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Agenda Packet CC - 03/21/2016 - City Council Meeting Agenda Packet
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, March 21, 2016 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jerry Dockery, Crabapple First Baptist Church - Milton, Georgia 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. 16-065) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 21, 2016 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the March 7, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-066) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements for the Period Ending February, 2016. (Agenda Item No. 16-067) (Bernadette Harvill, Finance Manager) 3. Approval of a Mutual Termination Agreement between the City of Milton and the City of Johns Creek for Information Technology Services. (Agenda Item No. 16-068) ( Carter Lucas, Assistant City Manager) 4. Approval of a Parks and Recreation Department Agreement for Outside Providers between the City of Milton and Sperber Music. (Agenda Item No. 16-069) (Jim Cregge, Parks and Recreation Director) 5. Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between the City of Milton and Hopewell Youth Association. (Agenda Item No. 16-070) (Jim Cregge, Parks and Recreation Director) 6. Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between the City of Milton and Eagle Stix Rec Inc. (Agenda Item No. 16-071) (Jim Cregge, Parks and Recreation Director) 7. Approval of a Parks and Recreation Department Facility Use Agreement and Addendums between the City of Milton and North Georgia Recreation. (Agenda Item No. 16-072) (Jim Cregge, Parks and Recreation Director) 8. Approval of a Parks and Recreation Department Facility Use Agreement and Addendums between the City of Milton and Halftime Sports, LLC. (Agenda Item No. 16-073) (Jim Cregge, Parks and Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 21, 2016 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9. Approval of a Parks and Recreation Department Facility Use Agreement and Addendums between the City of Milton and FITT2U, Inc. (Agenda Item No. 16-074) (Jim Cregge, Parks and Recreation Director) 10. Approval of an Agreement between the City of Milton and the Georgia Bureau of Investigation (GBI), Regarding a Memorandum of Understanding (MOU) and an Equipment Agreement Relating to the Startup of a Georgia Internet Crimes Against Children Task Force (ICAC) in the City of Milton Police Department. (Agenda Item No. 16-075) (John Huey, Police Captain) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Down Syndrome Awareness Month. (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing March for Meals Awareness Month. (Presented by Mayor Joe Lockwood) 3. Presentation – Awarding a Check for the Purchase of Police/Fire Department Bicycles by the Milton First Responders Foundation. (Presented by Manny Triantis, MFRF Member) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Persis Atlanta Inc. – dba Persis Biryani Indian Grill, Located at 631 North Main St. Ste. 100, Milton, GA 30009. The Applicant is Sridhar Doddapaneni – Consumption on Premises – Wine, Malt Beverages, and Distilled Spirits. (Agenda Item No. 16-076) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 21, 2016 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 1. Consideration of ZM16-01 – Southeast Corner of Birmingham Road and Birmingham Highway Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG-1 (Agricultural) by Oak Hall Companies, LLC to Modify Condition 2.a. to Revise the Site Plan to Delete Retail Buildings Along Birmingham Highway and Replace with Townhomes (RZ04-0116 and ZM14- 06). (Agenda Item No. 16-058) (First Presentation at March 7, 2016 Regular City Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution Unilaterally Modifying the Sewer Service Map between the City of Milton and Fulton County Pursuant to the Amended Fulton/Milton Sewer Intergovernmental Agreement. (Agenda Item No. 16-077) (Ken Jarrard, City Attorney) 2. Consideration of Subdivision Plats: Name of Development/ Location Action Comments Total Acres Density (1) Blue Valley III A, LL 195, 196 Final Plat Create 5 lots 7.184 .7 lots / acre (2) Kimberly A. and Johnny C. Hembree & Mark C. & Laura P. Streit, LL 1054 Minor Plat Revision Move property line between lots 57 and 58 N/A N/A (3) Water’s Edge, LL 321, 322, 327, 328 Final Plat Create 19 lots 29.75 .64 lots / acre (4) Keeneland Estates, LL 414 Minor Plat Revision Revise easements and show improvements N/A N/A (Agenda Item No. 16-078) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 21, 2016 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Consideration of a Guaranteed Maximum Price for the Construction of City Hall between the City of Milton and New South Construction, Inc. (Agenda Item No. 16-079) (Carter Lucas, Assistant City Manager ) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Fire 2. Finance 3. Information Technology 4. Communication & Engagement 5. Human Resources 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 16-080) The minutes were provided electronically a TO: FROM: AGENDA ITEM: MEETING DATE: HOME OF' FSTABLISHFD 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 10, 2016 Steven Krokoff, Interim City Manager Approval of the Financial Statements for the Period Ending February, 2016. Monday, March 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,),IAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( ) YES (�10 CITY ATTORNEY REVIEW REQUIRED: () YES („ J O APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 03I7-1)1201(6 REMARKS (WOT APPROVED „„: Your PHONE: 678.242.25001 FAX: 678.242.2499 4;4 � C'ity of �u o��rF Community k Erh,�s t infoftityofmiltonga.us I www.cityofmiltonga.us �,<<d 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Manager Date: Submitted on March 10, 2016 for the March 21, 2016 Regular Council Meeting Agenda Item: Financial Statements for Period 5 –February 2016 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 1.65% over what is anticipated for the fifth period of the fiscal year. Total expenditures to-date are $12,472,931 and are 1.86% 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 $25,658,906, capital expenditures-to-date total $1,367,365. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending February 2016 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 9,902,000 44,693 49,000 (4,307) 224,497 212,000 12,497 Motor Vehicle Tax 975,000 - - - 245,875 243,750 2,125 Intangible Tax 200,000 26,490 16,667 9,824 64,409 66,667 (2,258) Real Estate Transfer Tax 85,000 15,491 7,083 8,407 29,887 28,333 1,554 Franchise Fees 1,900,000 623,591 667,514 (43,923) 830,486 867,720 (37,234) Local Option Sales Tax 8,300,000 643,362 691,667 (48,305) 2,860,479 2,766,667 93,812 Alcohol Beverage Excise Tax 295,000 19,402 24,583 (5,182) 95,633 98,333 (2,701) Business & Occupation Tax 650,000 150,019 130,000 20,019 257,433 227,500 29,933 Insurance Premium Tax 1,800,000 - - - - - - Financial Institution Tax 39,000 9,460 8,970 490 9,460 8,970 490 Penalties & Interest 32,300 3,767 2,692 1,075 14,537 13,458 1,079 Alcohol Beverage Licenses 145,000 4,550 - 4,550 140,450 140,450 - Other Non-Business Permits/Licenses 16,800 1,519 1,400 119 8,631 7,000 1,631 Zoning & Land Disturbance Permits 217,100 4,415 18,092 (13,677) 58,062 90,458 (32,396) Building Permits 480,000 33,167 40,000 (6,833) 207,183 200,000 7,183 Intergovernmental Revenue - - - - - - - Other Charges for Service 600,000 44,346 46,914 (2,568) 196,648 218,275 (21,627) Municipal Court Fines 550,000 47,283 45,833 1,450 229,304 229,167 137 Interest Earnings 20,450 4,095 1,704 2,391 18,181 8,521 9,660 Contributions & Donations - - - - 1,382 - 1,382 Other Revenue 47,628 12,096 350 11,746 44,358 19,845 24,513 Other Financing Sources 38,000 - - - 364 364 - Total Revenues 26,293,278 1,687,745 1,752,469 (64,724)5,537,258 5,447,477 89,781 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 171,375 8,449 9,710 (1,261) 65,005 65,337 (332) City Clerk 193,574 9,909 12,517 (2,607) 62,051 73,806 (11,755) City Manager 705,273 69,777 52,553 17,224 309,134 271,801 37,333 General Administration 43,557 2,797 3,388 (591) 16,190 18,674 (2,484) Finance 427,877 49,195 52,895 (3,700) 182,562 179,915 2,648 Legal 230,000 - 19,167 (19,167) 62,868 67,083 (4,215) Information Technology 837,203 51,814 57,354 (5,540) 361,744 390,567 (28,823) Human Resources 341,602 17,958 20,227 (2,269) 101,748 105,427 (3,680) Risk Management 216,328 - - - 129,509 129,509 - General Government Buildings 396,421 32,165 33,035 (870) 161,008 165,175 (4,167) Public Information & Marketing 309,345 13,283 23,096 (9,813) 97,811 119,755 (21,945) Municipal Court 323,708 21,872 24,683 (2,811) 108,863 129,280 (20,417) Police 4,202,095 430,956 463,675 (32,719) 1,669,378 1,656,654 12,724 Fire 5,997,260 384,130 441,286 (57,156) 2,342,243 2,429,134 (86,891) Public Works 2,086,601 104,974 116,542 (11,568) 682,624 735,479 (52,855) Parks & Recreation 1,509,405 29,093 31,739 (2,646) 599,840 623,543 (23,703) Community Development 688,885 47,221 53,070 (5,849) 244,497 269,555 (25,058) Economic Development 78,588 3,080 3,634 (554) 40,509 43,393 (2,884) Debt Service - Capital Lease Payment - - - - - - - Operating Transfers to Other Funds 12,564,834 1,047,070 1,047,070 - 5,235,348 5,235,348 - Operating Reserve 187,401 - - - - - - Total expenditures 31,511,332 2,323,743 2,465,643 (141,899)12,472,931 12,709,435 (236,505) Net Income/(Loss)(5,218,054)(635,999)(6,935,673) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 2,000$ -$ -$ (2,000)$ Hometown Jubilee Vendor Fee 1,000 - - (1,000) Interest Revenues - 0 3 3 Crabapple Fest Sponsor 15,000 - 1,000 (14,000) Earth Day Sponsor 4,500 - - (4,500) Concert Sponsor - - - - Mayor's Run Sponsor 1,000 1,000 2,000 1,000 Donations/MGG - - 20 20 T-shirt Sales - - - - Mayor's Run Reg. Fees - 375 375 375 Roundup Food Sales - - - - Total revenues 23,500$ 1,375$ 3,398$ (20,102)$ EXPENDITURES Current: Special Events 79,140$ 700$ 31,623$ 47,517$ Total Expenditures 79,140$ 700$ 31,623$ 47,517$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 47,000$ 6,007$ 15,840$ (31,160)$ Total other financing sources and uses 47,000$ 6,007$ 15,840$ (31,160)$ Net change in fund balances (8,640)$ (12,385)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2016 3 of 10 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/Federal Funds - - 37,596 37,596 Interest Revenues/State Funds - 2 9 9 Interest Revenues/Federal Funds - 6 30 30 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 8$ 37,635$ 37,635$ EXPENDITURES Current: Police -$ -$ 2,894$ (2,894)$ Total Expenditures -$ -$ 2,894$ (2,894)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 34,741$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2016 4 of 10 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 890,000$ 890,000$ 146,701$ 255,704$ (634,296)$ Interest Revenue - - 5 41 41 Total revenues 890,000$ 890,000$ 146,706$ 255,745$ (634,255)$ EXPENDITURES Current: Public Safety 909,080$ 909,080$ 1,589$ 81,215$ 827,865$ Total Expenditures 909,080$ 909,080$ 1,589$ 81,215$ 827,865$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ -$ Operating Transfer Out to Capital Projects 300,000$ 43,626$ -$ -$ -$ Net change in fund balances (319,080)$ (62,706)$ 174,530$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2016 5 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 67,000$ 6,007$ 15,840$ (51,160)$ Total revenues 67,000$ 6,007$ 15,840$ (51,160)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 47,000 6,007 15,840 (31,160) Total other financing sources and uses 67,000$ 6,007$ 15,840$ (51,160)$ 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 February 29, 2016 6 of 10 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 90,000$ 90,000$ 19,793$ 19,793$ (70,207)$ Sidewalk Replacement Account - - - - - Crabapple Paving Fee - - - - - Traffic Calming - - - - - Tree Recompense - - - - - Landfill Host Fees 120,000 120,000 37,639 37,639 (82,361) HYA Fees - - - - Interest Revenue 500 500 119 214 (286) Realized Gain or Loss on Investments - - - - - Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Parks & Rec - - - 14,399 14,399 Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend - - - - - Capital Lease Proceeds - - - - - Total revenues 210,500 210,500 57,551$ 72,044$ (138,456)$ EXPENDITURES Capital Outlay City Council 710,069$ 710,069$ -$ 1,000$ 709,069$ General Admin 13,762 13,762 - - 13,762 General Govt Bldg - 9,935,171 986 229,208 9,705,963 Finance - - - - - IT - - - - - Court 100,000 55,000 - - 55,000 Police 1,079,618 1,079,618 - - 1,079,618 Fire 2,541,748 2,541,748 7,971 138,617 2,403,131 Public Works 8,614,121 8,678,121 149,954 982,135 7,695,986 Parks & Recreation 2,318,210 2,318,210 3,500 16,280 2,301,930 Community Development 247,207 327,207 - 125 327,082 Total Capital Outlay 15,624,735$ 25,658,906$ 162,411$ 1,367,365$ 24,291,541$ Excess of revenues over expenditures (15,414,235) (25,448,406) (104,860) (1,295,321) (24,429,996) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 8,327,979$ 18,763,150$ 693,998$ 3,469,991$ (15,293,159)$ Transfers in from E-911 Fund 300,000$ 43,626$ -$ -$ (43,626)$ Unallocated - - - - -$ Lease Proceeds - - - - -$ Proceeds of Sale of Assets - - - -$ Budgeted Fund Balance - - - - - Total other financing sources and uses 8,627,979 18,806,776 693,998 3,469,991 (15,336,785) Net change in fund balances (6,786,256) (6,641,630) 2,174,670 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2016 7 of 10 Original Budgeted Amounts Amended 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$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)146,732 146,732 1,468 98,200 (48,532) CDBG 24,700 24,700 15,769 32,619 7,919 LMIG Funds 200,000 200,000 - 280,076 80,076 GDOT HPP Funds 5,938,408 5,938,408 - - (5,938,408) MARTA Grant 74,650 74,650 - - (74,650) SR 9 @ Bethany Bend Grant 872 872 - - (872) GDOT-Signage/Landscaping 4,062 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - - Interest Revenues - - 14 38 38 Total revenues 6,889,424$ 6,889,424$ 17,250$ 410,932$ (6,478,492)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 6,212,525$ 5,712,525$ 27,853$ 491,728$ 5,220,797$ Community Development 4,900 4,900 - - 4,900 Total Capital Outlay 6,217,425$ 5,717,425$ 27,853$ 491,728$ 5,225,697$ Excess of revenues over expenditures 671,999 1,171,999 (10,603) (80,797) (1,252,796) OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,411,202$ 911,202$ 117,600$ 588,001$ (323,201)$ Transfers in to General Fund - - -$ -$ -$ Budgeted Fund Balance - - - - - Total other financing sources and uses 1,411,202$ 911,202$ 117,600$ 588,001$ (323,201)$ Net change in fund balances 2,083,201 2,083,201 507,204 City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2016 8 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund -$ 2,124$ 7,167$ 7,167$ Law Enforcement Fund - 1,518$ 5,122$ 5,122$ Fire Fund - 8,697$ 29,353$ 29,353$ Road Fund - 10,854$ 36,631$ 36,631$ Park Fund - 49,721$ 167,808$ 167,808$ Interest Revenues - 5 18$ 18$ Total revenues -$ 72,918$ 246,099$ 246,099$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures - 72,918 246,099 246,099 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 246,099 City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2016 9 of 10 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues 90.63 724.03 724.03 Contributions & Donations - - - - - Total revenues -$ -$ 91$ 724$ 724$ EXPENDITURES Capital Outlay General Government Buildings 9,935,171$ -$ -$ -$ -$ Parks & Recreation 822,974 822,974 - 699,941 123,033 Bond Principal 589,878 589,878 - - 589,878 Bond Interest 276,256 276,256 - 30,486 245,770 Total Capital Outlay 11,624,279$ 1,689,108$ -$ 730,427$ 958,681$ Excess of revenues over expenditures (11,624,279) (1,689,108) 91 (729,703) 959,405 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 2,825,653$ (7,109,518)$ 235,471$ 1,177,355$ 8,286,873$ Revenue Bond Proceeds 689,868 689,868 - 689,868 (0)$ Total other financing sources and uses 3,515,521$ (6,419,650)$ 235,471$ 1,867,223$ 8,286,873$ Net change in fund balances (8,108,758) (8,108,758) 1,137,520 City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2016 10 of 10 TO: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 14, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Mutual Termination Agreement between the City of Milton and the City of Johns Creek for Information Technology Services MEETING DATE: Monday, March 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: ((ES CITY ATTORNEY REVIEW REQUIRED: (41YES APPROVAL BY CITY ATTORNEY (,APPROVED PLACED ON AGENDA FOR: r✓ 5 J 2-)1 vl w REMARKS () NOT APPROVED () NO () NO (J NOT APPROVED 91* Your PHONE: 678.242.2500 1 FAX: 678.242.2499 epi *crniri«d* ruP"i'un info@cityofmiltonga.us I www.cityofmiltonga.us ��'� Community i�ti�h;� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Public Works Director Date: Submitted on March 14th, 2016 for the March 21st 2016 Regular Council Meeting Agenda Item: Approval of a Mutual Termination Agreement between the City of Milton and the City of Johns Creek for Information Technology Services ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton and the City of Johns Creek have operated under an Intergovernmental Agreement (IGA) to provide information technology services since November 1, 2010. By mutual agreement the cities are requesting to terminate the existing IGA; however, the current IGA does not provide for termination for convenience during the term of the contract. This agreement would allow for both parties to mutually agree to terminate the IGA prior to the November 1, 2016 end of the contract. Funding and Fiscal Impact: N/A Alternatives: There are no alternatives. Legal Review: Ken Jarrard – Jarrard & Davis (03-09-16) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Agreement MUTUAL TERMINATION OF THE INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF INFORMATION TECHNOLOGY SERVICES BY AND BETWEEN THE CITY OF JOHNS CREEK, GEORGIA, and THE CITY OF MILTON, GEORGIA By mutual agreement of the parties hereto, and notwithstanding any language to the contrary therein, the Intergovernmental Agreement for the Provision of Information Technology Services by and between the City of Johns Creek, Georgia, and the City of Milton, Georgia (collectively referred to as the “parties”), effective on November 1, 2010, as amended thereafter (the “IGA”), is hereby TERMINATED effective February 29, 2016, at 11:59 pm. This agreement to terminate the IGA may be executed in counterparts by each party. CONSENTED TO BY: CITY OF JOHNS CREEK, GEORGIA By:____________________________ Michael E. Bodker, Mayor Attest: By: ____________________________ City Clerk CITY OF MILTON, GEORGIA By:_____________________________ Joe Lockwood, Mayor Attest: By: ____________________________ City Clerk Approved as to Form: By: ____________________________ Richard Carothers, City Attorney Approved as to Form: By: ____________________________ Ken Jarrard, City Attorney TO: HOME OF ' ESTABLISHED 27 CITY COUNCIL AGENDA ITEM City Council DATE: March 10, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Agreement for Outside Providers between the City of Milton and Sperber Music. MEETING DATE: Monday, March 21, 2016 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: (.SES APPROVAL BY CITY ATTORNEY (,.)'APPROVED PLACED ON AGENDA FOR: 031 J-') IL4L4 REMARKS (J NOT APPROVED (JNO (J NO (J NOT APPROVED ® Youlin PHONE: 678.242.2500 FAX: 678.242.2499 `„Green10 *certified* roPioo info@cityofmiltonga.us I www.cityofmiltonga.us Community >t Erh, 5r 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �"'"''�a�{-' Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on March 1, 2016 for the March 21, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department 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. Executive Summary: This is a renewal of an existing and successful program here in the City. Sperber Music provides music education for boys and girls from ages 3 to 5. This is a unique art program within the City which has expanded to include a summer camp. Funding and Fiscal Impact: The class pricing will average $150 per camp for a 12 week session. Discounts are offered for early registration. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to discontinue the children’s music program and locate another program provider. Legal Review: Elizabeth Whitworth – Jarrard & Davis, November 10, 2015 (Contract Template) Page 2 of 2 Concurrent Review: Steven Krokoff, Interim City Manager Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Sperber Music CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2016, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and 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 CLASSES/CAMPS/AFTER SCHOOL PROGRAMS at the following locations: 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 (hereinafter referred to as the "Department") or his designee, will coordinate to schedule the program schedule, which schedule will be approved by Department Director, or his designee, at its sole discretion. PROVIDER agrees to submit a Program Request Form to the City's Recreation Program Manager (hereinafter "Manager') for each program being proposed eight (8) weeks prior to the beginning of each program session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON and ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or 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 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 but not limited to 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 improper/prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment to the PROVIDER. 1.10 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have first Priority for use of CITY facilities, notwithstanding any other Provisions of this Agreement. 1.11 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.12 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 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. 2 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"), which must be completed and executed by for all the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed 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. 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. 3 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, if applicable. 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 ProLyram Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." 4 ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 30% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 70% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. 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 and then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment by PROVIDER to City 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. 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 City shall not have any insurance obligations related to this Agreement, and 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. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided 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 must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, 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: C.1 $1,000,000 Combined Single Limit — each occurrence $2,000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: 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; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 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 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. 6.8 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 other than the Workers' Compensation policy. 7 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 at1he close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met or the CITY is otherwise unsatisfied with the program in its sole discretion. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2016, 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 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission or surcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any other rights and remedies provided under this Agreement or at law or in equity. n. ARTICLE 8.0 Indemnification 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. 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 an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER 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 PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 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 Il of the ADA and all applicable regulations, guidelines, and standards. 9 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. 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 by each party with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 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 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. 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. 10 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representative(s) 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. 10.9 All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and Sperber Music for the PROVIDER. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: P 1 M'. lloiq 1 GA 3 `� 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 11 10.11 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER 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 PROVIDER's subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period. The PROVIDER 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. Further, PROVIDER 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 PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER 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. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER 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 PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. 12 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. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 10.13 Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 10.16 Neither the CITY nor PROVIDER shall be liable for its 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 its respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil 13 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. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST: CITY: I:• SUDIE GORDON, CITY CLERK JOE LOCKWOOD, MAYOR PROVIDER: x Print: Kai er, 'd I Its: (circle one) President/Vice President (Corporation) General Partner (Partnership/ Limited Partnership) Member/ Manager (LLC) [CORPORATE SEAL] (required if corporation) ATTEST: rint: Its: him (Assistant) Corporate Secretary (required if corporation) 14 EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] 15 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: late June -July 2016 Time of Programs: 10:00 a.m. —1:00 p.m. Program Dates: late June -July (TBD) Program Fee: $115 (Before May 31, 2015) $150 (After May 31, 2015) Program Enrollment: Minimum- 5 children Maximum- 15 children Materials to be supplied by participants: Daily snack/lunch Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at an Elementary/Middle School, Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER ('s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Letter(s) of Recommendation Office Use Only: Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Sperber Music— Parents Night Out (PNO) Participant Ages: 5-10 years old (4 year olds may attend with sibling) Day/s of the week program is offered: 1' Friday of every month Time of Programs: 6:30-9:30 p.m. Program Dates: 1St Friday of every month Program Fee: $20/11 child, $25/family Program Enrollment: Minimum- 3 children Maximum- 15 children Materials to be supplied by participants: none Materials to be supplied by PROVIDER: Pizza dinner, bottle of water, craft materials, instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at Bethwell Community Center Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER ('s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements - 1,000,000 General Liability insurance Letter(s) of Recommendation Office Use Only: Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Sperber Music — Elementary Music & Movement Summer Camp Participant Ages: 5-10 years old Day/s of the week program is offered: late June -July 2016 Time of Programs: 10:00 a.m. —1:00 p.m. Program Dates: late June -July 2016 (TBD) Program Fee: $115 (Before May 31, 2015) $150 (After May 31, 2015) Program Enrollment: Minimum- 5 children Maximum- 15 children Materials to be supplied by participants: Daily snack/lunch Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at an Elementary/Middle School, Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER ('s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Letter(s) of Recommendation Office Use Only: Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "B" 16 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 wilt 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: late June -July 2016 Time of Programs: 10:00 a.m. — 1:00 p.m. Program Dates: late June -July (TBD) Program Fee: $115 (Before May 31, 2015) $150 (After May 31, 2015) Program Enrollment: Minimum- 5 children Maximum- 15 children Materials to be supplied by participants: Daily snack/lunch Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at an Elementary/Middle School, Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER ('s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Letter(s) of Recommendation Office Use Only: Program Rate:$ # of programs in Session: Fee/Program: EXIHBIT "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 — Parents Night Out (PNO) Participant Ages: 5-10 years old (4 year olds may attend with sibling) Day/s of the week program is offered: 1St Friday of every month Time of Programs: 6:30-9:30 p.m. Program Dates: 1St Friday of every month Program Fee: $20/1St child, $25/family Program Enrollment: Minimum- 3 children Maximum- 15 children Materials to be supplied by participants: none Materials to be supplied by PROVIDER: Pizza dinner, bottle of water, craft materials, instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at Bethwell Community Center Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER ('s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Letter(s) of Recommendation Office Use Only: Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Sperber Music — Elementary Music & Movement Summer Camp Participant Ages: 5-10 years old Day/s of the week program is offered: late June -July 2016 Time of Programs: 10:00 a.m. — 1:00 p.m. Program Dates: late June -July 2016 (TBD) Program Fee: $115 (Before May 31, 2015) $150 (After May 31, 2015) Program Enrollment: Minimum- 5 children Maximum- 15 children Materials to be supplied by participants: Daily snack/lunch Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at an Elementary/Middle School, Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER (`s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Letter(s) of Recommendation Office Use Only: Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "B" 16 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, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor SPERBER MUSIC Name of Project City of Milton Name of Public Employer N�PP�,c 17 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201 . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "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, firm or corporation which is engaged in the physical performance of services under a contract with 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 SPERBER MUSIC 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: k °bt,r}' '�: ..••,w I,A'; <{ d ._� ''fie P i;4 1 ! C�Jll e 1 x k OCCUPATIONAL TAX CERTIFICATE This Certificate is Granted to: Date Issued: 2/08/2016 Expires: 12/31/2016 SPERBER MUSIC Account #: 3794 12772 DONEGAL LN Business Class: HOME BASED BUSINESS MILTON GA 30004 Business Type: OTHER SCHOOLS AND INSTRUCTION Milton Location: 12772 DONEGAL LN THIS CERTIFICATE DOES NOT AUTHORIZE A BUSINESS TO CONFLICT WITH THE CITY ZONING ORDINANCES. THIS CERTIFICATE SHALL NOT MAKE LAWFUL ANY ACT OR THING DECLARED TO BE UNLAWFUL BY THE STATE OF GEORGI.A. = Christopher J. Lagerbloom, City Manager THIS CERTIFICATE MUST BE DISPLAYED IN A CONSPICUOUS PLACE, IS NON -TRANSFERABLE, NON-REFUNDABLE, GOOD AND USABLE ONLY BY PERSON TO WHOM ISSUED �.Irinw'i.11 ��� •�P w. �•i�l��. i rF`�,. .� I,� .{� r�>. .l�I. I � ,.� �� . � Il ,;11` I �" ,I 7 ° I i.,. 15 �fT, i �f� DETACH OR FOLD ABOVE PRIOR TO POSTING THIS CERTIFICATE NON -TRANSFERABLE NON-REFUNDABLE Total Charges 175.00 Penalties 0.00 Interest 0.00 Total Payments 175.00 Outstanding Balance Owed, if Any 0.00 KAREN CORNELL SPERBER MUSIC 12772 DONEGAL LN MILTON GA 30004 A`coR01- CERTIFICATE OF LIABILITY INSURANCE °03/O�o s"' 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 WANED, 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 Scott Ralston Insurance Agency INC Statefarm 415 Marietta highway �. Roswell, GA 30075-4705 Scott Ralston PHONE 7 a No : 7 640-10-52 E-MAIL ADORE : ScottScottRalstal.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: State Farm Fire and CasualtyCompany 26143 INSUREDCORNELL, KAREN D DBA SPERBER MUSIC - 12772 DONEGAL LN MILTON GA 30004-8106 INSURER 8: INSURER C: INSURERD: INSURER E; INSURER F: a.vvctcxur-, CEKTIFIGATE NUMBER-- 0MnQlnu tat ttuaco. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE AO OL SUBR, POLICY NUMBERO ICY EFF ICY EXP UMRS A GENERAL LIABILITY XCOMMERCIAL GENERAL UA9ILTI r X CLAIMS-MAIX F—x] OCCUR Y 91439-J391-9 F 0612112012 06121/2016 EACH OCCURRENCE $ 1,000,000 ME TU RENTED PREMISES Ee occurrence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS-COMPIOPAGG $ 2,000,000 S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOSNON-OWNED AUTOS Ea acddent I LIMITUMIT S BODILY INJURY (Per person) S BODILY INJURY (Per acddent) $ Peracddevrl AI m GE S . $ UMBRELLA UABOCCUR EXCESS LUB CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ DED I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' UASKJTY ANY PROPRtETORlPARTNERtEXECUTIVE YIN OFFtCEMEMBER EXCLUDED? (Mandatary In NH) ff yes, describe under N 1 A WCSTATU- 0 ER EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L.IXSFASE-POLICYL{MIT S LIH DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, I more space Is regrdred) ADDL INSURED ADDLINSURED CITY OF MILTON FULTON COUNTY SCHOOLS 13000 DEERFIELD PKWY STE 107A 788 CLEVELAND AVE SW MILTON GA 30004-6026 ATLANTA GA 30315-7299 City of Milton 130000 Deerfield PKWY, Suite 107 Mifton, 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 � E�TIYE /J ©1988.2010 ACORD CORPORATION. All riuhts ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001488 132849,8 01-23-2013 02 TO: FROM: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 10, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between the City of Milton and Hopewell Youth Association. MEETING DATE: Monday, March 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-41YES CITY ATTORNEY REVIEW REQUIRED: (4 -"'YES APPROVAL BY CITY ATTORNEY (�J (APPROVED PLACED ON AGENDA FOR: C;)l LSI 106 REMARKS (J NOT APPROVED (J NO (J NO (J NOT APPROVED 9110 Your ,r C PHONE: 678.242.25001 FAX: 678.242.2499 Gr' -e'' -en "�` *cr«isr�i* 'op1U0 info@cityofmiltonga.us I www.cityofmiltonga.us ,, ILDLIH Community � E�h;�s a 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 March 7, 2016 for the March 21, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between The City of Milton and Hopewell Youth Association. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Hopewell Youth Association. Executive Summary: Hopewell Youth Association provides the City with the youth baseball program. This program will offer baseball leagues and camps at Bell Memorial Park. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another baseball program provider. Legal Review: Paul Higbee – Jarrard & Davis, April 9, 2015 (Contract Template) Concurrent Review: Steven Krokoff, Interim City Manager Page 2 of 2 Attachment(s): 1) Parks and Recreation Department Facility Use Agreement between The City of Milton and Hopewell Youth Association. HOME OF ' r` p ESTA LIslIED 200, YOUTH ATHLETIC ASSOCIATION ORGANIZATIONAL REQUIREMENTS MANUAL AND FACILITY USE AGREEMENT TABLE OF CONTENTS PAGE: Department Mission and Philosophy 3 Legal and Organizational Requirements 4-11 Requirements of Associations 12-19 City and Park Ordinances 20-21 Park/Facility Regulations 22 Recreation and Parks Personnel/Contact Information 23 City of Milton Accident/Incident Report Form 24 Facility Use Agreement 25-29 DEPARTMENT MISSION AND PHILOSOPHY The City of Milton Parks and Recreation Department is committed to providing quality programs and the promotion of healthy activities for all residents. We welcome non-residents who wish to participate in our programming. Our primary focus is on recreation level activities with limited opportunities for advanced levels of play, provided that it does not come at the expense of a recreation level activity. In all programs, the recreation level activities will be the first priority for field usage. Associations and the leaders of these Associations are expected to understand and promote the mission and philosophy of the City of Milton to serve the citizens of Milton. Association members are ambassadors for the City as well as their affiliate Association. While serving as a volunteer for the Association, members are expected to conduct themselves in an ethical and professional manner. LEGAL AND ORGANIZATIONAL REQUIREMENTS In order to qualify as a Youth Athletic Association ("Association") and to operate on City of Milton ("City") property, each Association must adhere to certain minimum legal and organizational requirements. These requirements are a part of the Facility Use Agreement which must be signed by each Association prior to the operation of any activity on City property. These requirements are necessary in order to insure the safety and well-being of all participating Associations. The signing of the Facility Use Agreement indicates the Association's assumption of the financial responsibility for the program, as well as the management of the program participants and volunteers. The City will not be held responsible for the finances or the program management. Violation of the above mentioned responsibilities constitutes cause for the revocation of the agreement. The requirements are as follows: 1- CORPORATE REGISTRATION Each Association must be a federally registered 501(c)3 non-profit organization and licensed to operate in the State of Georgia. Proof of the current registration status must be on file with Milton Parks and Recreation Department ("Department"). 2- BYLAWS Associations shall furnish a current copy of their by-laws to the Department. By-laws must be on file or submitted with the signed Facility Use Agreement. 3- MEMORANDUM OF UNDERSTANDING WITH CITY OF ALPHARETTA On November 5, 2012, the City Councils of Milton and Alpharetta entered into a Memorandum of Understanding ("MOU") for recreation and parks programs. The purpose of the MOU is to take an initial step to foster a long-term mutually beneficial relationship between Milton and Alpharetta as it relates to parks and recreation programs and services as a way to better serve the cities' respective citizens, offer a wider variety of recreational services, and grow the relationship between the Cities such that similar opportunities can be developed over time. In exchange for an annual payment from the City of Milton to the City of Alpharetta, Alpharetta residents shall be allowed to register for all Milton recreation programs and affiliated Association programs, and rent facilities and shall pay the same fees as Milton residents, provided space is available. Alpharetta shall waive non-resident fees for Milton residents who participate in Alpharetta recreation programs. City residents who participate in Milton/Alpharetta recreation programs shall be considered residents of that City for the purpose of travel/select teams with resident composition requirements and adults will meet affiliated youth athletic association board member resident composition requirements. The privileges of advanced registration and the same fee structure for recreation and parks programs for City of Milton and City of Alpharetta residents shall be in effect for the duration of the Memorandum of Understanding between the Cities. For these guidelines, the word "Resident" shall include residents of the cities of Milton and Alpharetta, unless noted otherwise. 4- ELECTION OF OFFICERS The Board of Directors ("Board") shall be the governing body of each Association for the operation of the affairs of the Association as documented in the bylaws. Each Association board must be comprised of a majority of Residents upon election or appointment, and each Association should strive to achieve a minimum of sixty percent (60%) Residents on the Board. The Board of Directors must be elected annually or as mandated by the Association's by-laws, but no less than once every two years, by the Association membership. A Department employee and a member of Milton Parks and Recreation Advisory Board ("PRAB") must be notified of and invited to attend all Board meetings. The Department Director will appoint the employee liaison to the Board. The Chairman of the PRAB will appoint the PRAB liaison(s) to the Board on an annual basis. Open advertised election of the Board is mandatory. All members of the Association as defined by the bylaws shall have the opportunity to vote. A notice of upcoming elections must be sent to the Department, and shall be posted on the Association website at least thirty (30) days prior to the elections. Associations are encouraged to email notice of elections to all participant families and to post flyers at the park. Elections should be held in an easily accessible central location when there are normal Association activities scheduled at the park to provide the best opportunity for members to vote. Associations are also encouraged to provide a process for members to vote electronically. To serve as a member of the Association executive committee, a candidate must have a child actively participating in the Association program at the time of the elections. The Association must furnish a list of all elected board members, addresses, email addresses, telephone numbers (home and office) to the Department no later than one month after the elections. City will verify residency and notify PRAB liaison of City resident percentage of newly elected board. 5- ASSOCIATION MEETINGS AND ANNUAL MEETING Upon request, Association must provide copies of meeting minutes from Association membership and board meetings to Association members and City. It is recommended that meeting minutes be posted on the Association website. Each Association must schedule a minimum of one (1) annual membership meeting. This meeting shall be for the purpose of electing board members, and any other necessary business. Efforts must be made to contact all members, and the Department must be notified of the meeting. Notice of said meeting must be posted at Department facilities and on the Association website two weeks prior to meeting date. 6- CAPACITY PLAN A projection of the field/gym space requirements must be submitted to the Department at least ninety (90) days prior to the start of registration for a season. Extra facility space is not available through the City. The Association may seek to utilize facility space at other non -City locations. The Association is financially responsible for field usage fees at non - City locations if applicable. Field time not used by the Association reverts to the City for use as needed. 7- FINANCIAL REPORTS The Official Code of Georgia Annotated requires all corporate minutes and books of account be held open for inspection by any member of the Association at any reasonable time. The City assumes no responsibility for the financial well-being or outstanding debts of Associations. Each Association must provide the City with an annual Financial Statement to include a summary of operating income and expenses, capital expenditures, registration fees charged to participants, Federal and State tax returns, and profit and loss statement. 8- LIABILITY INSURANCE COVERAGE 8.1 Association shall not provide any service until all insurance required under this paragraph has been obtained and approved by the City. 8.2 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. 8.3 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 frill force and effect. 8.4 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 Association shall have its insurer name the City of Milton as an additional insured on its General Liability policy. 8.5 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 Association 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 Association. The Association 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 Association or its subcontractor claims to be exempt from this requirement, Association shall provide City proof of such exemption along with a written request for City to exempt Association, written on Association or subcontractor's letterhead. 8.6 Association shall also maintain Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 9- PARTICIPATION REPORTS All Associations are required to submit a list of registered players to the Department no later than thirty (30) calendar days after the end of the established program registration period. The list shall be provided in an electronic format (i.e. Microsoft Excel) and shall include each player's name, street address, city, zip code and email address. The Department will use the list to verify the resident status of registered players and shall not use the list to promote Department programs, without prior consent of the Association. After the City has verified residency of participants, the City will issue an invoice to the Association for non-resident fees payable to the City. NOTE: It is imperative that participation information be sent to the Department as soon as possible in order for Department to verify addresses. Association may send participant information at any time during their registration period for Department to check residency status of participants. 10- REGISTRATION Associations are encouraged to provide registration dates to the Department in time for inclusion in the City website and promotional activity. The City provides a link to Association websites at www.cityofmiltonga.us Associations must notify City of any web address changes. 11- RETURNING PLAYER/CITY RESIDENT REGISTRATION Per the terms of the MOU between the cities of Milton and Alpharetta, the City has implemented a three -tiered registration process. Associations must adhere to this registration process as outlined in this document as long as the MOU is in effect. "Priority Registration" is the first registration period. "Priority Registration" is defined as registration for all City of Milton residents as well as City of Alpharetta residents who are eligible as "returning" participants to re -enroll into the program they participated in during the most recent season of activities provided space is available. The second registration period, "City of Alpharetta Registration," begins two weeks after Priority Registration begins. During "City of Alpharetta Registration," all City of Milton and City of Alpharetta residents are eligible to register for programs provided space is available. The third registration period, "Open Registration," begins four weeks after Priority Registration begins. During "Open Registration," anyone is eligible to register for programs provided space is available. 12- CITY RESIDENCY REQUIREMENT FOR TRAVEL/SELECT/ELITE TEAMS The mission of the Department is to provide quality programs and the promotion of healthy activities for all residents. Limited advanced level programs are permitted to provide higher level athletic competition for young people. Residency requirement guidelines ensure that travel/select/elite/feeder teams are formed in the best interest of the City resident participants. These guidelines also ensure that City residents are fairly represented on these teams, City assets and resources are utilized in the best interest of City resident participants, and to foster long-term success of the Association's competitive youth athletic program. GUIDELINES: A. Open, advertised tryouts must be held prior to team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. Per the terms of the MOU, effective December 1, 2012, City of Alpharetta residents who participate in Milton recreation programs shall be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed, but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. Associations are limited to one advanced level (feeder, select, elite or travel) team per age group. Associations may also form up to two all-star teams per age group provided 100% of the members on the all-star team participated in the recreation level of the sport in the season that immediately preceded the creation of the All-Star team. 13- FACILITY USE - RESTRICTIONS Each Association is organized to provide league play for youth, including player evaluations, pre -season player and coach clinics, league practices, scrimmages, games, and post -season tournaments. All field use shall be coordinated with the Department ninety (90) days prior the start of the season. Hosting of camps and tournaments involving participants from outside the association's own program along with participants in the Association's own program is allowed, but requires coordination with and written consent of the Department. Associations must seek approval from the City to host outside camps and tournaments at the parks at least ninety (90) days prior the proposed event. Field rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The Association is specifically not permitted to sublet facilities to any individual or organization. The Association's Facility Use Agreement is for the Association's own use. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual facility use agreement. The City will provide two storage buildings for use by the Associations. The city will designate which Associations get assigned to each building. Sharing storage space with another Association is expected. These storage buildings are not the property of the Associations. Each Association is expected to work together in their shared space, keep the facility neat and clean, and keep the facility secured. Failure to do so may result in expulsion from the storage facility. 14- CAPITAL IMPROVEMENTS Capital improvements may be suggested by the Association for budgetary consideration. Financial partnerships (50/50) between the Associations and the Department for mutually agreed upon projects are encouraged. 15- CHANGES TO PROGRAM CONTENT, STRUCTURE, PHILOSOPHY, ETC. Each Association shall communicate to the PRAB liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the Association which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: • Addition/elimination of any age or skill level • Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) • Association by-laws • Board structure and composition • Schedule of fees for participants • Anything that would be in direct conflict with existing City/Department policies Association shall notify liaisons as soon as the idea for a substantial change is included on an Association meeting agenda. Upon notification by the Association, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the Association to implement the substantial change, the Association may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the Association, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the Association to implement the substantial change. The approval levels are noted as follows: a. Association Board and members only b. Department Director or his/her designee c. Milton Recreation PRAB d. Milton Mayor and City Council a 16- SPONSORSHIPS/ADVERTISING Associations are allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for Associations to assist the City in funding capital projects benefitting the parks and facilities they use. Associations are not permitted to obtain sponsorships, including direct financial aid and/or in-kind donations, from any religious organization, individuals, and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco -related products/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented will be handled as an addendum to this agreement when those details are worked out. REQUIREMENTS OF ASSOCIATIONS 1- FACILITY USE AGREEMENT Any Association operating on City property must sign the City's Facility Use Agreement, attached hereto, prior to the start of the calendar year. The agreement is issued on an annual basis, and specifically identifies the facilities to be used by the Association and the terms of that use. Adherence to all policies and procedures in this manual is considered part of the Facility Use Agreement. The City retains the right to change these guidelines and policies at any time, without advance notice, as it deems appropriate. Any changes will be communicated to the Association within five (5) business days after the change has been made and approved. With respect to renewal of this agreement, any Association currently holding a Facility Use Agreement will receive priority, unless the City has reason to revoke the agreement. Facilities not in use will be distributed on a first come first served basis. 2- COACH CERTIFICATION AND TRAINING Association must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, National Cheerleading Association. The Association may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Department. In addition, it is the responsibility of the Association to ensure that all of their coaches, volunteer and professional, head coaches and assistants complete all legally mandated training programs before being permitted to coach a team. Association must provide documentation of such training to the City as required by the current City Policy. • Concussion Awareness Training • Mandatory Child Abuse Reporting Requirement • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 3- SELECTION OF COACHES Associations are responsible to select qualified coaches for their program. Each Association shall establish their own criteria to determine qualifications of coaches, such as coaching experience, past playing experience, etc. 4- FEES AND CHARGES Note: Each Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 12 Registration Fees All registration fees shall be fair and equitable to all participants. Associations shall communicate to participants what the registration fee covers, including the anticipated number of practices and games per season. Registration fees shall be derived from predicted costs to operate the program, to fund Association operations, to fund City commissions and to fund park capital improvements (current and future) that mutually benefit the City and Association. Registration fees shall include the total cost of operating the association's program to include but not limited to; cost of uniforms, player awards, umpires/officials, equipment for the league/teams, first aid supplies, marketing, web administration, general maintenance of facilities, etc. Non -Resident Fees All program participants who reside outside the city limits of Milton and Alpharetta will be assessed a non-resident fee. Association shall pay the City non-resident fees for each Association non-resident participant in their program. This fee shall be paid for each athletic season held each year (fall, winter, spring, and/or summer), and must be paid to the City no later than thirty (30) days after the invoice is sent. Association non-resident fees shall be calculated at 50% more than the resident registration fee. The Association will be responsible for the determination of city residence during the registration period. Within two weeks after receiving the Association's participation list with addresses, the Department will verify player residency and submit an invoice to the Association. The programs commission and non-resident fee will be paid directly to the City of Milton based on the Department's verification of player residency. The Association is responsible for remitting non-resident fees for all non -City participants, regardless of whether or not it was collected by the Association. City of Milton employees and their immediate family members, regardless of where they reside, are considered Residents and may register during the Resident registration period. Non-resident fees are waived for these participants. Associations should contact the Department to verify employee status. Scholarships The Association should make available a reasonable number of scholarships for participants requiring assistance. The Association shall determine the eligibility criteria for scholarship recipients and shall determine whether or not to charge non-resident fees to scholarship recipients. Regardless, the Association is responsible to pay the City non- resident fees for non-resident scholarship recipients to the City. Admission Fees Associations are not allowed to require an admission fee to any normal association play. Admission fees may be collected for tournament play or other special events, upon approval of the Department. The Association must submit a letter of request in order to have an admission fee request approved. 13 5- PROGRAM/FACILITY SCHEDULES Associations are required to submit all master schedules to the Department prior to the beginning of use of any City facility. This includes tryout dates, practice schedules, opening ceremonies, game schedules, special events such as player clinics, all forms of advanced level teams' schedules, etc. These schedules should be submitted ninety (90) days prior to the beginning of any program. Facility use outside the scope of the Facility Use Agreement must be requested through the Department and is not guaranteed. 6 SAFETY/ACCIDENT PREVENTION Associations are responsible for operating their programs in a safe and effective manner. All fields, equipment and other facilities should be inspected before each use. Associations should have an adequate number of adults present at each scheduled activity to supervise the participants from the outset to the close of the program. League officials are responsible for insuring that all programs are operated under safe weather conditions. Safety plans should be implemented in case hazardous situations should occur. 7 DISCRIMINATION Associations must provide equal opportunity without regard to race, color, religion, sex, national origin, age, veteran's status, and disability. Associations must comply with the Americans With Disabilities Act (ADA) of 1990 and provide reasonable accommodations to members of the public, if so requested, unless participation would create a risk to any participant. 8 MAINTENANCE/FACILITY UPKEEP The Department will be responsible for all field and facility preparation for all practices and games. This includes game day facility preparation, grass mowing, and lining of baseball and softball fields. Parks Services staff will prepare the grass baseball fields once per week day, three times on a Saturday and once on a Sunday. The multi -use synthetic turf fields will be prepared once per day. Preparation of any field will only be performed on days that there are previously scheduled activities, in accordance with the submitted and approved schedule. Associations are responsible to report any and all facility maintenance issues to the Department as soon as they are noticed. Associations are required to provide safe sports equipment for participants. Associations are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes playing areas, walkways, restrooms, concession stands, dugouts, etc. Associations should take proper steps to ensure that scheduled activities do not infringe on park neighbors or other park users. This includes reducing excessive noise, excessive traffic, parking problems, etc. 14 9 WEATHER POLICIES The Department will determine if fields are playable. Associations will be notified as early as possible if the fields are not playable. Associations are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Association is responsible for determining field playability. Associations are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. For the safety of all, the City of Milton uses a lightning detection system to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to clear all fields, the dugouts and the playground and get to safety. When the system detects that the conditions have improved to a safe level, the strobe light will be turned off and there will be three short blasts from the siren. At this point, play may be resumed. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. Associations that do not have their own established Hydration and Heat Guidelines must adhere to the Hydration and Heat Related Guidelines observed by the Department. In summary, outdoor activities must be canceled if the WBGT (Wet Bulb Globe Temperature) is over 92 degrees. Associations that do not have their own established Cold Weather Policy must adhere to the Cold Weather Policy observed by the Department. The policy is as follows: If the official Milton, GA temperature according to www.weather.com is forecasted to be 38 degrees or lower at the time of the scheduled practice or game, it is recommended that the scheduled event be cancelled. If the temperature reaches 32 degrees, it is mandatory the event be cancelled. Milton Parks and Recreation Department cancels and/or postpones all youth programs and activities whenever Fulton County Schools are closed for inclement weather. Associations shall follow this procedure. 10 RESTROOMS Associations are encouraged to inspect the restrooms and report any deficiencies to the City. The City is responsible for the supply of paper products and general maintenance that may occur. 11 SECURING OF FACILITIES An Association Board member should be responsible for securing facilities after each use, including all practices and games. This includes closing and locking of all buildings, the turning off of all scoreboards, returning all scoreboard controllers to the storage room and ensuring all necessary gates are closed and secured. Association board members and coaches are asked to turn off the scoreboards immediately following the last practice or game of the night. 15 12 INCIDENTS INVOLVING VANDALISM AND ACCIDENT OR INJURY Vandalism must be reported to the Police Department immediately by calling 911. The Association must report damage to City of Milton facilities or buildings to the Department immediately. If damage is a result of the Association's negligence or failure to comply with accepted operational or security measures, the Association may be held responsible for reimbursing the City for all or part of the repair cost. 13 SCOREBOARDS AND CONTROLLERS Scoreboard control boxes may be used under the following guidelines: a. The Association President must acknowledge use and responsibility of all scoreboard controllers prior to the start of the season; b. Scoreboard controllers that are damaged, lost or destroyed must be immediately reported to the Department; C. A minimum of thirty (30) days should be expected for all repairs; d. The Association shall be responsible for the cost of repairs or replacement of any lost or damaged score board controllers due to negligence; e. Scoreboard controllers must be stored at the park in the storage room; f. Scoreboard controllers are mated to specific scoreboards and must remain with their respective mate; and g. The Association must turn scoreboards off each evening at the conclusion of activities and assure that scoreboards are off on fields not in use. 14 DAMAGE TO TURF GRASS If damage to the turf grass occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions) by the Association, the City will require the Association to purchase replacement sod and incur any other cost necessary to repair the damaged area and to make the playing fields safe. The Department will determine sod renovation needs. 15 METAL CLEATS The use of any form of metal cleats is strictly prohibited on the synthetic turf fields. The Association will be held accountable for the cost of repairs of any damaged artificial turf. 17 KEYS Keys will not be distributed to the Associations. The City will provide code based locks for those elements of the park that the Associations need access to. Periodically, the Department will change the combinations to buildings, gates, and electrical boxes. The Department will notify affected Association of any changes, and will supply new combinations as needed. 18 PUBLICITY Associations should regularly provide the Department with information on activities which the Association wishes for the City to promote. The Department will review information and notify Association within five (5) business days if any changes need to 16 be made in order to comply with established guidelines. The use of social media which the City can share on social media is strongly encouraged. The Department must approve arty 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. The Department will provide links to Association websites on the City's website. The City will help with the marketing of registration information. City may send news releases to local media outlets; include information in the e -newsletter and Facebook page, etc. The City will not pay for Association advertising, flyers, mailings, etc. The links and all promotional media provided to the City, by the Association, must be to promote only those programs for which the City is a partner. If an Association is running any activities that are not formally sanctioned by the City, those activities cannot be on the website that the City's promotional activity will point to. 19 PUBLIC USE OF FIELDS The Facility Use Agreement applies only to organized league play for the duration of the agreement as specified on the agreement. Unless otherwise scheduled, the facilities are available to the public on a first come first serve basis, or may be rented by the Department to outside groups in accordance with the established City policies. The City will not rent facilities to teams and programs that compete with the City's partner Associations. 20 ACCIDENT/INCIDENT REPORTS (attached) The Association is responsible for filing an accident/incident report to the City which documents the details of any accident, injury, or incident which occurs on City property. The report should detail what occurred, the time of the accident/incident, where it occurred, who was involved, and who witnessed the accident/incident and filed the report. A copy of the accident/incident report is included in this manual. The report shall be submitted to the Department within twenty-four (24) hours of the accident/incident. Any and all accidents/incidents must be reported. 21 PARTICIPANT EVALUATIONS All participants in Association programs must be given an opportunity to complete a participant evaluation at the conclusion of each athletic season in which he/she participated. The evaluation should include questions pertaining to the administration and organization of the program (i.e. ease of registration, quality of the coaches, program structure, program content, etc.), and the condition and appearance of the Department facilities. The Association should ask participants for comments and suggestions to improve the program. A summary of participant evaluations should be prepared and distributed to the Department within two months at the end of each season. Upon 17 request, the Association must make completed participant evaluations available to the Department. City reserves the right to conduct independent participant surveys. 22 BACKGROUND CHECK - VOLUNTEERS All Association board members and any individual who wants to coach a youth team shall go through a criminal history background check once per calendar year. All background checks must be performed in accordance with the established City policy. 23 BACKGROUND CHECK — OFFICIALS AND UMPIRES Each Association who has a contractual agreement with an outside vendor to provide officiating services for the Association shall require, as part of the written agreement, that all officials/umpires 18 years of age and older who will be scheduled to officiate at Association activities complete a criminal history background check prior to officiating any games for the Association. The background check should be performed once per calendar year. The Association shall require appropriate documentation of completion of background checks. Documentation must be maintained on file by the Association. 24 CHILD ABUSE REPORTING LAW Volunteers who work with children are required by law to report suspected child abuse. The mandatory reporting requirement is a provision in HB 1176, the criminal justice reform bill signed by Governor Nathan Deal on May 2, 2012. Specifically, HB 1176 changed the definition of "child service organization personnel" to include volunteers. The new law defines "child service organization personnel" as follows: "Child service organization personnel" means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children." In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 25 CONCUSSION AWARENESS POLICIES AND PROCEDURES O.C.G.A. § 20-2-324.1 requires agencies to educate youth athletes and their parents on the dangers of concussions in youth athletic activities. The Georgia Department of Public Health is referring everyone to the "Heads Up — Concussion in Youth Sports" program offered by the CDC. The following is a link to the program: http:.,; v�'�v'« cdc.'o�,.'concussion HcadsUl)ionlinc training.lhtn 1. It is the policy of the Department to educate coaches, referees, employees, instructors of at -risk activities, trainers, parents, and participants of the signs, symptoms and behaviors consistent with sports- and activity -induced concussions. Further, the Department requires that any participant, under the age of 18, suspected of a concussion or head Is injury must be removed from the activity and it is recommended that the participant be examined by a licensed health care provider. If a participant is deemed by a licensed health care provider to have sustained a concussion, Department personnel or other designated personnel (coaches, referees, instructors of at -risk activities, trainers, and parents) shall not permit the participant to return to play until he or she receives documented clearance from a licensed health care provider for a full or graduated return to play. In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 19 CITY AND PARK ORDINANCES Associations are responsible for adherence to all City and park ordinances. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1(a)(1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike, or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. 20 (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. 0) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (1) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § l (ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014) 21 PARK/FACILITY REGULATIONS 1. Associations conducting youth activities on City facilities must have an appropriate amount of adults supervising the activities conducted by the Association from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of an organization must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of this agreement. All Associations are encouraged to enact and enforce a policy of ZERO tolerance for abusive behavior while at an Association event. The park belongs to all of the residents of Milton. The Associations are asked to enact and encourage a policy of "Leave It Cleaner Than When You Arrived" with regard to all elements of the park. The Association is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 4. Association representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 10. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department — 678-242-2489 or iim.cre�-,,e(c�citvoliniltonga.LIS 22 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 'i� m.crev2e!(ax tyofmiltonva.us Program Manager Tom McKlveen 678-242-2519 tom. nick] veen%�t.citvofmiltonLa.us 23 City of Milton Accident / Incident Report Form Date of accident/incident Facility where accident/incident occurred Specific location of accident/incident within the facility Number of persons involved Police notified Time of accident/incident _Y _N EMS notified _Y _N Information on persons involved in the accident/incident: NAME (please print) PHONE Under the age of 18 Day: Evening: Evening: Day: Day: Evening: Evening: Day: Day: Evening: Evening: Day: Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening: Day: Evening: Day: Evening: Day: Evening: ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment *Photos of accident/incident site taken Person completing form (Print name) Person completing form Day phone _Y —N Y N Signature Date Evening phone ** Take photographs of the accident/incident site as soon as practical but within 24 hours of the accident/incident Fax or email completed form to Department Director at 678-242-2499 or im.cregge�cityofmiltonga.us 24 FACILITY USE AGREEMENT This agreement, made this G 5-f day of 0i1C , 20 , by the City of Milton ("City") and HOPEWELL YOUTH ASSOCIATION a Georgia non-profit corporation called the "Association." Witnesseth : In consideration of the mutual agreements contained in this document, the City and Association agree as follows: The Association agrees to provide a youth sports program (organized league play), to wit YOUTH BASEBALL LEAGUES/CAMPS as a service for the City in accordance with all policies and procedures for youth sports associations operating on City property including the Youth Athletic Association Facility Organizational Requirements Manual to which this Agreement is attached. 2. The term of this agreement will begin JANUARY 1. 2016 and continue through DECEMBER 31.2016. A new agreement must be signed for each calendar year. 3. The City agrees to authorize the Association to use fields and facilities as listed below at HOPEWELL MIDDLE SCHOOL AND BELL MEMORIAL PARK. The agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, etc.) for approved league play unless otherwise specified. WEEKDAYS: FROM '_5 AM/ MOO -/ M SATURDAYS: FROM (QPM TO AM�M) SUNDAYS: FROM 1 AM/II'O / AM/ 9M DATES: FE6?_U(� - ��cC�lyl6�(L, 3) 4. In consideration for the usage of the facilities, the Association agrees to a direct payment to the City of 30% commission on all registration fees and 100% of all applicable non- resident fees. 5. In addition, the Association voluntarily agrees to pay the following fees affiliated with their program: 6. The Association agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 7. Association shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Association without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 25 8. Failure of the City to insist upon strict performance of any term or condition of this agreement shall not be a waiver of any right or remedy the City may have, and shall not be a waiver of any subsequent breach of terms or conditions. 9. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 10. It is agreed and understood that the Association shall indemnify and hold harmless the City, its 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 or any third party arising out of, or by reason of, or resulting from the willful or negligent acts, errors, or omissions of the Association or its agents, officers, volunteers or employees. 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 Association's responsibility to indemnify. The Association shall maintain at all times during the term of this agreement insurance coverages as set forth in the Youth Athletic Association Organizational Requirements Manual. 11. This agreement may be modified only by a written agreement between the City and the Association. 12. It is the understanding of the City and the Association that nothing contained in this agreement shall be interpreted to assign to the Association any status under this agreement other than that of an independent Association. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Association 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 Association 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 Association and the City and the City will not be liable for any obligation incurred by Association, including but not limited to unpaid minimum wages or overtime premiums. 13. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 26 14. 15 For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ASSOCIATION NAME: f-IC)Pc-,L1(=.c(_ TC)V-rq J, ADDRESS: 70t WCl I) is(v'j: CITY/STATE/ZIP: I C)5GJ4L[r GA 3006 PHONE: 67�/ - 66 %- 'Z7 ,Z- WEBSITE: kA,,{. EMAIL: (A t 10 LZ1' f 7" cL P C C-1 M CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 678-242-2489 www.cityofmiltonga.us jim.creL;ue(ii�cityofiniltonaa.LIS 0 It is agreed between the City and the Association that this agreement may be executed in counterparts, each of which shall constitute an original. 16. The City has designated the Director of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Association in the execution of the terms of this agreement. 17. The Association shall not have the right to assign the interest it holds in this agreement. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 19. The Association may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 20. The Association agrees to adhere to all relevant City policies and procedures (including, but not limited to the City's Youth Athletic Association Organizational Requirements Manual) in effect as of the date of this Agreement (which policies and procedures the Association has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 21. The Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 27 22. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and/or the City's Youth Athletic Association Organizational Requirements Manual, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 23. The Association acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Association under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Association is subject to the Open Records and Open Meeting laws of the state of Georgia. The Association agrees to comply with those laws. To the extent that the Association is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The Association further agrees that all books and records of the Association shall be made available to the City of Milton as and when requested for review or audit. 24. City shall have the right to terminate this Agreement upon failure of Association to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Association with a written notice specifying Association's failure to perform, and providing Association with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that Association fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately terminate the Agreement by providing written notice of termination to Association. Association shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Association. Prior to exercising this right of termination, Association shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the Association, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Association shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may tenninate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. 28 I hereby acknowledge and understand that the Association, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City, including those contained within the City's Youth Athletic Association Organizational Requirements Manual to which this agreement is attached. I understand that failure of the Association or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ASSOCIATION: By: Presid nt Joe Lockwood Name 14� d �1 1 3 u/ (Typed or Printed) City Attorney_ Date ( C Attest: Secret Name Lx'' 1 1141 iTe, � (Typed or Prin�ec� Date t [AFFIX CORPORATE SEAL] CITY: 1-M Mayor, City of Milton APPROVED AS TO FORM: Date 29 WR TO: FROM: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 10, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between the City of Milton and Eagle Stix Rec Inc. MEETING DATE: Monday, March 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,�IYES CITY ATTORNEY REVIEW REQUIRED: (YES APPROVAL BY CITY ATTORNEY (,,)/APPROVED PLACED ON AGENDA FOR: REMARKS (J NOT APPROVED (JNO () NO (J NOT APPROVED 00you(n ,r** PHONE: 678.242.25001 FAX: 678.242.2499 6i *c«,sr�* ropiw infoftityofmiltonga.us 1 www.cityofmiltonga.us ":° Community�>- 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 March 1, 2016 for the March 21, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between The City of Milton and Eagle Stix Rec Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Eagle Stix Rec, Inc. Executive Summary: Eagle Stix Rec, Inc. provides the City with the girls lacrosse program. This program will offer lacrosse leagues and camps at Bell Memorial Park and Northwestern Middle School. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another girls youth lacrosse program provider. Legal Review: Paul Higbee – Jarrard & Davis, April 9, 2015 (Contract Template) Concurrent Review: Steven Krokoff, Interim City Manager Page 2 of 2 Attachment(s): 1) Parks and Recreation Department Facility Use Agreement between The City of Milton and Eagle Stix Rec, Inc. HOME OF ........ . ........ .. ... ... . . ........ V's . .. . .... .. ESTABLISI IED 2006 YOUTH ATHLETIC ASSOCIATION. ORGANIZATIONAL REQUIREMENTS MANUAL AND .FACILITY USE AGREEMENT TABLE OF CONTENTS PAGE: Department Mission and Philosophy 3 Legal and Organizational Requirements 4-11 Requirements of Associations 12-19 City and Park Ordinances 20-21 Park/Facility Regulations 22 Recreation and Parks Personnel/Contact Information 23 City of Milton Accident/Incident Report Form 24 Facility Use Agreement 25-29 DEPARTMENT MISSION AND PHILOSOPHY The City of Milton Parks and Recreation Department is committed to providing quality programs and the promotion of healthy activities for all residents. We welcome non-residents who wish to participate in our programming. Our primary focus is on recreation level activities with limited opportunities for advanced levels of play, provided that it does not come at the expense of a recreation level activity. In all programs, the recreation level activities will be the first priority for field usage. Associations and the leaders of these Associations are expected to understand and promote the mission and philosophy of the City of Milton to serve the citizens of Milton. Association members are ambassadors for the City as well as their affiliate Association. While serving as a volunteer for the Association, members are expected to conduct themselves in an ethical and professional manner. LEGAL AND ORGANIZATIONAL REQUIREMENTS In order to qualify as a Youth Athletic Association ("Association") and to operate on City of Milton ("City") property, each Association must adhere to certain minimum legal and organizational requirements. These requirements are a part of the Facility Use Agreement which must be signed by each Association prior to the operation of any activity on City property. These requirements are necessary in order to insure the safety and well-being of all participating Associations. The signing of the Facility Use Agreement indicates the Association's assumption of the financial responsibility for the program, as well as the management of the program participants and volunteers. The City will not be held responsible for the finances or the program management. Violation of the above mentioned responsibilities constitutes cause for the revocation of the agreement. The requirements are as follows: 1- CORPORATE REGISTRATION Each Association must be a federally registered 501(c)3 non-profit organization and licensed to operate in the State of Georgia. Proof of the current registration status must be on file with Milton Parks and Recreation Department ("Department"). 2- BYLAWS Associations shall furnish a current copy of their by-laws to the Department. By-laws must be on file or submitted with the signed Facility Use Agreement. 3- MEMORANDUM OF UNDERSTANDING WITH CITY OF ALPHARETTA On November 5, 2012, the City Councils of Milton and Alpharetta entered into a Memorandum of Understanding ("MOU") for recreation and parks programs. The purpose of the MOU is to take an initial step to foster a long-term mutually beneficial relationship between Milton and Alpharetta as it relates to parks and recreation programs and services as a way to better serve the cities' respective citizens, offer a wider variety of recreational services, and grow the relationship between the Cities such that similar opportunities can be developed over time. In exchange for an annual payment from the City of Milton to the City of Alpharetta, Alpharetta residents shall be allowed to register for all Milton recreation programs and affiliated Association programs, and rent facilities and shall pay the same fees as Milton residents, provided space is available. Alpharetta shall waive non-resident fees for Milton residents who participate in Alpharetta recreation programs. City residents who participate in Milton/Alpharetta recreation programs shall be considered residents of that City for the purpose of travel/select teams with resident composition requirements and adults will meet affiliated youth athletic association board member resident composition requirements. 4 The privileges of advanced registration and the same fee structure for recreation and parks programs for City of Milton and City of Alpharetta residents shall be in effect for the duration of the Memorandum of Understanding between the Cities. For these guidelines, the word "Resident" shall include residents of the cities of Milton and Alpharetta, unless noted otherwise. 4- ELECTION OF OFFICERS The Board of Directors ("Board") shall be the governing body of each Association for the operation of the affairs of the Association as documented in the bylaws. Each Association board must be comprised of a majority of Residents upon election or appointment, and each Association should strive to achieve a minimum of sixty percent (60%) Residents on the Board. The Board of Directors must be elected annually or as mandated by the Association's by-laws, but no less than once every two years, by the Association membership. A Department employee and a member of Milton Parks and Recreation Advisory Board ("PRAB") must be notified of and invited to attend all Board meetings. The Department Director will appoint the employee liaison to the Board. The Chairman of the PRAB will appoint the PRAB liaison(s) to the Board on an annual basis. Open advertised election of the Board is mandatory. All members of the Association as defined by the bylaws shall have the opportunity to vote. A notice of upcoming elections must be sent to the Department, and shall be posted on the Association website at least thirty (30) days prior to the elections. Associations are encouraged to email notice of elections to all participant families and to post flyers at the park. Elections should be held in an easily accessible central location when there are normal Association activities scheduled at the park to provide the best opportunity for members to vote. Associations are also encouraged to provide a process for members to vote electronically. To serve as a member of the Association executive committee, a candidate must have a child actively participating in the Association program at the time of the elections. The Association must furnish a list of all elected board members, addresses, email addresses, telephone numbers (home and office) to the Department no later than one month after the elections. City will verify residency and notify PRAB liaison of City resident percentage of newly elected board. 5- ASSOCIATION MEETINGS AND ANNUAL MEETING Upon request, Association must provide copies of meeting minutes from Association membership and board meetings to Association members and City. It is recommended that meeting minutes be posted on the Association website. Each Association must schedule a minimum of one (1) annual membership meeting. This meeting shall be for the purpose of electing board members, and any other necessary business. Efforts must be made to contact all members, and the Department must be notified of the meeting. Notice of said meeting must be posted at Department facilities and on the Association website two weeks prior to meeting date. 6- CAPACITY PLAN A projection of the field/gym space requirements must be submitted to the Department at least ninety (90) days prior to the start of registration for a season. Extra facility space is not available through the City. The Association may seek to utilize facility space at other non -City locations. The Association is financially responsible for field usage fees at non - City locations if applicable. Field time not used by the Association reverts to the City for use as needed. 7- FINANCIAL REPORTS The Official Code of Georgia Annotated requires all corporate minutes and books of account be held open for inspection by any member of the Association at any reasonable time. The City assumes no responsibility for the financial well-being or outstanding debts of Associations. Each Association must provide the City with an annual Financial Statement to include a summary of operating income and expenses, capital expenditures, registration fees charged to participants, Federal and State tax returns, and profit and loss statement. 8- LIABILITY INSURANCE COVERAGE 8.1 Association shall not provide any service until all insurance required under this paragraph has been obtained and approved by the City. 8.2 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. 8.3 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. 8.4 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 Association shall have its insurer name the City of Milton as an additional insured on its General Liability policy. 8.5 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 Association 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 Association. The Association 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 Association or its subcontractor claims to be exempt from this requirement, Association shall provide City proof of such exemption along with a written request for City to exempt Association, written on Association or subcontractor's letterhead. 8.6 Association shall also maintain Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 9- PARTICIPATION REPORTS All Associations are required to submit a list of registered players to the Department no later than thirty (30) calendar days after the end of the established program registration period. The list shall be provided in an electronic format (i.e. Microsoft Excel) and shall include each player's name, street address, city, zip code and email address. The Department will use the list to verify the resident status of registered players and shall not use the list to promote Department programs, without prior consent of the Association. After the City has verified residency of participants, the City will issue an invoice to the Association for non-resident fees payable to the City. NOTE: It is imperative that participation information be sent to the Department as soon as possible in order for Department to verify addresses. Association may send participant information at any time during their registration period for Department to check residency status of participants. 10 -REGISTRATION Associations are encouraged to provide registration dates to the Department in time for inclusion in the City website and promotional activity. The City provides a link to Association websites at ,vww.citvofiniltonga.us Associations must notify City of any web address changes. 11- RETURNING PLAYER/CITY RESIDENT REGISTRATION Per the terms of the MOU between the cities of Milton and Alpharetta, the City has implemented a three -tiered registration process. Associations must adhere to this registration process as outlined in this document as long as the MOU is in effect. "Priority Registration" is the first registration period. "Priority Registration" is defined as registration for all City of Milton residents as well as City of Alpharetta residents who are eligible as "returning" participants to re -enroll into the program they participated in during the most recent season of activities provided space is available. The second registration period, "City of Alpharetta Registration," begins two weeks after Priority Registration begins. During "City of Alpharetta Registration," all City of Milton and City of Alpharetta residents are eligible to register for programs provided space is available. The third registration period, "Open Registration," begins four weeks after Priority Registration begins. During "Open Registration," anyone is eligible to register for programs provided space is available. 12- CITY RESIDENCY REQUIREMENT FOR TRAVEL/SELECT/ELITE TEAMS The mission of the Department is to provide quality programs and the promotion of healthy activities for all residents. Limited advanced level programs are permitted to provide higher level athletic competition for young people. Residency requirement guidelines ensure that travel/select/elite/feeder teams are formed in the best interest of the City resident participants. These guidelines also ensure that City residents are fairly represented on these teams, City assets and resources are utilized in the best interest of City resident participants, and to foster long-term success of the Association's competitive youth athletic program. GUIDELINES: A. Open, advertised tryouts must be held prior to team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. Per the terms of the MOU, effective December 1, 2012, City of Alpharetta residents who participate in Milton recreation programs shall be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed, but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. Associations are limited to one advanced level (feeder, select, elite or travel) team per age group. Associations may also form up to two all-star teams per age group provided 100% of the members on the all-star team participated in the recreation level of the sport in the season that immediately preceded the creation of the All-Star team. 13- FACILITY USE - RESTRICTIONS Each Association is organized to provide league play for youth, including player evaluations, pre -season player and coach clinics, league practices, scrimmages, games, and post -season tournaments. All field use shall be coordinated with the Department thirty (30) days prior the start of the season. Hosting of camps and tournaments involving participants from outside the association's own program along with participants in the Association's own program is allowed, but requires coordination with and written consent of the Department. Associations must seek approval from the City to host outside camps and tournaments at the parks at least sixty (60) days prior the proposed event. Field rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The Association is specifically not permitted to sublet facilities to any individual or organization. The Association's Facility Use Agreement is for the Association's own use. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual facility use agreement. The City will provide two storage buildings for use by the Associations. The city will designate which Associations get assigned to each building. Sharing storage space with another Association is expected. These storage buildings are not the property of the Associations. Each Association is expected to work together in their shared space, keep the facility neat and clean, and keep the facility secured. Failure to do so may result in expulsion from the storage facility. 14- CAPITAL IMPROVEMENTS Capital improvements may be suggested by the Association for budgetary consideration. Financial partnerships (50/50) between the Associations and the Department for mutually agreed upon projects are encouraged. 15- CHANGES TO PROGRAM CONTENT, STRUCTURE, PHILOSOPHY, ETC. Each Association shall communicate to the PRAB liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the Association which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: • Addition/elimination of any age or skill level • Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) • Association by-laws • Board structure and composition • Schedule of fees for participants • Anything that would be in direct conflict with existing City/Department policies Association shall notify liaisons as soon as the idea for a substantial change is included on an Association meeting agenda. Upon notification by the Association, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the Association to implement the substantial change, the Association may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the Association, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the Association to implement the substantial change. The approval levels are noted as follows: a. Association Board and members only b. Department Director or his/her designee c. Milton Recreation PRAB d. Milton Mayor and City Council W11 16- SPONSORSHIPS/ADVERTISING Associations are allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for Associations to assist the City in funding capital projects benefitting the parks and facilities they use. Associations are not permitted to obtain sponsorships, including direct financial aid and/or in-kind donations, from any religious organization, individuals, and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco -related products/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented will be handled as an addendum to this agreement when those details are worked out. REQUIREMENTS OF ASSOCIATIONS 1- FACILITY USE AGREEMENT Any Association operating on City property must sign the City's Facility Use Agreement, attached hereto, prior to the start of the calendar year. The agreement is issued on an annual basis, and specifically identifies the facilities to be used by the Association and the terms of that use. Adherence to all policies and procedures in this manual is considered part of the Facility Use Agreement. The City retains the right to change these guidelines and policies at any time, without advance notice, as it deems appropriate. Any changes will be communicated to the Association within five (5) business days after the change has been made and approved. With respect to renewal of this agreement, any Association currently holding a Facility Use Agreement will receive priority, unless the City has reason to revoke the agreement. Facilities not in use will be distributed on a first come first served basis. 2- COACH CERTIFICATION AND TRAINING Association must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, National Cheerleading Association. The Association may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Department. In addition, it is the responsibility of the Association to ensure that all of their coaches, volunteer and professional, head coaches and assistants complete all legally mandated training programs before being permitted to coach a team. Association must provide documentation of such training to the City as required by the current City Policy. • Concussion Awareness Training • Mandatory Child Abuse Reporting Requirement • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 3- SELECTION OF COACHES Associations are responsible to select qualified coaches for their program. Each Association shall establish their own criteria to determine qualifications of coaches, such as coaching experience, past playing experience, etc. 4- FEES AND CHARGES Note: Each Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 12 Registration Fees All registration fees shall be fair and equitable to all participants. Associations shall communicate to participants what the registration fee covers, including the anticipated number of practices and games per season. Registration fees shall be derived from predicted costs to operate the program, to fund Association operations, to fund City commissions and to fund park capital improvements (current and future) that mutually benefit the City and Association. Registration fees shall include the total cost of operating the association's program to include but not limited to; cost of uniforms, player awards, umpires/officials, equipment for the league/teams, first aid supplies, marketing, web administration, general maintenance of facilities, etc. Non -Resident Fees All program participants who reside outside the city limits of Milton and Alpharetta will be assessed a non-resident fee. Association shall pay the City non-resident fees for each Association non-resident participant in their program. This fee shall be paid for each athletic season held each year (fall, winter, spring, and/or summer), and must be paid to the City no later than thirty (30) days after the invoice is sent. Association non-resident fees shall be calculated at 50% more than the resident registration fee. The Association will be responsible for the determination of city residence during the registration period. Within two weeks after receiving the Association's participation list with addresses, the Department will verify player residency and submit an invoice to the Association. The programs commission and non-resident fee will be paid directly to the City of Milton based on the Department's verification of player residency. The Association is responsible for remitting non-resident fees for all non -City participants, regardless of whether or not it was collected by the Association. City of Milton employees and their immediate family members, regardless of where they reside, are considered Residents and may register during the Resident registration period. Non-resident fees are waived for these participants. Associations should contact the Department to verify employee status. Scholarships The Association should make available a reasonable number of scholarships for participants requiring assistance. The Association shall determine the eligibility criteria for scholarship recipients and shall determine whether or not to charge non-resident fees to scholarship recipients. Regardless, the Association is responsible to pay the City non- resident fees for non-resident scholarship recipients to the City. Admission Fees Associations are not allowed to require an admission fee to any normal association play. Admission fees may be collected for tournament play or other special events, upon approval of the Department. The Association must submit a letter of request in order to have an admission fee request approved. 13 5- PROGRAM/FACILITY SCHEDULES Associations are required to submit all master schedules to the Department prior to the beginning of use of any City facility. This includes tryout dates, practice schedules, opening ceremonies, game schedules, special events such as player clinics, all forms of advanced level teams' schedules, etc. These schedules should be submitted thirty (30) days prior to the beginning of any program. Facility use outside the scope of the Facility Use Agreement must be requested through the Department and is not guaranteed. 6 SAFETY/ACCIDENT PREVENTION Associations are responsible for operating their programs in a safe and effective manner. All fields, equipment and other facilities should be inspected before each use. Associations should have an adequate number of adults present at each scheduled activity to supervise the participants from the outset to the close of the program. League officials are responsible for insuring that all programs are operated under safe weather conditions. Safety plans should be implemented in case hazardous situations should occur. 7 DISCRIMINATION Associations must provide equal opportunity without regard to race, color, religion, sex, national origin, age, veteran's status, and disability. Associations must comply with the Americans With Disabilities Act (ADA) of 1990 and provide reasonable accommodations to members of the public, if so requested, unless participation would create a risk to any participant. 8 MAINTENANCE/FACILITY UPKEEP The Department will be responsible for all field and facility preparation for all practices and games. This includes game day facility preparation, grass mowing, and lining of baseball and softball fields. Parks Services staff will prepare the grass baseball fields once per week day, three times on a Saturday and once on a Sunday. The multi -use synthetic turf fields will be prepared once per day. Preparation of any field will only be performed on days that there are previously scheduled activities, in accordance with the submitted and approved schedule. Associations are responsible to report any and all facility maintenance issues to the Department as soon as they are noticed. Associations are required to provide safe sports equipment for participants. Associations are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes playing areas, walkways, restrooms, concession stands, dugouts, etc. Associations should take proper steps to ensure that scheduled activities do not infringe on park neighbors or other park users. This includes reducing excessive noise, excessive traffic, parking problems, etc. 14 9 WEATHER POLICIES The Department will determine if fields are playable. Associations will be notified as early as possible if the fields are not playable. Associations are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Association is responsible for determining field playability. Associations are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. For the safety of all, the City of Milton uses a lightning detection system to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to clear all fields, the dugouts and the playground and get to safety. When the system detects that the conditions have improved to a safe level, the strobe light will be turned off and there will be three short blasts from the siren. At this point, play may be resumed. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. Associations that do not have their own established Hydration and Heat Guidelines must adhere to the Hydration and Heat Related Guidelines observed by the Department. In summary, outdoor activities must be canceled if the WBGT (Wet Bulb Globe Temperature) is over 92 degrees. Associations that do not have their own established Cold Weather Policy must adhere to the Cold Weather Policy observed by the Department. The policy is as follows: If the official Milton, GA temperature according to wwyw.weather.com is forecasted to be 38 degrees or lower at the time of the scheduled practice or game, it is recommended that the scheduled event be cancelled. If the temperature reaches 32 degrees, it is mandatory the event be cancelled. Milton Parks and Recreation Department cancels and/or postpones all youth programs and activities whenever Fulton County Schools are closed for inclement weather. Associations shall follow this procedure. 10 RESTROOMS Associations are encouraged to inspect the restrooms and report any deficiencies to the City. The City is responsible for the supply of paper products and general maintenance that may occur. 11 SECURING OF FACILITIES An Association Board member should be responsible for securing facilities after each use, including all practices and games. This includes closing and locking of all buildings, the turning off of all scoreboards, returning all scoreboard controllers to the storage room and ensuring all necessary gates are closed and secured. Association board members and coaches are asked to turn off the scoreboards immediately following the last practice or game of the night. E 12 INCIDENTS INVOLVING VANDALISM AND ACCIDENT OR INJURY Vandalism must be reported to the Police Department immediately by calling 911. The Association must report damage to City of Milton facilities or buildings to the Department immediately. If damage is a result of the Association's negligence or failure to comply with accepted operational or security measures, the Association may be held responsible for reimbursing the City for all or part of the repair cost. 13 SCOREBOARDS AND CONTROLLERS Scoreboard control boxes may be used under the following guidelines: a. The Association President must acknowledge use and responsibility of all scoreboard controllers prior to the start of the season; b. Scoreboard controllers that are damaged, lost or destroyed must be immediately reported to the Department; C. A minimum of thirty (30) days should be expected for all repairs; d. The Association shall be responsible for the cost of repairs or replacement of any lost or damaged score board controllers due to negligence; e. Scoreboard controllers must be stored at the park in the storage room; f. Scoreboard controllers are mated to specific scoreboards and must remain with their respective mate; and g. The Association must turn scoreboards off each evening at the conclusion of activities and assure that scoreboards are off on fields not in use. 14 DAMAGE TO TURF GRASS If damage to the turf grass occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions) by the Association, the City will require the Association to purchase replacement sod and incur any other cost necessary to repair the damaged area and to make the playing fields safe. The Department will determine sod renovation needs. 15 METAL CLEATS The use of any form of metal cleats is strictly prohibited on the synthetic turf fields. The Association will be held accountable for the cost of repairs of any damaged artificial turf. 17 KEYS Keys will not be distributed to the Associations. The City will provide code based locks for those elements of the park that the Associations need access to. Periodically, the Department will change the combinations to buildings, gates, and electrical boxes. The Department will notify affected Association of any changes, and will supply new combinations as needed. 18 PUBLICITY Associations should regularly provide the Department with information on activities which the Association wishes for the City to promote. The Department will review information and notify Association within five (5) business days if any changes need to ISO be made in order to comply with established guidelines. The use of social media which the City can share on social media is strongly encouraged. 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. The Department will provide links to Association websites on the City's website. The City will help with the marketing of registration information. City may send news releases to local media outlets; include information in the e -newsletter and Facebook page, etc. The City will not pay for Association advertising, flyers, mailings, etc. The links and all promotional media provided to the City, by the Association, must be to promote only those programs for which the City is a partner. If an Association is running any activities that are not formally sanctioned by the City, those activities cannot be on the website that the City's promotional activity will point to. 19 PUBLIC USE OF FIELDS The Facility Use Agreement applies only to organized league play for the duration of the agreement as specified on the agreement. Unless otherwise scheduled, the facilities are available to the public on a first come first serve basis, or may be rented by the Department to outside groups in accordance with the established City policies. The City will not rent facilities to teams and programs that compete with the City's partner Associations. 20 ACCIDENT/INCIDENT REPORTS (attached) The Association is responsible for filing an accident/incident report to the City which documents the details of any accident, injury, or incident which occurs on City property. The report should detail what occurred, the time of the accident/incident, where it occurred, who was involved, and who witnessed the accident/incident and filed the report. A copy of the accident/incident report is included in this manual. The report shall be submitted to the Department within twenty-four (24) hours of the accident/incident. Any and all accidents/incidents must be reported. 21 PARTICIPANT EVALUATIONS All participants in Association programs must be given an opportunity to complete a participant evaluation at the conclusion of each athletic season in which he/she participated. The evaluation should include questions pertaining to the administration and organization of the program (i.e. ease of registration, quality of the coaches, program structure, program content, etc.), and the condition and appearance of the Department facilities. The Association should ask participants for comments and suggestions to improve the program. A summary of participant evaluations should be prepared and distributed to the Department within two months at the end of each season. Upon 17 request, the Association must make completed participant evaluations available to the Department. City reserves the right to conduct independent participant surveys. 22 BACKGROUND CHECK - VOLUNTEERS All Association board members and any individual who wants to coach a youth team shall go through a criminal history background check once per calendar year. All background checks must be performed in accordance with the established City policy. 23 BACKGROUND CHECK — OFFICIALS AND UMPIRES Each Association who has a contractual agreement with an outside vendor to provide officiating services for the Association shall require, as part of the written agreement, that all officials/umpires 18 years of age and older who will be scheduled to officiate at Association activities complete a criminal history background check prior to officiating any games for the Association. The background check should be performed once per calendar year. The Association shall require appropriate documentation of completion of background checks. Documentation must be maintained on file by the Association. 24 CHILD ABUSE REPORTING LAW Volunteers who work with children are required by law to report suspected child abuse. The mandatory reporting requirement is a provision in HB 1176, the criminal justice reform bill signed by Governor Nathan Deal on May 2, 2012. Specifically, HB 1176 changed the definition of "child service organization personnel" to include volunteers. The new law defines "child service organization personnel" as follows: "Child service organization personnel" means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children." In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 25 CONCUSSION AWARENESS POLICIES AND PROCEDURES O.C.G.A. § 20-2-324.1 requires agencies to educate youth athletes and their parents on the dangers of concussions in youth athletic activities. The Georgia Department of Public Health is referring everyone to the "Heads Up — Concussion in Youth Sports" program offered by the CDC. The following is a link to the program: http://wwtiv.cdc.gov/concussion/HeadsUp/online trainin , html. It is the policy of the Department to educate coaches, referees, employees, instructors of at -risk activities, trainers, parents, and participants of the signs, symptoms and behaviors consistent with sports- and activity -induced concussions. Further, the Department requires that any participant, under the age of 18, suspected of a concussion or head 18 injury must be removed from the activity and it is recommended that the participant be examined by a licensed health care provider. If a participant is deemed by a licensed health care provider to have sustained a concussion, Department personnel or other designated personnel (coaches, referees, instructors of at -risk activities, trainers, and parents) shall not permit the participant to return to play until he or she receives documented clearance from a licensed health care provider for a full or graduated return to play. In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 19 CITY AND PARK ORDINANCES Associations are responsible for adherence to all City and park ordinances. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1(a)(1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike, or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. 20 (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. 0) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (1) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § l(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014) 21 PARK/FACILITY REGULATIONS 1. Associations conducting youth activities on City facilities must have an appropriate amount of adults supervising the activities conducted by the Association from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of an organization must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of this agreement. All Associations are encouraged to enact and enforce a policy of ZERO tolerance for abusive behavior while at an Association event. 3. The park belongs to all of the residents of Milton. The Associations are asked to enact and encourage a policy of "Leave It Cleaner Than When You Arrived" with regard to all elements of the park. The Association is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 4. Association representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 10. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department — 678-242-2489 or j im.cret;�e'cncityofiniltonga.us 22 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 jim.creggepcityofmiltonga.us Program Manager Tom McKlveen 678-242-2519 tom.mcklveen(aDcityofmiltonga.us 23 City of Milton Accident / Incident Report Form Date of accident/incident Facility where accident/incident occurred Specific location of accident/incident within the facility Number of persons involved Police notified Time of accident/incident Information on persons involved in the accident/incident: Y _N EMS notified _Y _N NAME (please print) PHONE Under the a eof18 Day: Evening: Evening: Day: Day: Evening: Evening: Day: Day: Evening: Evening: Day: Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening: Day: Evening: Day: Evening: Day: Evening: ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment **Photos of accident/incident site taken Person completing form (Print name) Person completing form Day phone _Y —N Y N Signature Date Evening phone ** Take photographs of the accident/incident site as soon as practical but within 24 hours of the accident/incident Fax or email completed form to Department Director at 678-242-2499 or 0im.cregge(d citvofmiltonga.us 24 FACILITY USE AGREEMENT This agreement, made this 7-1 day of AW -CIA 20 A- , by the City of Milton ("City") and EAGLE STIX REC, INC a Georgia non-profit corporation called the "Association." Witnesseth : In consideration of the mutual agreements contained in this document, the City and Association agree as follows: The Association agrees to provide a youth sports program (organized league play), to wit YOUTH LACROSSE LEAGUES/CAMPS as a service for the City in accordance with all policies and procedures for youth sports associations operating on City property including the Youth Athletic Association Facility Organizational Requirements Manual to which this Agreement is attached. 2. The term of this agreement will begin JANUARY 1, 2016 and continue through DECEMBER 31, 2016. A new agreement must be signed for each calendar year. 3. The City agrees to authorize the Association to use fields and facilities as listed below at Northwestern Middle School and Birmingham Falls Elementary School. The agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, etc.) for approved league play unless otherwise specified. WEEKDAYS: FROM AM�PM TO % AM PM' SATURDAYS: FROM M TO A PM SUNDAYS: FROM QM TO AN6D DA TES: (, Zh, / 4. In consideration for the usage of the facilities, the Association agrees to a direct payment to the City of 30% commission on all registration fees and 100% of all applicable non- resident fees. 5. In addition, the Association voluntarily agrees to pay the following fees affiliated with their program: 6. The Association agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 7. Association shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Association without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 25 8. Failure of the City to insist upon strict performance of any term or condition of this agreement shall not be a waiver of any right or remedy the City may have, and shall not be a waiver of any subsequent breach of terms or conditions. 9. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 10. It is agreed and understood that the Association shall indemnify and hold harmless the City, its 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 or any third party arising out of, or by reason of, or resulting from the willful or negligent acts, errors, or omissions of the Association or its agents, officers, volunteers or employees. 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 Association's responsibility to indemnify. The Association shall maintain at all times during the term of this agreement insurance coverages as set forth in the Youth Athletic Association Organizational Requirements Manual. 11. This agreement may be modified only by a written agreement between the City and the Association. 12. It is the understanding of the City and the Association that nothing contained in this agreement shall be interpreted to assign to the Association any status under this agreement other than that of an independent Association. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Association 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 Association 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 Association and the City and the City will not be liable for any obligation incurred by Association, including but not limited to unpaid minimum wages or overtime premiums. 13. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 26 14. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ASSOCIATION NAME: C�,-,s < 7-/ X J&& ADDRESS: 1030 )Z1G�/: 6AJA] (4 Lr N L ►rtc LF_ EMAIL: G. CITY/STATE/ZIP: figW6D,.) , 614 3oao4 PHONE: q/0— m, /,rOv WEBSITE: wI.JVQ, rClq (�1.EAr14LAX . oM EMAIL: G. j G�►A �c�l✓/9 J Ail A✓SNF.Vir CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 678-242-2489 www.citvofmiltonga.us 'il m.cregge�u citvofmilton#,,a.us 15. It is agreed between the City and the Association that this agreement may be executed in counterparts, each of which shall constitute an original. 16. The City has designated the Director of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Association in the execution of the terms of this agreement. 17. The Association shall not have the right to assign the interest it holds in this agreement. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 19. The Association may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 20. The Association agrees to adhere to all relevant City policies and procedures (including, but not limited to the City's Youth Athletic Association Organizational Requirements Manual) in effect as of the date of this Agreement (which policies and procedures the Association has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 27 21. The Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 22. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and/or the City's Youth Athletic Association Organizational Requirements Manual, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 23. The Association acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Association under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Association is subject to the Open Records and Open Meeting laws of the state of Georgia. The Association agrees to comply with those laws. To the extent that the Association is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The Association further agrees that all books and records of the Association shall be made available to the City of Milton as and when requested for review or audit. 24. City shall have the right to terminate this Agreement upon failure of Association to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Association with a written notice specifying Association's failure to perform, and providing Association with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that Association fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately terminate the Agreement by providing written notice of termination to Association. Association shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Association. Prior to exercising this right of termination, Association shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the Association, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Association shall have the right to immediately terminate the Agreement by providing written notice of termination to City. 28 Either parry may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. I hereby acknowledge and understand that the Association, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City, including those contained within the City's Youth Athletic Association Organizational Requirements Manual to which this agreement is attached. I understand that failure of the Association or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ASSOCIATION: By: -7- Pres' t Names (Typed or Printed) Date � 42A�- Attest: S9&,A 0rganiz lonire Name b� �= CC's (Typed or Printed) Date [AFFIX CORPORATE SEAL] CITY: By: Joe Lockwood Mayor, City of Milton Attest:: Name: Date 29 rp TO: FROM: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 10, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement and Addendums between the City of Milton and North Georgia Recreation. MEETING DATE: Monday, March 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ().-APPROVED CITY ATTORNEY APPROVAL REQUIRED: (7',%ES CITY ATTORNEY REVIEW REQUIRED: (-KYES APPROVAL BY CITY ATTORNEY (>�PPROVED PLACED ON AGENDA FOR: C)5 ( 2;)z 0 � REMARKS (J NOT APPROVED (JNO (J NO (J NOT APPROVED 91 ' You 1' M ". ... * * * PHONE: 678.242.25001 FAX: 678.242.2499 fed *Cr«f1Cii* info@cityofmiltonga.us www.cityofmiltonga.us �� Community � E,h';" yk 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 March 1, 2016 for the March 21, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement and Addendums between The City of Milton and North Georgia Recreation. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and North Georgia Recreation. Executive Summary: North Georgia Recreation provides the City with our youth boys lacrosse programming, summer sport camps, teen dodgeball, and teen kickball. This program will offer leagues and camps throughout the year out of various schools and Bell Memorial Park. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another youth boys lacrosse program provider. Legal Review: Elizabeth Whitworth – Jarrard & Davis, November 10, 2015 (Contract Template) Concurrent Review: Steven Krokoff, Interim City Manager Page 2 of 2 Attachment(s): 1) Parks and Recreation Department Facility Use Agreement and addendums between The City of Milton and North Georgia Recreation. CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2016, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY." and NORTH GEORGIA RECREATION 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 LACROSSE LEAGUES & CAMPS at the following locations: BELL MEMORIAL PARD, HOPEWELL MIDDLE SCHOOL, AND COGBURN WOODS ELEMENTARY SCHOOL. 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 (hereinafter referred to as the "Department") or his designee, will coordinate to schedule the program schedule, which schedule will be approved by Department Director, or his designee, at its sole discretion. PROVIDER agrees to submit a Program Request Form to the City's Recreation Program Manager (hereinafter "Manager") for each program being proposed eight (8) weeks prior to the beginning of each program session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON and ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or 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 but not limited to 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 improper/prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment 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. 2 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"), which must be completed and executed by for all the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed 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. 1.18 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 3 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, if applicable. 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." 4 ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 30% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 70% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. 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 and then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment by PROVIDER to City 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 5 CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 6.0 Insurance 6.1 City shall not have any insurance obligations related to this Agreement, and 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. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided 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 must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, 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: C $1,000,000 Combined Single Limit — each occurrence $2,000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: 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; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 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 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. 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 at the close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met or the CITY is otherwise unsatisfied with the program in its sole discretion. 7 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2016, 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 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission or surcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any other rights and remedies provided under this Agreement or at law or in equity. ARTICLE 8.0 Indemnification 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor i or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Parry. 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 parry or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER 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 PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 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. 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 by each party with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 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 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. 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. 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representative(s) to audit, examine, and 10 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. 10.9 All communications relating to the day-to-day activities of the pro ram shall be exchanged between TOM MCKLVEEN for the CITY and r for the PROVIDER. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 N��O��TICE TO THE PROVIDER shall be sent to: e V1 h 144 J,0�3 CA 3 0o� 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 10.11 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER 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 PROVIDER's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly 11 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, and that they will continue to use the federal work authorization program throughout the contract period. The PROVIDER 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. Further, PROVIDER 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 PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER 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. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER 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 PROVIDER 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. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being 12 construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 10.13 Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable . 10.16 Neither the CITY nor PROVIDER shall be liable for its 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 its respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 13 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 ATTEST: buo6 Print: -11 Its: I (Assistant CITY: C1 JOE LOCKWOOD, MAYOR P E : /V� P n" a (circle one) Presiden /Vice President (Corporation) eneral Partner (Partnership/ Limited Partnership) Member/Manager (LLC) [CORPORATE SEAL] (required if corporation) Secretary (required if corporation) 14 EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] 15 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: 7-13yrs. 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 twice weekly for 1.5 hours beginning at 4:OOpm, games are scheduled 1 hour and 15 minutes apart to 1 hour and 45 minutes apart on Saturdays (8:OOam-9:30pm) or on Sundays (12:30pm- 7:45pm) Program Dates: Practice begins January 15th, First game February 20`h Last Game May 22nd (all weather permitting). Program Fee: U9 Boys- $165, U11 Boys- $175, Middle School Boys- $185 Program Enrollment: Minimum: 45 per age group Maximum: 150 per age group Materials to be supplied by participants: cleats/tennis shoes. Materials to be supplied by PROVIDER: Jersey, balls, cones, goals. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 200. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): Brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: Milton All Sports Camp Participant Ages: 5-15 Day/s of the week program is offered: Monday, Tuesday, Wednesday, Thursday, Friday Time of Program: 8:30am to 11:30am Program Dates: June 6-10 and July 11-15 Program Fee: $135 resident, $202.50 non-resident Program Enrollment: Minimum 12 Maximum 84 Materials to be supplied by participants: Water bottle/drink, sun screen, small snack. Materials to be supplied by PROVIDER: All field equipment, balls, cones, lining, water cooler, first aid kit, name tags, and camp t -shirt. Materials to be supplied by the City of MILTON: Fields, access to bathrooms, running water Additional Program Requirements: PROVIDER (`s)Name: Newtown Recreation Staff Address: 3000 Old Alabama Road Suite 104 City/State/Zip Code: Johns Creek, GA 30022 Phone Number: (Day) 678-297-2662 (Evening) (678) 860-3102 (E-mail): Brandon@newtownrec.com OR aris@newtownrec.com (Fax) 678-297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.• Program Rate:$ # of programs in Session: Fee/Program: 8 PROGRAM DESCRIPTION Directed by Newtown Recreation Staff Campers will spend the week playing various games in several sports including: flag football, whiffle ball, capture the flag, pickle ball, and other fun and engaging games. All campers will receive a camp t -shirt. EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: TEEN KICKBALL LEAGUE Participant Ages: 14-18yrs. old (boys and girls together) Day/s of the week program is offered: 1 practice a week and 1-2 games on the weekend Time of Program: Practices are 1 hour (4:30-5:30pm, 5:30-6:30pm, 6:30-7:30pm), games are scheduled 1 hour and 15 minutes apart on Saturdays (9:OOam-3:30pm) or on Sundays (1:OOpm- 4:45pm) Program Dates: Practice begins August 22nd, First game September 10", Last Game Nov. 9t" (all weather permitting). Program fee: not sure if we want to make this an individual registration or team registration Program Enrollment: Minimum: 35 per age group Maximum: 200 per age group Materials to be supplied by participants: cleats/tennis shoes. Materials to be supplied by PROVIDER: Jersey/Pinnie, cones kickballs. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, bases on each field. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Reauirements: 1,000,000 General Liability Insurance Office Use Only - Program Rate:$ # of programs in Session: 5 Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: TEEN DODGEBALL Participant Ages: 14-18yr. old (boys and girls separate leagues) Day/s of the week program is offered: 1 practice a week and 1 game on Saturdays Time of Program: Practices are 1 hour (5:30pm-7:45pm), games are scheduled 1 hour minutes apart on Saturdays (9:OOam-5:OOpm). Program Dates: Practice begins November 28th, First game December 3rd, Last Game February 11`h (all weather permitting). Program Fee: Not sure if we want to do individualregistration or team registration. Program Enrollment: Minimum: 4 teams per league Maximum: 10 teams per league Materials to be supplied by participants: Tennis shoes shorts, and mouth -guard Materials to be supplied by PROVIDER: T-shirt/Pinnie and equipment (balls, cones, and scorekeeping equipment). Materials to be supplied by the City of MILTON: Gym space to participate in. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 104. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.- Program Rate:$ # of programs in Session: 7 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: YOUTH BOYS LACROSSE CAMP Participant Ages: 6-16yrs. old boys Day/s of the week program is offered: Monday -Thursday Time of Program: 8:30am-12:30pm Program Dates: June 13th -16th, July 25th -28th Program Fee: $150, Non Resident $225 Program Enrollment: Minimum: 15 per age group Maximum: 100 per age group Materials to be supplied by participants: Mouth -guard, cleats/tennis shoes, lacrosse stick, goggles, water bottle. Materials to be supplied by PROVIDER: Camp T-shirt, equipment (balls, cones, goals, training aids). Materials to be supplied by the City of MILTON: Field to participate on. Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 200. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals. Use one form per program. Name of Program: BOYS YOUTH LACROSSE (Fall 2016) Participant Ages: 7-13yrs. 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 twice weekly for 1.5 hours beginning at 4:OOpm, games are scheduled 1 hour and 15 minutes apart to 1 hour and 45 minutes apart on Saturdays (8:OOam-9:30pm) or on Sundays (12:30pm- 7:45pm) Program Dates: Practice begins January 15th, First game August 15th Last Game November 12`h (all weather permitting). Program Fee: U9 Boys- $165, U11 Boys- $175, Middle School Boys- $185 Program Enrollment: Minimum: 45 per age group Maximum: 150 per age group Materials to be supplied by participants: cleats/tennis shoes. Materials to be supplied by PROVIDER: Jersey, balls, cones, goals. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 200. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: S Fee/Program: EXHIBIT "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, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: (�yo�7 eVerify Number I /tsjn' Date of Authorization Name of Contracto Name of Project Name of Public Employer 17 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on201 in►"J; (city), G 'tate). A A Signature of Authori d Of i er or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON TITHE DAY OF NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: IIIIII ��i i • �;�:1�1rrs ; cvo1 G1A = y 4, 2017 ,',, � ! 1 6 611 O�`` .��. BMherh ood Mutual - Insurance Company "Bear ye one another's burdens and so fWill the taw of Christ." Galatians 6:2 WORKERS COMPENSATIONAND EMPLOYERSLIABILITY1NSURANCEPOLICY INFORMATIONPAGE POLICYNUMBER:10WEA323122 Renewatof Number:10WEA323122 1• INSUREDSNAME AND MAILINGADDRESS: Code: 17396 NEW TOWN RECREATION INC 3000 OLD ALABAMA RD STE 104 JOHNS CREEK GA 30022 Individual Partnership KI Corporation 1:1 Other FEIN 582424266 Location(s)not shown above: SIC 813110 2. Policyperiod: The policy period is from 07/14/15 1007/14/16 12:01 A.M. Standard Time atthe insuredtocation. 3. Coverage: A. Workers Compensationinsurance: Part One of the policy applies to the WorkersCompensationlaw of the slate(s) listed here. GA B. EmployersUabitityInsurance; Part Two of the policy applies toworkineach state listedinitem 3.A.The limitsofour liabilityunder Part Two are: Bodily Injury by Accident $ 100,000 each accident Bodily Injury by Disease $ 500,000 policylimit Bodily Injury by Disease $ 100,000 each employee C. Other States insurance: Part Three of the policy appliesto the state (s), if any, listed here: ALL STATES EXCEPT MONOPOLISTIC STATES, MASSACHUSETTS AND STATES DESIGNATED IN ITEM 3A ABOVE D. This policy includesthese endorsementsand schedules: WC000000C 01 15 WC000419 1-01 WC100402 1 13 BN1B 1.0 WC000422B 01 15 WC100601B 7 14 WC000421D 01 15 4. Premium. The premiumfor this policy will be determinedby our Manualsof Rules, Ctassifications,Ratesand Rating Plans. All informationrequired below is subjectto verification and change by audit. Preml+mBaais RatePer Estimated Total Est. Ann. $16001 Annual State Classifications CodeNo. Remuneration Remuneration Premium GA CHILD DAY CARE CENTER — PROFESSIONAL & CLERICAL 8869 170,000 1.24 2,108 GA TERRORISM 9740 170,000 .02 34 GA CATASTROPHE 9741 170,000 .02 34 Ex erte,Lg� acing Schedule Modilrcatton Rating Premium Expense Loan Factor Crec6tlDabit Dtsoount Constant Constant $150 Total Estimated Explanationof Changes: Annual Premium$ 2,326 MinimumPrenium $ 304 PaymentPtan: QUARTERLY ** TERRORISM AND ANY APPLICABLE STATE ASSESSMENT CHARGES ARE IN ADDITION TO THE MINIMUM PREMIUM. Countersigned 1000 BITNER—HENRY INSURANCE AGY INC M HAGERSTOWN MD 866-298-1668 By 150526 A o e epresen ivy WORKS The biome Office Address of Brotherhood Mutual Insurance Co. is P.O. Box Fort Wayne, IN 680 227 BmtherhoodMutual' Ina nranee Canipanc "Bear ye one another's burdens and so fulfill the lair of Christ." Galatians 6:2 MinistryFirst Page 1 of 1 AGREEMENT In return for the paymentof the premium and subjectto all the terms of the policy, we agree to provide the insurancestated in the policy. COMMON POLICY DECLARATIONS NAMEDINSURED Policy Number. 10MEA0321804 NEW TOWN RECREATION INC 3000 Old Alabama Rd Ste 200 Amended Effective: 05/01/15 Johns Creek GA 30022 See POLICY CHANGE HISTORY POLICY 3 YEAR(S)FROM 07/14/15 TO 07/14/18 12:01 A.M. AT DECLARED PREMISES PERIOD TYPEOFOPERATION: All Other Institutional FORM OF ORGANIZATION:CORPORATION BCL301 1.0 BN11A 1.1 CLO128 02 15 BCL100 1.1 BN-6-ADXGA 3.1 LOC/BLDG DECLAREDPREMISES SCHEDULE 0201 3000 Old Alabama Rd Alpharetta GA OF LOCATION CL0677 01 11 BN1B 1.0 OCCUPANCY Office ANNUALPREMIUM: $ 8,322 * PAYMENTPLAN: MONTHLY A $ 727.59 additional premium applies from 05/01/15 to 08/14/15. Terrorism Premium Charge: $ 145.00 - See Notice Form BN-6-ADXGA * Including Excess Liability Premium. This premium is subject to adjustment at each Anniversary. This premium is subject t ust e t to premium audit provision. COUNTERSIGNED a DATE AGENCY/AGENTNO. #1000-Q ,ZTNER-HENRYINIURANCE AGY INC GERSTOW 866-298-16 4/ CP1 (Q3/06) The Home Office Address of Brotherhood Mutual Insurance Co. is P.O. Box 2227, Fort Wayne, IN., 46801-2227 150619 This policy consfstsof the following coverageparts for which a form numberis indicated. FORM NAME FORM NO, FORM NAME FORM NO. BASIC Common Policy Conditions CL100 1.0 Amendatory Endorsement CL300 1.0 POLICY Intro -Table of Contents CP1 1.0 General Conditions Prop BCP100 4.0 FORMS System Equip Breakdown BSEB100 4.0 Commercial Liab Coverage GLlOO 1.0 BCL301 1.0 BN11A 1.1 CLO128 02 15 BCL100 1.1 BN-6-ADXGA 3.1 LOC/BLDG DECLAREDPREMISES SCHEDULE 0201 3000 Old Alabama Rd Alpharetta GA OF LOCATION CL0677 01 11 BN1B 1.0 OCCUPANCY Office ANNUALPREMIUM: $ 8,322 * PAYMENTPLAN: MONTHLY A $ 727.59 additional premium applies from 05/01/15 to 08/14/15. Terrorism Premium Charge: $ 145.00 - See Notice Form BN-6-ADXGA * Including Excess Liability Premium. This premium is subject to adjustment at each Anniversary. This premium is subject t ust e t to premium audit provision. COUNTERSIGNED a DATE AGENCY/AGENTNO. #1000-Q ,ZTNER-HENRYINIURANCE AGY INC GERSTOW 866-298-16 4/ CP1 (Q3/06) The Home Office Address of Brotherhood Mutual Insurance Co. is P.O. Box 2227, Fort Wayne, IN., 46801-2227 150619 �,��� `Bear ye one another's burdens and Brotherhood Mutual' so Mill the law of Christ" Insurance Company Galatians 6:2 COMM ERCIALPROPERTYDECLARATIONS Page' 1 of l Namedlnsured: NEW TOWN RECREATION INC Policy Number: 10MEA0321804 PollcyPerlod: 07/14/15 TO 07/14/18 We provide the CommercialProperty coverage at the declaredpremise(s) for the coverage and limits indicated. The Cov- erageslisted herein are provided, subject to the terms of the desig natedcove rage form, and any other applicableforms or endorsements. Property Deductible: $1,000 (Excl. EQ and Opt. Coverages- See Below) Glass Deductible: N/A SCHEDULEOF BUILDINGSAND PERSONALPROPERTY LOC& LIMITOF EQ VALU- AUTO BLDG TYPEOFPROPERTY INSURANCE COINSURANCE DED ATION INCH PERILFORM 0201 Office PERS PROP 10,000 AGREED AMT N/A RC 0% BCP85GA 4_0 RC=REPL COST SCHEDULEOF OPTIONALCOVERAGES LOC & LIMITOF DEDUCTIBLE BLDG DESCHIPTiONOFCOVERAGE INSURANCE AMOUNT FORM NUMBER ALL PersDishonest 2,500 N/A BCP37A 4.0 ALL Sys Eq Bkdwn $1,000 BSEB100 4.0 ALL Extra Exp 100,000 N/A BCP71 1.0 ALL Earnings/Exp 25,000 N/A BCP71 1.0 ALL Rented PPO 10,000 $1,000 BCP12 4.0 ALL Interior Dmg 10,000 $1,000 BCP49 4.0 ALL Terrorism 10,000 $1,000 BCLO60OXGA 3.0 MORTGAGEES/ ADDMONALINTERESTS LEASED PHONE EQUIPMENT KIMCO REALTY CORPORATION ATTN EBIX BPO PO BOX 881639 SAN DIEGO CA 92168 LOSS PAYEE Loan No.: SGAA1563ALNEWTRE00 OTHER FRQPERT7F-0F1M5 BCP0493GA 1.0 BCP0643 01 08 BCP500 4.0 BCP88GA 4.0 BN100 1.0 BN12V 1.0 CL1640 06 06 CP0171 10 08 CP132 1.0 Cp22113 150619 a BmtherhoodMutual' Insurance Company "Bear ye one another's burdens and so fuffill the lar of Christ" Galatians 6.2 Page 1 of 1 INLAND MARINE DECLARATIONS Namedlnsured: NEW TOWN RECREATION INC Policy Number: 10MEA0321804 PoiicyPeriod: 07/14%15 TO 07/14/18 INLAND MARINE COVERAGES LOC & LIMITOF DEDUCTIBLE BLDG DESCRIPTIONOF COVERAGE INSURANCE AMOUNT FORM NUMBER ALL IM Comp Hdwre ALL IM Church Msc ADDITIONALINTERESTS 7,000 $250 BIM7201GA 4.0 6,000 $250 BIM603GA 4.0 IM7855 02 09 IMD1 (03106) 150619 Bmtherhood Insurance Company Named Insured: NEW TOWN RECREATION INC Policy Number: Policy Period: "Bear ye one another's burdens and so fulfill the law of Christ" Galatians 6t2 Page 1 of 1 10MEA0321804 07/14%15 — 07%14/18 The Coverages listed herein are provided subject to the terms of the designated coverage form and any other applicable forms or endorsements. Only one liability coverageand one medical coveragewill applyto an occurrenceand any relatedloss. Any limit which is specificallystated within a coverageform or endorsementrepresentsthe most we will pay for the coverageto which such limit applies. Forapplicationof limits, see Liability and Medical Coverageform (BGL-11). SCHEDULE OF LIMITS POLICY LIMITS GENERAL OCCURRENCE LIMIT ($) GEN ERALAGG REGATELIMIT ($) 11000,000 3,000,000 PRINCIPAL (Coverage COVERAGELIMIT COVERAGEAGG19EGATELIMIT COVERAGES Designation) FORM ($) M Bodilylnjury/PropertyDamageLiab. (L) GL1001.0 110001000* 3,000,000* Medical Payments (M) GL100 1.0 5, 000*per person 3,000,000--t Products/CompletedIVork (N) GL1001.0 110001000* 3,000,000* Fire Legal Liability (d) BGL951 3.0 300,000-x 900,000* ADDITIONALCOVERAGES/INCLUDED FORM COVERAGELIMIT COVERAGEAGGREGATELIMiT M ($) Charitable/Not For Profit BGL58 4.0 110001000* 3,000,000* ADDITIONALCOVERAGES/OPTIONAL FORM COVERAGELIMIT COVERAGEAGGREGATELIMI ($) ($) Media Liability BGL41GA 1.0 110001000* 3,000,000* Directors & Officers BGL81GA 4.0 1,000,000* 3,000,000* Nonowned Property Damage BGL951 3.0 300,000* 9001000* Sexual Acts (With Screening) BGL61GA 4.0 1,000,000* 110001000* Religious Athletic Medical BGL91 4.0 5,000*Per Person 3,000,000* Excess Liability BGL939GA 4.0 See Form CXL13 See Form CXL13 Nonowned/Rented Vehicle—No PD BGL72 2.2 1,000,000* 3,000,000* Cyber Liability BGL87GA 4.0 1,000,000* 3,000,000* Traumatic Incident Response BGL991A 4.0 See Form BGL991A See Form BGL991A Terrorism — Covered Acts BGL025OXGA 3.1 1,000,000* 3,000,000* Defense Reimbursement BGL89 4.0 See Form BGL89 See Form BGL89 *Only a singlelimtit apppliesto the loss. All coveragelimits are subjectto the general occurrencelimit and all aggregatelimits are subjectto the general aggregatelimit 150619 GLD1 (03107) e'�. `Bear ye one another's burdens and Cher w so fulfill the law of Christ." Insurance. company pay�y�p� �a A` `a pg-y-�p�y �u� x�yp-y^��p��a Galatians 6.2 Schedule of Additionallnformatlon Page 1 of 2 Policy Number: 10MEA0321804 Policy Period: 07/14/15 - 07/14/18 OTHER LIABILITYANDMEDICAL F RM BCL320 1.0 BGL100A1 2.2 BGLll 4.0 BGL152 1.0 BGL613 1.0 BGL939AISP 1.0 E.X909 1.0 EX939ESP 4.0 GLO163 01 08 GLO950 12 99 GL1270 06 06 GL890 1.0 For Principal Coverage L (Not including Excess Liability coveragU]i 3115 OLD ALABAMA RD 3115 OLD ALABAMA RD 3115 OLD ALABAMA RD CITY OF JOHNS CREEK MANAGING PROPERTY KIMCO REALTY LANDLORD 0101 CH REALTY III 12000 FINDLEY RD STE 400 CORPORATION EILEEN DONLON HAYNES BRIDGE LLC EBIX BPO JOHNS CREEK GA 30097 PO BOX 5020 PO BOX 881639 NEW HYDE PARK NY 11042 SAN DIEGO CA 92168 LOAN # SGAA1563A LNEW REO RELATED ORGANIZATION (5)1 QPERATION- For designatedRelated Coverage& SCHEDULEOF LIABILITY EXPOSURES In issuing this policy, we have relied on material information provided tousbyyou. The following schedule discloses all of your insurable exposuresknownto exist at the policy inception date as conveyed by you. Declared premises must be owned, occupied, or rented by you or your scheduled related organizations. Exposure Classification Code Rating Basis Coe Quantity PLAYGROUNDS 30320 d 9 3000 Old Alabama Rd Alpharetta GA OFFICES - NOC 04504 a 11000 3000 Old Alabama Rd Alpharetta GA ATHLETIC GAMES SPONSORED BY INSURED 13000 1 1,191 3000 Old Alabama Rd Alpharetta GA DAY CAMPS AND YOUTH RECREATION PROGRAMS 30130 i 8 EXCLUDING LITTLE LEAGUE 3000 Old Alabama Rd Alpharetta GA OFFICES - NOC 04504 a 594 3000 Old Alabama Rd Alpharetta GA YOUTH ACTIVITY 08101 a 11500 3315 Francis Rd Milton GA OPERATIONS 37802 k 100 3000 Old Alabama Rd Alpharetta GA PRODUCTS NOC 85800 c 11000 3000 Old Alabama Rd Alpharetta GA NON -STUDENT ATHL MED i RatingSasisCode: (aj Area, (b) Payroll (c) Grose Sal es -Receipts, (d) Each, (e) Pupils, (f) Teachers, (g) Pastors, (h) Frontage, (i) Flat, Q) Camperdays, (k) Cost, (1) Ether CLD2 (-oaYot;) 150619 "Bear ye one another's burdens and Brotherhood il so fulfill the taw of Christ" Enaurartce Campanp Galatians 6:2 COMM ERCIALLIABILITYDECLARATIONS Scheduleof Additional Information Page 2 of 2 Policy Number: 10MEA0321804 Policy Period: 07/14/15 — 07/14/18 OTHER LIABILITYAND MEDICALFORMS For Principal Coverage L (Not including Excess Liability overage 3115 OLD ALABAMA RD 3115 OLD ALABAMA RD USE OF FACILITIES CITY OF USE OF FACILITIES FULTON CO MILTON SCHOOLS 13000 DEERFIELD PKWY STE 107A 786 CLEVELAND AVE SE MILTON GA 30004 ATLANTA GA 30354 RELATED ORGANIZATION / E Ti - For designatedRelated CoverageS. S HEDULEOF UABILITYEXPOSURES In issuing this policy, we have relied on material information provided to us by you. The following schedule disclosesall of your insurable exposuresknown to exist at the policy inceptiondate as conveyed by you. Declared premises must be owned, occupied, or rented by you or your scheduled related organizations. Exposure Classification Code Rating Basis Coe Quantity Rating Basis Code: (a) Area,Payroll (c) Gross Sales -Receipts, (d) Each, (e) Pupils, (f) Teachers, (g) Pastors, (h) Frontage, Net, (i) Flat, 6) Camperdays, (k) 0) Cather CLD2 (-03%06) 150 619 "Bear ye one another's burdens and BMherhoodso fulfill the law of Ghriat" Insurance Company Galatians 6:2 HIGH HAZARDAC:TIVITIESDECLARATIONS page 1 of 1 Named Insured: NEW TOWN RECREATION INC Policy Number: 10MEA0321804 Policy Period: 07/14/15 — 07/14/18 L1MITSAPPLIGABLE ACTIVITY FORM LIABILITY MEDICAL AGGREGATE LIMIT) Skate Park Operations BGL21 4.0 100, 000 per occur 0 per person 300,000 Firework Sales BGL21 4.0 100,000 per occur 0 perperson 300,000 Fireworks Display BGL21 4.0 100, 000 per occur 0 per person 300,000 ConstructionOversight BGL21 4.0 100,000 per occur 0 per person 300 , 000 For detailsreggaardinghow the aboveliimits will apply, aee the How Much We Pay Sectionofthe High Hazard ActivitiesCoverageLimits Form {BGL-291 CHH1 (03/06) 150619 Brotherhood Mutual- lnglirazlre. Compatly a ■: 6404 Brotherhood Way • P.O. Box 2227 Fort Wayne, IN 46801-2227 260.482,8668 In returnfor the payment of the premium,and subjectto all the terms of this policy, we agreewith you to provide the insuranceas stated In the Excess/Umbrella.-iabilitycoverageendorsement. COMMERCIALEXCESS LIABILITYSUPPLEMENTALDECLARATIONS Name of Insured: NEW TOWN RECREATION INC Policy Number: IOMEA0321804 Location Address. 3000 Old Alabama Rd Alpharetta GA 30022 Policy Period: From 5/01/15 to 7/14/18 , at 12:01 A.M., standardtime at the address shown above. PREMIUM- SubjectToAnnual Adjustment , 882 LIMITOF INSURANCE- EXCESS UABILITY COVERAGE CoverageLimit (per Occurrence): $ 11000,000 CoverageAggregateLimit: $ 11000,000 Deductible/Retention: $ N/A PTIONALCOVERAiDEINF AT N Coverage Included/Excluded Limit Directors& Officers Excluded EmploymentPractice Excluded $ Sexual Acts Excluded $ ** Optional Coveragel.imitsare the same asthe Excess Liability°perOccurrence"and Aggregatelimits shown above, un less otherwise specified. SCHEDULEOF UN DERLYI NG INSURANCE Type of Policy Policy Limitsof Insurance Insurer Period Number Liability General BROTHERHOOD MUTUAL 7/14/15 to 10MEA0321804 1,000,000 UCC/ Liability INSURANCE COMPANY 7/14/18 3,000,000 AGG CXL-13 (2,1) 150619 Page 1 POLICY CHANGE HISTORY Policy No.: 10MEA0321804 Issued by: BROTHERHOOD MUTUAL INSURANCE COMPANY Named Insured: NEW TOWN RECREATION INC Policy Period: 07/14/15 - 07/14/18 Agent: x#1000-001 BITNER-HENRY INSURANCE AGY INC Change Eff Date Change Description Processed Date 5/01/15 SEXUAL ACTS COVERAGE AMENDED 6/19/15 4/12/15 LIABILITY COVERAGE AMENDED 6/16/15 5/29/15 ADDRESS CHANGE ONLY 6/10/15 150619 Page 1 of 1 INLAND MARINE SCHEDULE Policy No. : 1OMEA0321804 Issued by : BROTHERHOOD MUTUAL INSURANCE COMPANY Name of Insured : NEW TOWN RECREATION INC COMPUTEREQUIPMENT HARDWARE SCHEDULE 1. 2 DELL COMPUTERS AND MONITORS 2. SOFTWARE $250 Deductible Applies E * * * Schedule Total : $ 6,900.00 100.00 7,000.00 R TO: FROM: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 10, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement and Addendums between the City of Milton and Halftime Sports, LLC. MEETING DATE: Monday, March 21, 2016 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: NlytS APPROVAL BY CITY ATTORNEY (1APPROVED PLACED ON AGENDA FOR: C" S 12-1 )7 0 REMARKS (J NOT APPROVED (JNO (J NO (J NOT APPROVED Kilo You[M *** PHONE: 678.242.25001 FAX: 678.242.2499 Green " *Certifiedi rbp uu infoGcityofmiltonga.us I www.cityofmiltonga.us Nin® Community iEch;'s b 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "" " ',BE` To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on March 1, 2016 for the March 21, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement and Addendums between The City of Milton and Halftime Sports, LLC. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Halftime Sports, LLC. Executive Summary: Halftime Sports, LLC. provides the City with our youth basketball programming. This program will offer leagues and camps throughout the year out of Hopewell Middle School, Cogburn Woods Elementary School and Northwestern Middle School. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another youth basketball program provider. Legal Review: Elizabeth Whitworth – Jarrard & Davis, November 10, 2015 (Contract Template) Concurrent Review: Steven Krokoff, Interim City Manager Page 2 of 2 Attachment(s): 1) Parks and Recreation Department Facility Use Agreement and addendums between The City of Milton and Halftime Sports, LLC. CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2016, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and 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 YOUTH BASKETBALL LEAGUES & CAMPS at the following locations: HOPEWELL MIDDLE SCHOOL, NORTHWESTERN MIDDLE SCHOOL AND COGBURN WOODS ELEMENTARY SCHOOL. 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 (hereinafter referred to as the "Department") or his designee, will coordinate to schedule the program schedule, which schedule will be approved by Department Director, or his designee, at its sole discretion. PROVIDER agrees to submit a Program Request Form to the City's Recreation Program Manager (hereinafter "Manager') for each program being proposed eight (8) weeks prior to the beginning of each program session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON and ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or 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 but not limited to 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 improper/prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment 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. 2 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"), which must be completed and executed by for all the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed 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. 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, if applicable. 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." 4 ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 30% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 70% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. 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 and then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment by PROVIDER to City 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 5 CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 6.0 Insurance 6.1 City shall not have any insurance obligations related to this Agreement, and 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. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided 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 must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit — each occurrence $2,000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: 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; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 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 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. 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 at the close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met or the CITY is otherwise unsatisfied with the program in its sole discretion. 7 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2016, 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 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission or surcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any other rights and remedies provided under this Agreement or at law or in equity. ARTICLE 8.0 Indemnification 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Parry" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor 0 or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a parry indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Parry. 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 parry or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER 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 PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 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. 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 by each parry with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 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 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. 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. 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representative(s) to audit, examine, and 10 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. 10.9 All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and kIAI � l�mc; SWWp for the PROVIDER. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: 4, 0-O(Ccn/�� 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 10.11 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER 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 PROVIDER's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly 11 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, and that they will continue to use the federal work authorization program throughout the contract period. The PROVIDER 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. Further, PROVIDER 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 PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER 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. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to 0.C.G.A. § 13-10-91, the PROVIDER 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. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being 12 construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 10.13 Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable . 10.16 Neither the CITY nor PROVIDER shall be liable for its 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 its respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 13 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 CITY: JOE LOCKWOOD, MAYOR PROVIDER: J "(— Print MA t;iNkA I • cle one) residen / Vice President (Corporation) a Partner (Partnership/ Limited Partnership) Member/ Manager (LLC) [CORPORATE SEAL] (required if corporation) ATTEST: Print: �y.n 1 Its: pi -c ko'l lii�4�il�rs�� �/�t1 �¢r�r� �; c �•s� (Assistant) Corporate Secretary (required if corporation) 14 EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] 15 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: 15th Annual Hoops City Basketball Camp Series/Fall Sunday Basketball Program/Winter Recreation Basketball League 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: Summer Camps; June 6-10; June 13-17; June 20-24; June 27 -July 1; July 11-15; July 18-22, 2016 Fall Sunday Basketball Program: August 14th — October 9th (Excluding Labor Day Weekend) Winter Recreation Basketball League: December 3 — February 25, 2017 Program Fee: $100 - $199 Program Enrollment: Minimum 20 Maximum 80 Materials to be supplied by participants: Basketball Training Materials to be supplied by PROVIDER: Basketball Training Materials to be supplied by the City of MILTON: Advertising and Marketing of camps Additional Program Requirements: Every camper/parent must sign a waiver form and provide insurance PROVIDER (`s) Name: Halftime Sports, LLC Address: 12460 Crabapple Road, #337 City/State/Zip Code: Alpharetta, Georgia 30004 Phone Number: (Day) 770-751-6674 (Cell) 404-429-1584 (E-mail): 'thehoop@bellsouth.r«, (Fax) Minimum Reauirements: 1,000,000 General Liability Insurance Office Use Only. - Program Rate:$ # of programs in Session: 5 Fee/Program: City of Milton in partnership with Halftime Sports is proud to present the �Annum 1i001)S ULV tsusr:ewu,i +Lunn. series. We are committed to helping campers improve their individual basketball skills in all areas of the game. Camps focus on elevating skill, creating an environment of encouragement & success, fun, and confidence. Our professional coaches will help attain your player's basketball goals. June 6 — 10, 2016 Dale Ellis Shooting Camp Ages: 5-16 Boys & Girls Level: Beginners to advance Time: 9-2:30p Come learn from one of the Best Shooters to ever grace the NBA hardwoods.... Dale Ellis. Former NBA Star, Dale Ellis will be in attendance working with players, signing autographs, and teaching campers the basics of proper shooting and scoring. Come learn Dale's infamous jumper and how to score against the best. June 13 — 17, 2016 Drills & Skills Camp Ages: 5-14 Boys & Girls Level: Beginners to advance Time: 9-2:30p Join our team, along with the Halftime Sports Street Team in a week of exciting basketball. Campers will work on shooting, passing, rebounding, defense, offensive moves, team play, and lots more, along with experiencing the NBA Skills Stations. Campers will receive excellent instruction as well as a Verizon hoops gift packet. June 20 - 24, 2016 It's Just FUNdamentals Camp Ages: 5-16 Boys & Girls Level: Beginners to advance Time: 9-2:30p Each camper will receive more instructions of fundamentals and more chances to improve their skills than anywhere else in Georgia. The daily format will include instructions on fundamentals, clinics and team play that will leave any camper with renewed energy and enthusiasm. June 27—July 1, 2016 1,000 Shot Club Camp Ages: 5-16 Boys & Girls Level: Beginners to advance Time: 9-2:30p Each camper will work on shot development, form shooting, shooting off the dribble, shooting off screens, and lots more. Halftime Sports Street Team will be on-site putting our campers through actual NBA Skills Stations. Campers will receive Microsoft camp packet. Camp will be high energy, fun and unlike any other camp experience. July 11— 15, 2016 Starting 5 Basketball Camp Ages: 5-16 Boys & Girls Level: Beginners to advance Time: 9-2:30p This skill development camp will turn you into an all-around scorer, defender and prepare you for your upcoming season. Classroom and on the court training for kids of all ages. Increase speed, agility, becoming a "lock down" defender, improving mid-range game and more. July 18 — 22, 2016 Hoops 2 Dunk Cancer Basketball Camp Ages: 5-16 Boys & Girls Level: Beginners to advance Time: 9-2:30p This unique basketball camp is to raise awareness to this dreaded disease (Cancer) while teaching student -athletes different facets of the game of basketball. Campers will learn self -visualization techniques, passing, home practice drills, tournament play, rebounding, defense, essentials of a good shooter and more. Minimum Number for each camp: 20 Gym: Location must be open one (1) hour prior to start time (for set-up, etc.) One (1) table for registration (Check In) and two (2) chairs Area available for storage (basketball, table throws, clock, awards, etc.) Camp Fee's: $199 (Multiple Camper & Camp discounts available) Sign up today at ,n1w.halftirnesports.n, or contact us at 770-751-6674 verizoW SPORTS AUTHORITY �OWEQ 114 oI?RDE e CARL BLACK ROSWELL - C .unoN 770-751-6674 �pPRTS X37 Fall Sunday Basketball Program A!impst 14 - Octohs r 9, 2016 Boys & Cirls 0d� Location: Hopewell Middle School Ps 55`0(% 8 exciting weeks for only $199 FUN Q,O�nacres Sign up az www.naittimesports.net Prepare 4 Feeder or Rec Season .�'_ Excellent Training Games Fun Pre Season Camp Coaches Clinic Saturday Games Great atmosphet /4111111111114, ILA 5�R-T_ Winter Recreation Basketball League Boys & Girls K-12 Players will have an opportunity to play @ Philips Arena (Atlanta Hawks) or McCarnish Pavilion (GA Tech) Only eA C Re istration• 8124 -10/5 Sign up Today @ www.halftimesports.net 770-751-6674 g I1 I Limited Space I L" EXIMIT "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, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. Executed on / `7� 201 fv in(City), &q_(state). 7lT Date of Authorization c Signature of Authorized fficer or Agent Name of Contractor /1 Printed Name and Title of Authorized Officer or Name of Project Agent Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE — i`7 DAY OF Fe,h r va y 201 . NOTARY PUBLIC [NOTARY SEAL] 17 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, firm or corporation which is engaged in the physical performance of services under a contract with 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: I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. Date of Authorization Name of Contractor Name of Project Name of Public Employer Executed on c b . , jam, 201 6 in (city), G A. (state). ) Signature of Authorize er or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ! rJ DAY OF Atl AAA A 14' A on i NOTARY PUBLIC [NOTARY SEAL My Commission O C7 n 3 C7 D O w a D m m � Mu cn CD z Wr- RL o "' 0 N 'p -i CD MCZ m�� o Q CO o m D = 2 �> C D�-o p N o m to o—,\)DD = c,� i 0 (A D o�'� -ODS rn Z CD O �- q �7r -ml0mm r -I O C ,(o Z3 N FF1 r"m �' r -I z O > Cl) col: oo m i- O -I O o r 01 cn � m C a C n Z (D Cl) . N O Cz- K) CA Cr ��� �. rn > Cm n D o cr _ N '- CA) CD m (D cr -0 N fD 0 CD Q z c CD r 1 z C7 3 CD n W yCD C Cn CDv Control No.: 14027050 Secretary of State Corporations Division 313 West Tower #2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 jVF1 11 1 1 1, . 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. V, oG j COO' 1776 Tracking #: XsWT3NeO WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on March 19, 2014 aim Brian P. Kemp Secretary of State STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower 2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 ANNUAL REGISTRATION *Electronically Filed* Secretary of State Filing Date: 2/17/2016 11:32:25 AM BUSINESS INFORMATION CONTROL NUMBER 14027050 BUSINESS NAME Halftime Sports, LLC BUSINESS TYPE Domestic Limited Liability Company EFFECTIVE DATE 02/17/2016 PRINCIPAL OFFICE ADDRESS ADDRESS 12130 Brookmill Point, Alpharetta, USA REGISTERED AGENT'S NAME AND ADDRESS NAME ADDRESS Kim Coleman 12130 Brookmill Point, Fulton, Alpharetta, GA, 30004, USA AUTHORIZER INFORMATION AUTHORIZER SIGNATURE Mr. Kim G. Coleman AUTHORIZER TITLE Authorized Person Brian P. Kentp l Secretary of State STATE OF GEORGIA Secretaryofof State tl a z Corporations Division it 313 West Tower -a. 2 Martin Luther King, Jr. Dr. f 77Y >=ter Atlanta, Georgia 30334-1530 Secretary of State, Brian P. Kemp Billing Information , GA, USA Product Description Receipt Number Order Date Item Cost Expedited Total Annual Registration 12781588 02/17/2016 $50.00 $0.00 $50.00 Halftime Sports, LLC Control #: 14027050 Shipped via: Online Invoice Total: $50.00 Payment Information Payment for $50.00 from Web with Credit Card - American Express Payment Address 12460 Crabapple Road 12460 Crabapple Road, Georgia, United States - 30004 Mailing Address - Corporation Division, GA Secretary of State: 2 MLK, Jr. Dr.Suite 313, Floyd West Tower, Atlanta, Georgia 30334-1530 Phone: (404) 656-2817 1 Website: , (IRS USE ONLY) 575G 03-18-2014 COLE 0 9999999999 SS -4 Keep this part for your records. CP 575 G (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 G Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 03-18-2014 ( ) - EMPLOYER IDENTIFICATION NUMBER: 46-5116930 FORM: SS -4 NOBOD INTERNAL REVENUE SERVICE KIM G COLEMAN CINCINNATI OH 45999-0023 HALFTIME SPORTS III III ALIII1I11LI11IJf1II„11111111LL11I,1,1„1 12460 CRABAPPLE RD ALPHARETTA, GA 30004 ACORD-. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/16/2015 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 Caroline Florez NAME: Ascension Benefits & Insurance Solutions 9225 Indian Creek Parkway, Suite 700 Overland Park Kansas 66210ADDRESS: PHONE: 800-955-1991 FAx: (Arc, No): 913-327-0201 A/C, No. Ext programs@ascensionins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Nationwide Mutual Insurance Company 23787 INSURED INSURER B: Halftime Sports 12460 Crabapple Road, #337 Alpharetta, GA 30004 A Member of the Sports, Leisure & Entertainment RPG INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: W00605061 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MmIDO LIMITS A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000005726200 03/27/2015 03/27/2016 EACH OCCURRENCE $1,000,00 CLAIMS MADE X OCCUR 12:01 AM ED 12:01 AM DAMAGE TO RENTED $300,00 PREMISES Ea occurrence MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $1,000,00 GEN ;AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE POLICY ❑ PRO LOC JECT $5.000.00d PRODUCTS-COMP/OP AGG $1,000,00 PROFESSIONAL LIABILITY $1,000,000 OTHER LEGAL LIAR TO PARTICIPANTS $1,000,00 A AUTOMOBILE LIABILITY 6BRPG0000005726200 03/27/2015 12:01 AM EDT 03/27/2016 12:01 AM COMBINED SINGLE LIMIT $1,000,00 Ea Accident BODILY INJURY (Per person) ANY AUTO SCHEDULED ALL OWNED AUTOS UTOS BODILY INJURY (Per accident) X HIRED AUTOSX NON -OWNED AUTOS PROPERTY DAMAGE Per accident X Not provided while in Hawaii UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER STATUTE OTHER ANY PROPRIETORSHIP/PARTNER/ EXECUTIVE OFFICERIMEMBER EXCLUDED? N / A E.L. EACH ACCIDENT E.L. DISEASE — EA EMPLOYEE (Mandatory in NH) If yes, describe under E.L. DISEASE — POLICY LIMIT DESCRIPTION OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS 6BRPG0000005726200 03/27/2015 03/27/2016 PRIMARY MEDICAL EXCESS MEDICAL $250,000 12:01 AM ED 12:01 AM DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Legal Liability to Participants (LLP) limit is a per occurrence limit. Sport(s): Basketball Age(s): 12 and under, 13-15, 16-19 The certificate holder is added as an additional insured, but only for liability caused, in whole or in part, by the acts or omissions of the named insured. GtYG 1if-ILA it MULUr-K GANGCLLAI IUN City of Milton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Owner/Lessor of Premises) 'Coverage is only extended to U.S. events and activities. ** NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD @ 1988-2014 ACORD CORPORATION. All rights reserved. 1b TO: FROM: HOME OF ' sq ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 10, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement and Addendums between the City of Milton and FITT2U, Inc. MEETING DATE: Monday, March 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED CITY ATTORNEY APPROVAL REQUIRED: (41ES CITY ATTORNEY REVIEW REQUIRED: (�ES APPROVAL BY CITY ATTORNEY (�PPROVED PLACED ON AGENDA FOR: REMARKS (J NOT APPROVED (JNO (JNO (J NOT APPROVED 9110youllin PHONE: 678.242.25001FAX: 678.242.2499 Green certified* info@cityofmiltonga.us I www.cityofmiltonga.us WILDLIFE Community E,f t .,, a <<i 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 March 1, 2016 for the March 21, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement and Addendums between The City of Milton and FITT2U, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and FITT2U, Inc. Executive Summary: FITT2U, Inc. provides the City with a variety of fitness programming. This program will offer its classes at the Bethwell Community Center year-round. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another fitness instructor. Legal Review: Elizabeth Whitworth – Jarrard & Davis, November 10, 2015 (Contract Template) Concurrent Review: Steven Krokoff, Interim City Manager Page 2 of 2 Attachment(s): 1) Parks and Recreation Department Facility Use Agreement and addendums between The City of Milton and FITT2U, Inc. CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of , 2016, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY." and FITT2U 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 at the following locations: 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 (hereinafter referred to as the "Department") or his designee, will coordinate to schedule the program schedule, which schedule will be approved by Department Director, or his designee, at its sole discretion. PROVIDER agrees to submit a Program Request Form to the City's Recreation Program Manager (hereinafter "Manager') for each program being proposed eight (8) weeks prior to the beginning of each program session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON and ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or 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 but not limited to 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 improper/prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment 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. 2 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"), which must be completed and executed by for all the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed 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. 1.18 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 3 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, if applicable. 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." 4 ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 30% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 70% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. 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 and then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment by PROVIDER to City 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 5 CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 6.0 Insurance 6.1 City shall not have any insurance obligations related to this Agreement, and 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. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided 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 must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, 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: Ci $1,000,000 Combined Single Limit — each occurrence $2,000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: 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; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 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 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. 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 at the close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met or the CITY is otherwise unsatisfied with the program in its sole discretion. 7 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2016, 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 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission or surcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any other rights and remedies provided under this Agreement or at law or in equity. ARTICLE 8.0 Indemnification 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor N or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. 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 an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER 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 PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 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. 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 by each party with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 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 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. 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. 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representative(s) to audit, examine, and 10 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. 10.9 All communications relating to the day-to-day activities f the program shall be exchanged between TOM MCKLVEEN for the CITY and _ ( C, for the PROVIDER. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: t �� °c � z � ,l ce l sowcI 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 10.11 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER 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 PROVIDER's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly 11 known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in 0.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period. The PROVIDER 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. Further, PROVIDER 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 PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER 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. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. _" Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER 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 PROVIDER 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. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being 12 construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 10.13 Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 10.16 Neither the CITY nor PROVIDER shall be liable for its 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 its respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 13 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 CITY: JOE LOCKWOOD, MAYOR PROVIDER: _Lcircle one) Member/ Manager (LLC) [CORPORATE SEAL] (required if corporation) ATTEST: �A i Print: N' I C��C Its. S (Assistant) Corporate Secretary (required if corporation) lig JM Ck016eN 15 Partnership) EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] 15 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: Pound -Pound is an exercise session that combines light weight with constant simulated drumming, integrating lightly weighted drumsticks (Ripstix) to activate your core, back and legs. Participant Ages: _14 - 65 Day/s of the week program is offered: M -F Time of Program: varies Program Dates: January, 1 2016 to December 31, 2016 Program Fee: Class Pricing: Single Class- $15; 5 Class Pass - $65; 10 Class Pass -$118 20 Class Pass- $189,; ; 1 Month Unlimited- $109; 3 Month Unlimited -$239; Program Enrollment: Minimum _4 Materials N/A to be - Maximum - 25 -supplied by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Same Number: (Day) 678-640-6816 (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$_ 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 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: 9:45-10:45a, 5:15- 6:15p Program Dates: January, 1 2016 to December 31, 201 Program Fee: Class Pricing: Single Class- $15 ; 5 Class Pass - $65; 10 Class Pass -$109; 20 Class Pass- $189,;; 1 Month Unlimited- $99; 3 Month Unlimited -$239 Program Enrollment: Minimum _4 Materials to be N/A - Maximum - 25 -supplied by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional N/ Program PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jerniga Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) Same (E-mail): _michelleLjernigan@gmail.com Minimum Requirements: 1,000,000 General Liability Insurance 678-640-6816 Office Use Only. - Program Rate:$_ S Requirements: (Evening) (Fax) _None_ # of programs in Session: Fee/Program: No Text 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 2016 to December 31, 2016 Program Fee: Class Pricing: Single Class- $15; 5 Class Pass - $65; 10 Class Pass -$109; 20 Class Pass- $189; 1 Month Unlimited- $109; 3 Month Unlimited -$249 Program Enrollment: Minimum _4_ Materials to be N/A Maximum -2 5 supplied by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Same Number: (Day) 678-640-6816 (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$_ S (Evening) # of programs in Session: Fee/Program: No Text 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 Pound Fusion 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 -11:30a, TR: 9:45-10:45a, 5:15- 6:15p Program Dates: January, 1 2016 Program Fee: Class Pricing: to December 31, 2016 Single Class- $15 ; 5 Class Pass - $65; 10 Class Pass -$109; 20 Class Pass- $189,;; 1 Month Unlimited- $109; 3 Month Unlimited -$249 Program Enrollment: Minimum _4 Maximum_25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Minimum Reauirements: 1,000,000 General Liability Insurance Office Use Oniy.• Program Rate:$_ (Evening) # of programs in Session: Fee/Program: I&A I iia Y w.11% 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 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 -11:30a, TR: 9:45-10:45a, 5:15- 6:15p Program Dates: January, 1 2016 to December 31, 2016 Program Fee: Class Pricing: Single Class- $15; 5 Class Pass - $65; 10 Class Pass -$109; 20 Class Pass- $189,;; 1 Month Unlimited- $109; 3 Month Unlimited -$249 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 3 60,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only (Evening) Program Rate:$ # 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: vinyasa Flow Yoga 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 -11:30a, TR: 9:45-10:45a, 5:15- 6:15p Program Dates: January, 1 2016 to December 31, 2016 Program Fee: Class Pricing: Single Class- $15 ; 5 Class Pass - $65; 10 Class Pass -$109; 20 Class Pass- $189,;; 1 Month Unlimited- $109; 3 Month Unlimited -$249 Program Enrollment: Minimum _4 Maximum_25 Materials to be supplied N/ by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional N/ Program PROVIDER (s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Same Number: (Day) 678-640-6816 (E-mail): _michelleLjernigan@gmail.com (F;jx) _None_ Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$_ 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: Tabata 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 -11:30a, TR: 9:45-10:45a, 5:15- 6:15p Program Dates: January, 1 2016 to December 31, 2016 Program Fee: class Pricing: Single Class- $15; 5 Class Pass - $65; 10 Class Pass -$109; 20 Class Pass- $189,;; 1 Month Unlimited- $109; 3 Month Unlimited -$249 Program Enrollment: Minimum _4 Maximum_25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.• Program Rate:$_ 5 (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 wil/ 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: _M/T/W/TR/F_ Time of Program: M:10:30 to11:30a, T:5:15 -6:15p, W:10 -11:30a, TR: 9:45-10:45a, 5:15- 6:15p Program Dates: January, 1 2016 to December 31, 2016 Program Fee: Class Pricing: Single Class- $15 ; 5 Class Pass - $65; 10 Class Pass -$109; 20 Class Pass- $189,;; 1 Month Unlimited- $109; 3 Month Unlimited -$249 Program Enrollment: Minimum _4 Maximum -25 Materials to be supplied by participants: N/A Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/A PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Number: (Day) 678-640-6816 Same (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.• Program Rate:$_ 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: 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 -11:30a, TR: 9:45-10:45a, 5:15- 6:15p Program Dates: January, 1 2016 to December 31, 2016 Program Fee: Class Pricing: Single Class- $15; 5 Class Pass - $65; 10 Class Pass -$109; 20 Class Pass- $189,;; 1 Month Unlimited- $109; 3 Month Unlimited -$249 Program Enrollment: Minimum _4 Materials to be N/A - Maximum - 25 -supplied by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/A PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Same Number: (Day) 678-640-6816 (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$_ 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 Sculpt Participant Ages: _14 - 65 Day/s of the week program is offered: _M/T/W/TR/F_ Time of Program: M:10:30 tot 1:30a, T:5:15 -6:15p, W:10 -11:30a, TR: 9:45-10:45a, 5:15- 6:15p Program Dates: January, 1 2016 Program Fee: Class Pricing: to December 31, 2016 Single Class- $15; 5 Class Pass - $65; 10 Class Pass -$109; 20 Class Pass- $189,;; 1 Month Unlimited- $109; 3 Month Unlimited -$249 Program Enrollment: Minimum _4 Materials N/A to be - Maximum - 25 -supplied by participants: Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/ PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Same Number: (Day) 678-640-6816 (E-mail): _michelleLjernigan@gmail.com (Fax) _None_ Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$_ 5 (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: Core Power Yoga 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 -11:30a, TR: 9:45-10:45a, 5:15- 6:15p Program Dates: January, 1 2016 to December 31, 2016 Program Fee: Class Pricing: Single Class- $15; 5 Class Pass - $65; 10 Class Pass -$109; 20 Class Pass- $189,;; 1 Month Unlimited- $109; 3 Month Unlimited -$249 Program Enrollment: Minimum _4 Maximum_25 Materials to be supplied by participants: N/ Materials to be supplied by PROVIDER: _All Fitness Equipment_: Bender Balls, Yoga Mats, Yoga Blankets, Weights, Ballet Barre, Pilates Ring, Bands, Bosu, step 360,_fitness balls Materials to be supplied by the City of MILTON: _N/A Additional Program Requirements: N/A PROVIDER (`s)Name: _Fitt2u, Inc. - Michelle Jernigan Address: _4120 Providence Sq. City/State/Zip Code: _Alpharetta, GA 30009 Phone Same Number: (Day) 678-640-6816 (E-mail): —michel[eLjernigan@gmaii.com Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only Program Rate:$_ S (Evening) (Fax) _None_ # of programs in Session: Fee/Program: 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, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Concession Stand Operations Name of Project City of Milton Name of Public Employer 18 I hereby declare under penalty of perjury that the foregoing is true and correct. �. Executed on le hr L(L, 201L in, C� (city), -&k(state).c Sign tur�Au hori fficer or nt C 1117 Printed Name and Title of -Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE t G DAY OF —Ee,201b. _ NAY PUBLIC rs"WL4 NOT ' [NOTARY SEAL] (; y SI�7d' My Commission Expires: G I G 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, firm or corporation which is engaged in the physical performance of services under a contract with '1116 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 Concession Stand Operations 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 �ek,_, JL, 201 � in ' I P � ty KfC, <_ (state). r fit, �-- Sign ture of Authoriz . ' Officer o Agent Printed Name and Title ol Authorized Officer or Agent SUBSCRIBED AN��` SWORN BEFORE ME ON THIS THE �V DAY OF - ,201 N PUBLIC [NOTARY SEAL] My Commission Expires: 9 - G - /& OFFICER INFORMATION Name Michelle Jernigan, Lee ..................................................... MICHELLE JERNIGAN .......... ............-- ........... ................ MICHELLE JERNIGAN ...................................................... MICHELLE JERNIGAN ........._..-- I [Back] Title Business Address 4120 Providence Sq, Alpharetta, GA, 30009, USA ........................... ....................... ............................. -........... ................... ...................................... Secretary 4120 Providence Sq, ALPHARETTA, GA, .30009, USA ................... ............. --............... .................... ........................................ .,........ CEO 4120 Providence Sq, ALPHARETTA, GA, 30009, USA .... ............................... ............................ ................... ............... ............. ..-........... ......................... CFO 4120 Providence Sq, ALPHARETTA, GA, 30009, USA ........... -......................._..........................................._..__ [Filing History][Name History][Return to Business Search] Michelle Jernigan, NASM, ACE, AFAA Realtor, Berkshire Hathaway HomeServices, Georgia Tabata Bootcamp Elite Master Trainer and Mentor Barre Above Master Trainer Certified Group Fitness, Yoga and Pilates Instructor Certified Personal Trainer AHA- BLS Instructor Authorized Fitness Provider - City of Milton www.michelle3fitness.com like our Facebook page: Bethwell Milton Mind/Body Fitness and Michel leJFitness FA JERNMI1 OP ID: B5 ...-".�. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ADDL INSD 04/02!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 InterWest Insurance Services License #01301094 P.O. Box 8110 Chico, CA 95927-8110 CONTACT NAME: Bobbie Been PHONE AIC No Ext : 530-895-1010 ac No ; 530-895-1313 a DARESS: bbeeny@iwins.com INSURER(S) AFFORDING COVERAGE NAIC # ACE Program INSURERA:Philadelphia Ind. Ins. Co. 18058 INSURED Michelle Jernigan 4120 Providence Square Alpharetta, GA 30009 INSURER B INSURERC: INSURER 0: CLAIMS INSURER E: INSURER F: — r REVISION NI IMRFR- 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 Sl1CH POI ICIER I MAITC curnnrnl hAAV uavc oc=r.i 0-1 —. FN _SR LTR TYPEOFINSURANCE ADDL INSD UBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS X PHPK1173620 EACH OCCURRENCE $ 1,000,000 DAMA ET RENTED PREMISES Ea occurrence $ 100,000 -MED -MADE OCCUR 04/19/2015 04/19/2016 X Prof Liability PER FORM PIHF1 11/95 04/19/2015 04/19/2016 EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: � PRO- GENERAL AGGREGATE $ 3,000,000 PRODUCTS -COMP/OP AGG $ 3,000,000 POLICY JECT LOC ❑ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident - - $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? El N / A (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Abuse/Molestation PHPK1173620 04/19/2015 04/19/2016 Each Occ 100,000 Aggregate 300,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 'ertholder is added as add'I insured but only with respect to the operations )f the named insured except for liability resulting from the add'1 insured's ;ole negligence when required by written contract per form attached. < I iFiC:A I E HOLDER C113000 City of Milton 13000 Dearfield Parkway #107 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Milton, GA 30004 AUTHORIZED REPRESENTATIVE 4CORD 25 (2014/01) A�'`°--- ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1173620 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 40 9 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): City of Milton 143000 Deerfield Parkway #107 Milton, GA 30004 Information required to complete this Schedule if not shown above, will be shown in the Declarations A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or.agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. shall not increase the Insurance shown in the CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POST IN -A CITY 0F.A. PHARE . RETTA PARK FLAZ) 678-297-6086 1 Address-I� 4120 MOVIDENCE'SQU AREC"ty:State .I Zi Phone Nu ber:67.&-6.40 6816P:ALPHARETTA-GA;g6od9 Comments :::. EXEC UTIV' OFFICE R_ Classification: HOME BASED I Date Issued ssue 015 FITT20 INC...:. 4120 PROVIDENCE SQUAR>=. ALPHARETTA 8 AMQ09� ---- _----- _This -Ucense_is_N -0-T—Transferable-and-subject-to-be--REV-OKED-if-abused-------------.--- ;0FIDA LLICV tylerbusinessforrns.com 877.749.2090 9 TO: FROM: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 11, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and the Georgia Bureau of Investigation (GBI), Regarding a Memorandum of Understanding (MOU) and an Equipment Agreement Relating to the Startup of a Georgia Internet Crimes Against Children Task Force (ICAC) in the City of Milton Police Department. MEETING DATE: Monday, March 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�IAPPROVED CITY ATTORNEY APPROVAL REQUIRED: (OES CITY ATTORNEY REVIEW REQUIRED: (.,K�ES APPROVAL BY CITY ATTORNEY (),,, PROVED PLACED ON AGENDA FOR: 05121) ZOIC REMARKS (J NOT APPROVED (J NO (J NO (J NOT APPROVED ® Your *** PHONE: 678.242.25001 FAX: 678.242.2499 riEC *Ceruhrdt 7oP1yD info@@ciItyofmiltonga.us I www.cityofmiltonga.us ��'� Community Ethics r 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ""'''®`` Page 1 of 2 To: Honorable Mayor and City Council Members From: John A. Huey III, Police Captain Date: Submitted on March 11, 2016 for the March 21st Regular City Council Meeting. Agenda Item: Approval of an Agreement between the City of Milton and the Georgia Bureau of Investigation (GBI), Regarding a Memorandum of Understanding (MOU) and an Equipment Agreement Relating to the Startup of a Georgia Internet Crimes Against Children Task Force (ICAC) in the City of Milton Police Department. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: It is the intention of the Milton Police Department’s Criminal Investigations Unit to partner with the Georgia Bureau of Investigations (GBI) Internet Crimes Against Children Task Force (ICAC). The Milton Police Department agrees to conduct internet crimes against children investigations following the procedures of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) Internet Crime Against Children Task Force Board of Directors’ protocol. The Milton Police Department will have sole discretion in deciding what investigations to initiate, the personnel assigned to the investigation and the methods used to conduct the investigation, except only sworn personnel trained to conduct on-line proactive investigations will be assigned to these cases. The mission of the ICAC Task Force program is to assist state and local law enforcement agencies in developing an effective response to cyber enticement and child pornography cases. The Internet Crimes Against Children (ICAC) program is a national network of coordinated state and local task forces engaged in proactive investigations, forensic examinations, effective prosecutions and community education. The ICAC program was developed in response to the increasing number of children and teenagers using the Internet, the proliferation of child pornography, and the heightened online activity by predators searching for unsupervised contact with underage victims. By helping state and local law enforcement agencies develop effective and sustainable responses to online child victimization and child pornography, the ICAC program delivers national resources at the local level. In addition, the ICAC program believes that building partnerships will reduce child victimization, locally, in the United States and internationally. Funding and Fiscal Impact: Page 2 of 2 There is no funding or fiscal impact incurred by the City of Milton. The Milton Police Department is provided with the equipment required for the sole purpose of conducting Internet Crimes Against Children investigations within their jurisdictional boundary. This equipment, which includes a computer, monitor, keyboard, mouse, as well as, investigative and forensic software, was purchased by the GBI using U.S. Department of Justice, Office of Juvenile Justice Delinquency Prevention (OJJDP) grant funds for the Georgia Internet Crimes Against Children Task Force (GICACTF). This equipment will remain the property of the GICACTF and is being loaned to the Milton Police Department for use in Internet crimes against children investigations. The equipment must be made available by the Associate Member Agency for inspection by the GBI, the Department of Justice, or a representative of the ICAC Board of Director’s anytime requested. Alternatives: Continue without an ICAC task force and the related training and equipment that is furnished to the department. Legal Review: Sam P. Van Volkenburgh, Attorney, Jarrard & Davis, LLP (February 26, 2016) Concurrent Review: Steven Krokoff, Interim City Manager Attachment(s): Georgia Internet Crimes Against Children Task Force (ICAC) Memorandum of Understanding (MOU) Georgia Internet Crimes Against Children Task Force (ICAC) Equipment Agreement Georgia Internet Crimes Against Children Task Force 1 of 3 Memorandum of Understanding Parties The Georgia Internet Crimes Against Children (ICAC) Task Force is a partially grant -funded, multi-agency endeavor. Grant funding comes from the Department of Justice (DOJ), Office of Juvenile Justice and Delinquency Prevention (OJJDP). This Memorandum of Understanding (MOU) is entered into by and between the following entities: The City of Milton, Georgia and the Georgia Bureau of Investigation Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation that exists between the participating agencies. Mission The mission of the Georgia ICAC Task Force is to apprehend and prosecute individuals who exploit children through the use of computers or other digital media. The Task Force will investigate crimes involving Internet sexual predators, to include human trafficking, specifically the commercial sexual exploitation of children, as well as, investigating current sex offenders to ensure compliance under their parole/probation conditions. The Task Force will produce high- quality investigations leading to successful prosecutions of suspects that commit these types of crimes. The Task Force will participate in community education efforts regarding the prevention of Internet Crimes Against Children. The Task Force will provide funding for investigative training and equipment to member-agencies. Purpose The purpose of this MOU is to delineate the responsibilities of the Georgia ICAC Task Force, maximize inter-agency cooperation, and formalize relationships between member-agencies. The Task Force will investigate suspects who utilize the Internet to seek children as sexual partners and/or who traffic in child pornography. The Task Force will also partner with other state law enforcement agencies, as well as, other affiliate agencies, to combat human trafficking of children in the State of Georgia. Specific ICAC crimes include Sexual exploitation of a child, Georgia Code 16-12-100. Under Federal law, sexual exploitation of children is described in Title 18, Chapter 110. This MOU does not prohibit the investigation of other Internet crimes against children. Organizational Structure The Georgia ICAC Task Force includes police officers, investigators, forensic computer specialists and supervisors, as well as, prosecutors from various local, state, and federal law enforcement agencies who provide assistance subject to availability. Direction All participants acknowledge that the Task Force is a joint operation in which all agencies act as partners. The chain of command and supervision of the Georgia Bureau of Investigation, Child Georgia Internet Crimes Against Children Task Force 2 of 3 Exploitation and Computer Crimes Unit is responsible for the policy and general direction of the Task Force. The Task Force supervisor will periodically contact supervisors and investigators from other participating agencies to keep them informed of training opportunities, unusual circumstances, intelligence information, as well as, the problems and successes of the Task Force. Activities of the ICAC Task Force are further governed by the Operational and Investigative standards of the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention. The document describing the Operational and Investigative Standards contains confidential information not for public release. Member agencies must understand and comply with the standards. The standards are proprietary to OJJDP and the ICAC Working Group. Release of the standards is protected because release will likely jeopardize ongoing investigations. The standards are attached as “Attachment A.” Supervision The day-to-day operational supervision and administrative control of the Task Force is the responsibility of the ICAC Task Force Special Agent in Charge and the Assistant Special Agent in Charge, assigned to the Georgia Bureau of Investigation, Child Exploitation and Computer Crimes Unit (GBI/CEACC). These supervisors will work cooperatively with other supervisors and investigators from the participating agencies to keep them informed of Task Force issues and progress. Responsibility for the personal and professional conduct of Task Force members remains with the respective agencies, in keeping with each agencies rules regarding conduct. Investigations All Georgia ICAC Task Force investigations will be conducted in a spirit of cooperation. Investigations will follow guidelines established by each agency's respective policy manual or guidelines. This MOU is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in Task Force investigations are not in the best interest of the Task Force. Prosecution The criteria for determining whether to prosecute a particular violation in state or federal court will focus on achieving the greatest overall benefit to the public. Any question arising pertaining to jurisdiction will be resolved through discussions among the investigative and prosecutorial agencies having jurisdiction in the matter. When joint jurisdiction exists, this MOU does not preclude additional prosecution(s) in other jurisdictions. Media Relations and Releases Media release information regarding joint Task Force operations will be coordinated and made jointly by all participant agencies. No unilateral press releases will be made by any participating agency without the prior approval of the other participants. No information pertaining to the Task Force will be released to the media without the approval of participant agencies. Media releases shall not include information regarding specific investigative techniques. All efforts will be made to protect undercover on-line identities. Member agencies will refrain from releasing the undercover on-line identity, age, or sex of investigators. Release of such information could jeopardize ongoing investigations where the same undercover name, age and sex are currently in use. Georgia Internet Crimes Against Children Task Force 3 of 3 Here is an example of an information release involving an undercover on-line luring case: Internet Sexual Predator Arrest – Georgia ICAC Task Force Tuesday, July 1, 2003, 1040 hours. Arrested person: John Doe, w/m, 01/01/60 (booked) Offense: Sexual exploitation of a child, On Tuesday, July 01, 2003, unemployed suspect John Doe used the Internet on a computer at his home to arrange to meet a minor child for sex. He then traveled to a pre-arranged meeting location in Atlanta where he was arrested at 1040 hours. A search warrant was served at Doe's home and evidence was seized. Funding for Equipment ICAC grant funds may be used to provide equipment to Task Force participants to be used in the course of investigations involving Internet crimes against children. The equipment shall be distributed to equip law enforcement with tools that will improve the investigative process. This equipment would include a desktop or laptop computer, as well as, other computer forensic equipment, to include cell phone forensic equipment, upon request and approval of the ICAC TF supervisor. Member agencies utilizing ICAC equipment agree to conduct investigations of crimes against children as required within their jurisdictions and accordance with ICAC standards. Any repairs to the equipment will be made by the sub-grantee agency. Once the equipment fails to operate and is not repairable, the equipment will be surplused according to the policies of the sub-grantee agency. The sub-grantee will notify the GBI/CEACC in writing once the equipment is surplused. Funding for Training ICAC grant funds may be used to provide training that would be useful in the investigation of Internet crimes against children. The training will permit Task Force participants to gain the knowledge and skills needed to investigate Internet crimes against children. Member agencies receiving ICAC funded training agree to conduct investigations of crimes against children as required within their jurisdictions. Duration and Termination This MOU will remain in effect for a minimum two-year period beginning on the last date of signing listed below. Renewal of the agreement will be automatic unless the agreement is terminated by either party. Task Force member agencies may voluntarily withdraw participation at any time by providing written notice. Membership may be terminated by written notice of violation of ICAC operational and investigative standards. __________________________ _________________________(City Mayor) For the Georgia Bureau of Investigation For the City of Milton, Georgia Date: ______________________ Date: _____________________ This document has been approved as to form by the GBI, Director of Legal Services. Approved as to form by the City Attorney of Milton, GA. _____________________________________ The Georgia Internet Crimes Against Children Task Force Equipment Agreement The Georgia Bureau of Investigation and the Associate Member Agency, the City of Milton, Georgia, make this Agreement in conjunction with and in addition to the “Georgia Internet Crimes Against Children Task Force Agreement” this ___ day of ______________, 2016. I. Statement of Intent and Concerns The Associate Member Agency is provided with the equipment required for the sole purpose of conducting Internet Crimes Against Children investigations within their jurisdictional boundary. This equipment, which includes a computer, monitor, keyboard, mouse, as well as, investigative and forensic software, was purchased by the GBI using U.S. Department of Justice, Office of Juvenile Justice Delinquency Prevention (OJJDP) grant funds for the Georgia Internet Crimes Against Children Task Force (GICACTF). This equipment will remain the property of the GICACTF and is being loaned to the Associate Member Agency for use in Internet crimes against children investigations. The equipment must be made available by the Associate Member Agency for inspection by the GBI, the Department of Justice, or a representative of the ICAC Board of Director’s anytime requested. II. Commitment of Associate Member Agency The Associate Member Agency agrees to conduct Internet crime against children investigations following the procedures of the OJJDP Internet Crime Against Children Task Force Board of Directors’ protocol set forth in the attachment identified as “ICAC Program Operational and Investigative Standards”. The Associate Member Agency will have sole discretion in deciding what investigations to initiate, the personnel assigned to the investigation and the methods used to conduct the investigation, except only sworn personnel trained to conduct on-line proactive investigations will be assigned to these cases. On-line proactive investigations are described as investigations conducted over the Internet to develop and collect evidence of perpetrators who are trying to entice children to commit sexual or indecent acts. ICAC proactive cases should only be worked by sworn personnel specially trained for on-line investigations and using equipment approved for ICAC investigations. Just as reverse drug buys are very complex, posing as a child on the Internet to develop probable cause to arrest a pedophile is also very complicated. Established protocol must be strictly followed in on-line proactive investigations to insure that the defendant cannot use entrapment as a defense. Part of the established protocol requires the running and maintaining of chat room logs. These logs should always be maintained as evidence. In addition these logs should also be maintained for inspection by the GBI, the Department of Justice, or a representative of the ICAC Board of Director’s anytime requested. From time to time the GBI will send out National Center for Missing and Exploited Children (NCMEC) Cyber tips to the Associate Member Agency. These tips come from persons who have knowledge of someone who is in possession of child pornography, someone who is distributing child pornography, someone who is manufacturing child pornography, or someone who is using the Internet to entice children for sexual or indecent purposes. These tips might also include information on the human trafficking of children. When the GBI receives the cyber tips its personnel develop intelligence data on the suspect perpetrator, identify the suspect’s Internet Service Provider (ISP) and when possible obtain ISP subscriber information related to the suspect account. When the crime is identified as being perpetrated in the jurisdiction of the Associate Member Agency the cyber tip along with all the information developed by GBI will be provided to the agency. The decision to investigate the cyber tip is solely the discretion of the Associate Member Agency. However the Associate Member Agency agrees to make a timely notification to the GBI as to whether the agency intends to investigate the cyber tip. GBI personnel are always available to assist the Associate Member Agency in the technical aspects of any ICAC investigation including assisting in the development of probable cause for search warrants and the examination of any computer media seized during the investigation for evidence. The Associate Member Agency agrees to provide the GBI with monthly information related to Internet crimes against children investigations within their agency if these investigations are conducted: a. Number of new ICAC investigations, b. Number of ICAC arrests, c. Number of ICAC convictions with details of sentences, d. Number of computer media examined for ICAC evidence to include total number of pieces and storage capacity for each device, e. Number of ICAC search warrants executed, f. Number of agencies provided assistance in ICAC investigations. III. Withdrawal or Termination The agreement memorialized herein shall not expire, but can be terminated at any time by written agreement of either party. This Membership Agreement may be amended at any time as needed by either party. All such amendments, to be effective, must be in writing and executed by the both the GBI and the Associate Member Agency. If for any reason either the GBI or the Associate Member Agency decide to terminate the agreement, the equipment will be returned to the GBI by the date of written termination. IV. Agreement Controlled by Georgia Law This agreement is made under the provisions and pursuant to the laws of the State of Georgia. This Equipment Usage Agreement shall be controlled by and construed according to the Constitution and laws of the State of Georgia. Further, this Agreement incorporates by reference herein the Memorandum of Understanding creating the Georgia Internet Crimes Against Children Task Force as of December 2000 and memorializes and reflects the entire agreement among the participating agencies. V. Non-Severability The provisions of the agreement shall be deemed to be nonseverable. SO AGREED, this ______ day of _________________, 2016. ___________________________________ As Representative of the Georgia Bureau of Investigation ________________________________(City Mayor) Associate Member Agency – City of Milton, Georgia _____________________________________ Approved as to form. City Attorney of Milton, GA. o► TO: FROM: AGENDA ITEM: MEETING DATE: HOME OF ` ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 10, 2016 Steven Krokoff, Interim City Manager Proclamation Recognizing Down Syndrome Awareness Month. Monday, March 21, 2016 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: 600 IOU REMARKS () NOT APPROVED (�-'(qo (010 VNOT APPROVED ® )0 You( PHONE: 678.242.25001 FAX: 678.242.2499 f''en * **tt;f;** roP�oo infoQfcityofmiitonga.us I www.cityofmiitonga.us Community � E h;c�sr � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Down Syndrome Awareness Month WHEREAS, Down Syndrome is the most commonly occurring chromosomal condition, resulting when a person possesses three rather than the usual two copies of the 21st chromosome. Each year, one in every 691 babies in the United States is born with Down Syndrome, representing approximately 6,000 births nationwide and 90 to 100 births in Georgia , and; WHEREAS, Down Syndrome affects individuals of all races and economic levels. Currently, there are more than 400,000 individuals living with Down Syndrome in the United States. Individuals with Down Syndrome should have the opportunity to achieve the universally desired goals of self-fulfillment, pride in their achievements, inclusion in their community and reaching their fullest potentials, and; WHEREAS, due to medical advances, education, work opportunities, community -based recreation, and social as well as independent living choices, individuals with Down Syndrome possess a wide range of abilities and are active participants in society. They hold gainful employment and participate in recreational and faith-based social activities. Also, as medical care continues to advance, individuals with Down Syndrome are living longer and healthier lives as members of their communities; and, WHEREAS, while research and early intervention has resulted in outstanding improvements in the length and quality of life of individuals with Down Syndrome, continued efforts in genetic research are needed to improve, correct, or prevent some of the challenges associated with the condition; and, WHEREAS, during the month of March, advocacy groups and non-profit organizations will work to educate the public about Down Syndrome, encouraging acceptance and inclusion of individuals with the condition. This is the first year that World Down Syndrome Day is officially recognized by the United Nations. It is in the interest of the state and City to recognize the achievements being made by individuals with Down Syndrome and to support their acceptance and inclusion in the community by promoting awareness and fostering the understanding of Down Syndrome as well as providing community-based support to them, their families, friends, health care providers, educators, and advocates. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby proclaim the month of March as Down Syndrome Awareness Month in the City of Milton and encourage all citizens to join us in making sure that Down Syndrome is given proper recognition. Given under our hand and seal of the City of Milton, Georgia on this 21st day of March, 2016. __________________________ Joe Lockwood, Mayor M TO: FROM: AGENDA ITEM: MEETING DATE HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 10, 2016 Steven Krokoff, Interim City Manager Proclamation Recognizing March for Meals Awareness Month. Monday, March 21, 2016 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: v l z') ?'I REMARKS () NOT APPROVED ( �INO ((NO ( )/NOT APPROVED 91 .10 Your *** �+ roP.tUU PHONE: 678.242.25001 FAX: 678.242.2499 GrE'en *Certified* * infoftiltyofmiltonga.us I www.cityofmiltonga.us Community ih Echics f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �`" ' 17"-j MARCH FOR MEALS AWARENESS MONTH WHEREAS, the Meals on Wheels program provided by Senior Services North Fulton delivers meals to seniors who are unable to prepare meals for themselves; and WHEREAS, Senior Services North Fulton is celebrating its 25th year administering the Meals on Wheels program in the City of Milton with a 100% volunteer force; and WHEREAS, in 2015 over 600 volunteers donated their time, vehicles, gasoline and energy to deliver over 35,000 meals with a friendly smile; and WHEREAS, no senior is ever refused service because of an inability to pay; and WHEREAS, these efforts have resulted in the improvement in the lives of seniors in need in the City of Milton with continued personal independence, nutritionally- balanced meals and daily visits by caring volunteers. NOW THEREFORE, We, the Mayor and City Council of the City of Milton, Georgia do hereby proclaim the month of March, 2016 as “MARCH FOR MEALS AWARENESS MONTH” in Milton and urge every citizen to take this month to honor our Meals on Wheels program, the seniors they serve and the volunteers that care for them. Given under our hand and seal of the City of Milton, Georgia on this 21st day of March, 2016. __________________________ Joe Lockwood, Mayor u, TO: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 11, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Persis Atlanta Inc. - dba Persis Biryani Indian Grill, Located at 631 North Main St. Ste. 100, Milton, GA 30009. The Applicant is Sridhar Doddapaneni - Consumption on Premises - Wine, Malt Beverages, and Distilled Spirits. MEETING DATE: Monday, March 21, 2016 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: C3 f V) 20/ c REMARKS () NOT APPROVED (,,YNO ('kilo ( ,�4OT APPROVED ®'10 You(m r GCQen of *pert hied t fop tUU PHONE: 678.242.25001 FAX: 678.242.2499 DI community � ctvEthist f info@cityofmiltonga.us I 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 March 2, 2016 for the March 21, 2016 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Persis Atlanta Inc. – dba Persis Biryani Indian Grill, Located at 631 North Main St. Ste. 100, Milton, GA 30009. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Persis Atlanta Inc. – dba Persis Biryani Indian Grill 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 opening a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Persis Atlanta Inc. – dba Persis Biryani Indian Grill Contact Name: Sridhar Doddapaneni Business Address: 631 North Main St. Ste. 100, Milton, GA 30009 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: Steven Krokoff, Interim City Manager Kathleen Field, Director of Community Development Attachment(s): None. TO: FROM: HOME OF ' ]Vt I L L � ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 16, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of ZM16-01 -Southeast Corner of Birmingham Road and Birmingham Highway Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG -1 (Agricultural) by Oak Hall Companies, LLC to Modify Condition 2.a. to Revise the Site Plan to Delete Retail Buildings Along Birmingham Highway and Replace with Townhomes (RZ04-01 16 and ZM14- 06). MEETING DATE: Monday, March 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Q,<PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES ( P<O CITY ATTORNEY REVIEW REQUIRED: ( ) YES (-�- O APPROVAL BY CITY ATTORNEY (J APPROVED (),K'O T APPROVED PLACED ON AGENDA FOR: REMARKS ®itYom PHONE: 678.242.25001 FAX: 678.242.2499MLDLIFEGreen\_ *c.r=fra* info@cRyofmiltonga.us I www.cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - cc^. �o •�o•:E . �a� Page 1 of 12 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/17/2016 ZM16-01 PROPERTY INFORMATION ADDRESS SE Corner of Birmingham Hwy and Birmingham Road DISTRICT, LAND LOT 2/2, 379, 380, 413, 414 OVERLAY DISTRICT Birmingham Crossroads EXISTING ZONING MIX (Mixed Use) and AG-1 (Agricultural) (RZ04-116, ZM14-03, ZM14-06) ACRES 22.1 EXISTING USE One story block building and single family residence with accessory structures OWNER Capkey Birmingham Partners, LLC 5 Concourse Parkway, Suite 2950 Atlanta, GA 30328 APPLICANT Oak Hall Companies, LLC, Tad Braswell 4246 Peachtree Road, Suite 195 Atlanta, GA 30341 REPRESENTATIVE G. Douglas Dillard Pursley Friese Torgrimson 1230 Peachtree Street, Suite 1200 Atlanta, GA 30309 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – MARCH 7, 2016 ZM16-01 – DENIAL INTENT To modify Condition 2.a. to revise the site plan to delete retail buildings along Birmingham Hwy and replace with townhomes. (RZ04-116, ZM4-06) Page 2 of 12 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/17/2016 LOCATION MAP Page 3 of 12 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/17/2016 CURRENT ZONING Page 4 of 12 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/17/2016 APPROVED SITE PLAN – ZM14-06 Page 5 of 12 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/17/2016 SITE PLAN SUBMITTED FEBURARY 2, 2016 Page 6 of 12 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/17/2016 REVISED SITE PLAN SUBMITTED FEBRUARY 23, 2016 Page 7 of 12 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/17/2016 Elevations received on March 14, 2016 Page 8 of 12 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/17/2016 History and Background The subject site was rezoned from C-1 (Community Business) and M-1 (Manufacturing) to MIX (Mixed Use) on November 3, 2004 by the Fulton County Board of Commissioners. This site is one corner of three corners of the Birmingham Crossroads that was zoned pursuant to RZ04-116 (subject site) and RZ04-43 (northeast and southeast corners zoned C-1 Conditional). The final conditions approved for all three quadrants were derived from numerous meetings between the original developer, AG Armstrong and the community using the Birmingham Crossroads Plan (Amending the 2015 North Fulton Comprehensive Plan) which was approved by the Fulton County Board of Commissioners on March 3, 2004. In addition, the Birmingham Crossroads of the Northwest Fulton Overlay District was approved on March 3, 2004. This newly created overlay also guided the ultimate outcome of what was approved for the three quadrants of Birmingham Crossroads. The central premise of both the Plan and the Overlay was that the Birmingham Crossroads should be a neighborhood node consisting of 27.1 acres which at that time recommended up to 100,000 square feet of commercial uses, up to 100,000 square feet of office uses, and up to five (5) residential units per acre. Since the time of the rezoning in 2004, the northeast and southwest quadrants have been developed as approved. The southeast quadrant has remained undeveloped other than the existing structures on the 22.3 acres. A previous request to modify the site plan and conditions were approved pursuant to ZM14-03 on June 16, 2014 to reduce the approved density for the office, commercial retail, and eliminate the day care facility along Birmingham Road. Specifically, it reduced the retail/office from 39,000 square feet to 22,250 square feet. This request also proposed to replace some of the townhouse units previously developed with single family detached homes within the interior of the development. Included in the approved conditions were numerous design requirements for the residential units After further evaluation of the site plan with original conditions approved pursuant to 2004Z-116 by Fulton County, Staff determined that Condition 2.d. had not been met (Staff also notes that there are two conditions numbered 2.d. and this is a typo from the Fulton County conditions) and therefore the need to modify it to eliminate the community park and community septic system. In addition, Staff requested that Condition 2.a. be included to remove the reference to the “community waste water facility” indicated on the site plan within the AG-1 portion of the development. Pursuant to ZM14-06, the Mayor and City Council approved the above request on July 21, 2014. Staff has included a letter from the operator of the community waste water facility located on the northeast quadrant of Birmingham Hwy and Birmingham Road that Page 9 of 12 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/17/2016 indicates that there is sufficient capacity to serve the southeast corner with the proposed development. CZIM Meeting – February 23, 2016 The applicant was present at the meeting and there were five members of the community present. They were concerned with the deletion of the retail buildings in lieu of townhomes and how it was inconsistent with the Birmingham Crossroads Plan. In addition, they asked if there was sufficient capacity in the sewer plant adjacent to Publix to handle the residential use and that the current users would not be impacted. There was concern about some of the one acre, AG-1 lots connected with the sewer plant instead of being served by individual septic systems. Current Request – ZM16-01 The applicant is requesting to modify Condition 2a. to revise the site plan dated June 17, 2014 with the revised site plan received on February 23, 2016. The revised site plan deletes three retail buildings with a total of 16,950 square feet along Birmingham Hwy (SR 372) and replaces them with 9 townhomes. The revised plan dated June 17, 2014 indicates an existing commercial building with 5,300 square feet and 33 residential lots which are a mix of townhomes and single family homes within the MIX (Mixed Use) zoning district. The proposed revised site plan submitted February 23, 2016 indicates the commercial building on Birmingham Road has been reduced to 2,900 square feet and shows a total of 24 homes whereas the previous plan indicated 30 on the interior which does not exceed the maximum of 33 residential lots allowed pursuant to RZ04-116. In addition, the eight, AG-1 lots south of the MIX (Mixed Use) zoning district have been slightly reconfigured to flip the open space area from the eastern portion of the site to the western adjacent to Birmingham Hwy. Staff has met with the developer and architect regarding the site planning and design of the townhomes and they are consistent with the conditions of zoning pursuant to ZM14- 03. The minimum heated floor area is proposed to be 2,450 square feet in size which will be rear loading with a court yard between the attached garage and the house. The applicant has submitted elevations for the proposed townhomes adjacent to Birmingham Hwy which have been reviewed by City Staff for compliance with the design conditions pursuant to ZM14-03. The proposed townhomes’ roofs fronting on Birmingham Hwy shall be constructed of cedar shake. This requirement will be included in the Recommended Zoning Conditions. Residential uses are not required to follow the design requirements, where applicable, but the proposed homes are consistent with the Birmingham Crossroads Overlay District. Prior to the issuance of a building permit, the City of Milton Design Review Board shall recommend approval. Page 10 of 12 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/17/2016 Proposed Modification to Conditions (ZM14-06) 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 2014 February 23, 2016 submitted to the Department of Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Analysis and Recommendation The proposed elimination of three retail buildings consisting of 16,950 square feet along Birmingham Hwy and the reduction of the retail building along Birmingham Road from 5,300 square feet to 2,900 square feet is not consistent with the Birmingham Crossroads Plan recommendation of providing a mix of uses including commercial/office and residential uses within the southeast quadrant. Although the reduction in retail/office is inconsistent with the mix of uses, the proposed townhomes are consistent with the following Birmingham Crossroads Plan policies 1) will develop in a village type pattern, 2) will be pedestrian oriented, and 3) will be contained within the 27.1 acres. In addition, the form and mass of the townhomes are the same or similar as retail/office buildings would be if they were developed. Based upon the fact that the proposed reduction of retail/office is inconsistent with the overall plan for Birmingham Crossroads, Staff recommends DENIAL of ZM16-01. If the Mayor and City Council recommends approval, a set of Recommended Conditions are attached. Page 11 of 12 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/17/2016 Page 12 of 12 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/17/2016 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (ZM14-06) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 2014 February 23, 2016 submitted to the Department of Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 7. To the owner’s agreement to the following architectural requirements for residential structures: q. Roofs shall be constructed of cedar shake for townhomes fronting Birmingham Hwy (SR 372). r. Design and architecture of townhomes fronting Birmingham Hwy (SR 372) shall be consistent with the attached elevations received on March 14, 2016 by the Department of Community Development. ORDINANCE NO. PETITION NO. ZM16-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION 2.A. OF AN ORDINANCE OF THE CITY OF MILTON MAYOR AND CITY COUNCIL APPROVING PETITION ZM14-06 ON JULY 21, 2014, PROPERTY LOCATED ON BIRMINGHAM HWY (SR 372) AND BIRMINGHAM ROAD WITHIN LAND LOTS 379, 380, 413, 414, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 22.1 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 21, 2016 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on November 3, 2004, for petition RZ04-116 that approved a zoning to MIX (Mixed Use) and AG-1 Conditional property located on Birmingham Hwy (SR 372) and Birmingham Road consisting of a total of approximately 22.1 acres, attached hereto and made a part herein; SECTION 2. That the condition(s) were amended by the Milton Mayor and City Council on June 16, 2014 pursuant to ZM14-03 and thereafter on July 21, 2014 pursuant to ZM14-06 to RZ04-116 as described above; SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance (ZM16-01). Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 21st day of March, 2016. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (ZM14-06) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 2014 February 23, 2016 submitted to the Department of Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 7. To the owner’s agreement to the following architectural requirements for residential structures: q. Roofs shall be constructed of cedar shake for townhomes fronting Birmingham Hwy (SR 372). r. Design and architecture of townhomes fronting Birmingham Hwy (SR 372) shall be consistent with the attached elevations received on March 14, 2016 by the Department of Community Development. Elevations received on March 14, 2016 REVISED SITE PLAN RECEIVED ON FEBRUARY 23, 2016 14. NOT& 61 ° 3714' West, 4U.3¢ facq r. ea c 15. NoEth 421 14'471 West, 1 3.83 feet; therx, R ECEIvj:D 16.%Vrz i 1ti° 13'44" Weak 19.63 16tt ttgme � [4i 17-rlvrthSO°U]'41! "�Ve ,77, 4�Crt;thCnCe COtdMUNfr'. CrTYrw 0N DE"EIOPMENT 18. nrrh 72° 23'30" Wes:, 24,14 fee'[; thmia 14. South 67° 13,57" Wm CZ,39 fbet:lhence 24. 600th 421 5"59' West, 27,80 feet; the W 21, North 12' 33' IS' WrA 25.95 fit; theace 22. North 60° 54' 14" West, 33,80 f et; thmcr 23. Nar[h 200 1113 a I We% 15,48 fzd: tEumm 24_1&4A 95'1)1' 13" West, 15-45 t tlmtca 23. South 58" 17 13" West, 14.51 fmt; [9tence 25_ Nvftr W 16' 25" Went, 19.14 frr±,thmre 27. Na h 77' 01122' West, 33.44 :00t, thetrce 29. South 795 4742. W4 -r, 25.25 fco[; trea= 29. Snulh 69' 51' 54" Wrat, 34.37 fec4 lbewc 30. Nafth 42° 58' 37" Wcvt, 1.6.78 Feet; th=w 31. N-atth 73" Z5' 46" WesE, 8.93 Peet,, therr t 32. North 27' 37' 52" West. 12.79 faet [a u poial; tlterlcc, lean q the rutcrlbre arsaid creA; 33. North 17° 12'42 " West €trr b distance Of MGM fmt �c s W' mbar fourul; t<henco 34. Nurrh 820 18' 07" West for a dis[ame of 325.90 f#.at to a �V mbar f�)=d on tha sawtTly -ade of the r`ght-Df-w2y of Riimirgham f1lgt±upy (also known as Cenrgfa 5[2+r 3ouba 3T7]: 6enot, cond3wing afajtg the aes[erly glue ar tht rigltt�cfway of 5jrmitrg*m Highway (Moo k worse m Gw%--IA Slate R-Ou a 372): 2 TO: FROM: HOME OF ' 7, a ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 14, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of a Resolution Unilaterally Modifying the Sewer Service Map between the City of Milton and Fulton County Pursuant to the Amended Fulton/Milton Sewer Intergovernmental Agreement. MEETING DATE: Monday, March 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J�ES CITY ATTORNEY REVIEW REQUIRED: ( KES APPROVAL BY CITY ATTORNEY WIA-PPROVED PLACED ON AGENDA FOR: 51 [1) 100 REMARKS ® Youl PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 (J NOT APPROVED () NO () NO (J NOT APPROVED 0- -Ge'een zr "A® Community Certified i Top 100 cry „r �y Ethics L, Yj) B AL EI To: The Honorable Mayor and City Council From: Steven Krokoff, Interim City Manager Date: Submitted March 14, 2016 for the March 21, 2016 Regular Meeting Re: Consideration of a Resolution Unilaterally Modifying the Sewer Service Map between the City of Milton and Fulton County Pursuant to the Amended Fulton/Milton Sewer Intergovernmental Agreement. Department Recommendation: Approval. Executive Summary: The Community Development Staff approved a Concept Site Plan for the development of two parcels for a total of 8.562 acres on the northeast corner of Arnold Mill and Green Roads pursuant to the Crabapple Form Based Code. Based on the fact that the Crabapple Form Based Code recommended T-5 and T-4 Open Transect Zones and the applicant has an approved Concept Site Plan for development, the subject 8.562 acres requires the extension of sanitary sewer to it. Because of Milton’s intergovernmental agreement with Fulton County, the County is the water and sewer provider to Milton. Milton directs which parcels can and which parcels cannot receive these services; specifically where sewer service is provided and where it isn’t. If this Resolution is adopted, the parcels which were included in the Concept Site Plan approval dated December 16, 2015 will become eligible for sewer service. Funding and Fiscal Impact: There are no local funding impacts with this Resolution. Alternatives: Do not approve the Resolution Legal Review: Ken Jarrard – March 2016 Concurrent Review: Community Development Department Attachment(s): Resolution, Exhibits A and B, and Concept Plan Approval Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 16- A RESOLUTION UNILATERALLY MODIFYING THE SEWER SERVICE MAP BETWEEN THE CITY OF MILTON AND FULTON COUNTY PURSUANT TO THE AMENDED FULTON/MILTON SEWER INTERGOVERNMENTAL AGREEMENT WHEREAS, on January 22, 2014 the Milton City Council ratified the Second Amendment to Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service By Fulton County to Certain Property Located within the City of Milton ("Second Amendment to Sewer IGA"); WHEREAS, in the Second Amendment to Sewer IGA, Fulton County and the City of Milton agreed that the City of Milton shall have the right to unilaterally modify the sewer service map with Fulton County; WHEREAS, the January 22, 2014 amendment allowed the City to unilaterally modify the sewer delivery boundary and corresponding sewer map without any corresponding approval by Fulton County, and the boundary so authorized would become the new boundary for which Fulton County was authorized to provide sewer service within the municipal limits of Milton; WHEREAS, following entry into the Second Amendment to Sewer IGA, the City of Milton has undertaken two (2) unilateral modifications. Those modifications occurred on the following dates: January 22, 2014 modification September 22, 2014 modification WHEREAS, the Milton City Council now desires to utilize this authority and authorize a third (3rd) unilateral amendment to the existing sewer service map. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MILTON, GEORGIA, 1. That pursuant to the Second Amendment to Sewer IGA, the City Council does hereby authorize a third (3rd) unilateral modification to the sewer service map; 2. The City Council hereby reaffirms the sewer service map that was attached as Exhibit A to the Second Amendment to Sewer IGA, as same was modified by the January 22, 2014 and September 22, 2014 unilateral modifications; Page 2 of 2 3. The City Council hereby authorizes Fulton County to also provide sewer service to parcel(s): 12575 Arnold Mill Road (Tax Parcel ID 22 372011660468) containing approximately 2.88 acres and 12655 Arnold Mill Road (Tax Parcel ID 22 371011390316) containing approximately 5.682 acres for a total of approximately 8.562 acres Both parcels are collectively depicted on Exhibit A, attached hereto; 4. City staff are authorized and directed to prepare a new sewer service map comprised of the sewer service map that was attached as Exhibit A to the Second Amendment to Sewer IGA, along with the previous two unilateral amendments, plus the parcel(s) identified in paragraph 3, above; 5. This new sewer map is hereby depicted as Exhibit B: 6. The parcels added in paragraph 3 shall be color code blue with black hatch marks; and, 7. The sewer map identified as Exhibit B, along with this Resolution, shall be promptly delivered by City staff to the Fulton County Department of Water Resources and the Fulton County Manager, and the map so delivered shall be the official sewer service map between Fulton County and the City of Milton RESOLVED this 21st day of March, 2016. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk AArr n n o o ll d d MMii ll ll R R d dWWiillddeeGGrreeeennDDrrSummerhill DrSummerhill DrMMoorrnniinngg DD ee ww CC ii rr BB rr oo oo kk CCiirr BBaabbccoocckk LLnn Crabapple RdCrabapple RdBrook LnBrook LnCa gle RdCagle Rd AAbbbbeeyyCCttAA bb bb ee yy CC tt ST140 ST372 RockyCre e k R o s w e l lRoswell A l p h a r e t t aAlpharetta CCaagg llee RRddWWaatteerrhhaavveennLLnnArnol d Mi l l RdArnol d Mi l l RdPPaarrkkssiiddeeDDrrWaterside DrWaterside Dr Etchison LnEtchison LnSSpprriinnggwweellllLLnnBi r chdal e DrBi r chdal e DrBBii r r cchhddaall eeDDrrWW aatteerrssiiddee DDrr WWaa ttee rr ss ii dd ee DDrr BBrrooookkeeiivveeyyLLnnStillhouse LnStillhouse LnGGrreeeenn RRddNew Providence RdNew Providence RdCreated/Altered: 3/10/2016 G:\TaxCommunityDev\Sewer Recommendations\ExtensionofArnoldMillRoadEastSide_SewerAddition_ap_v1.mxd Extension of ArnoldMill Road (East Side)Sewer AdditionCity of Milton March 2016 Sewer AdditionParcelsSewer StatusExisting\Expansion AllowedExisting with no expansionRiversWaterbodies Freeway/HighwayRampMajor Arterial/CollectorMinor Arterial/LocalCity LimitsCounties ´0 400 800 1,200200Feet §¨¦575 §¨¦75 §¨¦75 §¨¦85 §¨¦85 §¨¦20§¨¦20 §¨¦285 §¨¦285 ¬«400 £¤19 5.682 acre tract 2.88 acre tract Total Acres = 8.562 Exhibit A R o s w e l lRoswell M o u n t a i nMountainParkPark A l p h a r e t t aAlpharetta ForsythFultonCherokeeFultonCC rraabb aa pp pp llee RR dd BB i i rrmmiinngghhaammHHwwyyCCooggbbuurrnnRRddBB ee tthh aannyyBB ee nnddDDoorrrriissRRddCCrr e e ee kk CCl l uubbDDrrDDiinn ss mm oo rreeRRdd FFooxxhhoo llllooww RRuunnGGlleennoovv eerrDDrrTTaayylloorrRRdd SSaa dd ddllee sspprriinnggssDDrrMMiillttoonnPP tt MMaa n n oor r CClluubb DDrrWWooooddRRdd SSuummmmiitt RRdd NNiixx RR dd HHooppeewweellllRRddCCooggbbuurr nnRR ddTTiimmbbeerrPPttQQuuaayyssiiddeeDDrrHHeennddeerrssoonnRR dd PPhhiilllliippss CCiirr EE..BBlluuffff RR ddBBrriittttlleeRRddWestbrook RdWestbrook RdWWhhiitt eeCCoolluu mmnnss DDrr BBaatteess vviillllee RR dd RReedddd RR dd WWee bbbb RRdd MM oorrrriissRRddMM aa yy ffiieellddRRddHHiicckkoorryyFFllaatt RRdd MMoouunnttaaiinnRRdd BBiirrmmiinngghhaamm RRdd CCooxxRR dd TThhoommppssoonnRRddBB eetthh aa nn yy BB eenndd HHaammbbyyRRdd PPrroovviiddeenncc ee RRdd HHooppeewweellllRRddHH oo pp eewweellllRR ddBBeetthhaannyyRRddFFrraannccii ss RR dd NNeeww PPrroo vv iidd ee nn cc ee RR dd N N ee ww PPrroo vv ii ddeenncceeRRddTT hh oommppssoonnRRdd Sewer System MapCity of Milton March 2016 Document Path: G:\TaxCommunityDev\Sewer Recommendations\MiltonSewerSystemMap_4thAmendment_cl_v1.mxd Created/Modified Date: 3/10/2016 Amendment Existing\Expansi on Allowed Existing with no expansion Parcels City Limits Counties Freeway/Highway Ramp Major Arterial/Collector Minor Arterial/Local Exhibit B 0 1 2 30.5 Miles± 917L—HALL 3" I]eerfield Parkway Suite 107 Miltorr GA 30CKJ4 9orW91 678.242-2500 41112A2.2499 itl iciiyofrrlil10ngp.us vrrnw.c iyotr�si}torga.us IOU I' -QR JQe LkokW("[-A !r. cout Karen ThLo s i� an Molt Kunz Pill Lusk Nrl Hevrllt Joe LC1!'1gofia flick molvia rhe CRY a1 wlcn will pVO VFde responwe and resoansible envwriment P -dough ocllve ljiiffnEr5t7i,',75 W011 the community and las Onkehofdem VISION Moon is a eiisfir- We community embracing sina.114oawn life and henlage white preserv,ng and erihanoog ovr TWO Charm ter. CO R9 VALM Innov dt lr)n nvo it y Integrity [miss fency Ve.5pe.Ct F= cal Res7ansilbllity F1olmssionol Dcveinpnzent ESTAB LISIUD2M) December 16, 2015 C. Barry Ethridge P.E. Senior Project Manager Planners and Engineers Collaborative, Inc. 350 Research Court Peachtree Corners, GA 300?2 Subject: Approval of Concept Plan for Glenview on Arnold Noll Road (Townhomes) Crabapple Form Based Code - T-5 Dear Mr_ Ethridge, The revised concept site plan dated November 12, 2015 is approved. This approval is only for the site and not for architecture_ Architecture for each building will he reviewed and approved by the City Architect and City of Milton Design Review Board_ Based on this approval of the site plan and attached warrant dated November 17, 2015, a Land Disturbance Permit can be submitted to the City for review. Sincerely, '.r� Robyn MacDonald Zoning Manager Cc: Jimmy Sanders, Cily of Millon ©can Cowart ED tt;tY[:Ft ty �[}ics nqa y Ell1" 1. r m gni 7'- , 4 � 1 ear Glenview at Arnold Mill Road A MASTER PLANHFD T0VRff1 E RESIlli:NT1AL CIMMI Kll V COWART RESIDENTIAL '*m PRCVIOE 30p-v"Q"a N PLANNERS AND ENGINEERS COLLABORATIVE NTE ALArNM1C-LANDSCAPE ARCMICTLIRE OVL EMCJ UMG-LAND Sl1RVEMC ,M NFIF.WCri C T-NORCRUW ELLS 1 aOHj,IF�I-PATIyi91N U-N'WN'fFCAILCpA TO: FROM: AGENDA ITEM: HOME OF ' MI-LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 15, 2016 Steven Krokoff, Interim City Manager Consideration of Subdivision Plats: Name of Development/ Location Action Comments Total Acres Density (1) Blue Valley III A, LL 195, 196 Final Plat Create 5 lots 7.184 .7 lots / acre (2) Kimberly A. and Johnny C. Minor Plat Move property N/A N/A Hembree & Mark C. & Laura P. Revision line between Streit, LL 1054 lots 57 and 58 (3) Water's Edge, LL 321, 322, 327, Final Plat Create 19 lots 29.75 .64 lots / acre 328 (4) Keeneland Estates, LL 414 Minor Plat Revise N/A N/A Revision easements and show improve ents MEETING DATE: Monday, March 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum ©10You PHONE: 678.242.25001 FAX: 678.242.2499 Green *Certified* Top1DU infoQcityofmiltonga.us I www.cityofmiltonga.us ++^�i® Community 3 Echlcs ,f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 APPROVAL BY CITY MANAGER: (,JIAPPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES CITY ATTORNEY REVIEW REQUIRED: (J YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: C,3 121)1-01t, REMARKS Page 2 of 2 (J NOT APPROVED (,kNO (-ANO (/OT APPROVED To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on March 10, 2016 for the March 21, 2016 Regular Council Meeting Agenda Item: Approval of Subdivision Plats ____________________________________________________________________________ Department Recommendation: To approve the attached subdivision related plats and revisions. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, Interim City Manager Attachment(s): Plat List Milton City Council Meeting – March 21, 2016 Plat List Name of Development/ Location Action Comments Total Acres Density (1) Blue Valley III A, LL 195, 196 Final Plat Create 5 lots 7.184 .7 lots / acre (2) Kimberly A. & Johnny C. Hembree & Mark C. & Laura P. Streit, LL 1054 Minor Plat Revision Move property line between lots 57 and 58 N/A N/A (3) Water’s Edge, LL 321, 322, 327, 328 Final Plat Create 19 lots 29.75 .64 lots / acre (4) Keeneland Estates, LL 414 Minor Plat Revision Revise easements and show improvements N/A N/A TO: FROM: HOME OF ' ivi t L t lel ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 17, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of a Guaranteed Maximum Price for the Construction of City Hall between the City of Milton and New South Construction, Inc. MEETING DATE: Monday, March 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�IA'PPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 051 zj17-06' REMARKS (J NOT APPROVED (,110 (,Zl O (1IOT APPROVED M. You - PHONE: 678.242.25001 FAX: 678.242.2499 „Green *Cercitwd* info@cityofmiltonga.us I www.cityofmiltonga.us o mut Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 300048 "' ` "' " '"" �'V``� To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Public Works Director Date: Submitted on March 17th 2016 for the March 21st 2016 Regular Council Meeting Agenda Item: Consideration of a Guaranteed Maximum Price for the Construction of City Hall between the City of Milton and New South Construction, Inc. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This is a request for approval of the final Guaranteed Maximum Price (GMP) for the construction of city hall . The Construction Management Agreement provides for the issuance of an overall Guaranteed Maximum Price during the design and construction process. This GMP of $10,442,749 is based on 100% construction drawings. An add alternate for the purchase of the physical A/V, data and voice and security equipment in the amount of $122,100 is included in the request and would be in addition to the stated GMP amount, if executed. The Construction Management at Risk Agreement that was approved on February 1, 2016 provided for a GMP Cost Limitation of $9,807,237 but did not include the allowances that were being carried in the overall project budget for trees, site furnishings, signage, A/V, voice, data and security systems. The allowances have been added to the overall GMP to consolidate the construction management process and this represents the difference between the original GMP Cost Limitation and the current GMP. Staff is recommending approval of the Guaranteed Maximum Price with New South Construction, Inc. in an amount not to exceed $10,442,749 plus a potential add alternate for A/V, data and voice and security equipment. Funding and Fiscal Impact: Funding for this project is available in the City Hall construction budget. City Hall GMP – New South Construction Page 2 of 2 Alternatives: There are no alternatives to this project. Legal Review: N/A Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Guaranteed Maximum Price Change Order 15-PW02 February 1 16 15-PW02 Cooper Carry 9,256,820 192,715 417,710 378,935 10,442,749 196,569Design Contingency January 13, 2017 Dave Butler