDED? / A TORY I MITSR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S (Mandatory In NH) If yes, descdbe under I E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A lAccident Insurance 4102AH021897 11/24/14 11/24/15 Med Max: 100,00 [F,IlExcess Ded: 25 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Coverage is provided under this policy only for sponsored/supervised activities of the named insured for which a premium has been paid. Cerificate holder is included as an additional insured. CITYMIL City of Milton Suite 107A 13000 Deerfield Parkway Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD BLAZE -3 OP ID: Bl CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) TYPE OF INSURANCE 12/23114 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). PRODUCERCONTACT Bollinger Sports & Leisure 800 446-5311 101 JFK Parkway 973-921-2876 Short Hills, NJ 07078-5000 AJ Morgan NAME: PHONE Ext- FgIC No: E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC it INSURERA:Markel Insurance Company 38970 INSURED Blaze Sports America, Inc. 535 N McDonough Street INSURER B: GENERAL LIABILITY � OCCUR Decatur, GA 30030 INSURER C: INSURER D: 11/24/14 INSURER E: pAMM11r I EaoccurrenceS 100,00CLAIMS-MADE INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 DDL U8R POLICY NUMBER MM ODYN MMIOb LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A GENERAL LIABILITY � OCCUR 8502AH021898 11/24/14 11/24/15 pAMM11r I EaoccurrenceS 100,00CLAIMS-MADE MED EXP (Any one person) 5 5,00l ZCOMMERCIAL Participants DRUG TESTING LIAR INC PERSONAL&ADV INJURY s 1,000,00L Incl GENERAL AGGREGATE S 5,000,00GREGATE LIMIT APPLIES PER: JF(ITPRO- LocI PRODUCTS - COMP/OP AGG S 1,000,00ICY I Abuse/Mol $ $1Ml$2M I AUTOMOBILE LIABILITY COMBINED a aBINEDtSINGLE LIMIT S 1,000,00 A ANY AUTO 8502AH021898 11/24/14 11/24/15 BODILY INJURY (Per person) S ALTOS �( SCHEDULED AUTOS AUTOS BODILY INJURY (Per $ ( ) ! t X NON -OWNED HIREDAUTOS X AUTOS PROPERTY PerraccidentDAMAGE $ S j UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 1,000,00 A EXCESS LIAB CLAIMS -MADE 4602AH021899 11/24/14 11/24/15 AGGREGATE S 1,000,00 DED RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUOED? F—] NIA WCSTATU- I JOTH- ORY LIMITS I I ER_ E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATIONS below A Accident insurance 4102AH021897 11124/14 11/24/15 Med Max: 100,00 Full Excess Ded: 25 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Coverage is provided under this policy only for sponsored/supervised activities of the named insured for which a premium has been paid.Cerificate holder is included as an additional insured. CERTIFICATE HOLDER rANCF1 I ATlnnl CULTCOU 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, SW ACCORDANCE WITH THE POLICY PROVISIONS. Atlanta, GA 30315 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD :ornr W— Request for Taxpayer Give Form to the Rev August 2013) Identification Number and Certification requester. Da Stet send to the IRS.menial lspaamarit c; &aT,&mr lane serme Flame (as snovm on your incomo tax re tum) sustness nemeldisregarded entity name, If different from above ar BlazeSports America, Inc. to o Glee* apprapnate tux for federal tax classification Exemptions fst list t coons): c ❑ Iridt nd cti+sole proprietor Q C Corporation ❑ S Corporation ❑ partnership ❑ -t-nrsUestate o Exempt payee code to anyl ❑ urnriad imoitlty company Enter the tax ciassiiicatnon (C=C corporation, S -S corooratton, Exemption from FATCA reporting or coda fit any) c � nstructions))- ❑ Other (see instructions))- Address (number, street, and apt. or suite no.) Address Flaauester s name and address (optionail u a 835 N. McDonough Street o City, state. and ZIP code Decatur, GA 30030 Uat account numbers) here (optional) 11=11 Taxpayer identification Number MN) Enter your TIN to the appropriate box. The TIN provided must match the name given on the "Nance" line social security number _ However, fora _ m resident alien, sole proprietor, or disregarded entity, see the Part i instructions on page 3. For other re avant backup withholding. For individuate, this is your social security number n page sr,t)ti— it ;—w amnlrnrar Irfantifiratinn n)rmias (FIN). it you do not have a number. see Now to ova 17N on pace 3. Notre. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Ident:ifiication number number to enter. M58 –121018171216151 Ortatl Certification Under penalties of perjury, I certify that: 1. 1 he number shown on this form is my correct taxpayer identification number (or I am wafting for a number to be issued to me), and 2, t am not srubfect to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (ifs that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. i am a U.S. citizen or other U.S, person (defined below). and The RATCA code(s) entered on this form (f arty) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup :withholding because you have faded to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply- For mortgage interest paid, acquisition or abandonment of securest property, cancellation of debt, contributions to an individual retirement arrangement tnRA), and generally, payments other titan into t and divrde you are not required to sign the certification. but you must provide your correct TIN- See the instructions on page 3. I' ► 1 f! € I 1 Her c I U-9. Signature l- �� i JX r J✓ ! � ���`�I-26 Date ► 41i -7111f _-- — Here Genera! instructions Section references are to the interval Revenue Code unwm� ou:arvrrsa noted. Fututo developments. TN,o IRS has crcaloo a page on )RS.cov for information about Form Yt-9, at w*,tnr,iM9c;v1s9. information about any future developments affecting Form w-9 (such as legislation enacted after vie release it? trill be posted on that parr*. Purpose of Form A peirson i%ho is required to filo an Information return witn ine IRS must obtain your correct taxpayer Wentilvatzri number (TIN) to report, for example. income paid to you. paymenis made to you in sett lament of payment card and tMrd ,party network transactions, -e-at estate transactions, mortgage tnteresi you pais. aegtrisition or abandonment of secured property,, Cancellation of dabt, o- contributions you made to an RA, Usa Form W-9 only if you are a U.S, pet -son €utcluding a resident alie:il, to promvda v`our cured TIN to the person requesting it (the requester) and, when applicable, to, i Comity that the TIAL you are giving Is correct for you are waitin.3 for a nurnbar to be issued). 2 Certify that yo:i are not subject to backup withnotdnt, or 3, Claim axornpt•on from backup withholding it you are a U S, examot aa}ee. it t n f withholding tax on fore gn parbiars' share of effectnt0i connected income- and 4 Germy twat FATCA code($) entered on fill:; form (if any) tills atlrg thst you are exempt from, the FATCA reporting, is correct. Note. It you area U.S, person and a requester gives you a form other than Form W-9 to request your TIN, }vu must use the requester's form if it is subsiWtiatty similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you arc considered a U,S person if you are - An individual wrto is a U S c leen or U.S resident alien. • A partnersh.p, corporation, company, or association created or organized in tic United States cr under tike Laws of the United States, • An estate (oth8r stun a foreign estate), or • A domesm trust (as dultnad in Re gutauons sec:icn 347 77r71-7). Special Hiles for partnerships. Partrarships huff conduct a trade or iwsin ss in the Untied States are generally re:ttrired to pay a-mthhoidrng tax urtdar section 14,46 on any foreign partners' share of etfectively connected taxable infante from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section )eco require a partnership to presume that a partner is a Ifif"n person, and pay the section 1446 withholding tai. Theratora, It you are a U.S. person shat is a partner in a partnership conducting a trade cr business in the United StatesFarm Lor . provros -9 to the partnership io astattt�n your U.S. status id and avosectror 1-46 Y rnntoiding on your share of panrersnip Inco-no apo:,cace y;u ara also certifying that as a U.S. parson, yo rr atocab.. share o any partrvrsnip inrcrrte from a U.S. trade or business is not sub)act to the Cat Pla 11231x Form W-9 ni:r- 8-2013) BUSINESS ID 3689 2014 NO. 021460 NAICS CODE 813319 DATE ISSUED ,IAN 23, 2014 OCCUPATION TAX CERTIFICATE City of Decatur City of Decatur P.O. BOX 220 DECATUR, GA 30031 (404) 370-4100 EXPIRATION DATE DEC 31, 2014 NOTIFY THIS OFFICE OF ANY CHA.YGES IN LOCATION OR OWNERSHIP Other Social Advocacy Organizations TYPE OF BUSINESS MAILING ADDRESS BLAZESPORTS AMERICA, INC 536 NORTH MCDONOUGH ST DECATUR GA 30030 TBE ABOVE AAMED COMXRN IS AUTMORIZED70 DO RUSIN}SSIN THE QTY O) DECKP City of Decatur P.O. BOX 220 DECATUR, GA 30031 Cl�olDeCatm (404) 370-4100 BLAZESPORTS AMERICA, INC 535 NORTH MCDONOUGH ST DECATUR GA 30030 AUTHORIZED SIGNATURE BUSINESS ADDRESS BLAZESPORTS AMERICA, INC 535 NORTH MCDONOUGH ST Decatur, GA. 30030 HOME OF' N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 13, 2015 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Eagle Stix Rec, Inc. MEETING DATE: Wednesday, January 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. �APPROVED () NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED. OYES () NO CITY ATTORNEY REVIEW REQUIRED: {,YES () NO APPROVAL BY CITY ATTORNEY ( APPROVED PLACED ON AGENDA FOR: b 2 I REMARKS O NOT APPROVED ©*Youlm *** PHONE: 678.242.25001 FAX: 578.242.2499`!Green *�ercir; r�* TaP.10U info@cityofmiltonga.us I www.cityofmiltonga.us WILDLIFE Community I� E�"n;o. � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 14, 2015 for the January 21, 2015 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Eagle Stix Rec, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Eagle Stix Rec, Inc. Executive Summary: This is a renewal of the agreement reached last year. The Eagle Stix Lacrosse program for girls is one of the largest youth programs in the City of Milton and the largest program aimed at girls. Eagle Stix is working with us now on two IGA’s with the Fulton County Board of Education to solidify their usage of Northwestern Middle School as their base of operations. Funding and Fiscal Impact: A commission of 10% will be paid to the City of Milton two weeks following the end of registration. Non-resident fees will be collected by the provider and paid to the City at a rate of an additional 50% of the standard registration fee. Alternatives: If we do not renew with Eagle Stix, we would have to locate a new service provider. Legal Review: Contract Template – Paul Higbee, Jarrard & Davis on December 4, 2014 Page 2 of 2 Concurrent Review: Chris Lagerbloom Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Eagle Stix Rec, Inc. HOME OF ' MILTON ESTABLISHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2015, 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 EAGLE STIX REC, 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 Girls LaCrosse Leagues & Camps at the following locations: Hopewell Middle School, 13060 Cogburn Road, Milton, GA 30004; Northwestern Middle School, 12805 Birmingham Hwy, Milton GA 30004; Cogburn Woods Elementary School, 13080 Cogburn Road, Milton GA 30004; Birmingham Falls Elementary School, 14865 Birmingham Hwy, Milton GA 30004; Bell Memorial Park, 15245 Bell Road, Milton GA 30004; Bethwell Community Center, 2695 Hopewell 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. PHONE: 678.242.25001 FAX: 678.242.2499 ® "Green ` v *cenisea* „u.oi.iFr c info@cityofmiltonga.us www.cityofmiltonga.us Community , Eci,,,hf 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Parks and Recreation Agreement for Outside Providers 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. 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, private sessions, 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 Parks and Recreation Agreement for Outside Providers 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. 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. Parks and Recreation Agreement for Outside Providers 1.18 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.19 The PROVIDER shall not sublet any CITY facilities to any entity. 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 cancelled 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." Parks and Recreation Agreement for Outside Providers 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 a commission consisting of 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 provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification & then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment will include the registration commission and all non-resident surcharge fees. Payments will be made to the CITY within fourteen (14) business days of PROVIDER's receipt of each invoice. 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. Parks and Recreation Agreement for Outside Providers 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. 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 -VP' 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. Parks and Recreation Agreement for Outside Providers 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: A. Workers Compensation B. Employer's Liability Statutory $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 until December 31, 2015, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said 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. Parks and Recreation Agreement for Outside Providers 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. Parks and Recreation Agreement for Outside Providers 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 execute 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. Parks and Recreation Agreement for Outside Providers 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: BY: DAVID WINSNESS, 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: Eagle Stix Rec Inc. Participant Ages: ages 4 - 15 Day/s, of the week program is offered: Practice 1-2 days/week, weekdays,games on weekends Time of Program: Practices 5:30 to 7:30 p(daylight dependent on start and finish) Program Dates: Spring (Feb -June), Summer (1 week camp in June & Julys Fall (Sept -Nov) Program Fees (per season): Pre -K -K = $150; 151-3`d Grade = $225; 41h -51h = 250. 6-81h = $325 Program Enrollment: Minimum 100 Maximum 250 Materials to be supplied by participants: Lacrosse Stick, Goggles, Mouth Guard, Sneakers or Cleats Materials to be supplied by PROVIDER: Field Space and Equipment (Goals, Balls, Field Paint), Referees, Volunteer Coaches, Uniforms, Insurance, Organizational Requirements Materials to be supplied by the City of MILTON: Field Space (at BFES & NWMS) and maintenance as needed (generally, only at BFES), and assistance with Promotional Needs Additional Program Requirements: None PROVIDER (`s) Name: Eagle Stix Rec Inc. Address: 600 Owens Farm Road City/State/Zip Code: Milton, GA 30004 Phone Number: (Day & Evening) (410)916-1800 (E-mail): davidj winsness(a,gmail. com Minimum Requirements: 1,000,000 General Liability Insurance Letter(s) of Recommendation Office Use Only: Program Rate:$_ # of programs in Session: Fee/Program: 0tvT OF ' .ti L>TAKIS) ILL) MV, Business License (Home Based Business) IN ACCORDANCE WITH THE PROVISIONS OF THE CITY OF MILTON CODE OF ORDINANCES, LICENSE IS HEREBY GRANTED TO OPERATE THE BUSINESS REFERENCED BELOW BUSINESS: DBA: LOCATED AT LICENSE #: BUS003552-01-2015 EAGLE STIX REG, INC 600 OWENS FARM ROAD DATE ISSUED: January02, 2015 DATE EXPIRES: December 31, 2015 Given under my hand this date of January 02, 2015 ice.. _..:� �..ra ,.-'.,G_-•"..t ' Chris J. Lagerbloom City Manager POST IN A CONSPICUOUS PLACE CERTIFICATE OF LIABILITY INSURANCE DATE OR ISAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN WAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT BOLLINGER. Ina x PHONE HONP FAx 101 JFK PARKWAY SHORT HILLS, NJ Oi078 INC. No- axt):800-446-5311 {AOC,hEa):973921-2$7fi E �� ADDRESS: PHONE: 1-$00-44P.-5311 FAX: 973-921-287e, INSURE S) AFFORDING COVERAGE NAIC iNSORER A: Markel Insurance Company 33970 INSURED RtSORER S: US Lacrosse; Inc- P-FRSOWL &AW 3t Y S1.000.00 IrIaURERc: GEN`L AGGREGATE LIMIT APPLIES PER: PPOLICY ❑PRO LOC /ECT 3.13 West Urus-ersity Park -way INSURER o: Baltimore NID 21210 Re: Ea_Oe Stix Rec Inc RISURER E_ PRODUCTS -COtto.CPPr-13 32;0130;003 it#SURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAKED 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 ISAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN WAY HAVE BEEN REDUCED BY PAID CLAIMS. %NSR LTR TYPE OF INSURANCE ADDL INSR SUSR WVD POLICY NUMBER POLICYEFF TdMiD POMY EXP MM{DDJYYYY LIMITS A GENERAL LIABILITY X, COMMERCIAL GENERAL LIABILITY CLAIMS-),I.s,DE OCCUR x $502AH221W9 01/01/2015 01/01/2016 EACH OCCURRENCE Sl 000:C- £) DAt/eNr-E T4 RENfcD 5300;0i'+D PREVZFa^IEcao=muce} WED �LX7 avPersw! S51}00 Participants Liab X P-FRSOWL &AW 3t Y S1.000.00 GEN`L AGGREGATE LIMIT APPLIES PER: PPOLICY ❑PRO LOC /ECT zoZRA, , REG4yr- $5:0w:000 PRODUCTS -COtto.CPPr-13 32;0130;003 AUTOMOBILE LIABILITY ANY AUTO COfS7VEISW-AE L0XTfE3accZ--p S F.OiDIY W' 'URY Per Parvxr) $ ALL OWNED SCHEDULED 50D1y:N.a RY (Per ax163-e.) S AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS ' IF�rarklR S X UMBRELLA LIAB OCCUR ){ x Exc;iOc CURFIENICZ A EXCESS LIAB caa us 4602AH221370 01101/2015 0/101/2016 AGGREGA,r S1;Ovi);C✓JS "A3 s DED RETENTION $ WORKERS COMPENSATION Y f AND EPAPLOYERS' LIABILITY AWr^:aC3?�Z'£T4:e.'PA^'cT, �� �C.1TT$ OF=."CEFUNE Wart EXCLUDED? N/A #CSTAT r 4RY L VR'S r, $ E..L. EAa : ACC.DE v i S 'c L.C:-S:11• =-EA EIA''` OY=c $ (Mandatory in NH) !yes, 0--scrtv!E-r DESCRIPTON of OPERAT*, %.S oWN Et. x: ZEASE-"UCY UMTr S A ccident Medical 4102AH025220 01101/2015 01101/2016 Accident Limit: 3100,000 CatastrophicAcc 41G2AH30W2 01101/2015 0110112016 catastrophicLimit: 31,000,000 DESCRIPTION OF OPERATIONS] LOCATIONS / VEHICLES {Attach ACORD 101, Additional Remarks Schedule, if more space is required) Coverage applies only to teamslfeagues comprised of 100» US Lacrosse member participants during scheduled & supervised lacrosse activites. Certificate Holder is named "Additional Insured "with respect to Eagle Stix Rec Inc. CERTIFICATE HOLDER CANCELLATION City of Milton 13000 Deerfield Parkway_ suite 10"t N -Eton GA 3000I 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 @ 19$5-2010 ACOP.D CORPORATION_ All rights reseivsd. ACORD 25 {2010/05) The ACORD name and Icgo are roistered mares ofACORD CERTIFICATE OF LIABILITY INSURANCE %i. _ DAT1213112014rYY, I2,r311201A THIS CERTIFICATE IS ISSUED ASA 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 BOLLINGER, Ina 101 JFK PAPKWAY SHORT HILLS. NJ 07078 PHONE:1-800-446-5311 FAX:973-521-2874; CONTACT NAIAE: PHONE I=.No- Ed):840-44S-5311 FAX {AtC,Na.j:973-921-2876 a- t ADDRESS: x INSURER(S) AFFORDING COVERAGE NAIC # SM2A1422 383 INSURERA. Markel Insurance Company 2S970 INSURED IIISURER a: US Lacrosse; Inc. 113 West Unii`erslty P3Lk -3'4 Baltimore NIG 21210 _ WEDE>P fANr "--SYeMM) SS.f; INaURERc: INSURER D: Re: Eagle Stix Rec Inc IN SURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR LTR TYPE OF INSURANCE ADDL iNSR SUER W+ID POLICY NUMBER POLICYEFF MWD POLICY ESP MMIDINYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS4AADE ®OCCUR x SM2A1422 383 0110112015 0110112016 EACHOCC1IRR 7 E $1:0w:w DAVM TO fMNTED S3DDOW R-ZMSES d—=a D=jTfi'Yi) _ WEDE>P fANr "--SYeMM) SS.f; Participants Liab £`ccF,a`C?a4L&ADV INJURY $1:�^+�:ODD GH—WL AGGREGATE LIMIT APPLIES PER: POLICI'❑ PR4 ©LOC JECT �A ,yam ELATE $5:000:000 PzaDucra-COr PPOP AGG$2;0£0,L0 AUTOMOBILE LIABILITf ANY AUTO co)r�%EoS.raELwn-f.--ae0=ffm S 6tJ3LY SN-n47,Y dF>-t �--tbcet} $ ALL C11VNEDSCHEDULED EODLY ti3 :.Y fFeraxi}a-o S AUTOS AUTOS HI RED AUTOS NON -OWNED AUTOS _ PROPERTY DAMA"`- $ Ipec¢xi2ro S x UMBRELLA LIAB X OCCUR x EAC C1CCt ti � � S1,O00:0DD EXCESS LIAB czXWZ- 4602A.H221370 0110112015 01101/2016 AZIEIAr $1:00D:0DD MADE S DED RETENTION $ WORKERS COMPENSATION Y/1-1 AND EMPLOYERS' LIABILITY N t A PiCSTATI3 €7 �Y L J.47S T5 $ AWPR6P:�c:.= f4:atFAnTd4us,E•�G:7Tiic t}--. IC=FVVE: 5--0c E{CLUs—CED? . EL. =AC -1i A=---%7 $ EL D-2 ASE -EA Ft/PLOYcs (Mandatory in NH) 7;M. desnrte U -W tDsscC^r-rx>N O-' A Ceident Medical 4102A,H025220 0110112015 0110112010 cadent Limit: 5100,000 Catastrophic Ace 4102AH305982 0110112015 01/01/2010 ^atastrophicLimit: 51,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Coverage applies only to teamsiieagues comprised of 100% US Lacrosse member participants during scheduled & supervised lacrosse activates. Certificate Holder is named "Additional Insured " with respect to Eagle Sfix Rec Inc. CERTIFICATE HOLDER CANCELLATION Fulton County Schools 786 Cleveland AV enue SW Atlanta, GA 30315 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. /fi+�..✓ AUTHORIZED REPRESENTATIVE © 1988-2010 ACOP,D CORPOP,ATION. All right* rose vsd. CORD 25 { 10?05) Tha ACORD name and logo srs re-gistered mar's of ACORD Control No.: 14426916 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower #2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 CERTIFICATE OF INCORPORATION I, Brian P. Kemp, The Secretary of State and the Corporation Commissioner of the State of Georgia, hereby certify under -the seal of my office that Eagle Stix Rec Inc. a Domestic Non -Profit Corporation is hereby issued a CERTIFICATE OF INCORPORATION under the laws of the State of Georgia on March 19, 2014 by the filing of all documents in the Office of the Secretary of State and by the paying of all fees as provided by Title 14 of the Official Code of Georgia Annotated. M 00. - oaoo�- 1 77 h Tracking #: BmsoxgHA WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on March 19, 2014 3000 , 4ewnwo Brian P. Kemp Secretary of State Articles of Incorporation The Name of the Corporation: Eagle Stix Rec Inc. Secretary of State Control No.: 14026916 Date Fited:3l19l2014 11:06:28 AM The corporation is organized pursuant to the Georgia Nonprofit Corporation Code. The Principal Place of Business: 600 Owens Farm Road `.Milton , Georgia 30004 Registered Agent's Name and Address: Business Filings Incorporated 1201 Peachtree Street, N.E. Atlanta, Georgia 30361, Fulton County Effective Date: March 19, 2014 Optional Provisions: The principal business activity of the corporation shall be: To operate a recreational youth lacrosse program This corporation is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code. Notwithstanding any other provisions of these articles, this organization shall not carry on any activities not permitted to be carried on by an organization exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue law. No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purpose set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue -Code of 1986, or corresponding section of any future Federal tax code, or shall be distributed to the Federal, state, or local government for a public purpose. Any such assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in which the principal office of the organization is then located, exclusively for such purposes. Incorporator(s): Mark Williams 8040 Excelsior Dr., Suite 200 Madison, Wisconsin 53717 The Corporation will not have members. A person who signs a document submits an electronic filing he or she knows is false in any material respect with the intent that the document be delivered to the Secretary of State for filing shall be guilty of a misdemeanor -and, upon conviction thereof, shall be punished to the highest degree permissible by law. [O.C.G.A. § 14-2-129.1 IN WITNESS WHEREOF, the undersigned has executed these Articles of Incorporation on the date set forth below: Signed by: Mark Williams Incorporator Date: March 19, 2014 UR Y��/l+1."`'DINTERNAL REOVENUEESEREICE Y CINCINNATI OH 45999-0023 EAGLE STIX REC INC 600 OWENS FARM ROAD MILTON, GA 30004 Date of this notice: 03-20-2014 Employer Identification Number: 46-5152741 Form: SS -4 Number of this notice: CP 575 E 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 BIN 46-5152741. This BIN 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's very important that you use your BIN along with your 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 shown above isn't correct, please send us the correction using the attached tear -off stub. Annual filing requirements Most organizations with an EIN have an annual filing requirement, even if they engage in minimal or no activity. A. If you are tax exempt, you may be required to file one of the following returns or notices: Form 990, Return of Organization Exempt From Income Tax Form 990 -EZ, Short Form Return of Organization Exempt From Income.Tax Form 990 -PF, Return of Private Foundation Form 990-N, e -Postcard (available online only) Additionally, you may be required to file your annual return electronically. If an organization required to file a Form 990, Form 990 -PF, Form 990 -EZ, or Form 990-N does not do so for three consecutive years, its tax-exempt status is automatically revoked as of the due date of the third return or notice. Please refer to www.irs.gov/990filing for the most current information on your filing requirements. B. If you are not tax-exempt, you may be required to file one of the following returns: Form 1120, U.S. Corporation Income Tax Return Form 1041, U.S. Income Tax Return for Estates and Trusts Form 1065, U.S. Return of Partnership Income Please refer to Publication 1635, Understanding Your EIN, for more information about which forms you may be required to file. (IRS USE ONLY) 575E 03-20-2014 EAGL O 9999999999 SS -4 Applying for Tax -Exempt Status Receiving an EIN from the IRS is not the same thing as receiving IRS recognition of tax-exempt status. To apply for formal recognition of tax-exempt status, most organizations will need to complete either Form 1023, Application for Recognition Under Section 501(c)(3) of the Internal Revenue Code, or Form 1024, Application for Recognition of Exemption Under Section 501(a). Submit the completed form, all applicable attachments, and the required user fee to: Internal Revenue Service PO Box 12192 Covington, KY 41012-0192 Publication 557, Tax Exempt Status for Your Organization, has details on the application, process as well as information on returns you may need to file. Additional information To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you don't 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. * Provide future officers of your organization with a copy of this notice. If you have questions about your EIN, you can contact us using the phone number or 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 don't need to write us, please don't complete and return this stub. Your name control associated with this EIN is EAGL. You will need to provide this information, along with your EIN, if you file your returns electronically. Thank you for your cooperation. (IRS USE ONLY) 575E 03-20-2014 EAGL O 9999999999 SS -4 Keep this part for your records. CP 575 E (Rev. 7-2007) Return this part with any correspondence so we may identify your account. Please correct any errors in your name or address. CP 575 E 9999999999 Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 03-20-2014 ( ) - EMPLOYER IDENTIFICATION NUMBER: 46-5152741 FORM: SS -4 NOBOD INTERNAL REVENUE SERVICE EAGLE STIX REC INC CINCINNATI OH 45999-0023 600 OWENS FARM ROAD 1,rl111111111sill pill 1111Its 11111isIL])1111l1l1,l MILTON, GA 30004 Last Insertion: 04/02/14 Ad #: 2256129 Customer #: 113532 BIZFILINGS 8040 EXCELSIOR DR. STE. 200 ATTN: BRMANI PHELPS MADISON. WI 53717 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Re:2256129 Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who. being duly sworn, according to law, says she is an agent of ALM Media, LLC., publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state. and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 03/26/2014, 04102/2014 Patrice Grant (Agent) �.I K MoMq NOTARY PU8UC - GEORGIA My Commlolon Expires 2318 Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 1st of April. 2014. Last Insertion: 04/02/14 Ad #: 2256129 Account #: 113532 Notice is given that Articles of lncorporation for a non-profit corporation have been delivered to the Secretary of State for filing in accordance with the Georgia Non -Profit Corporation Code for Eagle Stix Rec Inc.. The initial registered office of the corporation is located at: 1201 Peachtree Street. N.E.. Atlanta. GA 30361. Its initial registered agent at such address is: Business Filings Incorporated. #2256129:3/26-2sh t N HOME OF ' FSTAIQIJI IED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 13, 2015 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and NFL Youth Football League, Inc. MEETING DATE: Wednesday, January 21, 2015 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: V YES ONO CITY ATTORNEY REVIEW REQUIRED. � YES () NO APPROVAL BY CITY ATTORNEY M APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 017,115 REMARKS qq�� ,, _ PH0�678.2�42.2500I FAX: 678.242.2499 Green°p1°° • civ" ` info@scityofmiltonga.us i www.cltyofmiltonga.us Community �,�h<< 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 January 12, 2015 for the January 21, 2015 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and NFL Youth Football League, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and NFL Youth Football League, Inc. Executive Summary: NFL Youth Football League is a program that will offer flag football and a variety of football related camps and programs. Program participants will learn confidence, responsibility, self- discipline as well as the fundamentals of the game through positive role models teaching the sport. The emphasis will be on learning, playing and enjoying the sport of football. Funding and Fiscal Impact: The class pricing will vary based upon the class offered and the duration of the class. This contract offers a 10% commission on registration to the City. Alternatives: If this contract is not approved, we will have to continue our research to find another flag football program provider. Legal Review: Paul Higbee – Jarrard & Davis, December 4, 2014 (Contract Template) Document Concurrent Review: Chris Lagerbloom Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and NFL Youth Football League, Inc. HOME OF ` ' MILTON'% ESTABLISHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2015, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY." and NFL YOUTH FOOTBALL LEAGUE, INC. hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as Youth Flag Football Leagues & Camps at the following locations: Hopewell Middle School, 13060 Cogburn Road, Milton, GA 30004; Northwestern Middle School, 12805 Birmingham Hwy, Milton GA 30004; Cogburn Woods Elementary School, 13080 Cogburn Road, Milton GA 30004; Birmingham Falls Elementary School, 14865 Birmingham Hwy, Milton GA 30004; Bell Memorial Park, 15245 Bell Road, Milton GA 30004; Bethwell Community Center, 2695 Hopewell 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. ©y You( - ------------- *** PHONE: 678.242.25001 FAX: 678.242.2499 Green 't Certified* T.10O info@cityofmiltonga.us I www.cityofmiltonga.us Communityk E'= 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Parks and Recreation Agreement for Outside Providers 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. 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, private sessions, 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 Parks and Recreation Agreement for Outside Providers 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. 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. Parks and Recreation Agreement for Outside Providers 1.18 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.19 The PROVIDER shall not sublet any CITY facilities to any entity. 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 cancelled 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." Parks and Recreation Agreement for Outside Providers 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 a commission consisting of 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 provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification & then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment will include the registration commission and all non-resident surcharge fees. Payments will be made to the CITY within fourteen (14) business days of PROVIDER's receipt of each invoice. 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. Parks and Recreation Agreement for Outside Providers 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. 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 -VP' 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. Parks and Recreation Agreement for Outside Providers 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: A. Workers Compensation B. Employer's Liability Statutory $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 until December 31, 2015, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said 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. Parks and Recreation Agreement for Outside Providers 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. Parks and Recreation Agreement for Outside Providers 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 execute 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. Parks and Recreation Agreement for Outside Providers 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: 00-19 JOE LOCKWOOD, MAYOR PROVIDER: BY: TIM LESTER, PRESIDENT [AFFIX CORPORATE SEAL] Parks and Recreation Agreement for Outside Providers EXHIBIT "B" City of Milton Georgia Criminal History Record Information Request and Consent Form 1) This Request Is For: ICheck Only One) _. Employment i Military . Licensing .:. Personal Use -. Other Use Not Listed �E) _. International Travel . Firefighters Employment (Ey Prospective Adoptive: Foster Parents (E - Note & 2 copes) Employment Working With The Elderly (N) Employment At A Child Care Facility (W) X Volunteer working with Children (W) Employment Working With The Mentally III (M) Police Ride Along Request iCi i Police Department Vendor/Contractor iCl 2) A History Is Requested On The Following Person: Name L.xt F sc N ec k Social Secunry Number - - Sex Race White .. Black I Asian American Indian i Unknowniother Date Of Birth Phone Number - Nrfi Dry ier L. Check If Request Is For Yourself And Proceed To Section 5 At The Bottom Of This Page_ 3) Person Requesting Criminal History: Name City of Id ilton 'Company Name (TBD) Address: 13000 Deerfield Parkway Suite 107 Phone: 678 242 2500 City: State: Zip Milton. GA :30004 4) Consent: This portion is to be used if the person requesting the criminal history is different than whom the criminal history is being inquired on (sections II & III above are not the same person) Third party notary is required I hereby give my consent for my criminal history to be run and for the above named person m section III to have access to it Seal urian STXm axe 5) In making this request. I agree that the City of Milton Police Department, its employees. heirs, trustees, etc , shall in no way be held at fault for the use or misuse of this record A photocopy of this release will be placed on He and is valid as an original hereof, even though the photocopy does not contain an original signature Incomplete requests will be denied. This report is considered accurate at time of inquiry and may change at anytime 7' u Y-ea'ea-g[—a'' .,re (ficial Use Only - Do Not Mark Below This Lne Results: 05/2008 56 Operator ARN Date Submitted i I Inquiry Date ! EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: NFL NEW FOUND Play 60 Flag Football Participant Ages: 8-14 Day/s of the week program is offered: Sunday Time of Program 3:00 to 5:00 Program Dates: March 22, 2015 to April 17, 2015 Program Fee: 200.00 Program Enrollment: Minimum 10 Maximum 50 Materials to be supplied by participants: NA Materials to be supplied by PROVIDER: NFL Registered Play 60 Jersey and Flag Materials to be supplied by the City of MILTON: Field Space Additional Program Requirements: _NA PROVIDER (`s) Name: Natalie Lester NFL YOUTH FOOTBALL LEAGUE Address: 1160 Bream Drive City/State/Zip Code Milton GA 30004 Phone Number: (Day) 404-838-6722(Evening) Same (E-mail): Drivingthebus34 gmail.com(Fax)770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. Program Rate:$ # of programs in Session: 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: NFL YOUTH FOOTBALL LEAGUE Play 60 Cogburn After School Program Participant Ages: 6-10 grades 1-5 Day/s of the week program is offered: Wednesdays Time of Program: 3:30 to 5:00 Program Dates: February 4, 2015 to April1, 2015 Program Fee: 220.00 Program Enrollment: Minimum 30 Maximum 50 Materials to be supplied by participants: NFL Registered Play 60 Jersey and Flag Materials to be supplied by PROVIDER: Materials to be supplied by the City of MILTON: Field space Additional Program Requirements: PROVIDER (`s)Name: Natalie Lester/ NFL YOUTH FOOBALL LEAGUE PROVIDER (`s)Name: Natalie Lester NFL YOUTH FOOTBALL LEAGUE Address: 1160 Bream Drive City/State/Zip Code Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) Same (E-mail):drivingthebus34@gmail.com (Fax) 404-838-6722 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: i Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: NFL NEW FOUND Spring Tackle Training Participant Ages: 8-14 Day/s of the week program is offered: Sunday Time of Program 3:00 to 5:00 Program Dates: March 22, 2015 to April 17, 2015 Program Fee: 240.00 Program Enrollment: Minimum 10 Maximum 50 Materials to be supplied by participants: NA Materials to be supplied by PROVIDER: players will train with State of the art equipment Materials to be supplied by the City of MILTON: Field Space Additional Program Requirements: _NA PROVIDER (`s)Name: Natalie Lester NFL YOUTH FOOTBALL LEAGUE Address: 1160 Bream Drive City/State/Zip Code Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) Same (E-mail):drivinathebus34@gmaii.com (Fax) 404-838-6722 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only.• Program Rate:$ # of programs in Session: S Fee/Program: EY. -MBI 1 "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: NFL YOUTH FOOTBALL LEAGUE Summer Camp #1 Participant Ages: 6-13 Day/s of the week program is offered Monday -Friday Time of Program: 9:00 to 12:00 Program Dates: June 1, 2015 to June 5, 2015 Program Fee: 240.00 Program Enrollment: Minimum 30 Maximum 100 Materials to be supplied by participants: Camp Shirt Materials to be supplied by PROVIDER: NA Materials to be supplied by the City of MILTON: NA Additional Program Requirements: NA PROVIDER (`s) Name: Natalie Lester NFL YOUTH FOOTBALL LEAGUE Address: 1160 Bream Drive City/State/Zip Code: Milton GA 30004 Phone Number: (Day) 404- 838-6722 (Evening) SAME (E-mail): ,Jrivingthebus34@gmail.com (Fax) 770-664-9080 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: NFL YOUTH FOOTBALL LEAGUE Summer Camp #2 Participant Ages: 6-13 Day/s of the week program is offered: Monday -Friday Time of Program 9:00 to 12:00 Program Dates: June 8, 2015 to June 12, 2015 Program Fee: 240.00 Program Enrollment: Minimum 30 Maximum 100 Materials to be supplied by participants: Camp Shirt Materials to be supplied by PROVIDER: NA Materials to be supplied by the City of MILTON: NA Additional Program Requirements: PROVIDER (`s) Name: Natalie Lester NFL YOUTH FOOTBALL LEAGUE Address: 1160 Bream Drive City/State/Zip Code: Milton GA 30004 Phone Number: (Day) 404-838-6722 (Evening) SAME (E-mail) drivingthebus34@gmail.com (Fax) 770-664-9080 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$ # of programs in Session: S Fee/Program: Control No.: 14010744 Secretary of State Corporations Division 313 rest Tower #2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 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 L Youth Footbal League, Inc. a Foreign Non -Profit Corporation has been duly formed under the laws of Georgia and has filed an application meeting the requirements of Georgia law to transact business as a foreign Non -Profit Corporation in this state. WHEREFORE, by the authority vested in me as the Secretary of State, the above Non -Profit Corporation is hereby granted, on January 28, 2414, a certificate of authority to transact business in the State of Georgia as provided by Title 14 of the Official Code of Georgia Annotated. Attached hereto is a true and correct copy of said application. WITNESS my hand and offical seal in the City of Atlanta and the State of Georgia on February 04, 2014 7 � 4 Brian P. Kemp Secretary of State NFL -NEW -01 MICJOE7 DATE (111IM1DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, RAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE AECONTRACT BETND OR ALTER WEEN fTHE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policypes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. ficate holder in lieu of such endorsemeA statement on this certificate does not confer rights to the certint s}. PRODUCER CONTACT Altus Specialty Group, LLC NAME: 320 Congress Street PHONE 2nd Floorc�No Ext): (617) 398-5555 FAX C No)- (857) 350-4240 AI Boston, MA 02110 ADDRESS: INSURERS AFFORDING COVERAGE MAIC # INSURED INSURER A : HCC Specialty Insurance Company INSURER B: AIG NFL - NEW FOUND LIFE INSURER C: 1600 BREAM DR MILTON, GA 30004 INSURER D: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE lNSU ED NAMED ABOVE MBEOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT TH 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. R R TYPE OF INSURANCE OLICY NUMBER GENERAL LIABILITY P MPOOLICCY EFF POLICY EXP Ifte2mmLIMITS A X COMMERCIAL GENERAL LIABILITY 147003962EACH OCCURRENCE S 1 CLAIMS -MADE OCCUR ® 04/13/2014 04/13/2015 PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 X POLICY PRO LOC PRODUCTS - COMP/OP AGG S 2 AUTOMOBILE LIABILITY $ COMBINED SINGLE LIMIT ANY AUTO Ea accident $ ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per person) $ AUTOS NON -OWNED HIRED AUTOS BODILY INJURY (Per accident) S AUTOS PROPERTY DAMAGE PER ACCIDE $ UMBRELLA UAB s OCCUR EXCESS UAB CLgIMS-MADE EACH OCCURRENCE S D£D RETENTION $ AGGREGATE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N S WC STATU- OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE OFMCER/MEMBER EXCLUDED? ❑ N / A TRY I IMITS R (Mandatory in NH) E.L. EACH ACCIDENT $ yes,RIPTION describe under D DESCOF OPERATIONS below E.L DISEASE - EA EMPLO $ 8 ACCIDENT & HEALTHSR00009133720 E.L. DISEASE - POLICY LIMIT s 04/13/2014 04/13/2015 SEE REMARKS DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) f HE CERTIFICATE HOLDER is added as an additional insured with respects to general liability coverage but only with respect to liability arising out of the merations of the named insureds league. Sexual Abuse / Molestation limits are as follows: $1,000,000 EACH OCCURRENCE 1$2,00o,000 AGGREGATE BE CITY OF MILTON AND FULTON COUNTY SCHOOLSANY OF THEULD EXPIRATIONH DA EV THEREOF,E N0710EPOLICIES Wil.LCBECDELIVERED BEFOREBE13000 DEERFIELD PARKWAY SUITE #107 ACCORDANCE WITH THE POLICY PROVISIONS. MILTON, GA 30004 AUTHORIZED REPRESENTATIVE OC 19 4" ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD D CORPORATION, All rights reserved. NFL -NEW -01 MICJOEI CERTIFICATE OF LIABILITY INSURANCE F DATE (MM/DD/YYYY) _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 4121/2014 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 endorsementlsl. PRODUCER Altus Specialty Group, LLC 320 Congress Street 2nd Floor Boston, MA 02110 Aic No Exti, (817) 398-5555 (AIICC, No): (857) 350-4240 aaeee INSURED INSURER A : HCC NFL - NEW FOUND LIFE INSURER C: 1600 BREAM DR INSURER D MILTON, GA 30004 Insurance If rctvlstVN 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. R TYPE OF INSURANCE ZMPOLICY EFf POLICY EXP POLICY NUMBER MM/DD/YYYYI lMMIDD/YYY`n LIMITS I GENERAL LIABILITY I I A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR 147003962 04/13/2014 04/13/2015 EACH OCCURRENCE $ 1 PREMISES E.aoNccurrenceS MED EXP (Any one person) $ PERSONAL &ADV INJURY $ 1 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC JECTAUTOMOBILE GENERAL AGGREGATE 2 $ PRODUCTS - COMP/OP AGG $ 2 S LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT Ea acc dent S BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYERIC AMAGE $ $ UMBRELLA LUlB EXCESS OCCUR CLAIMS -MADE EACH OCCURRENCE $ DED RETENTION $ AGGREGATE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y / N OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) IF yes, describe under DESCRIPTION OF OPERATIONS below N / A $ WC STATU- OH - T T RYTATER E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOY $ B ACCIDENT& HEALTH 5RG0009133720 04/13/2014 04/13/2015 E.LDISEASE-POLICY LIMIT S SEE REMARKS DESCRIPTION OF OPERATIONS t LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) SHE CERTIFICATE HOLDER is added as an additional insured with respects to general liability coverage but only with respect to liability arising out of the )perations of the named insureds league. Sexual Abuse / Molestation limits are as follows: $1,000,000 EACH OCCURRENCE / $2,000,000 AGGREGATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE FULTON COUNTY SCHOOL THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 5270 NORTHFIELD BOULEVARD ACCORDANCE WITH THE POLICY PROVISIONS. College Park, GA 30349 AUTHORIZED REPRESENTATIVE rr ©1988-2010 ACORD CORPORATION. Ali rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD —Ot4F OF LSI:AC11SI ICP 2416 Business License (Commercial / No Gross Receipt) IN ACCORDANCE WITH THE PROVISIONS OF THE CITY OF MILTON CODE OF ORDINANCES, LICENSE Is HEREBY GRANTED TO OPERATE THE BUSINESS REFERENCED BELOW BUSINESS: NFL -NEW FOUND LIFE YOUTH FOOTBALL LEAGUE DBA: LOCATED AT.- 1160 BREAM DRIVE LICENSE #: BUS003325-03-2014 DATE ISSUED: December 11, 2014 DATE EXPIRES: December 31, 2015 iven under my hand tMs plate of December 11, 2014 Chris J. Lagerbloom City Manager POST IN A CONSPICUOUS PLACE NFL -NEW -01 MICJOEI CERTIFICATEDATE (MMrODtYYYY) 4/21/2014 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 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 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(sl. PRODUCER CONTACT Altus Specialty Group, LLC NAME: 320 Congress Street PHONE g Arc No Ert : (617) 398-5555 2nd Floor E-MAIL Arc No : (857) 350-4240 Boston, MA 02110 ADDRESS: INSURED INSURER A: HCC Specialty Insurance INSURER B. AIG NFL - NEW FOUND LIFE INSURER C : 1600 BREAM DR INSURER D: MILTON, GA 30004 _.- u.ourcrrc r COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE IMAM -SUN POLICY NUMBER UOCY EFF POLICY GENERAL LIABILITY MRQ LIMITS A COMMERCIAL GENERAL LIABILITY 147003962 EACH OCCURRENCE $ 1,000,00 04/13/2014 04/13/2015 PREMISES Ea occurrence $ 300,00 CLAIMS -MADE ®OCCUR MED EXP (Any one person) $ PERSONAL &ADV INJURY S 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC PRODUCTS -COMPIOPAGG S 2,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO Ea accident $ ALL OWNED SCHEDULED BODILY INJURY (Per person) $ AUTOSNUTOS ON -OWNED BODILY INJURY (Per accident) $ HIRED AUTOS AUTOS PROPERTY DAMAGE PER ACCIDENT) S —F4UMBRELLA LIAB OCCUR EXCESS LIAB EACH OCCURRENCE S CLAIMS -MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION S AND EMPLOYERS' LIABILITY 7DISEASE - OTH- ANY PROPRIETORIPARTNER/EXECUTIVE YrN S EROFFICERIMEMBER EXCLUDED? ❑ N1A ENT $ (Mandatory in NH) Ifyes, describe under A EMPLOYE S DESCRIPTION OF OPERATIONS belowB ACCIDENT& HEALTH OLICY LIMIT $ SRG0008133720 04!13!2014 04/1312015 SEE REMARKS DESCRIPTION OF OPERATIONS / LOCATIONS r VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THE CERTIFICATE HOLDER is added as an additional insured with respects to general liability coverage but only with respect to liability arising out of the operations of the named Insureds league. Sexual Abuse / Molestation limits are as follows: $1,000,000 EACH OCCURRENCE / $2,000,000 AGGREGATE USA Football Association and NFL Flag is added as an additional insured with respects to general liability coverage but only with respect to liability arising out of the operations of the named Insureds league. NFL Properties LLC, NFL Ventures, L.P., the National Football League and its member professional football clubs, and each of their respective officers, SEE ATTACHED ACORD 101 CERTIFICATE HOLDER rentr•Gr t a nn®. USA FOOTBALL ASSOCIATION ATTN: NFL FLAG FOOTBALL 45 N PENNSYLVANIA ST Indianapolis, IN 46204 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 O 1988-2010 ACID W CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD NFL -NEW -01 MICJOEI CERTIFICATE OF LIABILITY INSURANCE I DATE (MmmanrYYY) 4121/2014 THIS CERTIFICATE IS ISSUED ASA 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 Altus -Specialty Group, LLC NAME: 320 Congress Street PHONEaC Ne Fti: (617) 398-5555 2nd Floor EMAIL vc No : {857) 350-4240 Boston, MA 02110 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: HCC Specialty Insurance Company INSURER B: AICs NFL - NEW FOUND LIFE INSURER C : 1600 BREAM DR INSURER D: MILTON, GA 30004 INSURER E: COVERAGES CERTIFICATE NUMBER: V___1 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. ►NSR LTR TYPE OF INSURANCE Am POCYEXPPOLICY NUMBER POLICY EF GENERAL LIABILITY MLIM�D LIMITS A X COMMERCIAL GENERAL LIABILITY 147003962 EACH OCCURRENCE S 1,000,00 04!13/2014 04/13/2015 PREMISES occurrence $ 300,00 CLAIMS -MADE ® OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY S 1,{)00,00 GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 21,000,00 X POLICY PRO- LOC PRODUCTS -COMP/OPAGG S 2,000,00 AUTOMOBILE LIABILITY $ COMBINED SINGLE LIMIT Ea accident S ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per person) S AUTOS AUTOS NON OWNED BODILY INJURY (Per ac ident) S HIRED AUTOS AUTOS PROPERTY DAMAGE PER ACC40EN S S UMBRELLA UAB OCCUR EXCESS UAB F�4CH OCCURRENCE S CLAIMS -MADE AGGREGATE S DED RETENTION - WORKERS COMPENSATION S AND EMPLOYERS' LIABILITY WC STATU- OTH- ANY PROPRIETOR/PARTNERIEXECUTIVE!N TORY LIMITER OFFICER/MEMBER EXCLUDED? ❑ N 1 A E.L. EACH ACCIDENT $ (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYE S DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B ACCIDENT & HEALTH SFtG0009133720 04/13/2014 04113/2015 SEE REMARKS DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THE CERTIFICATE HOLDER is added as an additional insured With respects to general liability coverage but only With respect to liability arising out of the operations of the named insureds league. Sexual Abuse / Molestation limits are as f0lIOWS: $1,000,000 EACH OCCURRENCE / $2,000,000 AGGREGATE THIS CERTIFICATE OF INSURANCE IS EVIDENCE OF INSURANCE FOR NFL - NEW FOUND LIFE CERTIFICATE HOLDER 11AKle-M, , NFL - NEW FOUND LIFE 1600 BREAM DR MILTON, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD RX ISA HOME OF ` -x ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 13, 2015 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: Wednesday, January 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: KYES APPROVAL BY CITY ATTORNEY �`(%j APPROVED PLACED ON AGENDA FOR. d 12 1 4 S REMARKS {) NOT APPROVED () NO () NO {) NOT APPROVED 13 * Youn PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cifyofmiltonga.us �,� Community 1��z' j 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 14, 2015 for the January 21, 2015 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 and developmental leagues 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, Half Time Sports will also offer some additional sports camps. 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 2015. Legal Review: Paul Higbee – Jarrard & Davis, December 4, 2014 (Contract Template) Concurrent Review: Chris Lagerbloom Page 2 of 2 Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Half Time Sports, LLC. CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this __ day of _ ____, 2015, 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 Camps, Sports Camps, and Developmental Leagues 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; Birminghan:. Falls Elementary School, 14865 Birmingham Hwy, Milton GA 30004; Bell Memoriai Park, 15245 Bell Road, Milton GA 30004; Bethwell Community Center, 2695 Hopewell 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. IJ » Vou lD' \G"'ee~..PHONE: 678.242.2500 I FAX: 678.242 .2499 WII.OLlH COmmUnl hlInfo@cltyofmlltonga.us I www.cltyofmlltonga.us ' ........ .., ........, ~7 -CIIUI".a ...ONZ'­13000 Deerfield Parkway. Suite 107 I Milton GA 30004 Parks and Recreation Agreement for Outside Providers 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MIL TON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. 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 establish.ments, 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, private sessions, 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 ofthis Agreement Parks and Recreation Agreement for Outside Providers 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. 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 hislher 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. Ifthe 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 . Parks and Recreation Agreement for Outside Providers 1.18 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.19 The PROVIDER shall not sublet any CITY facilities to any entity. 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 cancelled and the matter reported to the DEP ARTMENT for correction. If the PROVIDER elects to hold hislher programs in the facility provided, it will be preswned 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 minimwn numbers of participants for each program as designated in Exhibit "A." Parks and Recreation Agreement for Outside Providers 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 a commission consisting of 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 provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification & then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment will include the registration commission and all non-resident surcharge fees. Payments will be made to the CITY within fourteen (14) business days of PROVIDER's receipt of each invoice. 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. Parks and Recreation Agreement for Outside Providers 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. 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 ofliability: $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. Parks and Recreation Agreement for Outside Providers 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: 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 tenn 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 tenninated 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 tennination of the contract will be detennined by the DEPARTMENT. 7.2 The tenn of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2015, unless tenninated sooner as provided in this Article. Renewal of this Agreement beyond said tenn shall require the mutual written agreement of the CITY and PROVIDER. 7.3 This Agreement may be tenninated by the CITY for convenience upon giving of at least thirty (30) days prior written notice of tennination to the PROVIDER at the PROVIDER's address set forth herein at the sole and exclusive discretion of the CITY. This Agreement may be tenninated 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. Parks and Recreation Agreement for Outside Providers 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. Parks and Recreation Agreement for Outside Providers 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 docwnent 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 execute 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. ------------------------ Parks and Recreation Agreement for Outside Providers IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. CITY: ATTEST: BY: SUDIE GORDON, CITY CLERK JOE LOCKWOOD, MAYOR PROVIDER: WITNESS: BY: KIM COLEMAN, PRESIDENT [AFFIX CORPORA IE SEAL] Parks and Recreation Agreement for Outside Providers EXHIBIT "B" City of Milton Georgia Criminal History Record Information Request and Consent Form 1) This Request Is For: (Check Only Ooe) o Employment Mi tary 0 Licensing 0 Personal Use Other Use Not Listed (E) o International Travel 0 Firefighters Employment (E) o Prospective Adop6vefFoster Parents (E + Note & 2copies) o Employment Working With The Elderly (N) o Employment At A Child Care Facility (W ) X Volunteer working with Children (W) o Employment Working With The Menially 11\ (M) o Police Ride Along Request (C) [) Police Department Vendor/Contractor (e) 2) A History Is Requested On The Following Person: Name :~~________ L... Social Security Number: _________ -Sex : ___ Race: 0 White 0 Black 0 Asian :J American Indian UnknownJOther Phone Number: _________Date Of Birth:_=~ M!rdh -0;;-Yeo... Check If Request Is For Yourself And Proceed To Section 5 At The Bottom Of This Page . 3) Person Requesting Criminal History: Name: City of Milton/Company Name (TBO) Address : 13000 Deerfield Parkway Suite 107 Phone 678 242 2500 City/State/zip Milton , GA 30004 4) Consent: This portion is to be used if the person requesting the criminal history is different than whom the criminal history is being inquired on (sections II & 1\1 above are not the same person). Third party notary is required. I hereby give my consent lor my Climinalhislory to be run and lor the above named person III section III to have access to it. Seal : 5) [n maklng this request. I agree that the City of ~1inon Police Department. its employees, heirs, trustees, etc., shaU in no way be held at fault for the use or misuse of this record . A photocopy of this release WIll be placed on ftle and is valid as an original hereof, even ttlough the photocopy does not contain an original signature . Incomplete requests wm be denled . This report is consldered accurate at time of inquiry and may change at anytime . Onida! Use Only -Do Not Marl< BelOw This Une Operator_____ ARN _____ Resuits : _____________ Date Submitted __,__,___ 0512008 56 Inquiry Date __' __'___ 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: 141h Annual Hoops City Basketball Camp Series Participant Ages: 5 -15 boys and girls Day/s of the week program is offered: Monday -Friday Time of Program: 9 :00 am to 2 :30 pm Program Dates: June 8 -12; June 15 -19; June 22 -26; June 29 -July 3; July 6 -10; July 13 -17, 2015 Program Fee: $100 -$199 Program Enrollment: Minimum 20 Maximum 80 Materials to be supplied by participants: Basketball Training Materials to be supplied by PROVIDER: Basketball Training Materials to be supplied by the City of MILTON: Advertising and Marketing of camps Additional Program Requirements: Every camper/parent must sign a waiver form and provide insurance PROVIDER ('s) Name: Halftime Sports, LLC Address: 12460 Crabapple Road, #337 City/State/Zip Code: Alpharetta, Georgia 30004 Phone Number: (Day) 770-751-6674 (Cell) 404:"429-1584 (Fax) __________________(E-mail): 2thehoop@bellsouth.net Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only: Program Rate :$ ___ # 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 filing of all documents in the Office of the Secretary of State and by the paying of all fees as provided by Title 14 of the Official Code of Georgia Annotated. -> > WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on March 19, 2014 Brian P. Kemp Secretary of State Tracking #: XsWT3NeO DATE (MM/DDIYYYYJ ACORDTM CERTIFICATE OF LIABILITY INSURANCE l 0311712014 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 tenns and conditions of the policy, certain poli,!=ies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sj. PRODUCER Caroline Florez PHONE :Summit America 800-955-1991 rAJ(: (AlC, No): 913-327-0201AlC No. Ext]:PO Box 25936 E-MAIl programs@summitamerica-ins.com Overland Park Kansas 66225 ADDRESS: INSURER(S) AFFORDING COVERAGE NAlC# 23787 INSURED Halftime Sports 12460 Crabapple Road, #337 Alpharetta, GA 30004 A Member of the Sports, Leisure & Entertainment RPG NSURERF: COVERAGES CERTIFICATE NUMBER' W00435269 REVISION NUMBER' ONTACT NAME: NSURERA: Nationwide Mutual Insurance Company NSURERB: NSURERC: NSURERD: NSURERE: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . NSR TYPE OF INSURANCE ADOl SUBR POLICY NUMBER POllCYEFF POllCYEXP LIMITSlTR INSD WVD (MMIDDIYY) (MMIODIYY) A x COMMERCIAL GENERAL LIABILITY X 6BRPGOOOOO05378800 03/28/2014 03/2812015 EACH OCCURRENCE $1,000,000 I CLAIMS-MADE o OCCUR 12:01 AM ED! 12:01 AM DAMAGE TO RENTED $300,000PREMISES (Ea occurrence] MED EXP (Anyone person) $5000-PERSONAL & ADV INJURY $1,000,000- - GEN'; AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE r-­D DLOC $500000C PRO­POLICY JECT PRODUCTS-COMP/OP AGG $1 ooo,ooe r-OTHER PROFESSIONAL LIABILITY $1,000,000r-­ $1,000,000LEGAL LlAB TO PARTICIPANTS A AUTOMOBILE LIABILITY 6BRPGOOOOO05378800 03/28/2014 03/28/2015 COMBINED SINGLE LIMIT $1,000,000 ;--ANY AUTO 12:01 AM EDT 12:01 AM EaAcddent) BODILY INJURY (Per person) r-ALL OWNED AUTOS ~CHEDULED BODILY INJURY (Per accident) r­L1TOS X HIRED AUTOS X ~~WNED PROPERTY DAMAGEI(Per accident)X Not provided while in Hawaii UMBRELLA lIAB D ,OCCUR EACH OCCURRENCE-EXCESS LIAB CLAIMS-MADE AGGREGATE -OED jlRETENTION WORKERS COMPENSATION IPER I IOTHERAND EMPLOYERS' LIABILITY YIN STATUTE ANY PROPRIETORSHIPIPARTNERI D E.l. EACH ACCIDENTEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA E.L DISEASE -EA EMPLOYEE (Mandatory In NH) If yes, descrtbe under E.l. DISEASE -POLIcY LIMITDESCRIPTION OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS 6BRPGOOOOO05378800 03/2812014 03/28/2015 PRIMARY MEDICAL 12:01 AM EDT 12:01 AM EXCESS MEDICAL $250,000 DES' RIPTION OF OPERATIONS I LOCATIONS I VEHICL S!A Ru ,Aadiuona Remar1<. licnedule, may be attached if 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~rt, by..the acts or omissions of the named insured . CERTIFICATE HOLDER CANCELLATION City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 (Owner/Lessor of Premises) 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 ~W 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. DATE (MMlDDIYYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE I 05/08/2014 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). CONTACTPRODUCER Caroline Florez NAME : Summit America PHONE: 800-955-1991 IFAX: (Alc. No): 913-327-0201AlC No. Extl:PO Box 25936 E·MAIL Overland Park Kansas 66225 ~DDRESS: programs@summitamerica-ins.com INSURERIS) AFFORDING COVERAGE NAIC # INSURER A: Nationwide Mutual Insurance Company 23787 INSURED NSURER B: Halftime Sports INSURERC: 12460 Crabapple Road . #337 INSURER 0 : Alpharetta . GA 30004 NSURER E: A Member of the Sports . Leisure & Entertainment RPG INSURER F: COVERAGES CERTIFICATE NUMBER' W00459232 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 . NSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITSLTR INSD WVD (MMlDDIYYI (MM/DDIYYI A X COMMERCIAL GENERAL LIABILITY X 6BRPGOOOOO05378800 03/28/2014 03/28/2015 EACH OC CURRENCE $1 .000 .000 I CLAIM S-MADE o OCC UR 12 :01 AM ED 12:01 AM DAMAGE TO RENTED $300.000PREMISES (!:a occurrence) r-­MED EXP (Anyo ne person ) $5000 PERSONAL to ADV INJURY $1 .000.000 r-­ r-­ GEN ': AGG RE GA TE LIMIT APPLIES PER GENERAL AGGREGATE r-­D ~5 000 000 PRO­ D LOC PR OD UCTS.cOMP/OP AGGPOLICY JE CT $1 .000000r-­OTHER PROFES SIONAL LIABILITY $1.000.000 r-­LEGAL L1AB TO PARTICIPANT S $1.000.000 A AUTOMOBILE LIABILITY 6BRPGOOOOO05378800 03/28/2014 03/28/2015 COMBINED SINGLE LIMIT $1.000 .000 Ea Acci dent)r­12 :01 AM ED 12:01 AM ANY AUTO BODILY INJURY (Per person ) C­ ALL OWNED AUTOS bJCHEDULED BODILY INJURY (Per aca dent) r-UTOS HIRED AUTOS X N~~WNED PR OPERTY DAMAGE X Per accident!'X Not provided while in Hawaii UMBRELLA LlAB [JOC CUR EACH OCCURRENCE r-EXCESS LlAB CLAIM S·MADE AGGREGATE c-DED llRE TENTION WORKERS COMPENSATION I PER I I OTHERAND EMPLOYERS ' LIABILITY YiN STATUTE ANY PROPRIETORSHIP/PARTNER/ D E.L. EA CH ACCIDENTEXECUTIVE OFFI CER/MEMBER EXCLUDED? NIA E.L. DISEA SE -EA EMPLOYEE (Mandatory In NH) If yes , describe und er E.L. DISEASE -POLI CY LIMIT DE SCRIPTI ON OF OPERATION S below A MEDI CAL PAYMENTS FOR PARTI CIPANTS 6BRPGOOOOO05378800 03/28/2014 03/28/2015 PRIMAR Y MEDICA L 12 :01 AM ED 12:01 AM EXCE SS MEDICAL $250.000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101 , Additional Remarks Schedule. may be attached If more space is required) Sport(s): Basketball Age(s): 12 and under . 13-15 Hosted Tournament 1: Event Date: 03/28/2014 to 03/30/2014 Event Location : 3910 Canton Road. Marietta, 30066 Sport(s): Basketball Age(s): 12 and Under, 13-15 The certificate holder is added as an additional insured , but onl~for liability caused , in whole or in part . by the acts or omissions of the named insured. CERTIFICATE HOLDER CANCElLATlON Fulton County School System 5270 Northfield Blvd College Park. GA 30349 (Owner/Lessor of Premises) 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 ~W 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, ~'iiIl IRS DEPARTMENT OF THE TREASURY ~~W INTERNAL REVENUE SERVICE 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/TOO 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. CITY OF ALPHARETTA, GEORGIA License2 SOUTH IV1AIN STREET CONSPICUOUS 678-297 -6086 Number POST IN A PLACE Comments: 5457 ID: 14163 770-751-6674 ,. ;. .. c, y► HOME OF ` ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 13, 2015 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: Wednesday, January 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages it necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES () NO CITY ATTORNEY REVIEW REQUIRED: 4 YES O NO APPROVAL BY CITY ATTORNEY P APPROVED () NOT APPROVED PLACED ON AGENDA FOR: Ca121r'�" REMARKS © Your -- - -. PHONE: 6 78.2 42.2500 E fAX: 678.242.2499 ,Green *[erc�tied* Top.1W infoCcityofmiltonga.us I www.cityofmiitonga.us WILDLIFECommunity�E ; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 12, 2015 for the January 21, 2015 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 fitness programming. Legal Review: Paul Higbee – Jarrard & Davis, December 4, 2014 (Contract Template) Document 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 ' �IMILII'ON ESTABLISHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2015, 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 111,Alpharetta GA 30004; Hopewell Middle School, 13060 Cogburn Road, Milton, GA 30004; Northwestern Middle School, 12805 Birmingham Hwy, Milton GA 30004; Cogburn Woods Elementary School, 13080 Cogburn Road, Milton GA 30004; Birmingham Falls Elementary School, 14865 Birmingham Hwy, Milton GA 30004; Bell Memorial Park, 15245 Bell Road, Milton GA 30004; Bethwell Community Center, 2695 Hopewell 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. 91*i011in y,. *** PHONE: 678.242.25001 FAX: 678.242.2499 G66 -0n tCertified* „ii.i,i.ii i Commun' city info@cityofmiltonga.us I www.cityofmiltonga.us R y �,EthicsL� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Parks and Recreation Agreement for Outside Providers 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. 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, private sessions, 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 Parks and Recreation Agreement for Outside Providers 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. 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. Parks and Recreation Agreement for Outside Providers 1.18 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.19 The PROVIDER shall not sublet any CITY facilities to any entity. 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 cancelled 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. 3.1 ACTIVE ARTICLE 3.0 Program Size Minimums: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." Parks and Recreation Agreement for Outside Providers 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 a commission consisting of 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 provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification & then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment will include the registration commission and all non-resident surcharge fees. Payments will be made to the CITY within fourteen (14) business days of PROVIDER's receipt of each invoice. 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. Parks and Recreation Agreement for Outside Providers 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. 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. Parks and Recreation Agreement for Outside Providers 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: 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 until December 31, 2015, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said 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. Parks and Recreation Agreement for Outside Providers 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. Parks and Recreation Agreement for Outside Providers 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 execute 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. Parks and Recreation Agreement for Outside Providers IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. CITY: ATTEST: SUDIE GORDON, CITY CLERK JOE LOCKWOOD, MAYOR WITNESS: PROVIDER: BY: KOLLEEN 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 Hai Ages: Day/s of the week program is offered: _M, T, W, H,F, Time of Program: Monday. Wed, Friday 5:45 am — 6:15 am 7:30 am — 8:15 am 8:30 am — 9:15 am 9:30 am — 10:15 am Tuesday and Thursday 5:15 pm — 6:00 pm 6:00 pm — 6:45 pm Program Dates: year Round Program Fee: $150 Program Enrollment: Minimum 8 Maximum 25 Materials to be supplied by participants: 21 Materials to be supplied by PROVIDER: a Materials to be supplied by the City of MILTON: none. Additional Program Requirements: PROVIDER (`s)Name: _Kolleen Riddick Address: _6225 Atlanta Highway Suite 111 City/State/Zip Code: _Milton, GA 30004 Phone Number: (Day) _804-405-9445 (Evening) (E-mail): kolleen@corephysique.net (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only.• Program Rate:$ # of programs in Session: C Fee/Program: ACORN CERTIFICATE OF LIABILITY INSURANCEF12/31/20 `--�� DATE (MM/DD/ 14 14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Insurance Store 1634 White Circle, Suite 103 Marietta GA 30066 CONTACT Jackie Eaton NAME: PHONE(770) 422_4.511 aC No: (770)423-1417 EA -MARL .jeaton@tisga.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:USLI 5895 INSURED Core Physique, LLC, DBA: c/o Kolleen Riddick 6225 Atlanta Highway Suite 111 Alpharetta GA 30004 INSURER B:Hartf ord Underwriters Ins. Co. 30104 INSURER C: INSURERD: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:2015 WC 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 SUBR POLICY NUMBER POLICY EFFPOLICY MM/DDMW) EXP (MM/DDIYYYYl LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR P1594514 /22/2014 /22/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISESEa 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: PRO- LOC X POLICY iFCT PRODUCTS - COMP/OP AGG $ Include $ AUTOMOBILE LIABILITY ANY AUTO ALL OS 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 COMPENSATIONX EMPLOYERS' LIABILITY Y f N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEWMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A 20WECAJ8502 /15/2015 1/15/2016 WC STATU- 71 FR E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYE $ 100,000 E.L. DISEASE - POLICY LIMIT S 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 M'-UMLJ cv (LvI UIUO) 1 NS025 r9n i nnsi ni 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/JACKI (0 1988-2010 ACORD CORPORATION. All rights reserved. The Ar:r)Pn n- -A I— -- renictorcrt m—kc of Ar.nPn . k. O CERTIFICATE OF LIABILITY INSURANCEF12/31/2014 DATE (MM/DD�+�--'� 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 FAX A/C No: (770)423-1417 E -PAIL :jeaton@tisga.com INSURERS AFFORDING COVERAGE NAIC # INSURER A:USLI 25895 INSURED Core Physique, LLC, DBA: c/o Kolleen Riddick 6225 Atlanta Highway Suite 111 Alpharetta GA 30004 INSURERB:Hartford Underwriters Ins. Co. 30104 INSURERC: INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:2015 WC 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 SUBR POLICY NUMBER POLICY EFF MM/DDNYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR CP1594514 /22/2014 /22/2015 DAMAGE TO 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: PRODUCTS -COMP/OP AGG $ Include X POLICY PRO- LOC $ AUTOMOBILE LIABILITY (Ea aBINEDtSINGLE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE S Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N X I WC STATU- OTH- E.L. EACH ACCIDENT $ 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE y OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under N/A OWECAJ8502 1/15/2015 /15/2016 E.L. DISEASE - EA EMPLOYE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500 000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) -"" r rr1�I � nv"UcrN %,AN1,CLLA I IUN tom.gilliam@cityofmiltonga Fulton County Schools 786 Cleveland Avenue SW Atlanta, GA 30315 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/JACKI AUUKu z5 (ZUIU/U5) ©1988-2010 ACORD CORPORATION. All rights reserved. INSnw;omnnsm Tho ArtrlRr) npma onrl Innn ora ranicfor-4 m=Ar= of Ar.r)pn No Text 21. HOME OF ' MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 13, 2015 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: Wednesday, January 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED. I �\ YES O NO APPROVAL BY CITY ATTORNEY �)APPROVED {) NOT APPROVED PLACED ON AGENDA FOR.- 017-lis- REMARKS i21ISREMARKS 4y1i", © * You In PHONE: 678.242.25001 FAX: 678.242.2499 Green info@cityofmilionga.us i www.cifyofmiltonga.us kVILDuK Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 3()004 'B`` To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 12, 2015 for the January 21, 2015 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 boys 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. Legal Review: Paul Higbee – Jarrard & Davis, December 4, 2014 (Contract Template) Document 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 1 IM I TO NJJ ESTABLISHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2015, 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; Bethwell Community Center, 2695 Hopewell 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. 1130 You in - PHONE: 678.242.25001 FAX: 678.242.2499 Green ineltyofmiltonga.us I www.cifyofmiitonga.us �� Community Eth foics 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Parks and Recreation Agreement for Outside Providers 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY 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, private sessions, 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 Parks and Recreation Agreement for Outside Providers 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. 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 fiu-nish 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. Parks and Recreation Agreement for Outside Providers 1.18 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.19 The PROVIDER shall not sublet any CITY facilities to any entity. 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 cancelled 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." Parks and Recreation Agreement for Outside Providers 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 a commission consisting of 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 provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification & then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment will include the registration commission and all non-resident surcharge fees. Payments will be made to the CITY within fourteen (14) business days of PROVIDER's receipt of each invoice. 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. Parks and Recreation Agreement for Outside Providers 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. 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. Parks and Recreation Agreement for Outside Providers 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: 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 until December 31, 2015, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said 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. Parks and Recreation Agreement for Outside Providers 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 11 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. Parks and Recreation Agreement for Outside Providers 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 execute 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. Parks and Recreation Agreement for Outside Providers IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. CITY: ATTEST: BY: SUDIE CORDON, CITY CLERK JOE LOCKWOOD, MAYOR WITNESS: PROVIDER: 10 BRANDON ALLEN, 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: 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-5:00pm). Program Dates: Practice begins November 17, 2015 First game December 6, 2015 Last Game February 7, 2016 (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: 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 2015- Practice begins August 17`h, First game September 12`h, Last Game Nov. $`h (all weather permitting). Spring 2016- Practice begins February 15`h, First game March 51h, last game May 14`h (weather permitting). Program Fee: $175 Program Enrollment: Minimum: 35 per age group Maximum: 140 per age group Materials to be supplied by participants: Mouth -guard, cleats/tennis shoes, shin -guards. Materials to be supplied by PROVIDER: Uniform (top, shorts, socks), Equipment (bails and cones). Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only,• Program Rate:$ # of programs in Session: 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: 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: Spring 2015- Practice begins February 7th, First game March 7`h Last Game May 16th (all weather permitting). Fall 2015- practice begins August 17th, First game September 12`h, Last game November 81h (weather permitting). Program Fee: U9 Boys- $185, U11 Boys- $195, U13 Boys- $205 Program Enrollment: Minimum: 45 per age group Maximum: 150 per age group Materials to be supplied by participants: cleats/tennis shoes, stick, helmet, mouth guard, pads. Materials to be supplied by PROVIDER: Jersey, balls, cones, goals. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Office Use Only.• Program Rate:$ # 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: 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: June 15'h-19 and July 20`h -24`h Program Fee: $200 Program Enrollment: Minimum: 15 per age group Maximum: 100 per age group Materials to be supplied by participants: Mouth -guard, cleats/tennis shoes, shin guards and a water bottle. Materials to be supplied by PROVIDER: Camp T-shirt, equipment (balls, cones, and flags). Materials to be supplied by the City of MILTON: Field to participate on. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only.• Program Rate:$ # 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: June 8-12, 2015 and July 13-17, 2015 Program Fee: $175 Program Enrollment: Minimum: 15 per age group Maximum: 100 per age group Materials to be supplied by participants: Mouth -guard, cleats/tennis shoes, and a water bottle. Materials to be supplied by PROVIDER: Camp T-shirt, equipment (balls, cones, and flags). Materials to be supplied by the City of MILTON: Field to participate on. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: S Fee/Program: Parks and Recreation Agreement for Outside Providers EXHIBIT "B" �1 City of Milton Georgia Criminal History Record Information Request and Consent Form 1) This Request Is For: icteck oitj one, Employment : Military :. Licensing .. Personal Use (Aher Use Not L sted E International Travel Firefighters Employment iE :. Prospective Adophve?Foster Parents iE - Note R 2 copiesi Employment Working With The Elderly (Ni Employment At A Child Care Facility X Volunteer working with Children (W) Employment Working With The Mentally Ili m Police Ride A" Request .,-: . Police Department Vendor ► ontractor 2) A History Is Requested On The Following Person: Name Social Security NUmber Sex Race _. White . Black Asian . American Indian . Unknown -:Other Date Of Birth Phone Number - - Gheck If Request Is For Yourself And Proceed To Section 5 At The Bottom Of This Page 3) Person Requesting Criminal History: Name City of Milton. Company Name (TBO) Address 13000 Deerfield Parkway Suite 107 Phone. 678 242 2500 City State Zip Allton GA .30004 4) Consent: This portion Is to be used if the person requesting the criminal history is different than whom the criminal history is being inquired on (sections 11 &111 above are not the same person) Third patty notary is required hereini y ve mi consent for MY ulmral history to be n n and for the above named WSW n sector. 11 to -a.e access to •t ,70w a•.w vry 'sr •aan qan :� Sea S) In making this request. I agree that the City of Milton Police Department, its employees. heirs trustees, etc, shall in no way be held at fault for ,tie use or misuse of this record A photocopy of this release w ill be placed on fie and is valid as an original hereof, even though the photocopy does not contain an ong►nal signature Incomplete requests wilt be denied. This report is considered accurate at time of "" and may change at anytime TAM y -gra •stn .ak :Dt6c4 Use Onhr - Do Not Mark Beoiii, Th.s Lune Results. 05+2008 M Operator ARh Date Submitted i i Inquiry Date 11 Secretary of State Control No.: K838180 STATE OF GEORGIA Date Fiied:3/4/2014 2:52:34 PM 2014 Corporation Annual Registration OFFICE OF THE SECRETARY OF STATE Brian P. Kemp Annual Registration Filing Secretary of State P.O. Box 23038 Columbus, Georgia 31902-3038 Information on record as of: 2:52:35 PM Entity Control No. K838180 Amount Due: $30.00 Amount Due AFTER June 1, 2014: $55.00 NEWTOWN RECREATION, INC. 3000 OLD ALABAMA RD Suite 104 Johns Creek, Georgia 30022 Each business entity registered or tiled with the Office of Secretary of State is required to rile an annual registration. Amount due for this entity is indicated above and below on the remittance form. Annual fee is S30. If amount is more than$30 , 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 525.00 late filing penalty fee. For faster processing, we invite you to file your Annual Registration online with a credit card at Mtn://_ www cos 21 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 offtcers'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. IO.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 HtID'//WWwSOS. o,vov/cornoratin—/nr—114nd_F56-9R 17 nk AbL)VP, IN F()RMATT#?N A A C nrVM rrnn. turn m., CORPORATION NAME 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 nk AbL)VP, IN F()RMATT#?N A A C nrVM rrnn. turn m., CORPORATION NAME ADDRESS V vy LY 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 P.O. BOX NOT ACCEPTABLE FOR REGISTERED AGENT'S ADDRESS COUNTY OF REGISTERED Fulton County OFFICE - AUTHORIZED AUTHORIZED SIGNATURE: Date:3/4/2014 2:52:34 PM Total Due: Title:CE0 BR201 2013 Comoration Annual R—i-mi— Email: brandon@newtownree.com $30.00 _ 1,44 K638180%9 0030004 NEWTOWNRECREATIONINC7 201406013 0055004 Invoice Number: 13656007 Billing Information J eroauct uescription ANNUAL REGISTRATION - Nonprofit Corp - Online NEWTOWN RECREATION, INC. Control # K838180 Contact: #Error Shipped Via: Online Payment Details: STATE OF GEORGIA Secretary orState Corporations Division 313 west Tower R2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30374-1530 Secretary of State, Brian P. Kemp 03/04/2014 Invoice Date: 03/04/2014 UserID: 503648 Certification Order Date Pages Item Cost Expedited Total Number 16103457 03/04/2014 1 $30.00 $0.00 $30.00 Payment for $30.00 from Web with AmericanExpress CREDIT CARD -1017 Auth: Aris Mavridoglou 3000 Old Alabama Rd #104 johns creek, GA 30022 Contact(s): Aris Mavridoglou Invoice Total: $30.00 A,C" NEWTORE OP ID: SS ..- CERTIFICATE OF LIABILITY INSURANCE IDATEINMIDDlYYYY) 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 (M 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 endorsemen s . PRODUCER 866-298-1668 CONTACT Bltner-Henry Insurance Agcy NAMI-. Customer Service Center 888-739-1233 PHONE FAX 404 East Antietam St, Suite B alaaL No): Hagerstown, MD 21740 ADDRESS. Kenneth M Bird INSURED New Town Recreation, Inc 3000 Old Alabama Road #104 Johns Creek, GA 30022 3528 Kkvt510N 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 W(TH 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. R TYPE OF INSURANCE POLICY N_ - Y EF EXP GENERAL LIASIUTY `(-"' --- �_rn (MMIDONYYY) -- LIWTS A I X I COMMERCIAL GENERAL LIABILITY IMS CLA-MADE o OCCUR GEML AGGREGATE LIMIT APPLIES PER; AUTOMOBILE LKSK Y PREMISES (Ea oaaurence IVIED EXP (Any one person) ANYAUTO PERSONAL & ADV INJURY SCHEDULED AUTOS WNED D GENERAL AGGREGATE 8 PRODUCTS - COMP/op AGG HIRED AUTOS NON -OWNED UMMIELLA LIAB OCCUR EXCESS UAB X I `IOMEA0321804 1 07114/11 1 07/14/14 AND EMPLOYEW LIABILITY ANY PROPRIETORJPARTNERIEXECLMVE Y J N OFFICERlMEMSER EXCLUDED? F N J A {Mandatory in NHl DESCRIPTION OF OPERATIONS t LOCATIONS 1 VEHICLES (Attach ACORD 101, AddItIOMI Remarks Seneduie, it mote apace Is mgaltsd) ;ity of Milton is named as additional insured for use of city facilities. 'overage for additional insureds is strictly subject to all the terms of :he policy. ,F-ACHOCCURRENCE $ 1 PREMISES (Ea oaaurence IVIED EXP (Any one person) $ S PERSONAL & ADV INJURY S 1 GENERAL AGGREGATE s 3 PRODUCTS - COMP/op AGG $ 3 $ COMSI. D SINGLE LIMIT --- BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE er a0went $ E.L EACH ACCIDENT Is EA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 Deerfield Pkwy STE 107A ACCORDANCE WITH THE POLICY PROVISIONS. Milton, GA 30004 AUTHORIZED REPRESENTATIVE Kenneth M Bird O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I W,911567: • • s .Al� Ro CERTIFICATE OF LIABILITY INSURANCE DATE(M112014 d8l11l2014 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 endorsements). PRODUCER Bitner-Henry Insurance Agcy Customer Service Center CONTACT Kenneth M Bird PHONE FAX A/CNo, Ext :866-298-1668 AIC Nol: 888-739-1233 401 East Antietam St., Suite B Hagerstown, MD 21740 Kenneth M Bird E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Brotherhood Mutual Insurance 13528 _ INSURED New Town Recreation, Inc 3000 Old Alabama Road #104 INSURER B: ` 07!1412015 Johns Creek, GA 30022 INSURER C: INSURER D. - :INSURER INSURER E: INSURER F : GOVERAGES CERTIFICATE NUMBER: RFVICI171rt NI 1lUlal=0- 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 AUTHORIZED REPRESENTATIVE POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X 10MEA0321804 07/14/2014 07!1412015 EACH OCCURRENCE $ 1,000,00 ED PREMISES Ea oDAMAGE TO ccurrence $ 300,00 MED EXP (Any one per $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- JECT LOC GENERAL AGGREGATE $ 3,000,00 PRODUCTS - COMP/OP AGG $ 3,000,00 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident) BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETEN710N$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? NIA PER OTH- STATUTE I I ER E.L, EACH ACCIDENT $ _ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Fulton County Schools is named as an additional insured in relation to the use of soccer fields. Coverage for additional insureds is strictly subject to all the terms of the policy. GER I WIGA I E HOLDER r.ANrFI L ATInN ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014!01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Fulton County Schools 785 Cleveland Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Atlanta, GA 30315 AUTHORIZED REPRESENTATIVE Kenneth M Bir 2 a � La�2d ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014!01) The ACORD name and logo are registered marks of ACORD Da -- e : SEP i ut- ,o03 DLN c 1 D -�ased nu- y c.-, - On �."e ,:!corf�rm that a:,e e.,.em- a re e a s e _ln6= r t f:.ej e --Cde , and y c ass as zL Z' --s in th= a Z; Tax-Exem. S r r Cl 7 s �j res as an e.,:�--Ipt z 7. F Wi. 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" �r w r LLJ N m LO U) a U LO - = W U Q Z rn M r W I- CD O Qti Q o o U c i� W U U r 0 LL r m Z -Z Fw- Z LY_ z Z z W W = ooOp on w o �- U) aaaM as M (� w fL CO W of ¢{} U U cn cn wQ 0 F Z W LU U m LU f� m z 2- a w o p < Z Q w O ►= W aW � S� a U a --z: o w U Q UO X w.z 0� W U- 000 -J� y-1 2> OOJoz _z O m O Q W Woo J Q O w= wo(_O Ir Z zM '3 z M (!j -7 Z LL O t Z U { a n. z p c O U U U Q x Y 0 CO Z W O � c� i - C/)O w z V) Q U Z Of Z O 0. D _ Q U O Z � � CJ ice_- O CD cj� U O t} Zp z U o z Q N Q m Wz W Z W d Q C� r < pC14 zw Cr m o. w O L Z O p Q cn Fz W : � z Y Q= LL Q O LO O J Ir o a p U X a p D - Q >- wa c� ��Qw C L �! v O -� U HOME OF ' FSTAI�LISIIED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 13, 2015 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Sperber Music. MEETING DATE: Wednesday, January 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES CITY ATTORNEY REVIEW REQUIRED: OYES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: REMARKS 0 APPROVED bl2�is O NOT APPROVED {) NO (} NO () NOT APPROVED � 10 Yau(M * * * Green a ; c;,-ti� { 100 PHONE: 678.242.25001 FAX: 678.242.2499 CIrv0 Community i info@cityofmiltonga.vs I www.cityofmiEtortga.vs ®WLLA)UH. 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "' To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 12, 2015 for the January 21, 2015 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Sperber Music ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Sperber Music for Children’s Music Classes. Executive Summary: This is a renewal of the agreement reached last year. The Sperber Music program is a small program but enjoys a loyal following among the participants. It is a unique arts program that is not available anywhere else. Funding and Fiscal Impact: A commission of 25% will be paid to the City of Milton two weeks following the end of registration. Non-resident fees will be collected by the provider and paid to the City at a rate of an additional 50% of the standard registration fee. Alternatives: If we do not renew with Sperber Music for Children, we would have to locate a new service provider. Legal Review: Paul Higbee – Jarrard & Davis, December 4, 2014 (Contract Template) Document Concurrent Review: Chris Lagerbloom Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Sperber Music. HOME OF' THE BEST QUALITY OF LIFE IN GEOR� I LTON ESTABLISHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2015, 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 SPERBER MUSIC 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 Music Camp & Music Classes 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; Bethwell Community Center, 2695 Hopewell 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. ©*You `. PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmlltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 0,-Gi7den Community "•^�•' CERTIFIED GROW, *C enified City of Ethics Parks and Recreation Agreement for Outside Providers 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 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 bookivideo 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, private sessions, 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 Parks and Recreation Agreement for Outside Providers 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. 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. Parks and Recreation Agreement for Outside Providers 1.18 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.19 The PROVIDER shall not sublet any CITY facilities to any entity. 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 cancelled 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." Parks and Recreation Agreement for Outside Providers 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 a commission consisting of 25% of the registration fees paid by all program participants to the PROVIDER, and the PROVIDER shall be entitled to 75% 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 provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification & then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment will include the registration commission and all non-resident surcharge fees. Payments will be made to the CITY within fourteen (14) business days of PROVIDER's receipt of each invoice. 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. Parks and Recreation Agreement for Outside Providers 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. 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. Parks and Recreation Agreement for Outside Providers 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: 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 until December 31, 2015, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said 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. Parks and Recreation Agreement for Outside Providers 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. Parks and Recreation Agreement for Outside Providers 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 execute 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. Parks and Recreation Agreement for Outside Providers 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: BY: KAREN DAWN CORNELL, PRESIDENT [AFFIX CORPORATE SEAL] Parks and Recreation Agreement for Outside Providers EXHIBIT "B" City of Milton Georgia Criminal History Record Information Request and Consent Form 1) This Request Is For: iCheck Only One) Employment i Military _. Licensing .:. Personal Use Other Use Not Listed (E) International Travel _ Firefighters Employment (E) Prospective Adoptive?Foster Parents (E - Note & 2 copiesi Employment Working With The Elderly (N) Employment At A Child Care Facility (w) X Volunteer working with Children (W) Employment Working With The Mentally III (M) Pol:ce Ride Along Request ;Ci i Police Department Vendor.+Contractor (C( 2) A History Is Requested On The Following Person: Name: Last F s: Social Security Number - _ TeX Race : White Black .:i Asian _. American Indian i Unknown+Other Date Of Birth Phone Number L Check If Request Is For Yourself And Proceed To Section 5 At The Bottom Of This Page_ 3) Person Requesting Criminal History: Name City of K-1 Row Name (TBD) Address: 13000 Deerfield Parkway Suite 107 Phone: 678 242 2500 City State. Zip Milton. GA 30004 4) Consent: This portion is to be used if the person requesting the criminal history is different than whom the criminal history is being inquired on (sections 11 &111 above are not the same person) Third party notary is required I hereby give my consent for my criminal history to be run and for the above named person in section II Ito have access to it '�a"R arxa wee =ale 9 rse Seal sae 5) In making this request, I agree that the City of Milton Police Department, its employees. heirs. trustees, etc, shall in no way be held at fault for the use or misuse of this record A photocopy of this release w,il be placed on rile and is valid as an original hereof, even though the photocopy does not contain an original signature Incomplete requests will be denied. This report is considered accurate at t me of inquiry and may change at anytime 7'.ave 7 cersar eauea,g r_r•ra wary cue Official Use Only - Do Not Mark Below This Line Resufts: 05/2008 56 Operator ARN Date Submitted r / Inquiry Date / 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: Sperber Music — Mini Musicians Class Participant Ages: 2 Y2— 5 years old (must be potty trained) Day/s of the week program is offered: Thursdays Time of Programs: 4:15-5:00 p.m. Program Dates: Jan. 8, 2015 to April 23, 2015 — 2nd Semester Sept. 10, 2015 to Dec. 3, 2015 — 1s` Semester Program Fee: $175/14 weekly classes (2"d Semester) $180/12 weekly classes (1" Semester) $18/individual class fee Program Enrollment: Minimum- 5 children Maximum- 10 children Materials to be supplied by participants: NONE Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Bethwell Community Center, Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER (`s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Sperber Music — Orff Summer Camp (xylophones, drums, recorders) Participant Ages: 8-12 years old Day/s of the week program is offered: June 2015 Time of Programs: 10:00 a.m. — 1:00 p.m. Program Dates: June 2015 (TBD) Program Fee: $155 (Before April 30, 2015) $185 (After April 30, 2015 ) Program Enrollment: Minimum- 5 children Maximum- 15 children Materials to be supplied by participants: Daily snack/lunch Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at an Elementary School, Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER (`s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only.• Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Sperber Music — Music&Movement-Sing, Say, Dance, Play and More! Participant Ages: Kindergarten — 5 1 Grade Day/s of the week program is offered: Thursdays Time of Programs: 2:30 p.m. to 3:30 p.m. Program Dates: Jan. 8, 2015 to April 23, 2015 — 2nd Semester Sept. 10, 2015 to Dec. 3, 2015 — 1" Semester Program Fee: $175/14 weekly classes (2nd Semester) $180/12 weekly classes (1St Semester) $18/individual class fee Program Enrollment: Minimum- 5 children Maximum- 15 children Materials to be supplied by participants: After school snack Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Room at Birmingham Falls ES, Information posted on City of Milton website/flyers/email blasts and Birmingham Falls ES website/newsletters Additional Program Requirements: PROVIDER (`s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per proqram. Name of Program: Sperber Music — Music & Movement Summer Camp Participant Ages: 5-8 years old Day/s of the week program is offered: June 2015 Time of Programs: 10:00 a.m. — 1:00 p.m. Program Dates: June 2015 (TBD) Program Fee: $155 (Before April 30, 2015) $185 (After April 30, 2015 ) Program Enrollment: Minimum- 5 children Maximum- 15 children Materials to be supplied by participants: Daily snack/lunch Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at an Elementary School, Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER (`s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Sperber Music — Mini Musicians Summer Camp Participant Ages: 3-4 years old (must be potty trained) Day/s of the week program is offered: June 2015 Time of Programs: 10:00 a.m. — 1:00 p.m. Program Dates: June 2015 (TBD) Program Fee: $155 (Before April 30, 2015 ) $185 (After April 30, 2015) Program Enrollment: Minimum- 5 children Maximum- 15 children Materials to be supplied by participants: Daily snack/lunch Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at an Elementary School, Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER (`s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: Fee/Program: HOME OF 'TNF Bs.S T (DUALITY OF LIFE INGFORGIA' N/t LTON*11� ESTAB L1S1-1ED 2006 Business License (Home Based Business) IN ACCORDANCE WITH THE PROVISIONS OF THE CITY OF MILTON CODE OF ORDINANCES, LICENSE IS HEREBY GRANTED TO OPERATE THE BUSINESS REFERENCED BELOW BUSINESS: SPERBER MUSIC DBA: LOCATED AT: 127722 DONEGAL LN LICENSE #: BUS002019-04-2012 DATE ISSUED: January 12, 2015 DATE EXPIRES: December 31, 2015 Given under my hand this date of January 12, 2015 Chris J. Lagerbloom City Manager POST IN A CONSPICUOUS PLACE A�CQR'� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/pD/YYYY) TYPE OF INSURANCE 03/27/2014 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 SCOTT RALSTON STATE FARM State Farm 415 MARIETTA HWY Cx7 ROSWELL GA 30075 • •. NAMEACT BRITT N COOKE PHONE Extl;7706401000 FAX Ne: ADDRESS: BRITT@SCOTTRALSTON.COM INSURERS) AFFORDING COVERAGE NAIC# INSURER A :State Fano Fire and Casualty Company 25143 Y INSURED CORNELL, KAREN D DBA SPERBER MUSIC 12772 DONEGAL LN MILTON GA 30004-8106 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: %1UV CtcAVCJ CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DDrfYYY`) POLICY EXP (MMIDDfYYYYI LIMITS_ X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR Y Y 91 -B9 -J391-9 06121(2013 06/21/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENT- 300,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JE 0. LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/Op AGG S 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S — Ea accident BODILY INJURY (Per person) $ ANY AUTO AU OS SCHEDULED BODILY INJURY Per accident S ( ) AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECU7IVE OFFICER/MEMBER EXCLUDED? N / A OTH- STATUE I I ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION CITY OF MILTON 13000 DEERFIELD PKWY STE 107A MILTON GA 30004-5026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 A� Ro® CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDNYYY) 12/1712014 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 SCOTT RALSTON STATE FARM Sfatefamt 415 MARIETTA HWY M ROSWELL GA 30075 J ow. NAME:ME: SCOTT RALSTON PHONE7706401000 X Ne: ADDRESS, SCOTT@SCOT-rRALSTON.COM INSURERS AFFORDING COVERAGE NAIC9 INSURER A State Farm Fre and Casualty Company 26143 INSURED CORNELL, KAREN D DBA SPERBER MUSIC 12772 DONEGAL LN MILTON GA 30004-8106 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF D POLICY EXP M D L1MI5 X COMMERCIAL GENERAL LIAMUTY Y Y 91469-J391-9 06121/2014 0612112018 EACH OCCURRENCES 1,000,000 CLAIMS -MACE OCCUR DAMAGF TO TELT... 300.000 PREMISES Ea ocounence $ MEG EXP (Any are person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY❑JE� ED LOC PRODUCTS -COMPIOPAGG S 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE UMI S Ea ac"M BODILY INJURY (Per person) S ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS BODILY INJURY (Per aaidant) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE 5 Per acc dent S UMBRELLA LULB OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAB CLAIMS -MADE DED I I RETENTIONS 3 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTiVE ❑ OFFICERIMEMBER EXCLUDED? NIA P R TH- STATUTE ER E.L. EACH ACCIDENT S E.L DISEASE - EA EMPLOYEd S (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS bebw E.L. DISEASE - POLICY LIMIT 1 S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 191, Additional Remarks Schedule, may be attached M more space Is requhed) ADDL INSURED - SECTION II ADOL INSURED -SECTION II CITY OF MILTON FULTON COUNTY SCHOOLS 13000 DEERFIELD PKWY STE 107A 786 CLEVELAND AVE SW MILTON GA 300045026 ATLANTA GA 30315-7299 11-1 111iltili3 .LWJSJ W FULTON COUNTY SCHOOLS 786 CLEVELAND AVE SW ATLANTA GA 30315-7299 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 t O 1988-2014 ACORD CORPORATION. All riahts reserved ACORD 26 (2014!01) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 EPARTME DNTERNALNREVENUEESERVICE TREASURY AIRSOF CINCINNATI OH 45999-0023 KAREN DAWN CORNELL SPERBER MUSIC 2025 COBBLESTONE CIR NE ATLANTA, GA 30319 Date of this notice: 02-25-2011 Employer Identification Number: 27-5149458 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 27-5149458. 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. * 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. Thank you for your cooperation. 0 HOME OF ' M.ILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 13, 2015 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and FITT 2 U. MEETING DATE: Wednesday, January 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES () NO CITY ATTORNEY REVIEW REQUIRED: ) YES O NO APPROVAL BY CITY ATTORNEY KAPPROVED ) NOT APPROVED PLACED ON AGENDA FOR. REMARKS ® Your to _PHONE: 67$.242.2500 FAX: 67$.242.2499 !Green m1.�L111 COMMUnity info@cityofmiltonga.us I www.cltyotmilfonga.us 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 12, 2015 for the January 21, 2015 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Fitt 2 U, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Fitt 2 U, Inc. for Yoga Classes. Executive Summary: This is a renewal of an existing agreement reached last year but the company name and leadership has changed. Fitt 2 U, Inc. Yoga class programming continues to be the fastest growing adult programming in the City of Milton. Fitt 2 U, Inc. will also be offering a wide variety of Yoga programs that has not previously been offered. Funding and Fiscal Impact: A commission of 30% will be paid to the City of Milton two weeks following the end of registration. Non-resident fees will be collected by the provider and paid to the City at a rate of an additional 50% of the standard registration fee. Alternatives: If we do not renew with Fitt 2 U, Inc., we would have to locate a new service provider. Legal Review: Paul Higbee – Jarrard & Davis, December 4, 2014 (Contract Template) Document Concurrent Review: Chris Lagerbloom Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Fitt 2 U, Inc. HOME OF ' ESTABLISHED 2006 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2015, 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 FITT2U, 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 Yoga Classes 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; Bethwell Community Center, 2695 Hopewell 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. ©10youn PHONE: 678.242.25001 FAX: 678.242.2499 Green s ; certified ; Infoftityofmiltonga.us I www.cityofmiltonga.us ��� Community Eh 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ''a� Parks and Recreation Agreement for Outside Providers 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON & ALPHARETTA and a surcharge of 50% more for non-residents of MILTON & ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY 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, private sessions, 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 TY facilities notwithstanding any other Provisions of this Agreement Parks and Recreation Agreement for Outside Providers 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. 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. Parks and Recreation Agreement for Outside Providers 1.1 S The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.19 The PROVIDER shall not sublet any CITY facilities to any entity. 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 cancelled 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." Parks and Recreation Agreement for Outside Providers 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 a commission consisting of 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 provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification & then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment will include the registration commission and all non-resident surcharge fees. Payments will be made to the CITY within fourteen (14) business days of PROVIDER's receipt of each invoice. 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. Parks and Recreation Agreement for Outside Providers 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. 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. Parks and Recreation Agreement for Outside Providers 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: 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 until December 31, 2015, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said 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. Parks and Recreation Agreement for Outside Providers 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. Parks and Recreation Agreement for Outside Providers 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 execute 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. Parks and. Recreation Agreement for Outside Providers 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: BY: MICHELLE JERNIGAN, 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: Core Power Yoga Participant Ages: _14 - 65 Day/s of the week program is offered: M -F Time of Program: varies Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15; 5 Class Pass - $60; 10 Class Pass-$109,- 20 ass-$109;20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum_25 Materials to be supplied by participants: N/A Materials to be supplied by PROVIDER: —All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 3 60,_fitness balls Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: N/A PROVIDER ('s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 (Evening) Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest This information will be used for consideration of program proposals. Use one form per proqram. Name of Program: Instructor Trainings Participant Ages: _14 - 65 Day/s of the week program is offered: M -F Time of Program: varies Program Dates: January, 1 2015 Program Fee: Class Pricing: to December 31, 2015 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials N/A to be supplied by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 3 60,_fitness balls Materials to be supplied by the City of MILTON: ,_N/A. Additional Program Requirements: �� PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Same Number: (Day) 678-640-6816 (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only Program Rate:$_ S (Evening) # 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: Longevity Lecture Participant Ages: _14 - 65 Day/s of the week program is offered: M -F Time of Program: varies Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15; 5 Class Pass -$60-1 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum_25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: —All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/A PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 (Evening) Same (E-mail): —michelleLjernigan@gmaii.com (Fax) _None_ Office Use Only Program Rate:$_ S # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Hiking Club Participant Ages: _14 - 65 Day/s of the week program is offered: M -F Time of Program: varies Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Materials to be N/A - Maximum -25 supplied by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only Program Rate:$_ S (Evening ) # 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: Kids Yoga Participant Ages: _5 — 12 Day/s of the week program is offered: W Time of Program: 4:15-5:15 Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum —4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment—: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,—fitness balls Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: N/A PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only Program Rate:$_ S (Evening) # 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: Pi -Yo Participant Ages: _14 - 65 Day/s of the week program is offered: M -F Time of Program: varies Program Dates: January, 1 2015 to December 31, 2015 Program Fee: class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Materials N/A to be - Maximum -25 supplied by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 (Evening) Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only. - Program Rate:$ # 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 proqram. Name of Program: Teen Yoga Participant Ages: _13 - 18 Day/s of the week program is offered: W Time of Program: 5:15-6:15 Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only.• (Evening) Program Rate:$ # 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: Yoga Box Participant Ages: _14 - 65 Day/s of the week program is offered: M -F Time of Program: varies Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/A PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 (Evening) Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only.• Program Rate:$ # 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: Run Club Participant Ages: _14 - 65 Day/s of the week program is offered: M -F Time of Program: varies Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmaii.com (Fax) _None_ Office Use Only Program Rate:$_ S (Evening) # 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: Whole Nutrition Lecture Participant Ages: _14 - 65 Day/s of the week program is offered: M -F Time of Program: varies Program Dates: January, 1 2015 Program Fee: Class Pricing: to December 31, 2015 30 day Introductory -$39,; Single Class- $15; 5 Class Pass -$60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4, Materials to be N/A - Maximum -25 supplied by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: N/A PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only. - Program Rate:$_ S (Evening ) # 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: Yoga Pilates Fusion Participant Ages: _14 - 65 Day/s of the week program is offered: M -F Time of Program: varies Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: —All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 3 60,_fitness bails Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelieLjernigan@gmail.com (Fax) _None_ Office Use Only. - Program Rate:$_ S (Evening) # 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: Cardio Yoga/BodyART Participant Ages: _14 - 65 Day/s of the week program is offered: TR: 7-8p, Saturday: 9-10a Time of Program: 7-8p, 9-10a Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass -$60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,—fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jerniga Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) Same (E-mail): _michelleLjernigan@gmail.com 678-640-6816 (Fax) _None_ Office Use Only., (Evening ) Program Rate:$ # 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: Barre Participant Ages: _14 - 65 Day/s of the week program is offered: _M/T/W/TR/F_ Time of Program: M:10:30 to11:30a, T:5:15 -6:15p, W:10 -11:30x, TR: 9:45-10:45x, 5:15- 6:15p Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional N/A Program PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmaii.com (Fax) _None_ Minimum Reauirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$_ 5 Requirements: (Evening) # 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: Yoga Sculpt Participant Ages: _14 - 65 Day/s of the week program is offered: M/W Time of Program: 9:15-10:15 Program Dates: January, 1 2015 Program Fee: Class Pricing: to December 31, 2015 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/A Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: Dir PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 (Evening) Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only,• Program Rate:$ # 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: Pilates Participant Ages: _14 - 65 Day/s of the week program is offered: T/TR Time of Program: 5:15-6:15 Program Dates: January, 1 2015 to, Program Fee: Class Pricing: December 31, 2015 30 day Introductory -$39,; Single Class- $15; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Materials to be N/A - Maximum -25 supplied by participants: Materials to be supplied by PROVIDER: All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Same Number: (Day) 678-640-6816 (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only.• Program Rate:$_ S (Evening ) # 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: Sadhana Yoga Participant Ages: _14 - 65 Day/s of the week program is offered: Tuesday Time of Program: 9:45-11am Program Dates: January, 1 2015 Program Fee: Class Pricing: to December 31, 2015 30 day Introductory -$39,; Single Class- $15; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 3 60,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/A PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 (Evening) Same (E-mail): _michelleLjernigan@gmail.com (Fax) - None- Office Use Only Program Rate:$ # 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: Warm Gentle Yoga Participant Ages: -_-,14 - 65 Day/s of the week program is offered: Sunday Time of Program: 1-2:15p Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class -$15 ; 5 Class Pass -$60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 (Evening) Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only. Program Rate:$ # of programs in Session: Fee/Program: 1 8 1 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: Vinyasa Yoga Flow_ Participant Ages: _14 - 65 Day/s of the week program is offered: T/W/TR/F Time of Program: T: 7-8:15p, W: 7-815p; TR: 8:30a-9:30am; F: 9:45-11:OOam Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only.• Program Rate:$ S (Evening) # 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: Tabata Participant Ages: _14 - 65 Day/s of the week program is offered: _M/W/F Time of Program: _8:00am to 9:00am Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum_25 Materials to be supplied by �M participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/ Additional N/ Program PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelieLjernigan@gmail.com (Fax) _None_ Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Requirements: (Evening) Program Rate:$ # of programs in Session: Fee/Program: S I 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: Yin Yoga Participant Ages. _14 - 65 Day/s of the week program is offered: Saturday Time of Program: 10:15-11:15 Program Dates: January, 1 2015 Program Fee: Class Pricing: to December 31, 2015 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Materials to be N/A - Maximum -25 supplied by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only.• Program Rate:$_ S (Evening ) # 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: Barre Box Participant Ages: _14 - 65 Day/s of the week program is offered: varies, S -Saturday Time of Program: varies Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): —michelleLjernigan@gmaii.com (Fax) _None_ Office Use Only: (Evening) Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" OGRAM 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: Yogi Barre Participant Ages: _,14 - 65 Day/s of the week program is offered: varies, S -Saturday Time of Program: varies Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class -$15 ; 5 Class Pass -$60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only.• Program Rate:$_ S (Evening) # 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: Kids Yoga Participant Ages: _5 - 12 Day/s of the week program is offered: W Time of Program: 4:15-5:15 Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum 25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360, -fitness balls Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: N/A PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.co Office Use Only Program Rate:$_ S (Evening ) (Fax) _None_ # 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: Barre Sculpt Participant Ages: _14 - 65 Day/s of the week program is offered: varies, S -Saturday Time of Program: varies Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jerniga Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Same Number: (Day) 678-640-6816 (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only Program Rate:$_ 8 (Evening) # 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: Yoga Box Participant Ages: _14 - 65 Day/s of the week program is offered: M -F Time of Program: varies Program Dates: January, 1 2015 to December 31, 2015 Program Fee: class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Materials to be N/A - Maximum -25 supplied by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/ Additional Program Requirements: 0"1 PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Same Number: (Day) 678-640-6816 (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Office Use Only Program Rate:$_ S (Evening ) # 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: Cardia Barre Participant Ages: _14 - 65 Day/s of the week program is offered: varies, S -Saturday Time of Program: varies Program Dates: January, 1 2015 Program Fee: Class Pricing: to December 31, 2015 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum_25 Materials to be supplied by participants: N/A Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: !N/A Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.com Office Use Only.• Program Rate:$_ (Evening) (Fax) _None_ # 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: Community Yoga Participant Ages: _14 - 65 Day/s of the week program is offered: 2 times per month - Monday Time of Program: 7-8 pm Program Dates: January, 1 2015 to December 31, 2015 Program Fee: Class Pricing: 30 day Introductory -$39,; Single Class- $15 ; 5 Class Pass - $60; 10 Class Pass -$109; 20 Class Pass- $179,; 30 Class Pass- $249; 1 Month Unlimited- $99; 3 Month Unlimited -$229; School Teacher Special- $20 off any class package; Student 10 class Pass ( 14-18)- $55 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/A Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/A PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 (Evening) Same (E-mail): _michelleLjernigan@gmaii.com (Fax) _None_ Office Use Only. Program Rate:$ # of programs in Session: Fee/Program: S I Brian P. Kemp Secretary of State Entity Control No.: 0366122 FITT2U, INC. 4120 Providence Sq. ALPHARETTA, Georgia 30009 STATE OF GEORGIA 2015 Corporation Annual Registration Secretary of State Control No.: 0366122 Date Filed: 1/7/2015 3:16:39 PM OFFICE OF THE SECRETARY OF STATE Annual Registration Filing P.O. Box 23038 Columbus, Georgia 31902-3038 Information on record as of: 3:16:41 PM Amount Due: $50.00 Amount Due AFTER April 1, 2015: 575.00 Each business entity registered or filed with the Office of Secretary of State is required to file an annual registration. Amount due for this entity is indicated above and below on the remittance form. Annual fee is $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 1,2015 Your Annual Registration must be postmarked by April 1,2015. If your registration and payment are not postmarked by April 1,2015, 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 Hgp:/hvwcv.sos ga gov/comorations/ The Corporations Division accepts Visa, MC, Discover, American Express and ATWDebit 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.ga.gov/comorations/ Or, call 404-656-2817. CORPORATION NAME ADDRESS CITY STATE ZIP FITT2U, INC. 2675 BETHANY CREEK COURT ALPHARETTA GA 30004 CEO: MICHELLE JERNIGAN 2675 BETHANY CREEK CT ALPHARETTA Georgia 30004 CFO: MICHELLE JERNIGAN 2675 BETHANY CREEK CT ALPHARETTA Georgia 30004 SEC: MICHELLE JERNIGAN 2675 BETHANY CREEK CT ALPHARETTA Georgia 30004 THE ABOVE INFORMATION HAS BEEN UPDATED TO: CORPORATION NAME ADDRESS CITY STATE ZIP FITT2U, INC. 4120 Providence Sq. ALPHARETTA Georgia 30009 CEO: MICHELLE JERNIGAN 4120 Providence Sq ALPHARETTA Georgia 30009 CFO: MICHELLE JERNIGAN 4120 Providence Sq ALPHARETTA Georgia 30009 SEC: MICHELLE JERNIGAN 4120 Providence Sq ALPHARETTA Georgia 30009 AGT: Jernigan, Michelle Lee 4120 Providence Sq Alpharetta Georgia 30009 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: Michelle Lee Jernigan Date: 1/7/2015 3:16:39 PM Total Due: Titie:President Email: fitt2u@comcast.net $50.00 —, w u —Poranon —ua,—g—ion 153 0366122%0 0050009 FITTHINC000000000004 201504014 0075000 1771, Invoice Number: 9607324 Billing Information Product Description STATE OF GEORGIA Secretary or State Corporations Division 313 West Tower Martin Luther Bins. Jr. Dr. Atlanta. Georgia 30.34-1530 Secretary of State, Brian P. Kemp 01/24/2014 Invoice Date: 01/24/2014 UserID: 127577 Certification Order Date Pages Item Cost Expedited Total Number ANNUAL REGISTRATION- For -Profit 15894563 01/24/2014 1 $50.00 $0.00 $50.00 Corp- Online FITT2U, INC. Control # 0366122 Contact: #Error Shipped Via: Online Payment Details: Invoice Total: $50.00 Payment for $50.00 from Web with Visa CREDIT CARD XXXXXXXXXXXX-1882 Auth: Michelle Jernigan 2675 Bethany Creek Ct. Alpharetta, GA 30004 Contact(s): Michelle Jernigan CORD JERNMII TE(MMlD ) ODID: B5 �.._.. CERTIFICATE OF LIABILITY INSURANCE DA12/08/2014 THIS CERTIFICATE 1S 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). PRODUCERCONTACT InterWest Insurance Services Phone: 530-895-1010 NAME: Bobbie Been PHONE License #0B01 094 Fax: 530-895-1313 _(arc. No. Exf); 530-895-1010 ac No : 530-895-1313 P.D. Box 8110 EMAIL Chico, CA 95927-8110 ADDRESS: bbeeny@,)iwins.com ACE Program INSURER(S)AFFORDING COVERAGE NAiC R INSURER A:Philadelphia Ind. Ins. Co. 88058 INSURED Michelle Jernigan 2675 Bethany Creek Court INSURER B; Alpharetta, GA 30004 INSURER C: INSURER D: INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: 1 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 INSR its POLICY NUMBER IMM ONYYY A1MlODY7YEYYY ( LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 500,0 A X COMMERCIAL GENERAL LIABILITY X PHPK1173620 04/1912014 04/19/2015 GST PREMIhSES {Ea occurrence $ 100,0 CLAIMS -MADE a OCCUR MED EXP (Any one person) Is 1,0 X Prof Liability PER FORM PIHF1 11195 1 PERSONAL&ADV INJURY I $ 500,0 GENERAL AGGREGATE $ 11000,0 GENT AGGREGATE LIMIT APPLIES PER: RPRODUCTS _ COMP/OP AGG $ 1,000,0 X POLICY PO LOC Ij--- $ — AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT L(Ea acrid $ ANY AUTO ml) ALL OWNED SCHEDULED BODILY INJURY (Per person) $ _ AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS rPReOPR�iY;DAMAGE $ $ — UMBRELLA UABHz�� EACH OCCURRENCE $ EXCESS LIAR E '- - AGGREGATE $ DED I I RETENTION$ WORKERS COMPENSATION S AND EMPLOYERS' LIABILITY Y r N ORYL STATT• 0_TH- ANY PROPRIETOR/PARTNER/EXECUTIVE ` OFFICERIMEMBER EXCLUDED? N / A E -L EACH ACCIDENT $ (Mandatory in NH) if yes, describe under E.L. DISEASE - EA EMPLOYEE] $$ DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT I $ A Abuse/Molestation PHPK1173620 04/1912014 04/19/2015 Each c. 100,0( Aggregate 300,0( DESCRIPTION OF OPERATIONS! LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate holder is added as additional insured but only with respect to the operations of the named insured except that liability resulting from the additional insureds sole negligence. See attached CG2026 07 04. CERTIFICATE HOLDER CANCELLATION C113000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Dearfield Parkway#107 Milton, GA 30004 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD JERNMI1 OP ID: B5 `"'-" CERTIFICATE OF LIABILITY INSURANCE DATE(MMlOD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 12/08/2014 THIS CERTIFICATE 1S 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 Phone: 530-895-1010 # Insurance Services Fax: 530-895-1313 Li a License License #OB01094INC.No ChiP.OBox 6959 Chico, CA 95927-8110 CONACT NAME: Bobbie Been �" PHONE 5 FAAX Nn ; 530.895-1313 Etl: 30-895-1010 ADDRESS: bbeeny iwins.com � INSURER(SI AFFORDING COVERAGE NAIC ACE Program INSURER A: Philadelphia Ind. Ins. Co. 18058 INSURED Michelle Jernigan 2675 Bethany Creek Court Alpharetta, GA 30004 INSURER B: INSURER C: EACH OCCURRENCE INSURER D: A X COMMERCIAL GENERAL LIABILITY INSURER E : PHPK1173620 INSURER F - 04/19/2015 E'TO7# -i PREMISES (Ea occurrence) l�llY CRH1ICJ I nm 111-I1:H i r M1 jmKhW- l Pft•a {I [�1I1♦, ♦ 11 VIY1VL.{\s 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 POLICY NUMBER P LICY EFF (MMIODIYYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 500,00 A X COMMERCIAL GENERAL LIABILITY X PHPK1173620 04/19/2014 04/19/2015 E'TO7# -i PREMISES (Ea occurrence) $ 100,00 CLAIMS -MADE � OCCUR MED EXP (Any one person) $ 1,00 X Prof Liability PER FORM PIHF1 11195 PERSONAL & ADV INJURY s 500,00 GENERALAGGREGATE $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: �0 PRODUCTS - COMP/OP AGG $ 1,000,00 $ X POLICY I 1 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accwent) _$ BODILY INJURY (Per person) S ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ _ AUTOS AUTOS NON-OAUTOS HIRED AUTOSP PROPERTY-DAMAGE Per accident $ S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE AGGREGATE $ DE I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- I TQ$y i)(v 176 I Ff'� YIN E L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? N i A E L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE, POLICY LIMIT $ DESCRIPTION OF OPERATIONS below I A Abuse/Molestation PHPK1173620 04/19/2014 04/19/2015 Each Occ 100,00 Aggregate 300,00 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Certificate holder is added as additional insured but only with respect to the operations of the named insured except that liability resulting from the additional insureds sole negligence. See attached CG2026 07 04. FUL0786 Fulton County Schools 786 Cleveland Ave SW Atlanta, GA 30315 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 V Tabs-zU1U ACORD CORPORATION. A8 rights reserved. ACORD25 (2010/05) The ACORD name and logo are registered marks of ACORD 1�7!l11 IRS C� Department of'the Treasury QT�11 IRS Internal Revenue Service: CINCINNATI OH 45999-0038 FITT2U INC 4120 PROVIDENCE SQUARE � N ALPHARETTA GA 30009 �hti 10861 Employer Identification Number: Dear Taxpayer: In reply refer to: 0233381096 Dec. 30, 2014 LTR 147C 0 90-0133416 000000 00 00001580 BODC: SB 90-0133416 Thank you for your inquiry of Dec. 18, 2014. Your Employer Identification Number (EIN) is 90-0133416. Please keep this letter in your permanent records. Enter your name and ETN on all federal business tax returns and on related correspondence. If you need forms, schedules, or publications, you can obtain them by visiting the IRS web site at www.irs.gov or by calling toll free at 1 -800 -TAX -FORM (1-800-829-3676). Please call our toll-free telephone number at 1-800-829-4933 with any questions you may have. You also can write to us at the address shown at the top of this letter's first page. When you write to us, please attach this letter and, in the spaces below, give us your telephone number with the hours we can reach you in case we need more information. You also may want to keep a copy of this letter for your records. Telephone Number ( ) Hours We apologize for any inconvenience we may have caused you, and thank you for your cooperation. No Text 0 HOME OF' - - - M1 LTO N* ESTABLISHED 2406 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 12, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Engineering 303, LLC for a Boundary and Topographic Survey of Fire Station #42. MEETING DATE: Wednesday, January 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �APPROVED () NOT APPROVED Cl TY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED. YES O NO APPROVAL BY CITY ATTORNEY KAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS * 4 ®10youm *** PHONE: 678.242.2500 FAX: 678.242,2499 Green ; Certifile{d * roaiou info@cityofmiltonga.us i www.cityofmiitonga.us WI Community i(Ethic- 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'a Page 1 of 2 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on January 12, 2015 for the January 21, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Engineering 303, LLC. for a Boundary and Topographic Survey of Fire Station #42 ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: This contract is to provide professional services for a boundary and topographic survey for Fire Station#42. This station is currently scheduled for replacement in 2017. The boundary and topographic survey will allow for the preplanning associated with the evaluation of the property and future site plan. In accordance with the City of Milton Purchasing Policy four quotes were obtained for this service. Table 1. Bid Summary Firm Bid Engineering 303 $1,750 Brumbelow Reese $2,400 EIS $2,650 Terramark $4,900 Staff is recommending approval of the Professional Services Agreement with Engineering 303, LLC in the amount of $1,750. Funding and Fiscal Impact: Funding for this project is available in the Public Works Engineering and Surveying Services account. Alternatives: Delay the survey to a future date. Legal Review: Paul Higbee – Jarrard & Davis (12-24-14) Page 2 of 2 Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Professional Services Agreement ^OMF CIF' M 1 LTO N*r bL�BLUt ILD Z PROFESSIONAL SERVICES AGREEMENT FIRE STATION #42 BOUNDARY AND TOPOGRAPHIC SURVEY This Professional Services Agreement (the "Agreement") is made and entered into this Ind day of January , 2015, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Engineering 303, LLC (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT .EXHIBIT D SUBCONTRACTOR AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as a boundary and topographic survey for Fire Station #42. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 30 calendar days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the Page 1 of 6 services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $1,750.00 (the "Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perforin the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses. Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. Page 2 of 6 F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant's Representative: Valerie Gibson, RLS shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. E -Verify Affidavits. It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will Page 3 of 6 perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. X Fewer than 100 employees. Page 4 of 6 Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section E in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 5 of 6 [Engineering 303, LLCI Signature: /,g F Printed Name: Brian J. King, P.E. Title: President [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Page 6 of 6 Exhibit "A" Work Description A. General 1. All boundary work shall be consistent with the Rules and Regulations established by the State of Georgia, City of Milton Standards and industry standards for this type of work. 2. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All vertical traverses shall use the North American Vertical Datum (NAVD) of 1988. B. Specific Requirements 1. All information will be collected by a field run survey and shall include at a minimum the following information: Property boundary with all data necessary to indicate the mathematical dimensions and relationships of the boundary represented, with angles given directly or by bearings, and with the length and radius of each curve, together with elements necessary to mathematically define each curve. The point of beginning of the surveyor's description shall be shown as well as the remote point of beginning if different. A bearing base shall refer to some well -fixed line, so that the bearings may be easily re-established. 1. Where a measured or calculated dimension differs from the record by an amount deemed significant by the surveyor, such dimension shall be shown in addition to, and differentiated from, the corresponding record dimension. c. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by an existing monument or witness to the corner. d. Gross land area. Adjacent property owners names and recording data. The name and width of any public right of way abutting the property. Identify all utilities and easements recording in the county records. All easements evidenced by Record Documents which have been discovered or delivered to the surveyor shall be shown, both those burdening and those benefiting the property surveyed, indicating recording information. If such an easement cannot be located, a note to this effect shall be included. Observable evidence of easements and/or servitudes of all kinds, such as those created by roads; rights-of-way; water courses; drains; telephone, telegraph, or electric lines; water, sewer, oil or gas pipelines on or across the surveyed property and on adjoining properties if they appear to affect the surveyed property, shall be located and noted. If the surveyor has knowledge of any such easements and/or servitudes, not observable at the time the present survey is made, such lack of observable evidence shall be noted. Surface indications, if any, of underground easements and/or servitudes shall also be shown. 1. The width and recording information of all plottable rights of way, easements and servitudes burdening and benefitting the property surveyed, as evidenced by Record Documents which have been discovered or provided to the surveyor. 2. A note regarding any right of way, easement or servitude evidenced by a Record Document which has been provided to the surveyor (a) the location of which cannot be determined from the record document, or (b) of which there was no observed evidence at the time of the survey, or (c) that is a blanket easement, or (d) that is not on, or does not touch, the surveyed property, or (e) that limits access to an otherwise abutting right of way, or (f) in cases where the surveyed property is composed of multiple parcels, which of such parcels the various rights of way, easements, and servitudes cross. 3. Platted setback or building restriction lines which appear on recorded subdivision plats or which were disclosed in Record Documents provided to the surveyor. f. The character and location of all walls, buildings, fences, poles and other visible improvements on the property or within twenty-five feet of the boundary lines shall be noted. If there are no visible buildings on the surveyed property, a note stating "No buildings existing on the surveyed property" shall appear on the face on the survey g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc... h. Driveways, alleys and other ways of access on or crossing the property must be shown. Where there is evidence of use by other than the occupants of the property, the surveyor must so indicate on the plat or map. Where driveways or alleys on adjoining properties encroach, in whole or in part, on the property being surveyed, the surveyor must so indicate on the plat or map with appropriate measurements. i. Topographic survey with a minimum of 2 foot topographic contour intervals. Contours shall extend a minimum distance of twenty-five feet beyond all property lines. j. A detailed description of benchmarks and their dattun, along with the source benchmark and datum used for the survey. k. Provide spot elevations at all critical points such as drainage breaks, high points, low points, etc... 1. Size and type of all overhead and underground utilities. in. As accurately as the evidence permits, the location of cemeteries and burial grounds observed in the process of performing the field work for the survey, shall be shown. n. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown. Show the mean elevation and extent of water in all features. o. Observable evidence of site use as a solid waste dump, sump or sanitary landfill. p. Location of 100 year flood plain or a determination that none exists on the property. q. Manholes, catch basins, valve vaults or other surface indications of subterranean uses. Include, at a minimum, top elevation, bottom elevation, pipe inverts, pipe sizes, pipe materials, weir or opening elevations r. Any other information necessary to accurately depict the structure. s. Include Tree Survey to include the location of tree line, any beech, magnolia or walnut tree 24" or greater dbh, any other hardwood or pine tree 27" or greater dbh, and any dogwood, redbud or sourwood tree 8" or greater dbh (call out tree type, size, and show location on plat). t. Any other field information which may be determined to affect the development potential of the property. Deliverables: 1. Provide digital files of survey (DGN or DWG format tied to state plane coordinates and including Benchmark data and datum information) and 2 hard copies of survey and legal description signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. Survey shall be provided at a standard engineering scale, with that scale clearly indicated on the drawing. 2. Provide a written legal description of the property (MS Word format). No right of way plats, staking of centerline or right of way easement staking are included in this proposal. Exhibit "S" Insurance Certificate ACORbP CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDD/YYYY) 01/05/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME; Terry Mechling America Insurance Brokers, Inc. 9810-a Medlock Bridge, Ste. 105 a °NN Ex : (770) 770-7239 FAX No : (678) 909-4071 E-MAIL TerTy@Goaib.com ADDRESS: rry@GOalb.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: SENTINEL INS CO LTD (HARTFORD) 11000 Johns Creek GA 30097 INSURED INSURER B : HARTFORD CASUALTY INSURANCE CO 29424 INSURER C: Landmark American Insurance Co Engineering 303 LLC INSURER D: 116 N. Main St INSURER E: 1 INSURER F : Cumming GA 30040 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INR SUBR WVD POLICY NUMBER POLICY EFF MM/DDNYYY POLICY EXP MM/DDlYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000.00 CLAIMS -MADE 7 OCCUR MED EXP (Any one person) $ 10,000.00 PERSONAL& ADV INJURY $ 1,000,000.00 A Y Y 20SBAAC0189 10/05/2014 10/05/2015 GENERAL AGGREGATE $ 4,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000.00 PRO 1-1 POLICY "Ci LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A ALL OWNED SCHEDULED AUTOS AUTOS 20UECNG0477 10/05/2014 10/05/2015 BODILY INJURY Per accident $ ( ) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000.00 A EXCESS LIAB CLAIMS -MADE 20SBAAC0189 10/05/2014 10/05/2015 AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN T RY I 1T R E.L. EACH ACCIDENT $ 1,000,000.00 B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? ❑N N/A 20WECAD1656 10/05/2014 10/05/2015 E.L. DISEASE - EA EMPLOYEE $ 1,000,000.00 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS below Errors and Omissions C AE -823322 01/05/2015 01/05/2016 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder listed below is also added as an additional Insured on policies listed above with the exception of the Professional E&O policy # SUAML488. Waiver of Subrogation is included for all additional insureds. %ICF[ 1 lrl%.M 1 C rIVLUCR GANUtLL.A I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 Deerfield Parkway ACCORDANCE WITH THE POLICY PROVISIONS. Suite 107 AUTHORIZED REPRESENTATIVE Milton GA 30004 AGUKU ZO (ZU7U/U5) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, fine, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthennore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 438419 eVerify Number 08/09/2011 Date of Authorization Engineerin;? 303, LLC Name of Contractor Fire Station #42 Boundary and Topooeranhic Survey Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Jan. z 201 s in cummirRity), (state). Signature of Authorized Officer or Agent Brian J. King, P.E President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2nd DAY OF January 2015 NO Y PUBLIC.• m" 'C' m'+s 2 [NOTARY SEAL] ��'.• . - NpiARY n 41P040 = O PUBL\G ID '.p"*pm ,\.-� =�11'x`' 0`_ 9' ► W. � My Commission Expires: 8 '�, 'S' C9 q -Ig -201-1C06N`�' /'''/„1111111 \ N"\�. EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, fine or corporation which is engaged in the physical performance of services under a contract with Engineering 303, LLC on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor Fire Station #42 Boundary and Topographic Survey Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201—. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 12, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Ask -Kay Electrical Contractors, Inc. for the Replacement of the Emergency Operations Generator at Fire Station #41. MEETING DATE: Wednesday, January 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES ONO CITY ATTORNEY REVIEW REQUIRED. YES O NO APPROVAL BY CITY ATTORNEY �} APPROVED PLACED ON AGENDA FOR: 012-11 REMARKS ©_*YOUM PHONE: 678.242.2500 1 FAX: 678.242.2499 infoCcityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 lviiiton GA 30004 O NOT APPROVED Itp, ' Green s WILDLIFE Community C�,*ice Gcy 4 �je�L Page 1 of 2 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on January 12, 2015 for the January 21, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Ask-Kay Electrical Contractors, Inc. for the Replacement of the Emergency Operations Generator at Fire Station #41 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This contract is to provide construction services related to the removal and replacement of the emergency operations generator for fire station #41. This is a budgeted item to replace a generator that is believed to be original to the station and has begun to have multiple maintenance issues. Because of the age of the generator it has been determined that it would more effective from an operational standpoint to replace the unit with a more modern and efficient generator than to expend any further funding on diagnostics and repair. In accordance with the City of Milton Purchasing Policy three quotes were obtained for this service. Table 1. Bid Summary Firm Bid Ask-Kay $38,189 Pat Murphy $52,948.93 Eckardt $58,432 Staff is recommending approval of the Construction Services Agreement with Ask-Kay Electrical Contractors, Inc. in the amount of $38,189. Funding and Fiscal Impact: Funding for this project is available in the Fire Department Capital Projects Fire Station #41 Generator Replacement fund. Alternatives: None. Legal Review: Paul Higbee – Jarrard & Davis (12-23-14) Page 2 of 2 Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Professional Services Agreement HOME OF' MILIUM '�- ESTABLISIIED 2006 CONSTRUCTION SERVICES AGREEMENT FOR FIRE STATION #41 GENERATOR REPLACEMENT This Agreement (the "Agreement") to provide sidewalk improvements is made and entered into this _ day of , 2015, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), Ask -Kay Electrical Contractors, Inc. (hereinafter referred to as the "Contractor") having its principal place of business at 2970-D Ask Kay Drive, Smyrna, Georgia 30082. WITNESSETH: WHEREAS, the City solicited bids for the removal and replacement of the generator at Fire Station #41; and WHEREAS, based upon Contractor's bid to complete these improvements, as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (19 Pages); B. Exhibit "A" [RESERVED]; C. Bid from Contractor dated November 14, 2014 (4 Pages), attached hereto as Exhibit `B"; D. Exhibit "C" [RESERVED]; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D"; F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Exhibit "G"[RESERVED]; I. Final Affidavit, attached hereto as Exhibit "H"; The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description The scope of this project generally consists of the removal and replacement of the generator at Fire Station #41. The new generator will be located outside of the existing building at least 5 feet from the building as directed by the city. Contractor shall provide all manpower, equipment and materials to complete this project with no additional services or fees required to remove and replace the existing generator. At a minimum the following services shall be provided (the "Work"): A. Furnish and install a new (used, rebuilt or refurbished items will not be considered) Generac Guardian 48kW Standby Generator 1800 RPM 3PH 120/208V. B. Furnish and install a new (used, rebuilt or refurbished items will not be considered) Generac Automatic Transfer Switch 200A 3PH 120/208V. C. Provide all wiring and piping necessary for the installation and proper operation of the specified generator. D. Apply for and obtain all necessary permits and inspections (fees will be waived for permits issued by the city). All work shall be performed by licensed contractors. E. Demolish, remove and properly dispose of the existing generator and transfer switch. The existing fire station shall not be off-line for more than 4 hours at any time during the 2 6k process. The city shall be notified at least 2 hours prior to any disruption of service or the existing generator being taken off-line. F. The city will test the existing exhaust insulation for asbestos. If asbestos is found the city shall properly remove and dispose of the material. G. The existing gas line shall be removed and capped above the existing drop ceiling elevation. Contractor shall provide a new gas service to the proposed generator location. H. Contractor shall install a new 8'x 10'x6" thick concrete pad on the exterior of the building in the area identified by the city. Contractor to provide all work necessary to level and prepare the site in accordance with the manufacturers specifications. I. Provide set up and start up and walk through generator operations. J. Furnish and install a group 26 Exide battery for generator. K. Contractor is responsible for the proper disposal of all wrappings, crating, and other disposable materials upon the delivery of items. L. Any damage to the building, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. M. Before commencing any work the Contractor, at its own expense (no fees will be charged for permits issued by the City), will ensure that all licenses, permits or other governmental authorizations needed to perform the Project ("Licenses") are issued. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 3 Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $38,189.00 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor- upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. As long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Honor Motes (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the 4 0 Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and 5 dj professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative Steve Sivell shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. M H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other- employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less 8 than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $500,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the M policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf ' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencin 10 6� coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Occurrence Policies: Contractor shall maintain an occurrence insurance policy until such time as final payment is made by the city. (9) City as Additional Insured and Loss Paye: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "P (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification (`BEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the 11 affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 CIRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor- agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "F", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit 12 V is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. J1 Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (Z) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this 13 6y-- Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. [RESERVED] R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be 14 performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the right-of-way, in order for Contractor to complete the Work. B. City's Representative Carter Lucas shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. 15 Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor- or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter- contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. 16 C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Mr. Steven Askea, Ask -Kay Electrical Contractors, Inc., 2970-D Ask Kay Drive, Smyrna, Georgia 30082. F. 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. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations 17 rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section I in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGES] [E:3 Rani, Fi_e+ri_, T___.. A-SK-JeN" FLEcTZ1ej3- , Co�7T2A,c�1z5���L ignature Print Name pre -5 ,Ie -_.J 1 Title [AFFIX CORPORATE SEAL] In the �presen of: G' �01001u .:._ . .raw Witness ( orporat Secretary should attest) F4 G� v �alahg'ho tzPrint Name 0: to M� ]► Notary PubliS,,Nx RAM �i�� '•••....>.-•" .. 5P••' [NOTAXN' S&T 0 :4 NO7q,Q My ComRt2' n E c ' I``� MILTON CITY COUNCIL: Joe Lockwood, Mayor SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: HE [CITY SEAL] EXHIBIT "A" RESERVED EXHIBIT `B" BID FROM CONTRACTOR &/ Ills =c ** y GENERAC FLASH ELECTRIC 2970 ASK -KAY DRI'.,E SUITE D SMYRNA, GA 30082 770-773.5274 November 14, 2014 Carter Lucas. PE City of Milton Fire Depar.,nent 12670 Amoid M:tl Road Witton, Ga. 30004 Subject: Generac Guardian-" 48kW Standby Generator c ro; asat: Dear Carter. Thank for the opportunity, listed below is the proposal for yocr 4WN Generac gene -at and transfer swath and complete instal:ation.. 9 are pleased to offer you: Generac Guardian- 48kW Standby Generator QTY: Generac iiarns 1 Generac Guard'an- 48kW Standby Generator i800RPM 3PH 120f20W.' 1 Generac Automatic Transfer switch 2DOA 3PH 120i208U QTY: Eiecbwd 1 Electrical Per -nit 1 Generator Electrcal Wirrg QTY: Gas I Gas Perrnd 1 Gas piping for generator OTY: Load Management Additional notes • Generator will be located on side of building near the radio antenna and the gas meter, but placed at least 5 feet off wall. • This proposal includes disassembly and removal of the existing 45kw generator. Nae: The exhaust pipe wrapping must be tested by the Fire Department to ensure it is not asbestos material, if it is asbestos material the Fire Department will be responsible for the remediation and removal of the asbestos wrapping before we can continue the removal of the generator exhaust system. • The existing gas line will be removed and capped accordingly and the re-routed to the new generator location. Note: The gas meter will have to be upgraded to a 21b meter. Fire Department will have to contact Atlanta Gas Light to get the process started since the account for AGL is under the City's name There probably wiN be no cost involved with AGL but that is a possibility and will be between the City and AGL. • The site for the generator will be leveled and we will pour a 6" thick 8x10 concrete pad for the unit to sic on. Overall scope Of work: 1. Furnish and install 48KW Generac Generator_ 2. Furnish and Install Generac 200a 3PH automatic transfer switch 3. Prowde all wring for generator, transfer switch. 4. Provide set up and start up and walk through generator operations. 5. We will level the earth and install generator on poured concrete pad. 6 Furnish and install a group 26 Exide battery for generator. 7 All gas piping from the gas meter to the generator (this new dedicated gas line is to be ran from the gas meter). B. All Electrical work for the generator is to be performed and completed by state licensed unrestricted electrician. 9. All gas work to be completed by licensed gas contractor 10. Your generator and transfer switch is to be Install by a Factory authorized and trained electrician. 11 Proposal is for a complete "turnkey" project no other fees will be charged by Flash Electric or Spectrum Gas Solutions. We Propose hereby to furnish material and labor—complete in accordance with the above specifications for the sum of Thirty Eight Thousand one Hundred Eighty- Nme doliaa and GGJSGG------ (538.189.001. Total. $38,189.00 6�7 Generac is the #I standby generator on the market today. FLASH ELECTRIC is a factory -authorized and certfied oealer, tra=ned in the proper application, installation, and service of of Generac automatic standtry generators. assuring you the highest quabty service and support for your generator Thank you for the opportunity to offer a Generac automatic standby gene ator to protect your home and famiy during a power outage. We wil contact you to answer any additional questions and firlalize the details of the instadatton of your auttomhalic standby generator. Please feel tree to contact us at 770-773-51-74 at any tithe. AM quotes are valid for 60 days. Sincerity Steve Sivell We Propose hereby to furnish material and labor—complete in accordance with the above specifications for the sum of Thirty Eight Thousand One Hundred Eighty -Nine dollars and 00/100— (538.189.001. I accept this proposal and wish to proceed w th the purchase and installation of my Generac automatic standby generator. Customer NamelSignature Cate A114 - 1-5-15 Dealer Name1S mature date You, the buyer, may canoe4 this tansaclron at anytime pnor to midnight of the third business day after !he date of this transarion See the attached o` cancellation form for an explanation & this right. Additional Comments: Selected payment option Cash/check Notice of Cancellation Date of Purchase You may CANCEL this transact*n wAhout any Penalty or Obligation, within THREE BUSINESS DAYS from the above date If you cancel, any property traded in, any payments made by you under the contract or sale and arty negotiable instrument executed by you wol be returned wAhir TEN BUS; NESS DAYS following receipt by the seller of your cancellation notice, and any security interest ans:ng out of the transaction will be cancelled. If you cancel, you rrwst stake available to the seller at your residence, in substantially as good condition as when you received, any goods oel.vered to you under this contact or sae, or you may, 0 you wishcomply with the intstrucbons of the seller regarding the return sn,pment of the goods at the serler's expense and nsk K you do make the goods available to the seler and the seder does not pick them up wdhin 2D days of the date of your Notce of Carcelaton you may retain or dispose o' tie goocs wRhout any further obligation. If you fail to make the goods available to the sealer, or i you agree to return the goods to the seller and fat to do sc. then •you remain Gable for perfomtance of ah obtrganons under the contract To cancel this transactionmail or dekver a signed and dated copy of the Cancellation Notice or any other writter notice or send a telegram, to FLASH ELECTRIC at 2970 ASK -KAY DRI'dE SUITE D SMYRNA, GA 30082 NOT LATER THAN MIDNIGHT OF 1 HEREBY CANCEL THIS TRANSACTION (Signature) � — EXHIBIT "C" [RESERVED] EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON 57-&�yg,/j L - tAS ka_ , being first duly sworn, deposes and says that: (1) He is ST"M4- • C • /�S�Ef%, Pr �UwnePartner, Officer, Representative, or Agent) of ,-,....L gl T- . (the "Proposer") that has submitted the attached Proposal; A314-Is:AAY CL_A0.e_MI44L_ Co.u7-jZp4G70A�51IAJ6, (2) He is fully informed respecting their preparationcontents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). le:�K1.1.14 /1, — Signature of Authorized Officer or Agent -2d1 _ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS Y OF ;Eo2�r4 20 1 :5 Notary Pu 6c OF O e .-tea OFFICIAL SEAL CATHY POPHAM My Commission Expires la NOTARYPUBLIC- GEORGIA COBB COUNTY _ MY Comm cxpires08.14-2015 EXHIBIT "E" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, film, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the infonnation required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: L1 '7'1 `) '1 eVerify Number 3-6y-,�'6 (1 Date of Authorization Plash E4eeWie-,4-xet Name of Contractor ASK-leXY EI E&M,644 Co,JT2ptG��S, Fire Station #41 Generator Replacement Name of Project I hereby declare under penalty of perjury that the foregoing is true and correct. SMJIMO- Executed on 14AI , _, 201" in J. (city), 6' l4 ,(state). Signature of Authorized Officer or Agent .5T�/&-XJ C . 46 -KP H— , f "S' J",Jt Printed Name and Title of Authorized Officer or Agent City of Milton Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE S DAY OF TF} N NOTARY UBLI [NOTARY SEAL] 0,_- ,-✓ OFFICIALSEAL CATHY POPHAM 1 NOTARY PUBLIC My Commission E COBS COUNTY Exnl�es 08 -14- 2015 EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Ask -Kay Electrical Contractors, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10- 91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor Fire Station #41 Generator Replacement Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201 . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "G" (RESERVED] EXHIBIT "H" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Ask -Kay Electrical Contractors, Inc. or any of its subcontractors in connection with the construction of the Fire Station #41 Generator Replacement for the City have been paid and satisfied in full as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of Ask -Kay Electrical Contractors, Inc. that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires a HOME OF' ESTAB I1,SIiE1) 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 9, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Shuttle and Swirl, Inc. dba Zola Italian Bistro, Located at 2955 Bethany Bend, Milton, Georgia 30004. The Applicant is Jonathan Mattson for Wine, Malt Beverages and Distilled Spirits. MEETING DATE: Wednesday, January 21, 2015 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 ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: b 121 5 REMARKS © You PHONE: 678.242.2500 FAX: 678.242.2499 Communty ��;< Green *CeMfied Top 10° info@cityofmiltonga.us i www.cityofmiltonga,us i�< 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on December 22, 2014 for the January 21, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Shuttle and Swirl, Inc dba Zola Italian Bistro, Located at 2955 Bethany Bend, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Shuttle and Swirl, Inc dba Zola Italian Bistro for consumption on premises of wine, malt beverages, and distilled spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to a change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Shuttle and Swirl, Inc dba Zola Italian Bistro Contact Name: Jonathan Mattson Business Address: 2955 Bethany Bend, Milton, GA 30004 Type of License: Consumption on Premises - Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager John Huey, Interim Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. 0 HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 9, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 180 Days to Bar the Acceptance of Any Rezoning Applications for Property Located in the 2014 Highway 9 Vision Area. MEETING DATE: Wednesday, January 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED O NOT APPROVED CITYATTORNEYAPPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: (YYES () NO APPROVAL BY CITY ATTORNEY XAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: O ! I { REMARKS * 4 ©10 you (M *** PHONE: 678.242.25001 FAX: 678.242.2499 Green-; eenied roa,;uU info@cityofmilfonga.us I www.cltyofmiltonga.us WILDLIFE Community Ctry ;o, 13000 Deerfefd Parkway, Suite 707 1 Milton GA 30004 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING A MORATORIUM FOR 180 DAYS TO BAR THE ACCEPTANCE OF ANY REZONING APPLICATIONS FOR PROPERTY LOCATED IN THE 2014 HIGHWAY 9 VISION AREA WHEREAS, Section 1.12(b)(26) of the Charter of the City of Milton, Georgia (“City”) empowers the City to regulate development within the City limits through zoning; and WHEREAS, Chapter 64 of the current Code of the City of Milton, Georgia (“zoning ordinance”) divides property within the city into various districts, and regulates the use and development of property based on the district to which the property is designated; and WHEREAS, on June 2, 2014 the City approved a State Route 9 North Vision Plan (“Vision Plan”) that reflects the City’s intent and 'vision' with respect to planning and zoning for development and use of property in the Hwy 9 area as defined in the Vision Plan (“Covered Property”); and WHEREAS, the City is of the opinion and belief that at the present time the Milton zoning code is not equipped with the tools necessary to ensure the Council's 'vision' for the areas within the Vision Plan and Covered Property to be realized; and WHEREAS, the City intends to consider amendments to the zoning ordinance with respect to the adoption of development standards and requirements for Covered Property; and WHEREAS, on June 9, 2014 the Milton City Council adopted an emergency moratorium barring for 30 days the acceptance of any rezoning applications for Covered Property until such time as a longer moratorium could be considered by the City Council after a public hearing meeting the standards of Georgia’s Zoning Procedures Law, O.C.G.A. § 36-66-1, et seq. (“ZPL”); and WHEREAS, on July 7, 2014, after publication of legal notice in compliance with Georgia’s ZPL, the City conducted a public hearing on a moratorium barring for 180 the acceptance of any rezoning applications for Covered Property while the City considers the adoption of an amendment to the City’s zoning ordinance adopting development standards and requirements for Covered Property; and WHEREAS, on January 21, 2015, after publication of legal notice in compliance with Georgia’s ZPL, the City conducted a public hearing on a moratorium barring for 180 the acceptance of any rezoning applications for Covered Property while the City considers the adoption of an amendment to the City’s zoning ordinance adopting development standards and requirements for Covered Property; and 2 WHEREAS, the City finds a moratorium barring for 180 days the acceptance of any rezoning applications for Covered Property to be reasonably necessary, the least restrictive means available, a reasonable exercise of the City’s police power, and in the best interests of the public health, safety, and welfare; NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City does hereby enact a moratorium to bar the acceptance of any rezoning applications for the Covered Property pursuant to the City’s zoning ordinance. 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) 180 days from the date of adoption of this Resolution; (2) approval by the City Council of an additional moratorium after a public hearing; or (3) the adoption of an amendment to the City’s zoning ordinance adopting development standards and requirements for the Covered Property. 3. The moratorium imposed herein does not limit the ability of property owners to develop their land as currently zoned or permitted. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO RESOLVED, the public’s health, safety, and welfare demanding it, this 21st day of January, 2015. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk HOME OF' 7F FSTABLISHFI) 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 9, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Article VI, Financial Management Program, Division 7 - Debt Management Policy. MEETING DATE: Wednesday, January 21, 2015 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: p 1 Z t I S REMARKS LV r l71 /� �"i—i�FF �j t-�vrn.o ria O NOT APPROVED () NO () NO NOT APPRO VL -9,9 q�f o10 � ** PHONE: 678.242.2500 1 FAX: 678.242.2499 Green ; Cerui[ei ; rou,iga t6'1LDUR Community I info4cityofmiltonga.us j www.cityofmiltonga.us 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on January 14, 2015 for the January 21, 2015 Regular Council Meeting Agenda Item: Consideration of an Ordinance to Amend Article VI, Financial Management Program, Division 7 – Debt Management Policy Department Recommendation: Approve the ordinance as written. Executive Summary: Through the process of issuing the revenue bond, it was pointed out by the bond attorney that the city’s debt management policy needed to be revised to include additional language related to tax-exempt debt. The IRS encourages all governmental entities to adopt certain policies and procedures to ens ure the entities do not take any action or fail to take any action that would adversely affect the tax -exempt status of their debt. The revised policy that is presented here captures the recommended verbiage from the IRS. Funding and Fiscal Impact: No funding is needed. Alternatives: There are no other attractive alternatives to offer. Legal Review: Elizabeth Whitworth – Jarrard & Davis (1/5/15) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Revised ordinance Sec. 2-503. - Purpose; findings. (a) Goals. The goal of this division is to: (1) Maintain a sound fiscal position, thereby only utilizing long-term tax-exempt debt (the “debt”) to provide resources to finance needed capital improvements, while accumulating adequate resources to repay the debt; and (2) Maintain and improve the city's credit rating through strong financial administration. (2)(3) To comply with all applicable federal and state laws, rules and regulations related to the issuance of debt. (b) Acknowledgments. (1) The city acknowledges that failure to meet the demands of growth may inhibit its continued economic viability, but also realizes that excess outstanding debt may have detrimental effects on the ability of the city to meet its continuing operational needs. Issuing debt commits the city's revenues several years into the future, and may limit its flexibility to respond to changing service priorities, revenue inflows, or cost structures. Adherence to this division helps ensure that the city issues and manages its debt prudently in order to maintain a sound financial position and protect its credit rating. (2) Credit ratings are the rating agencies' assessment of the city's ability and willingness to repay debt on a timely basis. Credit ratings are an important indicator in the credit markets and can influence interest rates a borrower must pay. Each of the rating agencies believes that debt management is a positive factor in evaluating issuers and assigning credit ratings. Therefore, implementing debt management practices will be viewed positively by the rating agencies and could influence the city's credit rating and ultimately lower borrowing costs. (c) Scope. This division applies to all debt issued by or for the benefit of the city and itsis related entities. (c)(d) Responsibility. The City Treasurer shall be administratively responsible for this division. The City Treasurer shall be responsible for reviewing the requirements and responsibilities of the city under this division with bond counsel on or before the closing date of any debt issued by the city. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-504. - Conditions for issuing debt. (a) Long-term. Debt financing for capital improvements and equipment will be generally used when at least one of the following conditions exist: (1) When one-time, noncontinuous projects (i.e., those not requiring annual appropriations) are desired; (2) When the city determines that future users will receive a benefit from the capital improvement that the debt financed; (3) When the project is necessary to provide basic services to the city residents; (4) When the total debt, including debt issued by overlapping governments (i.e., the county), does not constitute an unreasonable burden to the taxpayers; and (5) Exhaustion of the use of all other possible revenue sources provides no alternative funding for capital projects. (b) Short-term. The city will limit its short-term borrowing to cover cash flow shortages through the issuance of tax anticipation notes. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-505. - Sound financing procedures. When the city utilizes debt financing, the following will occur to ensure that the debt is soundly financed: (1) Analysis of the financial impact, both short-term and long-term, of issuing the debt; (2) Conservatively projecting the revenue sources that the city will use to repay the debt; (3) Ensuring that the term of any long-term debt the city incurs shall not exceed the expected useful life of the asset the debt financed; and (4) Maintaining a debt service coverage ratio (i.e., for revenue secured debt) that ensures that the revenues pledged for the repayment of the outstanding debt will be adequate to make the required debt service payments. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-506. - Debt retirement requirements. (a) Generally, borrowings by the city should be of a duration that does not exceed the economic life of the capital improvement that it finances and, where feasible, should be shorter than the projected economic life. (b) To the extent possible, the city should design the repayment of debt so as to recapture rapidly its credit capacity for future use. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-507. - Full disclosure required. (a) The city shall follow a policy of full disclosure in financial reporting and with the preparation of a bond prospectus. (b) The city shall record and comply with any continuing disclosure undertaking entered into with respect to debt. The City Treasurer shall catalogue and determine any continuing disclosure undertaking previously entered into by the city to ensure that its continuing disclosure obligations will be updated and satisfied going forward. (c) The City Treasurer will implement appropriate procedures to ensure that annually recurring disclosure obligations are timely fulfilled. (a)(d) Upon the occurrence of an event requiring the filing of an events notice under any continuing disclosure obligation, the City Treasurer will ensure such event notice is filed within ten business days of the occurrence of such event. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-508. - Compliance with local, state and federal regulations required. (a) When issuing debt, the city shall comply with all legal and regulatory commission requirements, including the continuing disclosure requirements. This compliance includes adherence to local, state and federal legislation and bond covenants. (b) More specifically, the city manager's office is responsible for maintaining a system of recordkeeping and reporting to meet the arbitrage rebate compliance requirements of the federal tax code. This effort includes: (1) Tracking investment earnings on bond proceeds; (2) Calculating rebate payments in compliance with tax law; and (b) Remitting any rebatable earnings to the federal government in a timely manner in order to preserve the tax-exempt status of the city's outstanding debt issues. The city manager's office is responsible for maintaining a system of recordkeeping and reporting for the purpose of complying with the record-keeping and arbitrage rebate compliance requirements of the federal tax code, as set forth more fully in Sections 2-513, 2-516 and 2-517 hereof. (c) (d)(c) Additionally, gGeneral financial reporting and certification requirements embodied in bond covenants are shall be monitored to ensure that all covenants are complied with. (e)(d) The city will comply with amended SEC Rule 15c2-12 (the "Rule") by providing secondary market disclosure for all long-term debt obligations which are subject to the Rule. As required, the city will submit annual financial information to all nationally recognized municipal securities repositories. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-509. - Maintaining credit ratings. The city manager's office is responsible for maintaining relationships with the rating agencies that assign ratings to the city's various debt obligations. This effort includes providing periodic updates on the city's general financial condition along with coordinating meetings and presentations in conjunction with a new debt issuance. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-510. - Other policies. (a) All bond issue requests shall be coordinated by the city manager's office. Requests for new bonds must be identified during the capital improvement program (CIP) process. Opportunities for refunding outstanding bonds shall be communicated by the city treasurer's office. (b) Annual budget appropriations shall include debt service payments (i.e., interest and principal) and reserve requirements for all debt currently outstanding (c) Long-term borrowing shall be incorporated into the city's capital improvement plan. (Ord. No. 06-11-05, 11-21-2006) Secs. 2-511—2-529. - Reserved. Sec. 2-511. – Dissemination and training. (a) A copy of this division shall be disseminated to all relevant personnel in the city and to the auditor. (b) The City Treasurer shall provide appropriate training to all personnel directly involved in the administration of tax-exempt debt to ensure they comply with the provisions of this division. The City Treasurer shall consult, as appropriate, with qualified attorneys with respect to the content of such training. Sec. 2-512. – Review. (a) This division shall be reviewed annually and, upon adoption of any amendments, redistributed to all relevant personnel in the city and to the auditor. (b) The City Treasurer shall annually conduct a due diligence review of all debt currently outstanding to ensure proper compliance with each of the provisions of this division. If the City Treasurer discovers non-compliance with any provisions of this division, steps necessary to correct the non-compliance will be taken within ten business days of the conclusion of the annual due diligence review. Records of all corrective action taken shall be retained in accordance with this division. Sec. 2-513. – Record keeping. All records relating to the debt needed to comply with Section 6001 of the Internal Revenue Code of 1986, as amended shall be maintained. These records shall be kept in paper or electronic form and shall include, among other things, (1) Basic records relating to the transaction (including the bond documents, the opinion of bond counsel, etc.), (2) Documents evidencing the expenditure of the proceeds of the debt, (3) Documentation evidencing the use of debt-financed property by public and private entities (e.g., copies of management contracts, leases and research agreements) and (4) Documentation pertaining to any investment of debt proceeds (including the purchase and sale of securities, SLG subscriptions, yield calculations for each class of investments, actual investment income received from the investment of the proceeds of the debt, guaranteed investment contracts and rebate calculations. Such records must be maintained as long as the debt is outstanding, plus three years after the final payment or redemption date of the respective debt. Sec. 2-514. – Use of proceeds. A list of all property financed with the proceeds of the debt shall be created and maintained. The use of such property shall be monitored to ensure that such use does not constitute “private business use” within the meaning of Section 6001 of the Internal Revenue Code of 1986, as amended. Without limiting the foregoing, each contract, including, but not limited to, management contracts and leases, relating to such property shall be reviewed by legal counsel prior to the execution of such contract. The list of property shall be reviewed at least annually to ensure that none of the property has been sold. Sec. 2-515. – Remedial action. In the event that property financed with the proceeds of the debt is used in a manner that constitutes “private business use” or the property is sold, the remediation provisions of Treasury Regulation § 1.141-12 shall be carried out in consultation with bond counsel. Sec. 2-516. – Yield restriction. If bond counsel advises that a fund or account needs to be yield restricted (i.e., not invested at a yield in excess of the debt), the monieseys on deposit in such fund or account shall be invested in United States Treasury Obligations – State and Local Government Series, appropriate “yield reduction payments” shall be made if permitted by Section 6001 of the Internal Revenue Code of 1986, as amended, or the City Treasurer shall establish other procedures to ensure that such fund or account is yield restricted. Sec. 2-517. – Rebate. At the time the debt is issued, the City Treasurer shall determine if he or she reasonably expects that one of the arbitrage rebate exceptions will be satisfied. If the arbitrage rebate exceptions relates to the time period over which the proceeds of the debt are spent, the City Treasurer shall verify that the appropriate expenditures have been made at each milestone. If one of the milestones is not satisfied or the City Treasurer does not reasonably expect that one of the arbitrage rebate exceptions will be satisfied, an outside arbitrage rebate consultant shall be retained unless the City Treasurer has determined that positive arbitrage will not be earned. Secs. 2-518 – 2-529. Reserved. Sec. 2-503. - Purpose; findings. (a) Goals. The goal of this division is to: (1) Maintain a sound fiscal position, thereby only utilizing long-term tax-exempt debt (the “debt”) to provide resources to finance needed capital improvements, while accumulating adequate resources to repay the debt; and (2) Maintain and improve the city's credit rating through strong financial administration. (3) To comply with all applicable federal and state laws, rules and regulations related to the issuance of debt. (b) Acknowledgments. (1) The city acknowledges that failure to meet the demands of growth may inhibit its continued economic viability, but also realizes that excess outstanding debt may have detrimental effects on the ability of the city to meet its continuing operational needs. Issuing debt commits the city's revenues several years into the future, and may limit its flexibility to respond to changing service priorities, revenue inflows, or cost structures. Adherence to this division helps ensure that the city issues and manages its debt prudently in order to maintain a sound financial position and protect its credit rating. (2) Credit ratings are the rating agencies' assessment of the city's ability and willingness to repay debt on a timely basis. Credit ratings are an important indicator in the credit markets and can influence interest rates a borrower must pay. Each of the rating agencies believes that debt management is a positive factor in evaluating issuers and assigning credit ratings. Therefore, implementing debt management practices will be viewed positively by the rating agencies and could influence the city's credit rating and ultimately lower borrowing costs. (c) Scope. This division applies to all debt issued by or for the benefit of the city and its related entities. (d) Responsibility. The City Treasurer shall be administratively responsible for this division. The City Treasurer shall be responsible for reviewing the requirements and responsibilities of the city under this division with bond counsel on or before the closing date of any debt issued by the city. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-504. - Conditions for issuing debt. (a) Long-term. Debt financing for capital improvements and equipment will be generally used when at least one of the following conditions exist: (1) When one-time, noncontinuous projects (i.e., those not requiring annual appropriations) are desired; (2) When the city determines that future users will receive a benefit from the capital improvement that the debt financed; (3) When the project is necessary to provide basic services to the city residents; (4) When the total debt, including debt issued by overlapping governments (i.e., the county), does not constitute an unreasonable burden to the taxpayers; and (5) Exhaustion of the use of all other possible revenue sources provides no alternative funding for capital projects. (b) Short-term. The city will limit its short-term borrowing to cover cash flow shortages through the issuance of tax anticipation notes. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-505. - Sound financing procedures. When the city utilizes debt financing, the following will occur to ensure that the debt is soundly financed: (1) Analysis of the financial impact, both short-term and long-term, of issuing the debt; (2) Conservatively projecting the revenue sources that the city will use to repay the debt; (3) Ensuring that the term of any long-term debt the city incurs shall not exceed the expected useful life of the asset the debt financed; and (4) Maintaining a debt service coverage ratio (i.e., for revenue secured debt) that ensures that the revenues pledged for the repayment of the outstanding debt will be adequate to make the required debt service payments. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-506. - Debt retirement requirements. (a) Generally, borrowings by the city should be of a duration that does not exceed the economic life of the capital improvement that it finances and, where feasible, should be shorter than the projected economic life. (b) To the extent possible, the city should design the repayment of debt so as to recapture rapidly its credit capacity for future use. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-507. - Full disclosure required. (a) The city shall follow a policy of full disclosure in financial reporting and with the preparation of a bond prospectus. (b) The city shall record and comply with any continuing disclosure undertaking entered into with respect to debt. The City Treasurer shall catalogue and determine any continuing disclosure undertaking previously entered into by the city to ensure that its continuing disclosure obligations will be updated and satisfied going forward. (c) The City Treasurer will implement appropriate procedures to ensure that annually recurring disclosure obligations are timely fulfilled. (d) Upon the occurrence of an event requiring the filing of an event notice under any continuing disclosure obligation, the City Treasurer will ensure such event notice is filed within ten business days of the occurrence of such event. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-508. - Compliance with local, state and federal regulations required. (a) When issuing debt, the city shall comply with all legal and regulatory commission requirements, including the continuing disclosure requirements. This compliance includes adherence to local, state and federal legislation and bond covenants. (b) The city manager's office is responsible for maintaining a system of recordkeeping and reporting for the purpose of complying with the record-keeping and arbitrage rebate compliance requirements of the federal tax code, as set forth more fully in Sections 2- 513, 2-516 and 2-517 hereof. (c) General financial reporting and certification requirements embodied in bond covenants shall be monitored to ensure that all covenants are complied with. (d) The city will comply with amended SEC Rule 15c2-12 (the "Rule") by providing secondary market disclosure for all long-term debt obligations which are subject to the Rule. As required, the city will submit annual financial information to all nationally recognized municipal securities repositories. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-509. - Maintaining credit ratings. The city manager's office is responsible for maintaining relationships with the rating agencies that assign ratings to the city's various debt obligations. This effort includes providing periodic updates on the city's general financial condition along with coordinating meetings and presentations in conjunction with a new debt issuance. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-510. - Other policies. (a) All bond issue requests shall be coordinated by the city manager's office. Requests for new bonds must be identified during the capital improvement program (CIP) process. Opportunities for refunding outstanding bonds shall be communicated by the city treasurer's office. (b) Annual budget appropriations shall include debt service payments (i.e., interest and principal) and reserve requirements for all debt currently outstanding (c) Long-term borrowing shall be incorporated into the city's capital improvement plan. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-511. – Dissemination and training. (a) A copy of this division shall be disseminated to all relevant personnel in the city and to the auditor. (b) The City Treasurer shall provide appropriate training to all personnel directly involved in the administration of tax-exempt debt to ensure they comply with the provisions of this division. The City Treasurer shall consult, as appropriate, with qualified attorneys with respect to the content of such training. Sec. 2-512. – Review. (a) This division shall be reviewed annually and, upon adoption of any amendments, redistributed to all relevant personnel in the city and to the auditor. (b) The City Treasurer shall annually conduct a due diligence review of all debt currently outstanding to ensure proper compliance with each of the provisions of this division. If the City Treasurer discovers non-compliance with any provisions of this division, steps necessary to correct the non-compliance will be taken within ten business days of the conclusion of the annual due diligence review. Records of all corrective action taken shall be retained in accordance with this division. Sec. 2-513. – Record keeping. All records relating to the debt needed to comply with Section 6001 of the Internal Revenue Code of 1986, as amended shall be maintained. These records shall be kept in paper or electronic form and shall include, among other things, (1) Basic records relating to the transaction (including the bond documents, the opinion of bond counsel, etc.), (2) Documents evidencing the expenditure of the proceeds of the debt, (3) Documentation evidencing the use of debt-financed property by public and private entities (e.g., copies of management contracts, leases and research agreements) and (4) Documentation pertaining to any investment of debt proceeds (including the purchase and sale of securities, SLG subscriptions, yield calculations for each class of investments, actual investment income received from the investment of the proceeds of the debt, guaranteed investment contracts and rebate calculations. Such records must be maintained as long as the debt is outstanding, plus three years after the final payment or redemption date of the respective debt. Sec. 2-514. – Use of proceeds. A list of all property financed with the proceeds of the debt shall be created and maintained. The use of such property shall be monitored to ensure that such use does not constitute “private business use” within the meaning of Section 6001 of the Internal Revenue Code of 1986, as amended. Without limiting the foregoing, each contract, including, but not limited to, management contracts and leases, relating to such property shall be reviewed by legal counsel prior to the execution of such contract. The list of property shall be reviewed at least annually to ensure that none of the property has been sold. Sec. 2-515. – Remedial action. In the event that property financed with the proceeds of the debt is used in a manner that constitutes “private business use” or the property is sold, the remediation provisions of Treasury Regulation § 1.141-12 shall be carried out in consultation with bond counsel. Sec. 2-516. – Yield restriction. If bond counsel advises that a fund or account needs to be yield restricted (i.e., not invested at a yield in excess of the debt), the monies on deposit in such fund or account shall be invested in United States Treasury Obligations – State and Local Government Series, appropriate “yield reduction payments” shall be made if permitted by Section 6001 of the Internal Revenue Code of 1986, as amended, or the City Treasurer shall establish other procedures to ensure that such fund or account is yield restricted. Sec. 2-517. – Rebate. At the time the debt is issued, the City Treasurer shall determine if he or she reasonably expects that one of the arbitrage rebate exceptions will be satisfied. If the arbitrage rebate exceptions relates to the time period over which the proceeds of the debt are spent, the City Treasurer shall verify that the appropriate expenditures have been made at each milestone. If one of the milestones is not satisfied or the City Treasurer does not reasonably expect that one of the arbitrage rebate exceptions will be satisfied, an outside arbitrage rebate consultant shall be retained unless the City Treasurer has determined that positive arbitrage will not be earned. Secs. 2-518 – 2-529. Reserved. HOME OF' T M I L�T(-.—,) ESTABI,ISIIFD 2776 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 9, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia to Set Qualifying Fees for Municipal Elections. MEETING DATE: Wednesday, January 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: j APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: K) YES ONO CITY ATTORNEY REVIEW REQUIRED: A YES O NO APPROVAL BY CITY ATTORNEY (APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS 4 11-* Yom **� PHONE: 678.242.25001 FAX: 678.242.2499 Gommumreen'.t *Cercitled* rop�uu info@cityofmilfonga.us www.ci„tyofmiitonga.�s Cy �,uf 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 '�` To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on January 7, 2015 for the January 21, 2015 Regular Council Meeting Agenda Item: Consideration of the Approval of a Resolution to Set Qualifying Fees for the 2015 Municipal Elections ___________________________________________________________________________ Department Recommendation: Approve the Resolution to Set Qualifying Fees for the 2015 Municipal Elections. Executive Summary: The City of Milton is committed to conducting City business in a manner that complies with all legal requirements, fosters citizen confidence in City government, and promotes efficient and effective government operations. Funding and Fiscal Impact: In compliance with House Bill 1470, the City of Milton will be holding elections for Council Seats from District 1/Post 2, District 2/Post 2, and District 3/Post 2 in 2015. Georgia Election Code Section 21-2-131(a) (1) provides that qualifying fees shall be fixed not later than February 1st of any year in which a general election is to be held, and State law provides that such fees shall be three percent of the total gross salary of the office paid in the preceding year if a salaried office. The following qualifying fee shall apply to candidates seeking municipal office in the election to be held on November 3, 2015: City Councilmember $390.00. A copy of the Resolution shall be published in the newspaper of general circulation following its adoption. Alternatives: N/A Legal Review: Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Resolution of the City of Milton, Georgia to Set Qualifying Fees for Municipal Elections Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. FULTON COUNTY RESOLUTION OF THE CITY OF MILTON, GEORGIA TO SET QUALIFYING FEES FOR MUNICIPAL ELECTIONS The Council of the City of Milton hereby resolves while in regular session on the 21st day of January, 2015 at 6:00 pm: WHEREAS, effective January 1, 1999, the Georgia Municipal and Georgia Election Codes were combined into one known as the Georgia Election Code; and WHEREAS, such Code provides at § 21-2-131(a)(1) that qualifying fees shall be fixed no later than February 1st of any year in which a general election is to be held; and WHEREAS, State law provides that such fees shall be three percent (3%) of the total gross salary of the office paid in the preceding year of a salaried office; and WHEREAS, in compliance with House Bill 1470, the City of Milton will be holding elections for Council Seats for District 1/Post 2, District 2/Post 2, and District 3/Post 2 in 2015; and WHEREAS, the Internal Revenue Service has held that Councilmembers hold salaried positions; NOW, THEREFORE, the Mayor and Council of the City of Milton, Georgia, pursuant to their authority do hereby adopt a Resolution as follows: 1. The following qualifying fees shall apply to candidates seeking municipal office in the election to be held November 3, 2015: City Councilmember - $390.00 2. Let a copy of this Resolution be published in a newspaper of general circulation following its adoption. Page 2 of 2 The above Resolution was read and approved by the Mayor and Council of the City of Milton on the 21st day of January, 2015. ______________________________ Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk (Seal)