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Agenda Packet CC - 12/19/2016 - CITY COUNCIL MEETING PACKET 12-19-2016
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, December 19, 2016 Regular Council Meeting Agenda 6:00 PM INVOCATION - Jason Howard, Stonecreek 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. 16-291) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the October 17, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-292) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 19, 2016 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the November 7, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-293) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements for the Period Ending November, 2016. (Agenda Item No. 16-294) (Bernadette Harvill, Finance Director) 4. Approval of a Service Agreement between the City of Milton, Georgia and Granicus, Inc. (Agenda Item No. 16-295) (David Frizzell, IT Manager) 5. Approval of a Parks and Recreation Department Athletic Association Manual and Facility Use Agreement between the City of Milton and Hopewell Youth Association. (Agenda Item No. 16-296) (Jim Cregge, Parks and Recreation Director) 6. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Agape Academy, LLC. (Agenda Item No. 16-297) (Jim Cregge, Parks and Recreation Director) 7. Approval of a Parks and Recreation Department Athletic Association Manual and Facility Use Agreement between the City of Milton and Eagle Stix Rec., Inc. (Agenda Item No. 16-298) (Jim Cregge, Parks and Recreation Director) 8. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Halftime Sports, LLC. (Agenda Item No. 16-299) (Jim Cregge, Parks and Recreation Director) 9. Approval of a Parks and Recreation Department Athletic Association Manual and Facility Use Agreement between the City of Milton and New Found Life Football League. (Agenda Item No. 16-300) (Jim Cregge, Parks and Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 19, 2016 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and North Georgia Recreation, Inc. (Agenda Item No. 16-301) (Jim Cregge, Parks and Recreation Director) 11. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Sperber Music. (Agenda Item No. 16-302) (Jim Cregge, Parks and Recreation Director) 12. Approval of a Parks and Recreation Department Contract Concession Agreement between the City of Milton and Wanna Play Baseball, Inc. (Agenda Item No. 16-303) (Jim Cregge, Parks and Recreation Director) 13. Approval of a Traffic Signal Maintenance Agreement between the City of Milton and Siemens Industry, Inc. (Agenda Item No. 16-304) (Carter Lucas, Assistant City Manager) 14. Approval of a Right of Way Maintenance Agreement between the City of Milton and Optech RWM, LLC. (Agenda Item No. 16-305) (Carter Lucas, Assistant City Manager) 15. Approval of an Agreement between the City of Milton and Tri Scapes, Inc. to Provide Facility Landscaping Services, Sport Field Maintenance and Maintenance of Bell Memorial and Providence Parks. (Agenda Item No. 16-306) (Carter Lucas, Assistant City Manager) 16. Approval of a Service Agreement between the City of Milton and Atlanta Gas Light to Provide Gas Service to the New City Hall. (Agenda Item No. 16-307) (Carter Lucas, Assistant City Manager) 17. Approval of the Execution of a Memorandum of Understanding between the Milton Police Department and the Georgia Department of Labor for Unemployment Insurance Information and Employment Histories. (Agenda Item No. 16-308) (Captain John A. Huey III, Police Department) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 19, 2016 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of Amendments to Chapter 20, Soil Erosion, Sedimentation and Pollution Control, Article VI, Soil Erosion within the City of Milton Code of Ordinances. (Agenda Item No. 16-270) (First Presentation at November 21, 2016 Regular City Council Meeting) (Carter Lucas, Assistant City Manager) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. Consideration of RZ16-09 – To Amend the Deerfield Form Based Code in Chapter 64, Article XX. (Agenda Item No. 16-284) (First Presentation at December 5, 2016 Regular City Council Meeting) (Discussed at December 12, 2016 City Council Work Session) (Kathleen Field, Community Development Director) 2. Consideration of RZ16-07 – To Amend the AG-1 (Agricultural) District Regarding Paved and Unpaved Roads in Chapter 64, Article VI, Division 2, in Sec. 64-416. Development Standards. (Agenda Item No. 16-282) (First Presentation at December 5, 2016 Regular City Council Meeting) (Discussed at December 12, 2016 City Council Work Session) (STAFF RECOMMENDS DEFERRAL PENDING ADDITIONAL INFORMATION) (Kathleen Field, Community Development Director) 3. Consideration of RZ16-08 – To Amend the Definitions Regarding Paved and Unpaved Roads in Chapter 64, Article I, in Sec. 64-1. Definitions. (Agenda Item No. 16-283) (First Presentation at December 5, 2016 Regular City Council Meeting) (Discussed at December 12, 2016 City Council Work Session) (STAFF RECOMMENDS DEFERRAL PENDING ADDITIONAL INFORMATION) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 19, 2016 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. Discussion Regarding Amending Chapter 50, Article III, Division 1, Sec. 50-71 Compliance with City Procedures and Guidelines Required. (Paved and Unpaved Roads.) (Agenda Item No. 16-285) (First Presentation at December 5, 2016 Regular City Council Meeting) (Discussed at December 12, 2016 City Council Work Session) (STAFF RECOMMENDS DEFERRAL PENDING ADDITIONAL INFORMATION) (Kathleen Field, Community Development Director) 11) NEW BUSINESS 1. Consideration of a Resolution to Create the Milton Equestrian Committee (MEC). (Agenda Item No. 16-309) (Ken Jarrard, City Attorney) 2. Consideration of the Intergovernmental Agreement Between Forsyth County and the City of Milton for the Provision of Fire-Rescue and Police Services to Certain Property Located within Forsyth County. (Agenda Item No. 16-310) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Community Development 2. Economic Development 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 16-311) The minutes were provided electronically N HOME OF'THE BEST QUALITY OF LIFE IN GEORGI MItTON ESTABLISHED276 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 9, 2016 FROM: Steven Krokoff, City Manager/,✓De AGENDA ITEM: Approval of the Financial Statements for the Period Ending November, 2016, MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Wj APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (440 CITY ATTORNEY REVIEW REQUIRED: () YES (J IQp APPROVAL BY CITY ATTORNEY: () APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: a/ilIZO& REMARKS: ©* YOUM - � PHONE: 678.242.25001 FAX: 678.242.24 99 1Green s iMo�cihwww.c ofmllfonga.uslXyolmlltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - o To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on December 13, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Financial Statements for Period 2 – 2016 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 1.627% over what is anticipated for the second period of the fiscal year. Please remember as you look at the financial statements that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to-date are $4,953,750 and are 13.43% 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 $23,581,831, capital expenditures-to-date total $641,784. 1 of 10 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending November 2016 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,668,000 5,959 - 5,959 8,891 - 8,891 Motor Vehicle Tax 542,000 51,061 44,820 6,241 51,061 44,820 6,241 Intangible Tax 250,000 21,353 20,750 603 21,353 20,750 603 Real Estate Transfer Tax 115,000 4,955 4,773 183 4,955 4,773 183 Franchise Fees 1,915,900 - - - - - - Local Option Sales Tax 8,400,000 726,765 697,200 29,565 726,765 697,200 29,565 Alcohol Beverage Excise Tax 295,000 23,059 24,485 (1,426) 23,059 24,485 (1,426) Business & Occupation Tax 650,000 1,880 - 1,880 3,002 - 3,002 Insurance Premium Tax 1,800,000 - - - - - - Financial Institution Tax 46,000 - - - - - - Penalties & Interest 33,400 2,227 3,206 (979) 4,473 5,363 (889) Alcohol Beverage Licenses 140,000 98,850 119,000 (20,150) 105,600 133,000 (27,400) Other Non-Business Permits/Licenses 19,485 1,273 2,250 (977) 3,621 3,599 22 Zoning & Land Disturbance Permits 217,200 575 18,093 (17,518) 3,125 36,186 (33,061) Building Permits 480,000 24,751 38,400 (13,649) 57,015 86,400 (29,385) Intergovernmental Revenue - - - - - - - Other Charges for Service 519,700 30,113 24,908 5,205 84,981 67,708 17,273 Municipal Court Fines 560,000 28,782 43,614 (14,832) 95,312 101,366 (6,054) Interest Earnings 30,420 5,079 2,535 2,544 10,063 5,070 4,993 Contributions & Donations - 2,500 - 2,500 17,510 - 17,510 Other Revenue 140,612 5,209 5,124 85 45,407 10,247 35,160 Other Financing Sources 1,017,126 81,844 83,069 (1,225) 163,688 166,138 (2,451) Total Revenues 27,839,843 1,116,236 1,132,225 (15,990)1,429,881 1,407,104 22,778 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,759 8,854 11,598 (2,744) 26,424 31,185 (4,761) City Clerk 207,077 16,627 16,836 (209) 33,179 38,952 (5,774) City Manager 691,336 48,297 51,336 (3,039) 105,076 117,265 (12,189) General Administration 72,818 7,523 6,057 1,467 9,395 12,169 (2,774) Finance 452,793 38,753 39,396 (643) 70,653 85,939 (15,286) Legal 290,000 300 300 - 300 300 - Information Technology 921,534 61,496 64,654 (3,158) 199,471 200,010 (539) Human Resources 20,444 27,503 (7,059) 38,370 54,262 (15,892) Risk Management 283,300 - - - 131,778 131,775 3 General Government Buildings 474,354 34,146 48,142 (13,995) 68,292 96,283 (27,991) Communications 205,479 6,175 15,447 (9,272) 21,141 35,155 (14,013) Community Outreach & Engagement 152,443 11,168 12,453 (1,285) 19,169 24,906 (5,736) Municipal Court 298,347 17,733 23,156 (5,423) 43,188 48,415 (5,227) Police 4,430,315 265,177 379,456 (114,279) 643,552 783,083 (139,530) Fire 6,559,155 429,660 535,811 (106,151) 939,875 1,151,743 (211,869) Public Works 2,427,495 98,219 206,658 (108,439) 279,728 417,135 (137,407) Parks & Recreation 1,430,360 392,790 452,143 (59,354) 454,477 540,942 (86,465) Community Development 952,840 60,355 76,441 (16,086) 120,560 159,375 (38,816) Economic Development 179,869 12,882 19,906 (7,024) 22,068 39,602 (17,534) Debt Service - Capital Lease Payment 718,112 - - - 726,400 718,112 8,288 Operating Transfers to Other Funds 6,003,930 500,328 500,127 200 1,000,655 1,000,255 400 Operating Reserve 212,228 - 17,679 (17,679) - 35,357 (35,357) Total expenditures 27,130,544 2,030,927 2,505,097 (474,171)4,953,750 5,722,219 (768,469) Net Income/(Loss)709,299 (914,691)(3,523,868) 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 305$ -$ -$ (305)$ Hometown Jubilee Vendor Fee - - - - Interest Revenues - 0 0 0 Crabapple Fest Sponsor 8,000 1,500 1,500 (6,500) Earth Day Sponsor 2,550 - - (2,550) Concert Sponsor - - - - Mayor's Run Sponsor 1,000 - - (1,000) Donations - 371 371 371 T-shirt Sales - - - - Mayor's Run Reg. Fees - - - - Roundup Food Sales - - - - Total revenues 11,855$ 1,871$ 1,871$ (9,984)$ EXPENDITURES Current: Special Events 75,065$ 3,110$ 11,503$ 63,562$ Total Expenditures 75,065$ 3,110$ 11,503$ 63,562$ OTHER FINANCING SOURCES (USES) Transfers in from Genera; Fund 10,550$ 879$ 1,758$ (8,792)$ Transfers in from Hotel/Motel Tax Fund 47,000$ 7,252$ 7,252$ (39,748)$ Total other financing sources and uses 57,550$ 8,131$ 9,010$ (48,540)$ Net change in fund balances (5,660)$ (621)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2016 3 of 10 Original Budgeted Amounts Amended 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 - - 6,694 6,694 6,694 Cash Confiscations/Federal Funds - - - - - Interest Revenues/State Funds - - 2 4 4 Interest Revenues/Federal Funds - - 2 4 4 Realized Gain on Investments/State Funds - - - - - Budgeted Fund Balance - - - - - Total revenues -$ -$ 6,698$ 6,702$ 6,702$ EXPENDITURES Current: Police -$ -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances -$ -$ 6,702$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2016 4 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 890,000$ 38,067$ 38,067$ (851,933)$ Interest Revenue - - 4 4 Total revenues 890,000$ 38,067$ 38,071$ (851,929)$ EXPENDITURES Current: Public Safety 890,000$ -$ -$ 890,000$ Total Expenditures 890,000$ -$ -$ 890,000$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Operating Transfer Out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ 38,071$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 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$ 7,252$ 7,252$ (59,748)$ Total revenues 67,000$ 7,252$ 7,252$ (59,748)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 47,000 7,252 7,252 (39,748) Total other financing sources and uses 67,000$ 7,252$ 7,252$ (59,748)$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2016 6 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 95,000$ -$ -$ (95,000)$ Infrastructure Maint Penalty & Interest -$ -$ -$ -$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 140,000 - - (140,000) HYA Fees - - - Interest Revenue - - 31 31 Realized Gain or Loss on Investments - - - - Cell Tower Lease - 8,170 12,902 12,902 Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Parks & Rec - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 235,000 8,170$ 12,934$ (222,067)$ EXPENDITURES Capital Outlay City Council 1,007,768$ 6,360$ 14,837$ 992,931$ General Admin 13,762 - - 13,762 General Govt Bldg 6,674,545 - 291,812 6,382,733 Finance - - - - IT 218,600 - - 218,600 Court (1,700) - - (1,700) Police 1,234,713 - 226,240 1,008,473 Fire 1,709,844 - 1,800 1,708,044 Public Works 8,380,053 57,329 96,827 8,283,226 Parks & Recreation 3,662,715 4,926 4,926 3,657,789 Community Development 681,531 5,343 5,343 676,189 Total Capital Outlay 23,581,831$ 73,958$ 641,784$ 22,940,047$ Excess of revenues over expenditures (23,346,831) (65,788) (628,850) (23,162,114) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 5,993,380$ 499,448$ 998,897$ (4,994,483)$ Transfers in from Capital Grant Fund 100,000$ 8,333$ 16,667$ (83,333)$ Transfers in from E-911 Fund -$ -$ -$ -$ Impact Fees/Law Enforcement Fund 15,557$ -$ -$ (15,557)$ Impact Fees/Fire 89,145$ -$ -$ (89,145)$ Impact Fees/Road 111,251$ -$ -$ (111,251)$ Impact Fees/Park 668,123$ -$ -$ (668,123)$ Transfer to the General Fund (243,000) (20,250) (40,500) (202,500) Unallocated - - - -$ Lease Proceeds - - - -$ Proceeds of Sale of Assets - - -$ Budgeted Fund Balance - - - - Total other financing sources and uses 6,734,456 487,532 975,063 (6,164,393) Net change in fund balances (16,612,375) 346,213 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2016 7 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)48,532 - - (48,532) CDBG - - - - LMIG Funds 200,000 369,450 369,450 169,450 GDOT HPP Funds 3,738,408 - - (3,738,408) MARTA Grant 71,863 - - (71,863) SR 9 @ Bethany Bend Grant 872 - - (872) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - Interest Revenues - - - - Total revenues 4,563,737$ 369,450$ 369,450$ (4,194,287)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 4,954,906$ -$ -$ 4,954,906$ Community Development 4,900 - - 4,900 Total Capital Outlay 4,959,806$ -$ -$ 4,959,806$ Excess of revenues over expenditures (396,069) 369,450 369,450 765,519 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers in to General Fund - -$ -$ -$ Transfer Out to Capital Projects Fund (100,000) (8,333) (16,667) (83,333) Budgeted Fund Balance - - - - Total other financing sources and uses (100,000)$ (8,333)$ (16,667)$ (83,333)$ Net change in fund balances (496,069) 352,784 City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2016 8 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 26,522$ 4,191$ 6,003$ (20,519)$ Law Enforcement Fund 15,557$ 1,802$ 2,774$ (12,783)$ Fire Fund 89,145$ 10,337$ 15,895$ (73,250)$ Road Fund 111,251$ 12,889$ 22,941$ (88,310)$ Park Fund 668,123$ 114,979$ 158,485$ (509,638)$ Interest Revenues - (0) 2 2$ Total revenues 910,598$ 144,198$ 206,101$ (704,497)$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures 910,598 144,198 206,101 (704,497) OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ Transfer Out to General Fund/Admin (26,522)$ 26,522$ Transfer Out to Capital Projects Fund/Law Enf (15,557)$ 15,557$ Transfer Out to Capital Projects Fund/Fire (89,145)$ 89,145$ Transfer Out to Capital Projects Fund/Road (111,251)$ 111,251$ Transfer Out to Capital Projects Fund/Park (668,123)$ 668,123$ Total other financing sources and uses (1,821,196)$ -$ -$ 910,598$ Net change in fund balances (910,598) 206,101 City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2016 9 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues - 15 15 Contributions & Donations - - - - Total revenues -$ -$ 15$ 15$ EXPENDITURES Capital Outlay General Government Buildings -$ -$ -$ -$ Parks & Recreation 48,059 - - 48,059 Bond Principal - - - - Bond Interest - - - - Total Capital Outlay 48,059$ -$ -$ 48,059$ Excess of revenues over expenditures (48,059) - 15 48,074 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund (712,604)$ (59,360)$ (118,720)$ (593,884)$ Revenue Bond Proceeds - - - -$ Total other financing sources and uses 712,604$ (59,360)$ (118,720)$ (593,884)$ Net change in fund balances 664,545 (118,705) City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2016 10 of 10 M. HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MI-LTONIP- ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 9, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Service Agreement between the City of Milton and Granicus, Inc. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (j%PPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.}OYES NO CITY ATTORNEY REVIEW REQUIRED: RIES / NO APPROVAL BY CITY ATTORNEY. (*PAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 41141" REMARKS: ©y YOU= PHONE: 678.242.25001 FAX: 678.242.2499 F&en� *c�•,esm* xT4� infc4kIty0fmlHcnga.us I w .clfyofmlHonga.usw Comm, uni + a'd 13DD0 Deerfield Parkway, Suite 107 1 Milton GA 30004 -=E•*•_ ••o.: �+a� To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted on December 12, 2016 for the December 19, 2016 Regular City Council Meeting Agenda Item: Approval of a Service Agreement between the City of Milton, Georgia and Granicus, Inc. --------------------------------------------------------------------------------------------------------------------- Department Recommendation: Approve a contract renewal with Granicus which will allow Granicus to upgrade our current video streaming hardware and stream meetings at better resolutions. Executive Summary: Staff began utilizing Granicus in Spring of 2009. The main purpose of Granicus is to provide historical documentation of public meetings and live streaming during council meetings, BZA, Planning Commission, DRB, Court and other pertinent meetings. Granicus allows citizens/staff to view archived meetings which allows for a continuum of transparency of the city’s business. This new hardware will support the cameras being installed at the new city hall facility. Funding and Fiscal Impact: There will be an upfront cost of $4,500 for hardware and Professional Services installation. The recurring cost will increase by $175 per month. Alternatives: Our current system does not support HD streaming and has reached its warranty expiration date. Legal Review: Ken Strickland – Jarrard & Davis (December 7, 2016) Concurrent Review: Steven Krokoff, City Manager Attachment: Service Agreement—Granicus, Inc. GRANICUS, INC. SERVICE AGREEMENT 1 Version 6.1 GRANICUS, INC. SERVICE AGREEMENT THIS SERVICE AGREEMENT (the “Agreement”), dated as of December 15, 2016 (the “Effective Date”), is entered into between Granicus, Inc., a California Corporation (“Granicus”), and the City of Milton, a body politic and corporate in Fulton County, Georgia (the “Client”). Additional definitions of capitalized terms used herein are set forth in Section 12 hereof. A. WHEREAS, Granicus is in the business of developing, licensing, and offering for sale various streaming media solutions specializing in Internet broadcasting, and related support services; and B. WHEREAS, Granicus desires to provide and Client desires to (i) purchase the Granicus Solution as set forth in the Proposal, which is attached as Exhibit A, and incorporated herein by reference, (ii) continue with Client’s existing solution as described in the Current Solution document, which is attached as Exhibit B, and incorporated herein by reference, (iii) engage Granicus to integrate its Granicus Software onto the Client Website, (iii) use the Granicus Software subject to the terms and conditions set forth in this Agreement, and (iv) contract with Granicus to administer the Granicus Solution through the Managed Services set forth in Exhibits A and B. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements, covenants, representations, and warranties herein contained, the parties hereto agree as follows: 1. GRANICUS SOFTWARE AND MANAGED SERVICES. 1.1 Software and Services. Subject to the terms and conditions of this Agreement, Granicus will provide Client with the Granicus Software, and Managed Services that comprise the Granicus Solution as outlined in Exhibits A and B. Managed Services shall mean the services provided by Granicus to Client as detailed in Exhibits A and B. Managed Services Fee shall mean the monthly cost of the Managed Services, as detailed in Exhibits A and B. 2. GRANT OF LICENSE. 2.1 Ownership. Granicus, and/or its third party supplier, owns the copyright and/or certain proprietary information protectable by law in the Granicus Software. 2.2 Use. Granicus agrees to provide Client with a revocable, non-transferable and non- exclusive license to access the Granicus Software listed in the Proposal and a revocable, non- sublicensable, non-transferable and non-exclusive right to use the Granicus Software. All Granicus Software is proprietary to Granicus and protected by intellectual property laws and international intellectual property treaties. Pursuant to this Agreement, Client may use the Granicus Software to perform its own work, including Client's work with its customers/constituents. Cancellation of the Client’s Managed Services will also result in the immediate termination of the Client’s Software license as described in Section 2.2 hereof. 2.3 Limited Warranty; Exclusive Remedies. Subject to Sections 6.1 and 6.2 of this Agreement, Granicus warrants that the Granicus Software, as provided by Granicus, will substantially perform in accordance with the functionality and features as described in the Proposal GRANICUS, INC. SERVICE AGREEMENT 2 Version 6.1 for as long as the Client pays for and receives Managed Services. Client’s sole and exclusive remedy for any breach by Granicus of this warranty is to notify Granicus, with sufficient detail of the nonconformance, and provide Granicus with a reasonable opportunity to correct or replace the defective Granicus Software. Client agrees to comply with Granicus’ reasonable instructions with respect to the alleged defective Granicus Software. 2.4 Limitations. Except for the license in Section 2.2, Granicus retains all ownership and proprietary rights in and to the Granicus Software, and Client is not permitted, and will not assist or permit a third party, to: (a) utilize the Granicus Software in the capacity of a service bureau or on a time share basis; (b) reverse engineer, decompile or otherwise attempt to derive source code from the Granicus Software; (c) provide, disclose, or otherwise make available the Granicus Software, or copies thereof, to any third party; or (d) share, loan, or otherwise allow another Meeting Body, in or outside its jurisdiction, to use the Granicus Software, or copies thereof, except as expressly outlined in the Proposal. 3. PAYMENT OF FEES 3.1 Client agrees to pay all fees, costs and other amounts as outlined in the Proposal in Exhibit A. 3.2 Fifty percent (50%) of all up-front fees for all products are due upon Granicus’ receipt of an executed agreement or purchase order, as appropriate. The remaining fifty percent (50%) of up-front fees for each product are due upon delivery of the respective product. 3.3 Annual billing for Managed Services for associated products shall begin upon completion of delivery as defined under Section 3.4 below. Client shall be invoiced for a twelve (12) month period commencing upon delivery of the configured product(s). Thereafter, Client will be billed annually in advance. Client agrees to pay all invoices from Granicus within thirty (30) days of receipt of invoice. Client acknowledges that products may be delivered and fully operational separate from the other purchased products. 3.4 For Granicus Hardware, delivery is complete once the Client receives Hardware components with the configured Granicus Software. For Granicus Software, delivery is complete once the Software is installed, configured, tested and deemed by Granicus to be ready for Client’s use, irrespective of any training services provided to Client by Granicus. Upon Granicus Hardware and/or Software delivery, Client will have fifteen (15) days to notify Granicus of any issues or problems. If Client notifies Granicus within such fifteen (15) day period of issues or problems, Granicus will promptly work to fix those issues or problems. Granicus oftentimes sells multiple software suites in one transaction. For Clients that have purchased multiple suites, Granicus reserves the right to start invoicing on a per suite basis when considered delivered. 3.5 Granicus, Inc. shall send all invoices to: Name: David Frizzell Title: IT Manager Address: 13000 Deerfield Pkwy, Ste 107F, Milton GA 30004 Email: david.frizzell@cityofmiltonga.us Commented [LH1]: Please complete this invoicing information section. GRANICUS, INC. SERVICE AGREEMENT 3 Version 6.1 3.6 Upon each yearly anniversary during the term of this Agreement (including both the initial term and all renewal terms), the Granicus Managed Service Fees shall automatically increase from the previous Managed Service Fees by five (5) percent per annum. 3.7 Training Usage Policies. Granicus has established best practice training plans around success with Granicus services, and Clients are encouraged to take advantage of all purchased training up-front in order to achieve the maximum amount of success with their services. All purchased training must be completed within ninety (90) days of the date of the project kickoff call. Any purchased training not used during this ninety (90) day period will expire. If Client feels that it is necessary to obtain more training after the initial ninety (90) day period, Client may purchase additional training at that time. 3.8 Training Cancellation Policies. Granicus’ policies on Client cancellation of scheduled trainings are as follows: (a) Onsite Training. For any cancellations within forty-eight (48) hours of the scheduled onsite training, Granicus, at its sole discretion, may invoice the Client for one hundred (100) percent of the purchased training costs and all travel expenses, including any incurred third party cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted pricing. (b) Online Training. For any cancellations within twenty-four (24) hours of the scheduled online training, Granicus, at its sole discretion, may invoice the Client for fifty (50) percent of the purchased training costs, including any incurred third party cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted pricing. 4. CONTENT PROVIDED TO GRANICUS 4.1 Responsibility for Content. The Client shall have sole control and responsibility over the determination of which data and information shall be included in the Content that is to be transmitted, including, if applicable, the determination of which cameras and microphones shall be operational at any particular time and at any particular location. However, Granicus has the right (but not the obligation) to remove any Content that Granicus believes violates any applicable law or this Agreement. 4.2 Restrictions. Client shall not provide Granicus with any Content that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (ii) violates any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control and e-mail/spam; (iii) is defamatory or trade libelous; (iv) is pornographic or obscene, or promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, indecent, vulgar, or otherwise objectionable or constitutes unlawful content or activity; (v) contains any viruses, or any other similar software, data, or programs that may damage, detrimentally interfere with, intercept, or expropriate any system, data, information, or property of another. 5. TRADEMARK OWNERSHIP. Granicus and Client’s Trademarks are listed in the Trademark Information exhibit attached as Exhibit E. 5.1 Each Party shall retain all right, title and interest in and to their own Trademarks, GRANICUS, INC. SERVICE AGREEMENT 4 Version 6.1 including any goodwill associated therewith, subject to the limited license granted pursuant to Section 5.2 hereof. Upon any termination of this Agreement, each Party’s right to use the other Party’s Trademarks pursuant to this Section 5 terminates. 5.2 Each Party grants to the other a non-exclusive, non-transferable (other than as provided in Section 5 hereof), limited license to use the other Party’s Trademarks as is reasonably necessary to perform its obligations under this Agreement, provided that any promotional materials containing the other Party’s Trademarks shall be subject to the prior written approval of such other Party, approval of which shall not be unreasonably withheld. 6. LIMITATION OF LIABILITY 6.1 Warranty Disclaimer. Except as expressly provided herein, Granicus’ services, software and deliverables are provided “as is” and Granicus expressly disclaims any and all express or implied warranties, including but not limited to implied warranties of merchantability, and fitness for a particular purpose. Granicus does not warrant that access to or use of its software or services will be uninterrupted or error free. In the event of any interruption, Granicus’ sole obligation shall be to use commercially reasonable efforts to restore access. 6.2 Limitation of Liabilities. To the maximum extent permitted by applicable law, Granicus and its suppliers and licensors shall not be liable for any indirect, special, incidental, consequential, or punitive damages, whether foreseeable or not, including but not limited to: those arising out of access to or inability to access the services, software, content, or related technical support; damages or costs relating to the loss of profits or revenues, goodwill, data (including loss of use or of data, loss or inaccuracy or corruption of data), or cost of procurement of substitute goods, services or technology, even if advised of the possibility of such damages and even in the event of the failure of any exclusive remedy. In no event will Granicus’ and its suppliers’ and licensors’ liability exceed the total amount of Managed Services Fees paid by Client under this Agreement for the six (6) month period prior to the date the claim arose, regardless of the form of the claim (including without limitation, any contract, product liability, or tort claim (including negligence, statutory or otherwise). 7. CONFIDENTIAL INFORMATION & OWNERSHIP. 7.1 Confidentiality Obligations. Each party agrees to keep confidential and not disclose to any third party, and to use only for purposes of performing or as otherwise permitted under this Agreement, any Confidential Information of the other Party. The receiving party shall protect the Confidential Information using measures similar to those it takes to protect its own confidential and proprietary information of a similar nature but not less than reasonable measures. Each party agrees not to disclose the Confidential Information to any of its Representatives except those who are required to have the Confidential Information in connection with this Agreement and then only if such Representative is either subject to a written confidentiality agreement or otherwise subject to fiduciary obligations of confidentiality that cover the confidential treatment of the Confidential Information. 7.2 Exceptions. The obligations of this Section 7 shall not apply if receiving party can prove by appropriate documentation that such Confidential Information (i) was known to the receiving party as shown by the receiving party’s files at the time of disclosure thereof, (ii) was already in the public domain at the time of the disclosure thereof, (iii) entered the public domain through no action of the receiving party subsequent to the time of the disclosure thereof, or (iv) is required by law or government order to be disclosed by the receiving party, provided that the GRANICUS, INC. SERVICE AGREEMENT 5 Version 6.1 receiving party shall (i) if permitted by applicable law, notify the disclosing party in writing of such required disclosure as soon as reasonably possible prior to such disclosure, (ii) use its commercially reasonable efforts at its expense to cause such disclosed Confidential Information to be treated by such governmental authority as trade secrets and as confidential. 7.3 Georgia Open Records Act. Granicus acknowledges that Client’s disclosure of documentation is governed by Georgia’s Open Records Act, and Granicus further acknowledges that if Granicus submits records containing trade secret information, and if Granicus wishes to keep such records confidential, Granicus must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. 8. TERM 8.1 The term of this Agreement shall commence on the date hereof and shall continue in full force and effect for thirty-six (36) months after the date hereof. As the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of Client on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent Client’s provision of written notice of non-renewal to Granicus at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Granicus until fully paid for by Client. 8.2 Rights Upon Termination. Upon any expiration or termination of this Agreement, and unless otherwise expressly provided in an exhibit to this Agreement: (a) Client’s right to access or use the Granicus Solution, including Granicus Software, terminates and Granicus has no further obligation to provide any services; (b) Client shall immediately return the Granicus Software and all copies thereof to Granicus, and within thirty (30) days of termination, Client shall deliver a written certification to Granicus certifying that it no longer has custody of any copies of the Granicus Software. (c) Client shall refer to Exhibit F for the four (4) termination/expiration options available regarding Content. 8.3 Obligations Upon Termination. Upon any termination of this Agreement, (a) the parties shall remain responsible for any payments that have become due and owing up to the effective date of termination; (b) the provisions of 2.1, 2.4, 3, 4, 5, 6, 7, 8.2, 11, and 12 of the Agreement, and applicable provisions of the exhibits intended to survive, shall survive termination of this Agreement and continue in full force and effect; (c) pursuant to the termination or expiration options regarding Content as set forth on Exhibit F, Granicus shall allow the Client limited access to the Client’s Content, including, but not limited to, all video recordings, timestamps, indices, and cross-referenced GRANICUS, INC. SERVICE AGREEMENT 6 Version 6.1 documentation. The Client shall also have the option to order hard copies of the Content in the form of compact discs or other equivalent format; and (d) Granicus has the right to delete Content after sixty (60) days following the expiration or termination of this Agreement. 9. PATENT, COPYRIGHT AND TRADE SECRET INFRINGEMENT. 9.1 Granicus’ Options. If the Granicus Software becomes, or in Granicus’ opinion is likely to become, the subject of an infringement claim, Granicus may, at its option and sole discretion, (i) obtain for Client the right to continue to use the Granicus Software as provided in this Agreement; (ii) replace the Granicus Software with another software product that provides similar functionality; or (iii) if Granicus determines that neither of the foregoing options are reasonably available, Granicus may terminate this Agreement and refund any prepaid fees to Client for which it has not received the services. 10. INTERLOCAL AGREEMENT. 10.1 This Agreement may be extended for use by other municipalities, school districts and governmental agencies upon execution of an addendum or other signed writing setting forth all of the terms and conditions for such use, including the products and services and fees applicable thereto. Any such usage by other entities must be in accordance with the City Code, Charter and/or procurement rules and regulations of the respective governmental entity. 11. MISCELLANEOUS. 11.1 Amendment and Waiver. This Agreement may be amended, modified, waived or canceled only in writing signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Any failure by either party to strictly enforce any provision of this Agreement will not be a waiver of that provision or any further default. 11.2 Governing Law. The laws of the State of Georgia shall govern the validity, construction, and performance of this Agreement, without regard to its conflict of law principles. 11.3 Construction and Severability. Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect. 11.4 Independent Contractors. The parties are independent contractors, and no other relationship is intended by this Agreement. 11.5 Force Majeure. Other than payment obligations, neither party is responsible for any delay or failure in performance if caused by any event outside the reasonable control of the party, including without limitation acts of God, government regulations, shortage of supplies, act of war, act of terrorism, earthquake, or electrical, internet or telecommunications outage. 11.6 Closed Captioning Services. Client and Granicus may agree that a third party will provide closed captioning or transcription services under this Agreement. In such case, Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such independent third party. GRANICUS, INC. SERVICE AGREEMENT 7 Version 6.1 12. DEFINITIONS. In addition to terms defined elsewhere in this Agreement, the following terms shall have the meaning specified: 12.1 “Confidential Information” shall mean all proprietary or confidential information disclosed or made available by either party pursuant to this Agreement, directly or indirectly, in any manner whatsoever (including without limitation, in writing, orally, electronically, or by inspection), that is identified as confidential or proprietary at the time of disclosure or is of a nature that should reasonably be considered to be confidential, and includes but is not limited to the terms and conditions of this Agreement, and all business, technical and other information (including without limitation, all product, services, financial, marketing, engineering, research and development information, product specifications, technical data, data sheets, software, inventions, processes, training manuals, know-how and any other information or material); provided, however, that Confidential Information shall not include the Content that is to be published on the Client Website. 12.2 “Content” shall mean any and all, documents, graphics, video, audio, images, sounds and other content that is streamed or otherwise transmitted or provided by, or on behalf of, the Client to Granicus. 12.3 “Client Website” shall mean the Client's existing websites. 12.4 “Granicus Application Programmatic Interface” shall mean the Granicus interface which is used to add, update, extract, or delete information in MediaManager. 12.5 “Granicus Solution” shall mean the Solution detailed in the Proposal, which may include Granicus Software, Installation and Training, Managed Services, and Hardware, as specified in Exhibit A. 12.6 “Granicus Software” shall mean all software included with the Granicus Solution as specified in the attached Proposal that may include but is not limited to: MediaManager™ (includes Uploader, Software Development Kit, and Podcasting Services), MinutesMaker™ (includes LiveManager), MobileEncoder™, VotingSystem™ (includes Public Vote Display). 12.7 “Hardware” shall mean the equipment components of the Granicus Solution, as listed in Exhibit A. 12.8 “Managed Services” shall mean the services provided by Granicus to Client for bandwidth usage associated with live and archived Internet streaming, data storage, and Granicus Solution maintenance, upgrades, parts, customer support services, and system monitoring, as detailed in the Proposal attached as Exhibit A. 12.9 “Managed Services Fee” shall mean the monthly cost of the Managed Services, as specified in Exhibit A. 12.10 “Meeting Body” shall mean a unique board, commission, agency, or council body comprised of appointed or elected officials that meet in a public capacity with the objective of performing decisions through a democratic voting process (typically following Robert’s Rules of Order). Two or more Meeting Bodies may be comprised of some or all of the same members or officials but may still be considered separate and unique Meeting Bodies at Granicus’ sole discretion. For example, committees, subcommittees, city councils, planning commissions, parks and recreation departments, boards of supervisors, school boards/districts, and redevelopment agencies may be considered separate and unique individual Meeting Bodies at Granicus’ sole discretion. GRANICUS, INC. SERVICE AGREEMENT 8 Version 6.1 12.11 “Proposal” shall mean the document where the Granicus Solution that is the object of this Agreement is described along with pricing and training information. 12.12 “Representatives” shall mean the officers, directors, employees, agents, attorneys, accountants, financial advisors and other representatives of a party. 12.13 “Trademarks” shall mean all trademarks, trade names and logos of Granicus and Client that are listed on Exhibit E attached hereto, and any other trademarks, trade names and logos that Granicus or Client may specify in writing to the other party from time to time. This Agreement consists of this Agreement as well as the following exhibits, which are incorporated herein by reference as indicated: Exhibit A: Proposal Exhibit B: Current Solution Exhibit C: Support Information Exhibit D: Hardware Exhibit Exhibit E: Trademark Information Exhibit F: Termination or Expiration Options Regarding Content [signatures on following page] GRANICUS, INC. SERVICE AGREEMENT 9 Version 6.1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, GRANICUS, INC. By: Jason Fletcher Its: Chief Executive Officer Address: 707 17th Street, Suite 4000 Denver, CO 80202 ATTESTED: By: ___________________________ Printed Name: ___________________ Title: Corporate Secretary/Assistant Secretary THE CITY OF MILTON, GEORGIA By: Name: Joe Lockwood Its: Mayor Address: Milton City Hall 13000 Deerfield Parkway Milton, Georgia 30004 Date: ATTESTED: By: _____________________________ Sudie Gordon, City Clerk GRANICUS, INC. SERVICE AGREEMENT 10 Version 6.1 GRANICUS, INC. SERVICE AGREEMENT 11 Version 6 EXHIBIT A PROPOSAL [The remainder of this page is left blank intentionally.] GRANICUS, INC. SERVICE AGREEMENT 12 Version 6 EXHIBIT B CURRENT SOLUTION The current Granicus solutions used by CLIENT include: OPEN PLATFORM GOVERNMENT TRANSPARENCY MEETING EFFICIENCY PERFORMANCE ACCELERATOR CLIENT pays the following monthly managed service fee: $2,144.70/ month. CLIENT’S monthly managed service fees would increase to: $2,319.70/ month. [The remainder of this page is left blank intentionally.] GRANICUS, INC. SERVICE AGREEMENT 13 Version 6 EXHIBIT C SUPPORT INFORMATION 1. Contact Information. The support staff at Granicus may be contacted by the Client at its mailing address, general and support-only telephone numbers, and via e-mail or the Internet. (a) Mailing Address. Mail may be sent to the support staff at Granicus headquarters, located at 707 17th Street, Suite 4000, Denver, CO 80202. (b) Telephone Numbers. Office staff may be reached from 5:00 AM to 5:00 PM Pacific time at (415) 357-3618 or toll-free at (877) 889-5495. The technical support staff may be reached at (415) 357-3618 opt 1. (c) Internet and E-mail Contact Information. The website for Granicus is http://www.granicus.com. E-mail may be sent to the support staff at customercare@granicus.com. 2. Support Policy. When Granicus receives notification of an issue from Client, Granicus, Inc. customer advocate or technical support engineer will respond with notice that they will be actively working to resolve the issue. Granicus, Inc. will make a good faith effort to give an assessment of the issue and an estimated time for resolution. Notification shall be the documented time that the Client either calls or e- mails Granicus, Inc. to notify them of an issue or the documented time that Granicus, Inc. notifies Client there is an issue. Granicus reserves the right to modify its support and maintenance policies, as applicable to its customers and licensees generally, from time to time, upon reasonable notice. 3. Scheduled Maintenance. Scheduled maintenance of the Granicus Solution will not be counted as downtime. Granicus will clearly post that the site is down for maintenance and the expected duration of the maintenance. Granicus will provide the Client with at least three (3) days prior notice for any scheduled maintenance. All system maintenance will only be performed during these times, except in the case of an emergency. In the case that emergency maintenance is required, the Client will be provided as much advance notice, if any, as possible under the circumstances. 4. Software Enhancements or Modifications. The Client may, from time to time, request that Granicus incorporate certain features, enhancements or modifications ("Modifications") into the licensed Granicus Software. Subject to the terms and conditions to this exhibit and the Agreement, Granicus and Client will use commercially reasonable efforts to enter into a written scope of work (“SOW”) setting forth the Modifications to be done, the timeline to perform the work and the fees and costs to be paid by Client for the work. 4.1 Documentation. The SOW will include a detailed requirements and detailed design document illustrating the complete financial terms that govern the SOW, proposed project staffing, anticipated project schedule, and other information relevant to the project. Such Modifications shall become part of the licensed Granicus Software. 4.2 Acceptance. Client understands that all work contemplated by this exhibit is on a “time-and- materials” basis unless otherwise stated in the SOW. Delivery of the software containing the Modifications shall be complete once such software is delivered and deemed by Granicus to be ready for Client’s use. Client will have fifteen (15) days after delivery of the Modifications to notify Granicus GRANICUS, INC. SERVICE AGREEMENT 14 Version 6 of any issues or problems. If Client notifies Granicus within such fifteen (15) day period of issues or problems, Granicus will promptly work to fix those issues or problems. 4.3 Title to Modifications. All such Modifications shall be the sole property of the Granicus. 5. Limitation of Liability; Exclusive Remedy. IN THE EVENT OF ANY INTERRUPTION, GRANICUS’ SOLE OBLIGATION, AND CLIENT’S EXCLUSIVE REMEDY, SHALL BE FOR GRANICUS TO USE COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS AS SOON AS REASONABLY POSSIBLE. GRANICUS, INC. SERVICE AGREEMENT 15 Version 6 EXHIBIT D HARDWARE EXHIBIT THIS HARDWARE EXHIBIT is entered into by Granicus and Client, as an attachment to the Agreement between Granicus and Client, for the Hardware components of the Granicus Solution (the “Hardware”) provided by Granicus to Client. This exhibit is an additional part of the Agreement and is incorporated therein by reference. Capitalized terms used but not defined in this exhibit have the meanings given in the Agreement. 1. Price. The price for the Hardware shall be the price specified in the Proposal. 2. Delivery. Any scheduled ship date quoted is approximate and not the essence of this exhibit. Granicus will select the shipment method unless otherwise mutually agreed in writing. Granicus retains title to and ownership of all Granicus Software installed by Granicus on the Hardware, notwithstanding the use of the term “sale” or “purchase.” 3. Acceptance. Use of the Hardware by Client, its agents, employees or licensees, or the failure by Client to reject the Hardware within fifteen (15) days following delivery of the Hardware, constitutes Client’s acceptance. Client may only reject the Hardware if the Hardware does not conform to the applicable written specifications. 4. Service Response Time. For hardware issues requiring replacement, Granicus shall respond to the request made by the Client within twenty-four (24) hours. Hardware service repair or replacement will occur within seventy-two (72) hours of determination of a hardware issue, not including the time it takes for the part to ship and travel to the Client. The Client shall grant Granicus, or its representatives access to the equipment for the purpose of repair or replacement at reasonable times. Granicus will keep the Client informed regarding the timeframe and progress of the repairs or replacement. Once the Hardware is received Client’s responsibilities will include: a. Mount server on client rack (if applicable) b. Connecting original network cables. c. Connecting original audio and video cables (if applicable). 5. LIMITATION OF LIABILITY. GRANICUS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS EXHIBIT INCLUDING WITHOUT LIMITATI ON LOSS OF PROFIT, WHETHER SUCH LIABILITY ARISES UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. IN NO EVENT WILL GRANICUS’ LIABILITY TO CLIENT ARISING OUT OF OR RELATING TO THIS EXHIBIT EXCEED THE AMOUNT OF THE PRICE PAID TO GRANICUS BY CLIENT FOR THE HARDWARE. 6. Hardware. In the event of malfunction for Hardware provided by Granicus, Hardware will be repaired or replaced as per the warranty, and as detailed in this Exhibit. Granicus provides the above- mentioned services under Client’s acknowledgment that all Granicus tools, and systems will be installed by the manufacturer chosen by Granicus within the Hardware, provided to the client. These software tools have been qualified by Granicus to allow the highest level of service for the client. While it is Granicus’ intention to provide all Clients with the same level of customer care and warranty, should the Client decline these recommended tools, certain levels of service and warranty may not be guaranteed. GRANICUS, INC. SERVICE AGREEMENT 16 Version 6 7. Remote Accessibility. Granicus leverages remote access tools such as Logmein for installation and ongoing maintenance of Granicus software. These tools are designed to provide Granicus technicians with necessary information to diagnose and resolve software problems. Should the Client decide to decline these remote tools, Granicus cannot guarantee optimal level of service due to limited access to Granicus Hardware. Client understand that should they decide to use internal methods of access, such as VPN, Client may need to assist Granicus technicians for remote accessibility during business hours as well as after hours in the event Granicus technicians are unable to access remote Granicus systems. 8. Purchased Hardware Warranty. For Hardware purchased from Granicus by Client, Granicus will provide to Client a three (3) year warranty with respect to the Hardware. Within the three (3) year warranty period, Granicus shall repair or replace any Hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials. Hardware warranty shall commence on the Effective Date of the Agreement. 9. Use of Non-Approved Hardware. The Granicus platform is designed and rigorously tested based on Granicus-approved Hardware. In order to provide the highest level of support, Granicus requires the use of Granicus-approved Hardware in your solution. While it is Granicus’ intention to provide all clients with the same level of customer care and continuous software upgrades, Granicus does not make any guarantees or warranties whatsoever in the event Client uses non-approved hardware. 10. Client Changes to Hardware Prohibited. Client shall not install any software or software components that have not been agreed upon in advance between Client and Granicus technical staff. While it is Granicus’ intention to provide all clients with the same level of customer care, Granicus does not make any guarantees or warranties whatsoever regarding the Hardware in the event Client violates this provision. GRANICUS, INC. SERVICE AGREEMENT 17 Version 6 EXHIBIT E TRADEMARK INFORMATION Granicus Registered Trademarks ® Include: Granicus logo as a mark Granicus® Legistar® MediaVault® MinutesMaker® Mobile Encoder® Outcast Encoder® StreamReplicator® Granicus Trademark Names ™ Include: CivicIdeas™ iLegislate™ InSite™ Integrated Public Record™ Intelligent Routing™ LinkedMinutes™ LiveManager™ MediaCenter™ MediaManager™ MediaVault™ MeetingMember™ MeetingServer™ Simulcast Encoder™ VoteCast™ VoteCast™ Classic VoteCast™ Touch For an updated list of Granicus registered trademarks, trademarks and servicemarks, please visit: http://www.granicus.com/help/legal/copyright-and-trademark/. Client Trademarks GRANICUS, INC. SERVICE AGREEMENT 18 Version 6 EXHIBIT F TERMINATION OR EXPIRATION OPTIONS REGARDING CONTENT In case of termination or expiration of the Agreement, Granicus and the Client shall work together to provide the Client with a copy of its Content. The Client shall have the option to choose one (1) of the following methods to obtain a copy of its Content: Option 1: Video/Audio files made available through an external hard drive or FTP site in its raw non-proprietary format. A CSV file will be included providing file name mapping and date. This option shall be provided to Client at Granicus’ actual cost, which shall not be unreasonable. Option 2: Provide the Content via download from the application UI. This option shall be provided free of charge and is available anytime. Option 3: Provide the means to pull the content using the Granicus Application Programming Interface (API). This option is provided free of charge and is available at any time. Option 4: Professional services can be contracted for a fee to customize the retrieval of content from the system. The Client and Granicus shall work together and make their best efforts to transfer the Content within the sixty (60) day termination period. Granicus has the right to delete Content from its services after sixty (60) days, or whenever transfer of content is completed, whichever is later. HOME OF'iHEBEST QUALITY OF LIFE IN GEORN' MILTOESTABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 13, 2016 FROM: Steven Krokoff, City Manager 0 AGENDA ITEM: Approval of a Parks and Recreation Department Athletic Association Manual and Facility Use Agreement between the City of Milton and Hopewell Youth Association. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,VAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (eES (J NO CITY ATTORNEY REVIEW REQUIRED:''// („ V?ES / J NO APPROVAL BY CITY ATTORNEY: (.?-APPROVED /J NOT APPROVED PLACED ON AGENDA FOR: 11,119ItNil REMARKS: M y You= PHONE: 678.242.25001 FAX: 678.242.2499Gr`een • �n Info�cltyofmllfonga.uslwww.tHyoimlllonga.us, Community,k 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 .....o,:. a To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on December 14, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and Hopewell Youth Association. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Athletic Association Manual and 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 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another youth baseball provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 2, 2016 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and Hopewell Youth Association. HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MI LTON ESTABLISHED 2006 ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL FACILITY USE AGREEMENT TABLE OF CONTENTS PAGE: Department Mission and Philosophy 3 Legal and Organizational Requirements 4 Requirements of Associations 13 City and Park Ordinances 23 Park/Facility Regulations 26 Recreation and Parks Personnel/Contact Information 28 City of Milton Accident/Incident Report Form 29 Facility Use Agreement DEFINITIONS 30 ASSOCIATION: A volunteer -run organization permitted by the City of Milton to implement a formal recreation program on City property. CITY: The City of Milton unless otherwise specified. DEPARTMENT: The City of Milton Parks and Recreation Department. MOU: Memorandum of Understanding. OCGA: Official Code of Georgia Annotated. PRAB: Parks and Recreation Advisory Board of the City of Milton. Pj CITY OF MILTON PARKS & RECREATION DEPARTMENT MISSION AND VISION Mission The Milton Parks & Rec Department is committed to providing quality parks and facilities along with traditional and innovative recreational programs for its residents. We strive to promote healthy lifestyles to support the best quality of life in Milton. Vision The Milton Parks and Recreation Department will develop and maintain premier parks for active, passive and mixed use. We will develop trails that will link key locations within the City of Milton and with other cities. We will offer high quality programs for people of all ages and abilities. The primary focus will be on recreation level activities with limited opportunities for advanced levels of play. Core Values Respect, Excellence, Integrity, Responsiveness, Collaboration, Knowledge, Bold Leadership, Recreation, Inclusiveness, Health 3 LEGAL AND ORGANIZATIONAL REQUIREMENTS In order to qualify as a recognized Association and to operate on City of Milton property, an organization 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 participants. 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. The City of Milton will make an annual payment to the City of Alpharetta, and 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. In exchange, Alpharetta shall waive non-resident fees for Milton residents who participate in Alpharetta recreation programs. 4 Milton/Alpharetta residents participating in recreation programs of either city shall be considered residents of the city sponsoring the program for the purpose of travel/select teams with resident composition requirements and adults will meet affiliated 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" (when capitalized) shall include residents of the cities of Milton and Alpharetta, unless noted otherwise. 4 ELECTION OF OFFICERS Each Association shall have a Board of Directors ("Board"), which shall be the governing body of the 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. Each Association Board will have a City employee liaison and a PRAB liaison. Liaisons must be invited to Association meetings, but will not be voting members of the Board. 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 two weeks 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. 5 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. The City will verify residency and notify the PRAB liaison of the City resident percentage of newly elected Board. 5 ASSOCIATION MEETINGS AND ANNUAL MEETING Upon request, Associations must provide copies of meeting minutes from Association membership and Board meetings to Association members and the 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 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. Submission of these books to the City will be required on July 1. 7 LIABILITY INSURANCE COVERAGE 7.1 Association shall not provide any service until all insurance required under this paragraph has been obtained and approved by the City. 7.2 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 6 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. 7.3 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. 7.4 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. Association shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 7.5 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 its 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 the Association or its subcontractor claims to be exempt from this requirement, it shall provide the City proof of such exemption along with a written request for exemption, written on Association or subcontractor's letterhead. 7.6 The Association shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured. 8 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. 9 REGISTRATION Associations are required 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.cityofmiltonaa.us Associations must notify City of any web address changes. 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 s 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. 10 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 Z 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 team per age group. For purposes of this requirement, "advanced -level" means any level of sport where the number of participants is limited, or a participant must try out to make a team, or a person may fail to qualify for a team. Associations may also form up to two recreation -level "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. 10 12 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. 13 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. 14 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. I 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 12 15 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. Sponsor and team banners are allowed to be displayed at the park on the day of a game only. They must be mounted in a way that does not damage the city property and they must be removed at the end of the day. Banners must not contain any language or images that would be considered offensive or inappropriate around children. 13 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 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 (Attached). 3 BACKGROUND CHECK - OFFICIALS AND UMPIRES Each Association that 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. 4 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. 14 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. 5 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://www.cdc.aov/concussion/HeadsUp/online trainincl.html. It is the policy of the Department to educate coaches, referees, employees and 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 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. 6 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 15 Soccer, Higher Ground, US Lacrosse Association, USA Football, 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 within two weeks of the season start. 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. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Requirement • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 7 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. 8 FEES AND CHARGES Note: Each Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 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 (in the percentage specified in the applicable Facility Use Agreement) 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; player awards, umpires/officials, equipment for the league/teams, first aid supplies, marketing, web administration, general maintenance of facilities, etc. 16 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, but not to exceed $90. 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 City's commission on the registration fee and the City's 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. For all scholarships, the Association need not pay the City's commission on the registration fee. However, scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will not relieve the Association from paying the City non-resident fees for such participants. The Association is responsible for identifying participants who have received a scholarship from the Association. 17 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. 9 PROGRAM/FACILITY SCHEDULES Associations are required to submit all master schedules to the Department 2 weeks prior to the beginning of use of any City facility. The schedule must be in a Microsoft Excel format. 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. 10 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. 11 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. 12 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 18 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. 13 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. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the fields. Bell Memorial Park For the safety of all, the City of Milton uses a lightning detection system located on the roof of the maintenance building (beyond center field of field 5) 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, the bleachers 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. 19 Fulton County School Fields Upon visual or audible evidence of lightning or thunder, all participants are required to clear the field and seek shelter in a building or vehicle. Play will not be permitted until there is no visual or audible indication of thunder or lightning for a continuous 30 minutes. Every indication of thunder or lightning restarts the clock. 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. 14 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. 15 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. 16 INCIDENTS INVOLVING VANDALISM 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. FM 17 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. 18 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 scoreboard 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. 19 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. 20 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. 21 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 21 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. 22 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 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 book/video 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. 23 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 Pe# rent facilities to teams and programs that compete with the City's partner Associations a total of three times in a calendar year and no more than twice in a quarter. 24 PARTICIPANT EVALUATIONS 22 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 request, the Association must make completed participant evaluations available to the Department. City reserves the right to conduct independent participant surveys. 23 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. 24 (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. (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. (j) 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 25 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, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014) 26 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 Association must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of the right to use City facilities. All Associations must enact and enforce a policy of ZERO tolerance for abusive behavior while at an Association event on-site or at an away facility. 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, hover boards 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. l O.The use of unmanned aerial vehicles (UAVs) or drones is prohibited at all active parks within the City. 27 I ].Music may be played in the park at a volume that does not interfere with other activities. Any organization that receives a reasonable request to lower the volume must do so or risk cancellation of scheduled activities. Music played must not contain inappropriate language (e.g., containing sexually explicit, degrading or violent words or themes) and must be family friendly. DJs are not permitted without a special use permit. 12.Synthetic multi -sport field rules & restrictions: a) No pets of any kind b) No food or beverages, including gum, seeds, nuts, sports drinks or soft drinks c) ONLY PLAIN WATER IS ALLOWED d) No glass containers e) No smoking or tobacco products of any kind f) No playing golf g) No tent stakes, spikes, etc. may be driven into the turf h) No metal or detachable cleats - only sneakers or molded plastic cleats i) No painting, chalking or marking field j) No vehicles, bikes, scooters, skateboards, roller- or inline skates, strollers or hover boards k) No grills, fireworks or fires of any kind 1) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2489 or jim.cregae@cityofmiltonga.us 28 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 jim.creaae@cityofmilfonqa.us Program Manager Tom McKlveen 678-242-2519 tom.mcklveen@cityofmiltonga.us 29 City of Milton Accident / Incident Report Form Date of accident/incident Time of accident/incident Facility where accident/incident occurred Specific location of accident/incident within the facility_ Number of persons involved Police notified Information on persons involved in the accident/incident: Y _N EMS notified _Y _N NAME (please print) PHONE Under the age of 18 Day: Evenin Evening: Day: Day: Evenin Evening: Day: Day: Evening: Evening: Day: information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evenin Day: Evenin Day: Evening: Day: Evenin ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment _Y _ N Photos of accident/incident site taken Y N Person completing form Person completing form Print name Day phone Signature Evening phone Date 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 jim.creggeCcityofmiltonga.us 30 FACILITY USE AGREEMENT This agreement, made this 13 day of %` 20_L�' by the City of Milton ("City") and f- aDryc ll I/oui -WI a Georgia non-profit corporation called the "Association." A c',' o41 o , Witnesseth: In consideration of the mutual agreements contained in this document, the City and Association agree as follows: 1. The Association agrees to provide a youth sports program (organized league play), to wit YOUTH BASEBALL LEAGUES, CLINICS AND CAMPS as a service for the City in accordance with all policies and procedures for youth sports associations operating on City property including the Athletic Association Facility Organizational Requirements Manual to which this Agreement is attached. 2. The term of this agreement will begin JANUARY 1, 2017 and continue through DECEMBER 31, 2017. 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 Bell Memorial Park and Hopewell Middle 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 5:OOPM TO 1 O:OOPM SATURDAYS: FROM 8:OOAM TO 10:00PM SUNDAYS: FROM 12:OOPM TO 10:00PM DATES: January 1, 2017 -December 31, 2017 4. In consideration for the usage of the facilities, the Association agrees to a direct payment to the City of 15% commission on all registration fees and 100% of all applicable non-resident fees. 5. 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. 31 6. 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. 7. 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. 8. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 9. 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. 10. This agreement may be modified only by a written agreement between the City and the Association. 11. 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 32 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. 12. 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. 13. 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: HOPEWELL YOUTH ASSOCIATION ADDRESS: CITY/STATE/ZIP: 14,1 14c, A , ( N J dOo PHONE: 57 3 ., � 7 �' 7 O j WEBSITE: l/101N0J, kope-Ve l (bust bo 11( p rr ii^_ EMAIL: re S - Je,i-f I )ot we G+S E' Pa 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.cityofmiltongaus jim.cregae@cityofmiltonga.us 14. It is agreed between the City and the Association that this agreement may be executed in counterparts, each of which shall constitute an original. 15. 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. 33 16. The Association shall not have the right to assign the interest it holds in this agreement. 17. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 18. 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. 19. 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. 20. The Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 21. 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. 22. 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 34 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. 23. 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 terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. 35 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: L Pr ident / Name: �u a r) (Typed or Printed) Date: Attest: kayl6w t Organization Sec tary Name: aYI (Typed or Printed) iTY: 40O By:_ Joe Lockwood iT— Mayor, City of Milton Date: [AFFIX CORPORATE SEAL] 7019 Attest: Name: Date: W HOPEY011-01 'TN _T0TST 1 'Q` Q CERTIFICATE OF LIABILITY INSURANCE DATE 12/12/2016Y) 12!12/2016 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 have ADDITIONAL INSURED provisions or 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 Terry L. Green & Associates, Inc. 3100 Five Forks Trickum Road CONTACT NAME: HO"N 67$ 344-9994 FAX ( ): ) (Ara, No): (770) 978-2780 Ao RESS: info@esportsinsurance.Com Suite 101 Lilburn, GA 30047 A X COMMERCIAL GENERALLIABILnY CLAIMS MADE X OCCUR FP INSURERS AFFORDING COVERAGE NAIC # INSURER A: Atlantic Specialty Insurance Company 27154 CP04948-D1-10685 INSURED INSURER B: INSURER C: Hopewell Youth Association 704 Macy Drive Roswell, GA 30076 INSURER D: INSURER E : INSURER F : COVERAGES CFRTIFICATF NIIMRFR- oc%ncinwr Kim IOIOc�. THIS 1S 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 NSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDNYYY) POLICY EXP (MMIDDArYM LIMITS A X COMMERCIAL GENERALLIABILnY CLAIMS MADE X OCCUR FP X CP04948-D1-10685 02/15/2016 42/15/2017 EACH OCCURRENCE I $ 1,000,000 DAMAGE TO RENTED 100,000 PREMISES1EaocwrrenceI $ MED EXP (Any oneerson _+$ 5,000 PERSONAL & ADV INJURY $ 1,000,000 ________ GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY E] JEPRO- LOC CT GENERAL AGGREGATE $ 3,000,000 i PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: PARTICIPANTS $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident $ HIRED NON -OWNED ONLY AUTOS ONLY I 1EAUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ - E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage is provided under this policy for sponsored and supervised activities of the named insured for which a premium has been paid. Youth Baseball Certificate Holder is named as an additional insured. Fulton County Board of Education 786 Cleveland Ave SW Atlanta, GA 30315 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOREZED REPRESENTATIVE ACUKU Z5 (ZUlb/U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HOPEYOU-01 RCROOK A�OR� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIY TYPE OF INSURANCE 12/13!20166 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 have ADDITIONAL INSURED provisions or 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 Terry L. Green & Associates, Inc. 3100 Five Forks Trickum Road Suite 101 Lilburn, GA 30047 CONTACT Rhonda Crook PHONE FAX (Arc, No, Ext}: (VC, No}: E-MAIL ADDRESS: X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCURCP04948-01-10685 X INSURERS AFFORDING COVERAGE NAIC # INSURER A: Atlantic Specialty Insurance Company 27154 02/15/2016 INSURED INSURERB: INSURER C: Hopewell Youth Association 704 Macy Drive Roswell, GA 30076 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATF NtIMRFR• oevtctnru eureeovb. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSD WVD POLICY NUMBER MM!-DDY EFF'YYYJ IPO/LDIp EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCURCP04948-01-10685 X 02/15/2016 02/15/2017 EACH OCCURRENCE $ 1,000,000 _ DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ MED EXP (Any oneperson) $ 5,000 -J - PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PE0 E7 LOC ! J GENERAL AGGREGATE $ 3,000,000 PRODUCTS $ 2,0 00,000 PARTICIPANTS $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ _ BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED BODILYINJURY Per accident $ AUTOS ONLY I AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ $ —i� UMBRELLA LIAR EXCESS LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �, / N ANY PROPRIETOPJPARTNER/EXECUTIVE U OFFICERlMEMBER EXCLUDED? (_ I (Mandatory in NH) If yes, describe under N / A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage is provided under this policy for sponsored and supervised activities of the named insured for which a premium has been paid. Youth Baseball Certificate Holder is named as an additional insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton Director of Parks and Recreation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Pkw Suite 107G Milton, GA 30004 AUTHORIZED REPRESENTATIVE i_ At1UKU ZO (ZU1b1U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD It FORS al m1. ITINIiI- Service Report (Summary) Com r<�n ti.n n hin.mi-, Completion Date: 10/26/2016 Gender: MALE Service ComoonentS Check-it-Twice"m National Criminal OFAC SSN Validation Address Trace SOR records search County Records Search SALAS, JUAN CARLOS II - FULTON, GA Determination Information This report is not an approval or denial of participation. Please consult with your organization regarding participation status. Determination Type Primary Determination Determination Date Background Check GREEN LIGH I 10/26/2016 Report Disclaimers This report has been prepared for the permitted purpose of determining whether to retain the applicant as a volunteer, employee, coach, board member, staff, official, or any other authorized representative.This report shall not be used in violation of the terms of the effective Data Access Agreement/Service Agreement nor any law or regulation. The content of this report is provided subject to the Terms of Use Agreement on the NCSI website which is incorporated here by reference. This report shall not be resold, sublicensed, delivered, or displayed in any way or used by a third party. All information in this report shall remain confidential. If this report is intended to be used for employment screening purposes, NCSI recommends consultation with legal counsel to review the screening criterion to ensure compliance with applicable employment related laws. Permissible Purpose The federal Fair Credit Reporting Act imposes criminal penalties -including a fine, up to two years in prison, or both against anyone who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses, and other penalties for anyone who obtains such information without a permissible purpose. - Disclaimer Source: Fair Credit Reporting Act NCSI Report Disclaimer NOTE: THE ACCURATE INPUT OF NAME, SSN, DATE OF BIRTH AND ADDRESS IS REQUIRED TO IMPROVE THE RETRIEVAL OF INFORMATION RELATING TO THE REGISTRANT/APPLICANT. While a public record may have been found with elements matching the information presented by your registrant/applicant and these records are obtained from government public record sources, the ACCURACY OR COMPLETENESS OF THE INFORMATION IS NOT GUARANTEED. Information contained herein should not be the sole determining factor in evaluation of the individual. This report is submitted in STRICT CONFIDENCE and, except where required by law, no information provided in this Page 1 of 2 Registrant Information Client Information Legal Name: SALAS, JUAN CARLOS II Account: HOPEWELL YOUTH ASSOCIATION INC ID Number: 3022-6811-8584-2604 Parent Account: LEAGUEATHLETICS.COM Date of Birth: XX/XX/1981 Self Reg. #: 70197303 - APPLICANT SSN: XXX-XX-XX11 Service Level: Full -Service Current Address: 125 ROXBURY ROW, MILTON, GA 30004 Term Length: 12/24 Phone Number: (573) 578-5889 Registration Date: 10/21/2016 Email Address: JSALASII@GMAIL.COM Gender: MALE Service ComoonentS Check-it-Twice"m National Criminal OFAC SSN Validation Address Trace SOR records search County Records Search SALAS, JUAN CARLOS II - FULTON, GA Determination Information This report is not an approval or denial of participation. Please consult with your organization regarding participation status. Determination Type Primary Determination Determination Date Background Check GREEN LIGH I 10/26/2016 Report Disclaimers This report has been prepared for the permitted purpose of determining whether to retain the applicant as a volunteer, employee, coach, board member, staff, official, or any other authorized representative.This report shall not be used in violation of the terms of the effective Data Access Agreement/Service Agreement nor any law or regulation. The content of this report is provided subject to the Terms of Use Agreement on the NCSI website which is incorporated here by reference. This report shall not be resold, sublicensed, delivered, or displayed in any way or used by a third party. All information in this report shall remain confidential. If this report is intended to be used for employment screening purposes, NCSI recommends consultation with legal counsel to review the screening criterion to ensure compliance with applicable employment related laws. Permissible Purpose The federal Fair Credit Reporting Act imposes criminal penalties -including a fine, up to two years in prison, or both against anyone who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses, and other penalties for anyone who obtains such information without a permissible purpose. - Disclaimer Source: Fair Credit Reporting Act NCSI Report Disclaimer NOTE: THE ACCURATE INPUT OF NAME, SSN, DATE OF BIRTH AND ADDRESS IS REQUIRED TO IMPROVE THE RETRIEVAL OF INFORMATION RELATING TO THE REGISTRANT/APPLICANT. While a public record may have been found with elements matching the information presented by your registrant/applicant and these records are obtained from government public record sources, the ACCURACY OR COMPLETENESS OF THE INFORMATION IS NOT GUARANTEED. Information contained herein should not be the sole determining factor in evaluation of the individual. This report is submitted in STRICT CONFIDENCE and, except where required by law, no information provided in this Page 1 of 2 report may be revealed directly or indirectly to any person except to one whose official duties require them to pass on the transaction in relation to which this report was ordered. (County felony criminal records are checked at the court of general jurisdiction only. Felony records are typically housed in one location, however, jurisdictional variations may occur.) Remember, you must comply with your obligations under the federal Fair Credit Reporting Act, your Data Access Agreement, and the other applicable federal, state and local laws The SSN/Name/Address history product may be used exclusively to identify potential previous names and addresses the registrant/applicant may have used and to obtain their date of birth and verify their Social Security Number. The results of this search shall not be used directly for the purpose of making employment decisions. However, the results may be used to broaden the scope of the background checks to include additional jurisdictions and names beyond those that the registrantlapplicant disclosed and to narrow the background check by including their date of birth in those cases where this information is not obtained from the registrant/applicant. The results of these expanded background checks may be used for making employment decisions in accordance with the FCRA and applicable state and local statutes. Page 2 of 2 HOME OF'THE BEST QUALtiY OF LlO EOR MILT ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 13, 2016 FROM: Steven Krokoff, City Manager 9) AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Agape Academy, LLC. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.�/ES () NO CITY ATTORNEY REVIEW REQUIRED: (.l'KES () NO APPROVAL BY CITY ATTORNEY. (,�(PPROVED PLACED ON AGENDA FOR: (L�t9Iz°T6 REMARKS: () NOT APPROVED Jj y you( PHONE: 678.242.25001 FAX: 678.242.2499 info6DclfyolmiMonga.us &den 4► www.cltyoimiltonga.us w CommunityE; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - �.^*^_• ••�•_E - a To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on December 14, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Agape Academy, LLC. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Agape Academy, LLC. Executive Summary: Agape Academy, LLC provides the city with our tennis program. This program will offer tennis leagues camps, leagues and clinics at Fulton County School tennis courts. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another tennis provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 2, 2016 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Facility Use Agreement between The City of Milton and Agape Academy, 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 AGAPE ACADEMY, 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 AND ADULT TENNIS ACTIVITIES at the following locations: NORTHWESTERN MIDDLE SCHOOL AND HOPEWELL MIDDLE 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 four (4) 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 can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton and the City of Alpharetta will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident fees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 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. 1.7 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. 1.8 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. 1.9 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. 1.10 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. 1.11 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. 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 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. 1.15 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. 2 1.16 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. 1.17 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. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their coaches and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. 1.20 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.21 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 equipment 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, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 3 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 some as being safe and suitable for the use intended. ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the 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 15% 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 85% 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 fifteen (15) 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. 4 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 5 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. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION 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 Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; 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 Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured.. 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 M 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. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2017, 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 or anyone for whose acts the PROVIDER or subcontractor may be liable, 7 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 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 andrvrnATil Y\Ziv,\C fo\r)the PROVIDER. All other notices, requests, demands, writings, or correspon e ce, 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: 9 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 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. ak100 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. H 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 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 SUDIE GORDON, CITY CLERK ATTEST: Print: N Its: RC j cu (Assistant) Corporate Se retary (required if corporgtjpn),,.. EX FIRES GIFOR61A November 11, 2019 _ S C CITY: BY: JOE LOCKWOOD, MAYOR PROVID R: C64 a Print: Its: (circle._one) President/Vice President [Corporation) - Genera-iPdrTner (Parfnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation 12 EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] 13 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: I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. Executed on 1� �` , 201 bin ,1 �1 (city), Date of Authorization D(sta). Name of Contractor A I Sign_ f u ri ed fficer or Agent Name of Project Printed Name na Title of Authorized Officer or Agent Name of Public Employer S. RIBED AND -SWORN BEFORE ME ON THIS THE (. DAY OF 1�f'(rj�] 1� ✓ ,201. _ R;n(XVTA'A�- NOTARY PUBLIC; „ally"nuuuq„ [NOT�E]C A I )1W IA 11, 2019 My Commission Expires: &LJ ] 1Fo7 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: eVe(fy Number Date of Authorization Name of Contractor Name of Project Name of Public Employer UP I hereby declare under penalty of perjury that the foregoing is true and correct. Executed/n, 201M, in I V ( ity), Ilultq. \ A,A,A\V(AA Authorizedf er Agent 2�� Printed N6m"nd Title of Authorized Officer or Agent SUBSCRIBED AJ f SWORN BEFORE ME ON THIS THE DAY OF T_ --CSC Ebibi';2014, NOTARY PUB EXPIRES � "i-ORG[, November 11 29: B LJC My Commission Expires: CITY OF MILTON 2017 WINTER/ SPRING JUNIOR TENNIS PROGRAMS February 6 — May 51h ( 12 weeks) No classes April 3rd — 7rh ELITE ACADEMY (ADVANCED) Elite academy is for serious tennis players who desire to play high school, college, or in sanctioned tournaments. Classes will progressively focus on developing the physical, mental, and emotional skill sets necessary to achieve at these levels. Players in Elite Academy will be held to a high standard of work ethic and attitude. ELITE III (ELEMENTARY SCHOOL Players must be in Elementary School Mondays and Wednesdays 4-6PM Two days per week/ 32 sessions: $896/$960 One day per week/16 sessions: $448/$480 ELITE II (MIDDLE SCHOOL) Players must be in Middle School Mondays and Wednesdays 6-8PM Two days per week/ 32 sessions: $896/$960 One day per week/16 sessions: $448/$480 ELITE I (HIGH SCHOOL) Players must be in High School Mondays, Tuesdays, and Thursdays 5:00-7:OOPM Three days per week / 45 sessions: $1,260/$1,350 Two days per week / 32 sessions: $896/$960 DEVELOPMENT ACADEMY (INTERMEDIATE) Development academy is for intermediate level players who have some experience and have played on ALTA and USTA teams. Players will be taught advanced fundamentals of the game to prepare for higher level sanctioned tournaments and middle and high school team play. Students here should be playing in ALTA and USTA leagues as well as entry level tournaments. Development II (ELEMENTARY SCHOOL) Elementary School Ages Tuesdays and Thursdays 4:00-5:30PM Two days per week/ 32 sessions: $736/$800 One day per week/ 16 sessions: $368/$400 Development I (MIDDLE AND HIGH SCHOOL) Middle and High School Ages Tuesdays and Thursdays 5:30-7:30PM Two days per week/ 32 sessions: $896/$960 One day per week/ 16 sessions: $448/$480 QUICKSTART TRACK (BEGINNER) Quickstart classes are for players who are still in the early stages of learning or who have limited to no experience. Players will be taught the fundamentals of the game in a fun, learning environment. The goal is to prepare these players to learn the skills needed to play on ALTA or USTA teams. Quickstart H/ ( Red Ball) Ages 4, 5, 6 Mondays and Wednesdays 3:45-4:30PM Two days per week/ 32 sessions: $384/$448 One day per week/ 16 sessions: $192/$224 Quickstart II ( Orange Ball) Ages 7-10 Mondays and Wednesdays 4:30-5:30PM Two days per week/32 sessions: $448/$480 One day per week/ 16 sessions: $224/$240 Quickstart I ( Green Ball) Ages 11 and up Mondays and Wednesdays 5:30-7:OOPM Two days per week/32 sessions: $736/$800 One day per week/ 16 sessions: $368/$400 CITY OF MILTON 2017 WC WINTER/SPRING ADULT DRILL SCHEDULE Begins February 61h - May 261h MONDAYS: 9:00-10:30AM OPEN DOUBLES DRILLS 10:30-12:00PM BEGINNER LADIES TUESDAYS: 9:00-10:OOAM CARDIO TENNIS 10:00-11:30AM HEAVY HITTER DRILLS 11:30-1:00PM OPEN DOUBLES DRILLS 7:00-8:30PM MEN'S ADVANCED DRILLS WEDNESDAYS: 9:00-10:OOAM CARDIO TENNIS 10:00-11:30AM DOUBLES STRATEGY 12:30-2:00PM ADULT ACADEMY THURSDAYS: 7:00-8:30PM MEN'S BEGINNER/INTERMEDIATE DRILLS FRIDAYS: 9:00-10:OOAM STROKE OF THE WEEK 10:00-11:30AM FRIDAY FUN DOUBLES PLEASE RSVP AT LEAST 24 HOURS IN ADVANCE TO THE COACHES LISTED TO RESERVE YOUR SPOT FOR EACH CLASS ' 'ROk�CERTIFICATE OF LIABILITY INSURANCE DATE (MMD /DIYYYY) PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 12!1313/22016 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Coastal Plains Insurance, LLC AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS P.O. Box 6869 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Hilton Head Island, SC 29928 COVERAGE AFFORDED BY THE POLICIES BELOW. ® Erica James, AINS — (843)785-7733 ext 252 — Erica (a)Co�asstalplains.corn PHPKIS27284 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Philadelphia Indemnity Insurance Co. 18058 INSURER B: Professional Tennis Registry INSURER C: P.O. Box 4739 Hilton Head Island, SC 29938 ❑ INSURER D: INSURER E: UU V tKAUtb 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM1DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A ® GENERAL LIABILITY ® COMMERICAL GENERAL LIABILITY F-10 CLAIMS MADE ® OCCUR PHPKIS27284 9/1/2016 9/1/2017 EACH OCCURENCE $1,000,000 DAMAGE TO RENTED $100,000 PREMISES Ea occurrence MED EXP (Any one person) $ PERSONAL&ADV INJURY $1,000,000 ❑ GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $3,000,000 ® POLICY F] PROJECT F] LOC $ ❑ AUTOMOBILE LIABILITY ❑ ANY AUTO COMBINED SINGLE LIMIT (Each Occurrence) $ ❑ ALL OWNED AUTOS ❑ SCHEDULED AUTOS BODILY INJURY (Per person) $ ❑ HIREDAUTOS ❑ NON-OWNEDAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) EXCESS/UMBRELLA LIABILITY ® OCCUR ❑ CLAIMS MADE PHUB550036 9/1/2016 9/1/2017 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 $ ❑ DEDUCTIBLE ® RETENTION $10.000 $ $ ❑WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER TOWC STATU- RY LIMITS ❑ OT E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECU- TIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ ❑ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 62802 - Certificate Holder is listed as Additional Insured # 561 with respects to PTR Member# 62802, Amy Pazahanick 6003 Waters Edge Trail Roswell, GA 30075 GtK 111-IL:A I t HL)LUtK GANGELLATIUN City of Milton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 13000 Deerfield Pkwy EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO Milton, GA 30004 MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 'J ACUKU 25 (zUU1/U8) © ACORD CORPORATION 1988 HOME OF' HE BEST QUALITY OF LIFE W GEORGIA � MILTOESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 13, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Athletic Association Manual and Facility Use Agreement between the City of Milton and Eagle Stix Rec., Inc. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,YYES () NO CITY ATTORNEY REVIEW REQUIRED: (- YES () NO APPROVAL BY CITY ATTORNEY. (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: I1,I19I2olL REMARKS: © * Your- PHONE:678.242.25001 FAX: 678.242.2499Greeri - ® "* oyofmlitonga.us l v .cltyofmiHongams IMfcR a ILOW 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 December 14, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and Eagle Stix Rec, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Athletic Association Manual and Facility Use Agreement between The City of Milton and Eagle Stix Rec, Inc. Executive Summary: Eagle Stix Rec provides the city with the youth girls lacrosse program. This program will offer lacrosse leagues and camps at Bell Memorial Park, as well as Fulton County School athletic fields. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another youth lacrosse provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 2, 2016 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and Eagle Stix Rec, Inc. HOMF QF E - -, -7IA' M -)NI t AL LSTAB LISI II:D 2006 ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AND FACILITY USE AGREEMENT TABLE OF CONTENTS PAGE: Department Mission and Philosophy 3 Legal and Organizational Requirements 4 Requirements of Associations 13 City and Park Ordinances 23 Park/Facility Regulations 26 Recreation and Parks Personnel/Contact Information 28 City of Milton Accident/Incident Report Form 29 Facility Use Agreement DEFINITIONS 30 ASSOCIATION: A volunteer -run organization permitted by the City of Milton to implement a formal recreation program on City property. CITY: The City of Milton unless otherwise specified. DEPARTMENT: The City of Milton Parks and Recreation Department. MOU: Memorandum of Understanding. OCGA: Official Code of Georgia Annotated. PRAB: Parks and Recreation Advisory Board of the City of Milton. 2 CITY OF MILTON PARKS & RECREATION DEPARTMENT MISSION AND VISION Mission The Milton Parks & Rec Department is committed to providing quality parks and facilities along with traditional and innovative recreational programs for its residents. We strive to promote healthy lifestyles to support the best quality of life in Milton. Vision The Milton Parks and Recreation Department will develop and maintain premier parks for active, passive and mixed use. We will develop trails that will link key locations within the City of Milton and with other cities. We will offer high quality programs for people of all ages and abilities. The primary focus will be on recreation level activities with limited opportunities for advanced levels of play. Core Values Respect, Excellence, Integrity, Responsiveness, Collaboration, Knowledge, Bold Leadership, Recreation, Inclusiveness, Health LEGAL AND ORGANIZATIONAL REQUIREMENTS In order to qualify as a recognized Association and to operate on City of Milton property, an organization 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 participants. 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. The City of Milton will make an annual payment to the City of Alpharetta, and 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. In exchange, Alpharetta shall waive non-resident fees for Milton residents who participate in Alpharetta recreation programs. 4 Milton/Alpharetta residents participating in recreation programs of either city shall be considered residents of the city sponsoring the program for the purpose of travel/select teams with resident composition requirements and adults will meet affiliated 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" (when capitalized) shall include residents of the cities of Milton and Alpharetta, unless noted otherwise. 4 ELECTION OF OFFICERS Each Association shall have a Board of Directors ("Board"), which shall be the governing body of the 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. Each Association Board will have a City employee liaison and a PRAB liaison. Liaisons must be invited to Association meetings, but will not be voting members of the Board. 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 two weeks 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. 5 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. The City will verify residency and notify the PRAB liaison of the City resident percentage of newly elected Board. 5 ASSOCIATION MEETINGS AND ANNUAL MEETING Upon request, Associations must provide copies of meeting minutes from Association membership and Board meetings to Association members and the 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 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. Submission of these books to the City will be required on July 1. 7 LIABILITY INSURANCE COVERAGE 7.1 Association shall not provide any service until all insurance required under this paragraph has been obtained and approved by the City. 7.2 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 n 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. 7.3 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. 7.4 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. Association shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 7.5 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 its subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: r' A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If the Association or its subcontractor claims to be exempt from this requirement, it shall provide the City proof of such exemption along with a written request for exemption, written on Association or subcontractor's letterhead. 7.6 The Association shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured. 8 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. 9 REGISTRATION Associations are required 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.cityofmiltonaa.us Associations must notify City of any web address changes. 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 s 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. 10 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 0 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 team per age group. For purposes of this requirement, "advanced -level" means any level of sport where the number of participants is limited, or a participant must try out to make a team, or a person may fail to qualify for a team. Associations may also form up to two recreation -level "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. 10 12 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. 13 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. 14 CHANGES TO PROGRAM CONTENT, STRUCTURE, PHILOSOPHY, ETC. Each Association shall communicate to the PRAB liaison(s) and Department liaisons) any and all substantial changes in their program. 11 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 12 15 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. Sponsor and team banners are allowed to be displayed at the park on the day of a game only. They must be mounted in a way that does not damage the city property and they must be removed at the end of the day. Banners must not contain any language or images that would be considered offensive or inappropriate around children. 13 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 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 (Attached). 3 BACKGROUND CHECK - OFFICIALS AND UMPIRES Each Association that 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. 4 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. 14 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. 5 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://www.cdc.aov/concussion/HeadsUp/online training.html. It is the policy of the Department to educate coaches, referees, employees and 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 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. 6 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 15 Soccer, Higher Ground, US Lacrosse Association, USA Football, 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 within two weeks of the season start. 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. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Requirement • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 7 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. 8 FEES AND CHARGES Note: Each Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 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 (in the percentage specified in the applicable Facility Use Agreement) 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; player awards, umpires/officials, equipment for the league/teams, first aid supplies, marketing, web administration, general maintenance of facilities, etc. 16 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, but not to exceed $90. 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 City's commission on the registration fee and the City's 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. For all scholarships, the Association need not pay the City's commission on the registration fee. However, scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will not relieve the Association from paying the City non-resident fees for such participants. The Association is responsible for identifying participants who have received a scholarship from the Association. 17 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. 9 PROGRAM/FACILITY SCHEDULES Associations are required to submit all master schedules to the Department 2 weeks prior to the beginning of use of any City facility. The schedule must be in a Microsoft Excel format. 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. 10 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. 11 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. 12 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 18 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. 13 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. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the fields. Bell Memorial Park For the safety of all, the City of Milton uses a lightning detection system located on the roof of the maintenance building (beyond center field of field 5) 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, the bleachers 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. 19 Fulton County School Fields Upon visual or audible evidence of lightning or thunder, all participants are required to clear the field and seek shelter in a building or vehicle. Play will not be permitted until there is no visual or audible indication of thunder or lightning for a continuous 30 minutes. Every indication of thunder or lightning restarts the clock. 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. 14 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. 15 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. 16 INCIDENTS INVOLVING VANDALISM 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. 20 17 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/incidenf. Any and all accidents/incidents must be reported. 18 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 scoreboard 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. 19 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. 20 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. 21 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 21 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. 22 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 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 materia►, 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. 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. 23 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 ne# rent facilities to teams and programs that compete with the City's partner Associations a total of three times in a calendar year and no more than twice in a quarter. 24 PARTICIPANT EVALUATIONS 22 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 request, the Association must make completed participant evaluations available to the Department. City reserves the right to conduct independent participant surveys. 23 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. 24 (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. (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. (j) 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 25 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, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014) 26 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 Association must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of the right to use City facilities. All Associations must enact and enforce a policy of ZERO tolerance for abusive behavior while at an Association event on-site or at an away facility. 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, hover boards 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. The use of unmanned aerial vehicles (UAVs) or drones is prohibited at all active parks within the City. 27 1 1. Music may be played in the park at a volume that does not interfere with other activities. Any organization that receives a reasonable request to lower the volume must do so or risk cancellation of scheduled activities. Music played must not contain inappropriate language (e.g., containing sexually explicit, degrading or violent words or themes) and must be family friendly. DJs are not permitted without a special use permit. 12.Synthetic multi -sport field rules & restrictions: a) No pets of any kind b) No food or beverages, including gum, seeds, nuts, sports drinks or soft drinks c) ONLY PLAIN WATER IS ALLOWED d) No glass containers e) No smoking or tobacco products of any kind f) No playing golf g) No tent stakes, spikes, etc. may be driven into the turf h) No metal or detachable cleats - only sneakers or molded plastic cleats i) No painting, chalking or marking field j) No vehicles, bikes, scooters, skateboards, roller- or inline skates, strollers or hover boards k) No grills, fireworks or fires of any kind 1) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2489 or iim.cregge@cityofmiltonga.us 28 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 jim.cregge@cityofmiltongaus Program Manager Tom McKlveen 678-242-2519 tom.mcklveen@cityofmiltongaus 29 City of Milton Accident / Incident Report Form Date of accident/incident Time of accident/incident Facility where accident/incident occurred Specific location of accident/incident within the facility Number of persons involved Police notified Information on persons involved in the accident/incident: Y _N EMS notified _Y _N NAME (please print) PHONE Under the age of 18 Day: Evening: Evening: Day: Day: Evenin Evening: Day: Day: Evening: Evening: Day: Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening: Day: Evenin Day: Evening: Day: Evenin ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment _Y _ N Photos of accident/incident site taken _Y _ N Person completing form Person completing form Print name Day phone Signature Evening phone Date 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 jim.cregge@cityofmittonga.us 30 FACILITY USE AGREEMENT This agreement, made this day of 20 , by the City of Milton ("City") and 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 & CLINICS as a service for the City in accordance with all policies and procedures for youth sports associations operating on City property including the Athletic Association Facility Organizational Requirements Manual to which this Agreement is attached. 2. The term of this agreement will begin JANUARY 1, 2017_and continue through DECEMBER 31, 2017. 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 Bell Memorial Park, 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 5:OOPM TO 10:00PM SATURDAYS: FROM 8:OOAM TO 10:00PM SUNDAYS: FROM 12:OOPM TO 10:00PM DATES: January 1, 2017 -December 31, 2017 4. In consideration for the usage of the facilities, the Association agrees to a direct payment to the City of 15% commission on all registration fees and 100% of all applicable non-resident fees. 5. 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. 31 6. 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. 7. 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. 8. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 9. 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. 10. This agreement may be modified only by a written agreement between the City and the Association. 11. 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 32 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. 12. 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. 13. 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: EAGLE STIX YOUTH LA aROS&E ADDRESS: Z Z CITY/STATE/ZIP: e-;"; 1�o 6~14 Z20 a PHONE:_ _ y/0 �/ 1� /goo WEBSITE: tAjWLi, e -a es��e ani EMAIL: �wess1ax@C,",".I. cc 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.crecige@cityofmiltonga.us 14. It is agreed between the City and the Association that this agreement may be executed in counterparts, each of which shall constitute an original. 15. 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. 33 16. The Association shall not have the right to assign the interest it holds in this agreement. 17. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 18. 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. 19. 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. 20. The Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 21. 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. 22. 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 34 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. 23. 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 terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. 35 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: President ',/�Mwo/IName: L�el W/ (Typed or Printed) / Date: /� /1/ /tP Attest: Organi i%on Secretary Name: Y� v► J b If 4S'l Psf (Typed or Printed) Date: L [AFFIX CORPORATE SEAL] CITY: By: Joe Lockwood Mayor, City of Milton Attest: Name: Date: 36 .4co CERTIFICATE OF LIABILITY INSURANCE DATE[MMZDDIYYYY) OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 12x7312016 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT BOLLINGER, Inc H PHONE FAX 150 JFK PARKWAY, 4TH FLOOR LNC No. Exp: 800-446-5311 PO Box 390 GENERAL L1ABILrTY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX—] OCCUR Ip1C. No): 973-921-2876 E-MAIL ADDRESS: SHORT HILLS, NJ 07078 PHONE: 1-800-448.5311 FAX: 973.921-2878 INSURERS AFFORDING COVERAGE NAIC a EAC7-OCCrRRE%CE INSURER A: Markel Insurance Company 385'J INSURED INSURER a: LS LaCrosse; Inc. IN SURER C: 3 Loveton Circle INSURER o: Sparks, \ID 3112 Re: Eagle Stix Rec Inc ` INSURER E: PRODUCTS -COV. 03 ACG 32,ODO,ODD INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMBS LTR INSR WVD (MWDDfYYYY) IMWDDIYYYY) A GENERAL L1ABILrTY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX—] OCCUR x 8502AHM1389 01/012017 01/012018 EAC7-OCCrRRE%CE DAMAGE TO RENTED 53 'L PREMISES lEa owxrem VIED EXP Arr one ) SS:ODD Participants Liab XPERSONAL&ADV GEN L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT Sexual Sexual Abuse & Molestation Liab Abuse & Molestation Aggregate per occurrence: limit: SZOM,ODD $1.-DM,0OD %_RY 51,000,000 GE%ERALAGGtiu4TE 55:000,000 PRODUCTS -COV. 03 ACG 32,ODO,ODD 5 AUTOMOBILE LIABILITY ANY AUTO COMBINED S'.G-E-1,'T'Eaaxtfrlti 5 9ODLY -%... RY 'Per mrw: 5 ALL C1111NEC SCHEDULEC AUTOS AUTOS HIREC ALTOS NON-OWNEC AUTOS BODiY N,,,,RY'Der axtle-r: 5 PRODERTYOARAGE S I=erw ide7; $ X UMBRELLA LIAB I XOOOLR X ELI—^:_ __.__',___ $1,000,DOD EXCESS LIAB c_a .'_ 4602AHM370 01/012017 C1;C1;2C1c ___ „;= $1,000,000 - r.'.a=e $ CEG 7 RETENTION 5 WORKERS COMPENSATION Y; N AND EMPLOYERS' LIABILITY N; A A'CSTATUY �ORYLIMITS R $ A'.Y �RD=R ETORWARTNF_R;K�C,.?':'= -4 R't.EMBER ERC..., DED, (Mandatory inSC ..�es orarlx nder DESCRIPTION OF El. EACHACCDENT S EL.DWASE-EAEMPIOYFE S EL. DISEASE -POLICY LMR $ =i:V- 01,S oebe ccident Medical 41112AH025221 01/012017 01/012018 Accident Limit: 8100,000 CatastrophicAcc 4102AH305BU 01/012017 01/012018 ICatastrophic Limit: 81,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES [Attach ACORD 101, Additional Remarks Schedule, if more spaceis required) Coverage applies only to tea mslleagues comprised of 100% US Lacrosse member participants during scheduled & supervised lacrosse activates. Certificate Holder is named "Additional Insured " with respect to Eagle Stix Rec Inc. CERTIFICATE HOLDER CANCELLATION City of XMon 13000 Deerfield Park --way IvItltor4 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. .r AUTHCRIZED REPRESENTATIVE 0 1968-2010 ACORD CORPORATION. All rights reservea. ACORD 25 (2010:'05) The ACORC name aro logc are reaisterea marts of ACORD .a►co CERTIFICATE OF LIABILITY INSURANCE DAT DR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 111W12016 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT BOLLINGER, Ina rtAME:PHOt1E PH FAIL 150 JFK PARKWAY, 4TH FLOOR NO Ed;: 900-446-5311 PO Box 390 GENERAL LIAB1LrrY X-C'.'VERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR INC. tto.):9I3-921-2876 E -MAL ADDRESS: SHORT HILLS, NJ 07078 PHONE: 1-800-448-5311 FAX: 973.921-2878 INSURERS AFFORDING COVERAGE NAIC R EACH OCCURRENCE &1,000,000 INSURERA: Markel Insurance Company _ INSURED INSURER B: US Lacrosse; Inc. INSURER C: 2 Loveton Circle INSURER D: Sparks; \ID 21152 Re: Eagle Stix Rec Inc INSURER E: PRODUCTS -COMP,OPAGG S2,0DD,0D0 N SURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO 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 DR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR .NSR VNO [MMIDDMlYY) [NSSIDCVYYYY) A GENERAL LIAB1LrrY X-C'.'VERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR x 8 50 2AH221 315 9 01)'0112017 01/0112018 EACH OCCURRENCE &1,000,000 aNRNkGE TO RENTED 5300,000 PREMISES axvnww,, MED EJ(P Arr o'e oersmn &5;000 X Partidpants Liab GEN L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- ©LOC JECT SexLal Sexual Abp & I.'obstatior Liab Abuse & Molestatior A;;re„ate per oeaLneroe: limit: S2,30D,a)0 SI.DW,DDO PER90NW.6ADV INJURY 51,000,000 GENERAL AGGREGATE 55,000,000 PRODUCTS -COMP,OPAGG S2,0DD,0D0 S AUTOMOBILE LIABILITY ANY AUTO OOMBINEDSINGLE LMrIrT S GODLY INJURY T LEC ALL OWNED AUTOS AUTOS AUTOS FIRED AUTOS NDN-OWNEC AUTOS BODY A UURY & PROS=RTYDAMAGE S ;ver ar, oer 5 Ji x UMBRELLA LIAR x EA— 5c_-=c`.CE 51;000,000 NCCOLIR EXCESS LIAB -.AVS- 4602AH221370 01/01/2017 01/0112018 A =_ ,�- $1,000,000 t.'ADE & CEC RETENTION 5 IIJORKERS COMPENSATION Y+ N AND EMPLOYERS' LIABILITY ❑ N I A WCSrATU- �ORY DT+ 5 E4 A\Y PROPRIETORPARTNEREXEC�TNE LIMITS = CER1 EMBER EXCLL:DED' (Mandatory in NH) ee oeserbe.rder DESCRIPTION OF E.L.EACMACCIDENT S El. DSEASE-EAEMPLOYEE T EL. DISEASE -POLCYLMIT & OPERATO%Saebe A ccident Medical 41C2AH02522C 011D12l]17 011012018 cadent Limit: $100,000 CstastrophiCAcc 4102AH30E882 01101,2017 01/012018 Catastrophic Limit: 51,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if morespace is required) Coverage applies only to teamslleagues comprised of 100% US Lacrosse member participants during scheduled & supervised lacrosse activites. Certificate Holder is named "Additional Insured " with respect to Eagle Stix Rec Inc. CER TII NULUtk CANCELLATION Fulton Countv Board of Education 5150 TavlorRoad -Alpharetta, GA. 3,0221 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. /.01 CIA � + AUTHORIZED REPRESENTATIVE 0 1988-2010 ACORD CORPORATION. All rights reserved. ACCORD 25 (2010)05) The ACORC name and logc are registered marks of ACORD ,4co CERTIFICATE OF LIABILITY INSURANCE ��. DATE[MMroD/YYYY) I 1211312016 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, E)(TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BOLLINGER, Ira 150 .,FF: PARKWAY, 4Th FLOOR PO Box 390 CONTACT NAME: PNONE AIC, No. Ertl: 800-446-5311 IF A'C N0.: 973.921.2976 E-MAIL SHORT HILLS, W 07078 ADDRESS: PHONE: 1-800448-5311 FAX: 973-921-2878 INSURERS AFFORDING COVERAGE NAIC # INSURERA: Markel Insurance Company 3.897D INSURED INSURER B: US Lacrosse, Inc. 2 Lo,.-eton Circle Sparks, \ID 21152 01101/2018 INSURER C: INSURER D: Re: Eagle Stix Rec Inc IN SURER E: Participants Liab xSeXLal GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- ©LOC JEGT IN SURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSR SOAR VPID POLICY NUMBER POLICY EFF MWD POLICY EXP MWDOIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [7X OCCUR 8502AH221389 011012017 01101/2018 S1,00011 00 ETORENTEDRIENCIE DAMAGE TO RENTED 5300,000 DAMAGE PREMt3ES Ma ocaxWce* MED EW M ane ? $5,000 Participants Liab xSeXLal GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- ©LOC JEGT SexLal Abuse & Molestatior Liab AbLse & MDlestatior Aggregate per occlrrence: lirrit: S2,0DO,0DO SI,0DD.0D0 PERSONAL a ADV INJURY $1 000,000 GENEIMAGGREGATE $5100D,000 PRODUCTS-COMP.IOPA� 52,000,000 S AUTOMOBILE LIABILITY ANY AUTO COMBNEDS-N�iEL.L+T aDCkfe'rt 5 BODLY iwi.RY rPer:erw; S ALL OWNEDSCHEDULED AUTOS AUTOS HIREDAUTOS NDN -OWNED AUTOS BXYLY r—RY (PeraocbsT, PR�,yT. DA G S (Perace tC c A X UMBRELLA LIAR OCCUR �( EXCESSLIAB GlJ11MS 4FC2AH221370 01/01/2017 01/01/2018 EACH OCCURRENCE 51;000;000 Ai�REoATE 51,000,000 ITE DED 7RETENTION S S WORKERS COMPENSATION Y.�NN1' AND EMPLOYERS' LIABILITY A\Y DROPRETORPAR7'hEREJ�CUiNE 0=Q CER'MEMBER EXCLUDED? A ti'csrnru ITI LiMTS H- $ IDTORY R EL. EACHACCIDENT $ Ei D'6EAS£-EAEMPLOYEE $ (Mandatory in NH) ".es am nae xwr DESCRPTION OF OP£RATO\S Dom £! DISEASE-POLICYLIMIT S A 14ccident Medical 4112AH025120 01/0112017 01:01/2018 cadent Limit: $100,000 atastrophicAce 4102AH305BU 011131�2017 011131�2018 ophicLimit: $1.000.000 DESCRIPTION OF OPERATIONS LOCATIONS! VEHICLES [Attach ACORD 101, Additional Remarks Schedule, if more space is required) Coverage applies to teamsfleagues comprised of IDD# U S Lacrosse members participants during scheduled and supervised Lacrosse activities. CERTIFICATE HOLDER CANCELLATION Eagle Stix Rec inc 2125 \icFarhn Lane \Xton. GA. 3=-' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE 0 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name end logo are registered marks of ACORD aS PROGRAMS BOLLINGER SPORTS & LEISURE Thank you for choosing RPS Bollinger! Please keep this for your records If you have any additional questions please call us at (800) 446-5311 or send an email to: Lacrosse@RPSins.com . YOUR RECEIPT If you ordered Camp. Clinic. or Tournament Insurance. please sucmit a roster of all participants (including names & addresses; to RPS Bollingerwithin 5 ousiness days after your eventfor claims verification purposes. Claims can only De paid if there is a roster on file. Receipt Information Order ID: 1247817 Total: $875.00 Date: 12+13!2016 8:17:15.Abbl Customer Information TeamAeague Name: Eagle Stix Rec Inc. First Name David Last Name t4+insness Address 2125 McFarlin Lane Cit! Ivtilton State GA Zip 30004 Phone 410-916-1800 Cell 410-916-1800 Fax E-mail tvinsnesslax@gmail.com Billing Information First Name David Last Name Ainsness Address 2125 blcFarlin Lane City Nlilton State GA. Zip 30004 Phone 410-916-1800 Credit Card Information Card Type blaster Card Credit Card Numoer )ooa0000c000c3589 Expiration Date 7+2019 Your Order PRODUCT D&O Only - Option 2 - Organization state: GA - Georgia D&O Option 2 with a $2 million limit QUANT. PRICE SURCHARGE SUB TOTAL 1 $875.00 $0.00 $875.00 Total 875.00 Note: If ycu are a resident cf New Jersey. Flcrida. Kentucky cr Virginia please be ad': ised that state surcharges andlcrtaxes may apply tc crders fcr E-,uipment Insurance andor Cirectcrs and Officers Liability. An invoice fcr any applicable surcharges, v. -ill be included with your policy. Application Association1eague is: Not -For -Profit Number of employees: 0 Number of members: 240 Number of volunteers: 40 Gross Revenues: 125000 Total Assets: 10000 This enrollment form is for: New Coverage Prior Acts Exclusion No person proposed for this coverage is aware of facts or circumstances which he or she has reason to suppose might give rise to a future claim, with the exception of: Your answer: None (No known circumstances to report) Your name: David Winsness Bollinger, Inc. P.O. Box 390 Short Hills, NJ 07078-0390 Phone: 1-800-446-5311 Fax: 973-921-2876 www.RPSBollinQer.com 4's PROGRAMS EQLLINGER 6PORT5 d. LEISURE Subject: RPS Bollinger Order Receipt From: lacrosse@rpsins.com - To: dwinsnesslax@gmail.com - Date: December 13, 2016 at 9:17 AM, Attachments: OrderReceipt-1247817-12-13-2016-08:17:25.3887017. pdf Thank you for choosing RPS Bollinger!Your order has been processed. If you have purchased Directors & Officers Liability, Crime or Equipment Insurance, you can expect to receive your policy within 2 - 3 weeks. In the meantime, your receipt is proof of purchase. For purchasers of Camp, Clinic or Tournament Insurance, you have bought coverage through the US Lacrosse Insurance Program. As such, you will receive a Certificate of Insurance naming your event onto those policies, which you may print from your computer upon confirmation of your on-line purchase. Your receipt is attached as a PDF. You can download Adobe@ Reader@ to view your receipt at Adobe.com If you have any additional questions please call us at (800) 446-5311 or send an e-mail to Lacrosse at RPSins.com. Thank you, RPS Bollinger PROGRAMS j Ih,i�k 5P;)RT� LMURE HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 13, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Halftime Sports, LLC. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (%/ APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,KYES () NO CITY ATTORNEY REVIEW REQUIRED: (I'YES () NO APPROVAL BY CITY ATTORNEY: (4J APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 1411il REMARKS: © i Tau® PHONE: 678.242.25001 FAX: 678.242.2499 nuns u+ - "F iMofcityuimlltonga.us l w .efly0fnlHonga.us Communit y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004RMFFF Ea� To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on December 14, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement 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 a youth basketball program. This program will offer basketball leagues camps and clinics at Fulton County School Gymnasiums. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another basketball provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 2, 2016 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Facility Use Agreement 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 AND CAMPS at the following locations: CRABAPPLE CROSSING ELEMENTARY, COGBURN WOODS ELEMENTARY, HOPEWELL MIDDLE AND NORTHWESTERN MIDDLE SCHOOLS. 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 four (4) 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 surcharg_ e for non- residents shall be paid to the CITY. 1.5 The PROVIDER can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton and the City of Alpharetta will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident fees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 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. 1.7 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. 1.8 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. 1.9 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. 1.10 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. 1.11 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 aarees that the DEPARTMENT shall have first priority for use of CITY facilities, notwithstanding any other provisions of this Agreement. 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 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. 1.15 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. K 1.16 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. 1.17 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. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their coaches and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. 1.20 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.21 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 equipment 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, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 3 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." 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 15% 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 85% 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 fifteen (15) 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. 4 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 5 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. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION 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 Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; 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 Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured.. 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. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2017, 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 or anyone for whose acts the PROVIDER or subcontractor may be liable, 0 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 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 TKtt ColrFMAty) 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: c �l(eMP� vel. �,. 9 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 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 subcontractors) 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 subcontractors) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. H 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 offhis 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 articles) or section (s) off his 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. 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: C? Print: 0 0.rl2( Its: (Assistant) Corporate Secretary (required if corporation) n ot&,-y CITY: BY: JOE LOCKWOOD, MAYOR PROVIDER: &Lu G Y Print: O A Its: (circle one) - President/Vice President (Corporation) - General Partner (Partrigr hip/Limited Partnership) em er/Manager (LLC) [CORPORATE SEAL] (required if corporation 12 EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] 13 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 ofprogram proposals Use one form per program. Name of Program: Winter Recreation Basketball League Participant Ages: Boys & Girls 5-15 Day/s of the week program is offered: Weekly practice with one game on Saturday Time of Program: Practice times are 6:00/7:00/8:00pm; Games 9:00 - 2:00pm Program Dates: November, 2016 - February 2017 Program Fee: $100.00 Program Enrollment: Minimum 100 Maximum 300 Materials to be supplied by participants: None Materials to be supplied by PROVIDER: Jersey tops and basketball training Materials to be supplied by the City of MILTON: Gymnasium, advertising and marketing Additional Program Requirements: PROVIDER ('s) Name: Halftime Sports, LLC Address: 12460 Crabapple Road, Ste. 337 City/State/Zip Code: Alpharetta, Ga 30004 Phone Number: (Day) 770-751-6674 (Evening) (E-mail):2thehoop@bellsouth.net (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Letter(s) of Recommendation Oi-ce use Only. Program Rate:$ # 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: Summer Basketball Camps Participant Ages: Boys & Girls 5-15 Day/s of the week program is offered: Weekly workouts and camp activities Time of Program: 9:00 — 2:30 pm Program Dates: Summer, 2017 (Dates to be announced) Program Fee: $125.00 Program Enrollment: Minimum 40 Maximum 100 Materials to be supplied by participants: None Materials to be supplied by PROVIDER: Basketball training Materials to be supplied by the City of MILTON: Gymnasium, advertising and marketing Additional Program Requirements: PROVIDER ('s) Name: Halftime Sports, LLC Address: 12460 Crabapple Road, Ste. 337 City/State/Zip Code: Alpharetta, Ga 30004 Phone Number: (Day) 770-751-6674 (Evening) (E-mail):2thehoop@bellsouth.net (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Letter(s) of Recommendation Office Use On/y.• Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "A" PROGRAM REQUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information will be used for consideration of program proposals Use one form per program. Name of Program: Sunday Fall Basketball Camps Participant Ages: Boys & Girls 5-15 Day/s of the week program is offered: Sunday Work out/training sessions (preparing young athletes for feeder and recreation leagues/programs) Time of Program: 2:00 — 6:00pm Program Dates: Fall (Late August — mid October, 2017) Program Fee: $125.00 Program Enrollment: Minimum 50 Maximum 125 Materials to be supplied by participants: None Materials to be supplied by PROVIDER: Basketball training Materials to be supplied by the City of MILTON: Gymnasium, advertising and marketing Additional Program Requirements: PROVIDER ('s) Name: Halftime Sports, LLC Address: 12460 Crabapple Road, Ste. 337 City/State/Zip Code: Alpharetta, Ga 30004 Phone Number: (Day) 770-751-6674 (Evening) (E-mail): 2thehoop@bellsouth.net (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Letter(s) of Recommendation Office Use Only. Program Rate:$ # 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 Name of Project Name of Public Employer 15 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: 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 In Executed on _, 201_ in (state). Signature of Authorized Officer or Agent (city), 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 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/24/2016 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 Sand McDowell NAME: y Ascension Benefits & Insurance Solutions 9225 Indian Creek Parkway, Suite 700 Overland Park Kansas 66210 PHONE: 800-955 1991 FAX: (AIC, No): 913-327-0201 A/C No. Ext E-MAIL rams ascensionins.com ADDRESS: pro g INSURER(S) AFFORDING COVERAGE NAIC # 6BRPG0000005726200 INSURERA: Nationwide Mutual Insurance Company 23787 INSURED INSURER B: Halftime Sports INSURERC: DBA: Halftime Sports, LLC INSURER D: 12460 Crabapple Road, #337 INSURER E: Alpharetta, GA 30004 A Member of the Sports, Leisure & Entertainment RPG& Entertainment RPG INSURER F: COVERAGES CERTIFICATE NUMBER: W00795172 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. INSIR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD/YY LIMITS A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000005726200 03/25/2016 03/25/2017 EACH OCCURRENCE $2,000,00 CLAIMS -MADE ❑X OCCUR 12:01 AM ED 12:01 AM DAMAGE TO RENTED $300,000 PREMISES Ea occurrence MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY ❑ PRO LOC, JECT PRODUCTS-COMP/OPAGG $2,000,00 PROFESSIONAL LIABILITY $2,000,00 OTHER LEGAL LIAB TO PARTICIPANTS $2,000,00 A AUTOMOBILE LIABILITY 6BRPG0000005726200 03/25/2016 12:01 AM EDT 03/25/2017 12:01 AM COMBINED SINGLE LIMIT $2,000,00 Ea Accident BODILY INJURY (Per person) ANY AUTO ALL OWNED AUTOS SCHEDULEDUTOS BODILY INJURY (Per accident) X HIREDAUTOS bX NON -OWNED UTOS PROPERTY DAMAGE Per accident X Not provided while in Hawaii UMBRELLA LIAB IOCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB I CLAIMS -MADE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTHER STATUTE ANY PROPRIETORSHIP/PARTNER! EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT E.L. DISEASE — EA EMPLOYEE (Mandatory in NH) If yes, describe under E.L. DISEASE —POLICY LIMIT DESCRIPTION OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS 6BRPG0000005726200 03/25/2016 03/25/2017 PRIMARY MEDICAL EXCESS MEDICAL $100,000 12:01 AM ED71 12:01 AM DESCRIPTION OF OPERATIONS / LOCATIONS I 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. CERTIFICATE HOLDER CANCELLATION City of Milton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 13000 Deerfield Parkway, Suite 107 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Milton, GA 30004 WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Owner/Lessor of Premises) Coverage is only extended to U.S. events and activities. '* NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. ACORDTM CERTIFICATE OF LIABILITY INSURANCE DAT//22016016 Y) 033(24/24 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 Sand McDowell NAME: y Ascension Benefits & Insurance Solutions 9225 Indian Creek Parkway, Suite 700 Overland Park Kansas 66210 PHONE: 800-955-1991 FAX: (A/C, No): 913-327-0201 A/C No. Ext E-MAIL ro rams@ascensionins.com ADDRESS: p g INSURER(S) AFFORDING COVERAGE NAIC # 6BRPG0000005726200 INSURER A: Nationwide Mutual Insurance Company 23787 INSURED INSURER B: Halftime Sports INSURER C: DBA: Halftime Sports, LLC INSURER D: 12460 Crabapple Road, #337 INSURERE: Alpharetta, GA 30004 A Member of the Sports, Leisure & Entertainment RPG& Entertainment RPG INSURER F: [•i•_JVI ;q:J_1M :. tl =1:4IIS THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000005726200 03/25/2016 03/25/2017 EACH OCCURRENCE $2,000,00 CLAIMS -MADE X OCCUR 12:01 AM ED 12:01 AM DAMAGE TO RENTED $300,000 PREMISES Ea occurrence MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY ❑ PRO ❑ LOC JECT $5,000.000 PRODUCTS-COMP/OPAGG $2,000,000 PROFESSIONAL LIABILITY $2,000,000 OTHER LEGAL LIAB TO PARTICIPANTS $2,000,000 A AUTOMOBILE LIABILITY 6BRPG0000005726200 03/25/2016 12:01 AM EDT 03/25/2017 12:01 AM COMBINED SINGLE LIMIT $2,000,00 Ea Accident BODILY INJURY (Per person) ANY AUTO SCHEDULED ALL OWNED AUTOS UTOS BODILY INJURY (Per accident) X HIREDAUTOS X NON -OWNED UTOS PROPERTY DAMAGE Per accident X Not provided while in Hawaii UMBRELLA LIABOCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORSHIPIPARTNER/ � EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A PER OTHER ISTATUTE I E.L. EACH ACCIDENT E.L. DISEASE — EA EMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE— POLICY LIMIT A I MEDICAL PAYMENTS FOR PARTICIPANTS 6BRPG0000005726200 03/25/2016 03/25/2017 PRIMARY MEDICAL EXCESS MEDICAL $100,000 12:01 AM ED 12:01 AM DESCRIPTION OF OPERATIONS I 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. [y 311IlL•1_ll_3;L•1��]3: N_i,[•1 11will I[•]. Fulton County School Board SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 786 Cleveland Avenue SE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Atlanta, GA 30315 WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Owner/Lessor of Premises) Coverage is only extended to U.S. events and activities. ** NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. HOME OF'THE BEST QUALITY OF LIFE IN GEORG ' MILTONV- ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 13, 2016 FROM: Steven Krokoff, City Manage/\ / AGENDA ITEM: Approval of a Parks and Recreation Department Athletic Association Manual and Facility Use Agreement between the City of Milton and New Found Life Football League. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (yAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ('YES () NO CITY ATTORNEY REVIEW REQUIRED: (.BYES () NO APPROVAL BY CITY ATTORNEY. G A'PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: (tif4jbPl(, REMARKS: ©,* Tau[n PHONE: 678.242.2500FAX: 678.242.2499++ Green® a +� infofattyalmiltonga.us l w .cNyofn nga.us in ee Community 4a"'°' 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 December 14, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval of a Parks & Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and New Found Life Football League. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Athletic Association Manual and Facility Use Agreement between The City of Milton and New Found Life Football League. Executive Summary: New Found Life provides the city with the youth football program. This program will offer football leagues and camps at Bell Memorial Park. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another youth football provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 2, 2016 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and New Found Life Football League. HOME DF `THE BEST QUALITY OF LIFE IN GEORGIA' T ..M I LT. LSTAB LlSlt[U 2006 ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AND FACILITY USE AGREEMENT TABLE OF CONTENTS PAGE: Department Mission and Philosophy 3 Legal and Organizational Requirements 4 Requirements of Associations 13 City and Park Ordinances 23 Park/Facility Regulations 26 Recreation and Parks Personnel/Contact Information 28 City of Milton Accident/Incident Report Form 29 Facility Use Agreement DEFINITIONS ce ASSOCIATION: A volunteer -run organization permitted by the City of Milton to implement a formal recreation program on City property. CITY: The City of Milton unless otherwise specified. DEPARTMENT: The City of Milton Parks and Recreation Department. MOU: Memorandum of Understanding. OCGA: Official Code of Georgia Annotated. PRAB: Parks and Recreation Advisory Board of the City of Milton. 2 CITY OF MILTON PARKS & RECREATION DEPARTMENT MISSION AND VISION Mission The Milton Parks & Rec Department is committed to providing quality parks and facilities along with traditional and innovative recreational programs for its residents. We strive to promote healthy lifestyles to support the best quality of life in Milton. Vision The Milton Parks and Recreation Department will develop and maintain premier parks for active, passive and mixed use. We will develop trails that will link key locations within the City of Milton and with other cities. We will offer high quality programs for people of all ages and abilities. The primary focus will be on recreation level activities with limited opportunities for advanced levels of play. Core Values Respect, Excellence, Integrity, Responsiveness, Collaboration, Knowledge, Bold Leadership, Recreation, Inclusiveness, Health LEGAL AND ORGANIZATIONAL REQUIREMENTS In order to qualify as a recognized Association and to operate on City of Milton property, an organization 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 participants. 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. The City of Milton will make an annual payment to the City of Alpharetta, and 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. In exchange, Alpharetta shall waive non-resident fees for Milton residents who participate in Alpharetta recreation programs. 4 Milton/Alpharetta residents participating in recreation programs of either city shall be considered residents of the city sponsoring the program for the purpose of travel/select teams with resident composition requirements and adults will meet affiliated 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" (when capitalized) shall include residents of the cities of Milton and Alpharetta, unless noted otherwise. 4 ELECTION OF OFFICERS Each Association shall have a Board of Directors ("Board"), which shall be the governing body of the 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 (600) 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. Each Association Board will have a City employee liaison and a PRAB liaison. Liaisons must be invited to Association meetings, but will not be voting members of the Board. 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 two weeks 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. 5 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. The City will verify residency and notify the PRAB liaison of the City resident percentage of newly elected Board. 5 ASSOCIATION MEETINGS AND ANNUAL MEETING Upon request, Associations must provide copies of meeting minutes from Association membership and Board meetings to Association members and the 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 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 fax returns, and profit and loss statement. Submission of these books to the City will be required on July 1. 7 LIABILITY INSURANCE COVERAGE 7.1 Association shall not provide any service until all insurance required under this paragraph has been obtained and approved by the City. 7.2 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 C 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. 7.3 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. 7.4 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. Association shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 7.5 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 subcontractors) 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 its 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 the Association or its subcontractor claims to be exempt from this requirement, it shall provide the City proof of such exemption along with a written request for exemption, written on Association or subcontractor's letterhead. 7.6 The Association shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured. 8 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. 9 REGISTRATION Associations are required 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. 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 s 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. 10 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 6 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 team per age group. For purposes of this requirement, "advanced -level" means any level of sport where the number of participants is limited, or a participant must try out to make a team, or a person may fail to qualify for a team. Associations may also form up to two recreation -level "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. 10 12 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. 13 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. 14 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. ii 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 12 15 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. Sponsor and team banners are allowed to be displayed at the park on the day of a game only. They must be mounted in a way that does not damage the city property and they must be removed at the end of the day. Banners must not contain any language or images that would be considered offensive or inappropriate around children. 13 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 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 (Attached). 3 BACKGROUND CHECK - OFFICIALS AND UMPIRES Each Association that 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. 4 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. 14 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. 5 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: httr)://www.cdc.gov/concussion/HeadsUr)/online training.html. It is the policy of the Department to educate coaches, referees, employees and 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 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. 6 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 15 Soccer, Higher Ground, US Lacrosse Association, USA Football, 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 within two weeks of the season start. 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. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Requirement • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 7 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. 8 FEES AND CHARGES Note: Each Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 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 (in the percentage specified in the applicable Facility Use Agreement) 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; player awards, umpires/officials, equipment for the league/teams, first aid supplies, marketing, web administration, general maintenance of facilities, etc. 16 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, but not to exceed $90. 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 City's commission on the registration fee and the City's 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. For all scholarships, the Association need not pay the City's commission on the registration fee. However, scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will not relieve the Association from paying the City non-resident fees for such participants. The Association is responsible for identifying participants who have received a scholarship from the Association. 17 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. 9 PROGRAM/FACILITY SCHEDULES Associations are required to submit all master schedules to the Department 2 weeks prior to the beginning of use of any City facility. The schedule must be in a Microsoft Excel format. 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. 10 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. 11 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. 12 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 18 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. 13 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. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the fields. Bell Memorial Park For the safety of all, the City of Milton uses a lightning detection system located on the roof of the maintenance building (beyond center field of field 5) 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, the bleachers 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. 19 Fulton County School Fields Upon visual or audible evidence of lightning or thunder, all participants are required to clear the field and seek shelter in a building or vehicle. Play will not be permitted until there is no visual or audible indication of thunder or lightning for a continuous 30 minutes. Every indication of thunder or lightning restarts the clock. 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. 14 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. 15 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. 16 INCIDENTS INVOLVING VANDALISM 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. 20 17 ACCIDENT/INCIDENT REPORTS (affached) 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. 18 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 scoreboard 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. 19 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. 20 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. 21 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 21 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. 22 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 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 book/video 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. 23 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 ne# rent facilities to teams and programs that compete with the City's partner Associations a total of three times in a calendar year and no more than twice in a quarter. 24 PARTICIPANT EVALUATIONS 22 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 request, the Association must make completed participant evaluations available to the Department. City reserves the right to conduct independent participant surveys. 23 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. 24 (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. (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. (j) 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 25 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, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014) 26 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 Association must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of the right to use City facilities. All Associations must enact and enforce a policy of ZERO tolerance for abusive behavior while at an Association event on-site or at an away facility. 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, hover boards 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. I O.The use of unmanned aerial vehicles (UAVs) or drones is prohibited at all active parks within the City. 27 I l .Music may be played in the park at a volume that does not interfere with other activities. Any organization that receives a reasonable request to lower the volume must do so or risk cancellation of scheduled activities. Music played must not contain inappropriate language (e.g., containing sexually explicit, degrading or violent words or themes) and must be family friendly. DJs are not permitted without a special use permit. 12. Synthetic multi -sport field rules & restrictions: a) No pets of any kind b) No food or beverages, including gum, seeds, nuts, sports drinks or soft drinks c) ONLY PLAIN WATER IS ALLOWED d) No glass containers e) No smoking or tobacco products of any kind f) No playing golf g) No tent stakes, spikes, etc. may be driven into the turf h) No metal or detachable cleats - only sneakers or molded plastic cleats i) No painting, chalking or marking field j) No vehicles, bikes, scooters, skateboards, roller- or inline skates, strollers or hover boards k) No grills, fireworks or fires of any kind 1) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2489 or iim.cregge@cityofmiltonga.us 28 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 iim.cregge@citvofmiltonga.us Program Manager Tom McKlveen 678-242-2519 tom.mcklveen@cityofmiltonga.us 29 City of Milton Accident / Incident Report Form Date of accident/incident Time of accident/incident Facility where accident/incident occurred Specific location of accident/incident within the facility Number of persons involved Police notified _Y _N Information on persons involved in the accident/incident: EMS notified _Y _N 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: Evenincr ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment _Y _ N Photos of accident/incident site taken _Y _ N Person completing form Person completing form Print name Day phone Signature Evening phone Date 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 jim.cregge@cityofmiltonga.us 30 FACILITY USE AGREEMENT This agreement, made this day of , 20 , by the City of Milton ("City") and NEW FOUND LIFE YOUTH FOOTBALL LEAGUE 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 FOOTBALL LEAGUES, CLINICS AND CAMPS as a service for the City in accordance with all policies and procedures for youth sports associations operating on City property including the Athletic Association Facility Organizational Requirements Manual to which this Agreement is attached. 2. The term of this agreement will begin JANUARY 1, 2017 and continue through DECEMBER 31, 2017. 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 Bell Memorial Park, Hopewell Middle School & Cogburn Woods 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 S:OOPM TO 10:00PM SATURDAYS: FROM 8:OOAM TO 10:00PM SUNDAYS: FROM 12:OOPM TO I O:00PM DATES: January 1, 2017 -December 31 2017 4. In consideration for the usage of the facilities, the Association agrees to a direct payment to the City of 15% commission on all registration fees and 100% of all applicable non-resident fees. 5. 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. 31 6. 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. 7. 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. 8. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 9. 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. 10. This agreement may be modified only by a written agreement between the City and the Association. 11. 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 32 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. 12. 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. 13. 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: NEW FOUND LIFE FOOTBALL LEAGUE ADDRESS: I P----)►Ze'arY. �)a2. CITY/STATE/ZIP:_ PHONE: `40�y — y 44— �3 -7 WEBSITE: 1 i r i Le 5'i -t r- •` r EMAIL: Dawly-StAx 64s 3cl 6 �vv`a't •co 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 iim.creqqe@cityofmiltonga.us 14. It is agreed between the City and the Association that this agreement may be executed in counterparts, each of which shall constitute an original. 15. 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. 33 16. The Association shall not have the right to assign the interest it holds in this agreement. 17. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 18. 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. 19. 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. 20. The Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 21. 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. 22. 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 34 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. 23. 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 terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. 35 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: President Name e S A rY (Typed or Printed) (Typed or Printed) Date: Q C V [AFFIX CORPORATE SEAL] CITY: By: Joe Lockwood Mayor, City of Milton Attest: Name: Date: 36 Client#: 19973 NFLNEWFO ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDMW) 04/04/2016 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 Edgewood Partners Ins. Center 27 School Street, Suite 404 Boston, MA 02108 617 398-5557 CONTACT NAME- PAH /" o, 415 356-3900 FAX A1C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: HCC Specialty Insurance Company INSURED New Found Life Youth Football 1160 Beam Drive INSURER B: AIG Insurance -Commercial Lines -INSURER C: Great American Ins Co.(IL) INSURER D: Milton, GA 30004 4/13/2016 04/1312017 INSURER E: INSURER F: _$3001000 MED EXP (Any one person) $ GUVtKAUt5 CERTIFICATE NUMBER, RFVISInm NIIMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTH 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 NSRL WVD POLICY NUMBER MMSUBR IDDY EFF MMIDDY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR 167003962 4/13/2016 04/1312017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence _$3001000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY E]JECOT U LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COM PIOPAGG $2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY $ INJURY (Per accident) NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION PER OT"_ AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA T T 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 B A&H SRG0009133720 /13/2016 04113/201 SEE REMARKS C D&O EPP2453829 4/13/2016 04/13/201 SEE REMARKS DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THE CERTIFICATE HOLDER is added as an additional insured with respects to general liability coverage but only with respect to liability arising out of the operations of the named insureds league. Sexual Abuse / Molestation limits are as follows: $1,000,000 EACH OCCURRENCE/ $2,000,000 AGGREGATE THIS POLICY DOES NOT EXCLUDE CONCUSSIONS (See Attached Descriptions) EVIDENCE ONLY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 of 2 The ACORD name and logo are registered marks of ACORD #S471392/M471390 CMAR2 DESCRIPTIONS (Continued from Page 1) Accidental Death, Accidental Dismemberment (AD&D) Benefit: $10,000 Maximum amount Aggregate Limit: $50,000 Incurral Period: death or dismemberment within 365 days of the date of the accident that caused the injury Accident Medical Expense Benefit: $100,000 Deductible: $250 per accident Dental Maximum: $250 per tooth/per accident Incurral Period: within 30 days of the date of the accident causing the Injury Benefit Payout Period: payable only for such charges incurred within 52 weeks after the date of the accident causing the Injury DIRECTORS & OFFICERS Directors & Officers Limit $1,000,000 Retention $1,000 Aggregate Limit $1,000,000 5AGI1 IA Z5.3 (204/0) Z Ot Z #S471392/M471390 HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' M I LTONV ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 13, 2016 FROM: Steven Krokoff, City Manager lY/ AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and North Georgia Recreation, Inc. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�4PROVED (/ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (1)ES (J NO CITY ATTORNEY REVIEW REQUIRED: (AES (/ NO APPROVAL BY CITY ATTORNEY: VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: I LIM170b REMARKS: ©� Toul PHONE: 678.242.25001 FAX: 678.242.2499 rGreen • *artwa� r iniofeiyolmlltongo.us l w .cltyofiniibngc.us wr re C4mmunl'i�l +awd' 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 December 14, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and North Georgia Recreation, Inc. ____________________________________________________________________________ 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, Inc. Executive Summary: North Georgia Recreation provides the city with the youth boys lacrosse program. This program will offer lacrosse leagues & camps at Bell Memorial Park, as well as Fulton County School athletic fields. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another youth lacrosse provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 2, 2016 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Facility Use Agreement between The City of Milton and North Georgia Recreation, 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 NORTH GEORGIA RECREATION, INC hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as YOUTH LACROSSE LEAGUES AND CAMPS at the following locations: BELL MEMORIAL PARK, HOPEWELL MIDDLE SCHOOL, COGBURN WOODS ELEMENTARY SCHOOL, BIRMINGHAM FALLS ELEMENTARY SCHOOL AND NORTHWESTERN MIDDLE 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 four (4) 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 can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton and the City of Alpharetta will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident fees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 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. 1.7 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. 1.8 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. 1.9 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. 1.10 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 actions) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment to the PROVIDER. 1.11 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. 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 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. 1.15 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. 2 1.16 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. 1.17 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. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their coaches and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. 1.20 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.21 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 equipment 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, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 3 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." 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 15% 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 85% 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 fifteen (15) 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. 4 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 5 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. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION 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 subcontractors) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; 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 Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured.. 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 2 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. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2017, 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 or anyone for whose acts the PROVIDER or subcontractor may be liable, 7 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. E:1 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.G. § 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 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-daKjo-, tivities of the program shall be exchanged between TOM MCKLVEEN for the CITY and 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: Tci�%nS fez,, - GA 3baaa- E 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 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 subcontractors) 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, Me 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 articles) 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. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST: CITY: SUDIE GORDON, CITY CLERK JOE LOCKWOOD, MAYOR ATTEST: PROVID JAAI-/"�- Print: Print: gre-Ma, ��g� Its: IIU-IL.Uy v (Assistant) Corporate S�� dory (required if corpora,""n�DWg'�''..,, _ EX4 Its: (circle one) - President/Vice President (Corporation) - General Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation 12 EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] 13 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: 6 yS�3 g eVerify Number a/PIIJ3 Date of Authorization Name of Contractor Name of Project Name of Public Employer 15 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 0i,-Zu- , 3 , 201.b in (city), &• tate). e Signa e of A6(hAizedbrfficer or Agent Printed Name and Title of Authorized Officer or Agent trSUB CRIBED AND SWORN BEFORE ME ON THIS THE DAY OF C Y2 1J. t� n o , i G C NOTARY PUBLIC ``````"``�,nnauunrgr���'''''i S4�� EDWg9O [NOTARY., co EvpIRES c o 1 lWIA Nnuenbet t1. 2019 a My Commission Expires: V10 J I ` 1 - / EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractorverifies 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: 6�tsa 31 eVerify Number a/x11/3 Date of Authorization Name of Contractor Name of Project 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 BEEORE ME ON THIS THE-.:?, DAY OF 201 i NOTARY PUBLIC E�DrI�"'�ii,,�� [NOTARY S1�T�1"R'9p'' l� o FXPIRLS A ^nr.r 11, 719 My Commission Expires: 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 (Spring 2017 ) Participant Ages: 7-14yrs. old boys Day/s of the week program is offered: 1 practice a week and 1-2 games on the weekend Time of Program. Practices are 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 18th Last Game May 14th (all weather permitting). Program Fee: U9 Boys- $170.00, U11 Boys- $180.00, Middle School Boys- $190.00 Program Enrollment: Minimum: 45 per age group Maximum: 150 per age group Materials to be supplied by participants: cleats/tennis shoes. Materials to be supplied by PROVIDER: Jersey, balls, cones, goals. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 200. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.• Program Rate:$ # 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: BOYS YOUTH LACROSSE (Fall 2017) Participant Ages: 7-14yrs. old boys Day/s of the week program is offered: 1 practice a week and 1-2 games on the weekend Time of Program: Practices are 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 August 14th, First game September 91h Last Game November 11' (all weather permitting). Program Fee: U9 Boys- $170.00, U11 Boys- $180.00, Middle School Boys- $190.00 Program Enrollment: Minimum: 45 per age group Maximum: 150 per age group Materials to be supplied by participants: cleats/tennis shoes. Materials to be supplied by PROVIDER: Jersey, balls, cones, goals. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 200. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use On/y.• Program Rate:$ # of programs in Session: S Fee/Program: "Bearye one another's burdens and Bmtherhood Mutual" ac fulfill the law allhriist` rne.nran.ce Company Galatians 6:2, MinistryFirst Page 1 of 1 AGREEMENT In ieturnf& the paymentof the premium and subjectto all thetermof the policy,, we agree to proyidethe insurancestated in the. policy. COMMON POLICY DECLARATIONS NAMED INSURED Policy Number: 1.OMEA0321804 NEW TOWN RECREATION INC 30,00 Old. Alabama Rd Ste 200 Amended Effective: 07/14/16 Johns Creek, GA 30022 See POLICY CHANGE HISTORY POLICY PERIOD 3 YEAR(S)FROM 03/14/15. To 07/14/18 12:01 A.M. ATIDECLARED PREMISES TYPE OF OPERATION: All Other Institutional FORM OF ORGANIZATION.CoRpORATION BICL3 01. 1 . 0 BIN11A 1.1 CL012-8 02 15 SCL100 1-1 BN-6-ADXGA. 3.1 LOC/BLDG DECLAREDPREMISES FiEFE-E—UL-E] 0201 3.000 Old Alabama Rd Alp.haretta GA I OF LOCATION. ANNUALPREMIUM: &,624 CLO677 0.1 11 BN1B 1.0 OCCUPANCY Office PAYMENTPLAN: MONTHLY Terrorism Premium Charge: $ 152.00 - See Notice Form BR-6-ADXGA * Including Excess Liability Premium. This premium is subject to adjustment at each Anniversary. This premium is subj,e Sue topremium audit provision. COUNTERSIGNED DATE AGENIPY/ASENTNO. #100( 37 INSURANCE. AGY INC MD 866-298-1668, 7/22/16 CP1 (03/06) The Horne, Office.Aodress of Brotherhood Mutuat Insurance Co. is P.O. Box 2227, Forl.Wvyne, IN., 46801-2227 160609. This policyconsistsof the followingcoverageparts for which a form number is indicated. FORM NAME FORM NO. FORM NAME FORM NO: BASIC Common Policy Conditions CL100 1.0 Amendatory Endorsement CL 3 00 l.. 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 GL100 1.0 BICL3 01. 1 . 0 BIN11A 1.1 CL012-8 02 15 SCL100 1-1 BN-6-ADXGA. 3.1 LOC/BLDG DECLAREDPREMISES FiEFE-E—UL-E] 0201 3.000 Old Alabama Rd Alp.haretta GA I OF LOCATION. ANNUALPREMIUM: &,624 CLO677 0.1 11 BN1B 1.0 OCCUPANCY Office PAYMENTPLAN: MONTHLY Terrorism Premium Charge: $ 152.00 - See Notice Form BR-6-ADXGA * Including Excess Liability Premium. This premium is subject to adjustment at each Anniversary. This premium is subj,e Sue topremium audit provision. COUNTERSIGNED DATE AGENIPY/ASENTNO. #100( 37 INSURANCE. AGY INC MD 866-298-1668, 7/22/16 CP1 (03/06) The Horne, Office.Aodress of Brotherhood Mutuat Insurance Co. is P.O. Box 2227, Forl.Wvyne, IN., 46801-2227 160609. ` "Bear ye one another's burdens and Brotherhood utM " so fulfill the law of Christ" ln.a�ira.uce Gajop.ant Galatians.0 COMMERCIALPROPERTYDECLARATIONS Page 1 of 1 Namedlnsured: NEW TOWN RECREATION INC Policy Number: 1ONEA0321804 Policy Period: 07/14/15 TO 07/14/18 We provide the Com mercialProperty coverage at the declared premise (s) for the coverage and limits indicated, TheCov- erages listed herein are provided, subject to the terms of the desig nate dcoverage form, and any other applicableforms or endorsements. Property Deductible: $l, 000 (Excl. EQ and Opt. Coverages- See Below) Glass Deductible: N/A SCHEDULECIF BUILDINGSAND PERSONALPROPERTY LOC 3r 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 DESCRIPTIONOF COVERAGE 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 $11000 BCP49 4.0. ALL Terrorism 10,000 $1,000 BCLO60OXGA3.0 MORTGAGEES/ ADDITIONALINTERESTS LEASED PHONE EQUIPMENT KIMCO REALTY CORPORATION ATTN EB -IX BPO PO BOX 881639 SAN DIEGO CA 9.2168 LOSS PAYEE Loan No.: SGAA1563ALNEWTRE00 OTHERFROPERTYFORMb BCP049'3'GA 1.0 BCP0643 01 08 BCP500 4.0 BCP88GA 4.0 BN100 1.0 BN12V 1.0 CL1640 06 06 CPO -171 10 08 CP132 1.0 Cp2 271 3 160609 "Sear ye one another's burdens and Brotherhood MutuaF so fulfil the law of Christ" 1 n.sttr..x,e (:.a tu..p:a a -y Galatians 6:2 INLAN DMAR INEDEr LARATIQNS Page l of 1 Named insured: NEW TOWN RECREATION INC PolicyNumber: 10MEA0321804 Policy Period: 07/14/15 TO 07/14/18 INLAN0 MARINE COVERAGES LOG& LIMITOF DEDUCTIBLE BLDG DESCRIPTIONOF COVERAGE INSURANCE AMOUNT FORM NUMBER ALL IM Cramp Hdwre 7,000 $250 BIM7201GA 4.0 ALL IM Church Msc 6,.000 $250 BIM603GA 4.0 IM7855 0209 ADDITIONALINTERESTS IMD1 (03106} 1606.09 Bmtherhood Ln-s.usr n.c e. Company COMM ERCIALLIABILITYDEIC LARATIONS Named Insured: NEW TOWN RECREATION INC Policy Number. Policy Period: "Bear ye one another's burdens and so fuffiII the law of Christ." Galatians 6:2 Page 1 of 1 10MEA0321804 07/14/15 - 07/14/18 The Coverages listed herein are provided subject to the terms of the designated coverage form and any other applicable forms or endorsements. Only one liability coverageand one medicalcoveragewill apply to an occurrenceand any related loss. Any limit which is specificallystated within a coverageform or endorsementrepresentsthe most we will pay for the coverageto which such limit applies. For applicationof limitsy see Liability and M.edicalCoverageform (BGL-11)'. SCHEDULE OF LIMITS POLICY LIMITS GENERAL OCCURRENCE LIMIT ($) GEN ERALAGG REGATELIMIT {$} 11000,,000 3,000,000 PRINCIPAL ( Coverage COVERAGELIMIT COVERAGEAGGREGATELIMIT COVERAGES Designation) FORM (;S) M Bodily lnjury1Property©amageLiab. (L) GL1001.Q 1,000,000* 3,000,000* MedicalPayments (M) GL100 1.0 5, 000*per person 3, 004, 000* Products/CompleteWork (N) GL1001,0 1,000,000* 31000,000* Fire Legal Liability (Q) BGL951 3.0 300,000* 900,000--t ADDfFIONALCOVERAGESJ(NCLUDED FORM COVERAGELIMIT COVERAGEAGGREGATELI MIT M M Charitable./Not For Profit BGL56 4.0 11000,000* 3,000,:000* ADDFTIONALCOVERAGES/OPTIONAL FORM COVERAGELIMIT COVERAGEAGGREGATEUMIT (G) ($) Media Liability BGL4IGA 1.0 1,000,000* 3,000,000* Directors'& Officers BGL8IGA 4.0 1,000,000* 3,000,000* Nonowned Property Damage BGL951 3.0 3`00,000k 900,000 - Sexual Acts (With Screening) BGLGIGA 4.0 1,000,0co* 11000,00ox 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 110001000* 3,000,0001t Cyber Liability BGL87GA 4.0 1,000,000* 3,000,000-g Traumatic. Incident Response BGL991A 4.0 See Form BGL991A See Form BGL991A Terrorism - Covered Acts BGL025OXGA 3.1 1,000,00:0* a,000,000 - Defense Reimbursement BGL89 4.0 See Form 13GL89 See Form BGL89 *Only a singlefimit appliestothe loss. All coveragelimits are subjectto the general occurrencelimit and all aggregalelimits are subjectto the general aggregate(imit. 160609 CLDi (03i07) "Bear ye one another's burdens and IQBr therhoMutual" so fulfill the law of Christ." Lns.ura•n.c C'ovip.a;n.y Galatians 6.2 COMM ERCIALLIAB [LITYDEC LARATIO NS Scheduleof Additional Information Page 1 of 2, Policy Number: 10MEA0321804 Policy Period; 07/14%15 0.7/14{18 OTHER 117YAND MEIDICALIFORMS BCL320 1.0 BGL100AI 2.2 BGLll 4.0 BGLI52 1_.0 BGL613 1.0 BGL939AISP 1.0 EX909 1..0 EX939ESP 4.0 GLO163 01 08 GLO950 12:99 GL1270 06 06 GL890 .1.0 For Principal Coverage L. of including Excess Liability overage 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 110.42 SAN DIEGO CA 92168 LOAN # SGAA1563A LNEW REO RELATED R ANIZATI NI / OPERATION(S)- For designatedRelated, overages: CHEDULEOF UABILITY EXPOSURES In issuingthis,policy, we have.reliedon materialinfoemation,providedtb us by yau. Thefoltow..ing,scheduledisclosesall of your insurableexposuresknownto exist at the Policy inception date as conveyedby you.. Declared premises must be owned, occupied, or rented by you or your scheduled related organizations. Exposure Classification Code Rafting Basis C—aecTu—aTity PLAYGROUNDS 3032.0 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 1119.1 3000 Old Alabama: Rd Alpharetta GA DAY CAMPS AND YOUTH RECREATION PROGRAMS 3013.0 i 8 EXCLUDING LITTLE LEAGUE 30.00 Old Alabama Rd Alpharetta GA OFFICES - NOC o4504 a 594 3.000 Old. Alabama Rd Alpharetta GA YOUTH ACTIVITY 08101 a 1.,_500 3315 Francis: Rd Milton GA OPERATIONS 37802 k 100: 3000 Old Alabama Rd Alpharetta GA PRODUCTS NOC 85800 c 11000 3go.0 Old Alabama Rd Alpharetta GA NON -STUDENT ATHL MED i SatingBasisCode: (a) Area, gyp) Payroll {cj GrossSales-Receipts, (d) Each, (e) Pupils, 0) Teachers, (g) Pastors, (h) Frontage, (1) Flat', {1) Camperdays, '(k) Cask; {tj Other GLD2 (-0ai06) 160609. ley "Sear ye one another's burdens and Bmtherhood Mutual' an fulfill the lawnt'Ghr 4 Ins.Wra-nceCompany Watlan$6:2 CO M M ERCIALLIAB I LITYD EC LARATIO NS Scheduleof Additional Information Page 2 of 2 Policy Number: 10MEA0321804 Policy Period: 07/14/15 07/14/18 OTHER LABI ITYAND MEDICALFORMS For Principal Coverage of including Excess Liability overage 3115 OLD ALABAMA RD USE OF FACILITIES'CITY OF MILTON 13000 DEERFIELD PKWY STE 107A MILTON' GA 30004 3115 OLD ALABAMA RD USE OF FACILITIES FULTON CO SCHOOLS 786 CLEVELAND AVE SE ATLANTA GA 30354 RELATED ORGANIZATION / OPERATION(S)- For designatedRelated, overages. I.SCHEDULEOF LIABILITYEXFOSURES In issuing this policy, we have relied on material information provided to us by you. The following scheduledisclosesall of your insurable exposures known to 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 uan ity Rating Basis Code; (a) Area,b) Payroll (c) GrossSales-Receipts, (d) Each; (e) Pupils, 0) Teachers, (g) Pastors, (h) Frontage, (i) Flat, 0) Camperdays; (k) st, (I) 61her cLD2 (-03106) 160609 _�- "Bear ye one another's hurdens.and Bro#herhaud Mutual so fulfill the laWOf Ohrist." In:s.0 ra n.r. : Company faalatlans:U HIGH HAZARD ACTIVITIES DECLARATIONS. Page 1 of 1 Named Insured: NEW TOWN RECREATION INC Policy Number: 10MEA0321804 Policy Period: 07/14/15 07/14/18 For detailsregardinghow the abovelimitswill apply, see the€iowMuch We Pay Sectionotthe Nigh NaaardActivities CoverageLimits Form {BGL-21 j CHH1 (03/06) 160609. LIMITSAPPLIGABLE ACTIVITY FORM LIABILfTY MEDICAL AGGREGATE UMIT Skate Park Operations BGL21 4.0 100,000 per occur 0 per person 300,000 FireworkSales BGL21 4.0 100,000 per occur 0 per person 300,000 Fireworks Display BGL21 4.0 100,000 per occur 0 per person 300,000 Construction0versight BGL21 4.0 100,000 per occur 0 per person 300,000 For detailsregardinghow the abovelimitswill apply, see the€iowMuch We Pay Sectionotthe Nigh NaaardActivities CoverageLimits Form {BGL-21 j CHH1 (03/06) 160609. 1-11% 0 poll Brotherhood Mutua[` Insurance Com.p.any AGREEMENT 6400 Braffierhwd Way * P. Dr.. gcx 2227 FOdWzy;w, IN 468all-2227 260.482,8668: In return for the payment ofthe premium, and subjectto, all the terms.of this policy, we agree with you to provide the. insurandeas stated in the Excess/UmbrellaLiability coverageendorsement. COMMERCIALEXCESSLIABILITYSUPPLEMENTALDECLARATIONS Nameof Insured: NEW TOWN RECREATION INC Policy Number; 10MEA0321804 LocationAddress: 3000 Old. Alabama Rd Alpharetta GA 30022, Policy Period: From .7/14/16 to 7/14/18 at 12:o1 A.m., standardtimeatthe addreesshown above. PREMIUM- SubjectTbAn nualAdjustment $ 882 LIMIT OF INSURANCE- EXCESS LIABILITY COVERAGE I C*verageLin*.(per0ccurrence)' $ 1, 0,00,:Q00 C*veraqeAqqreqateLImW $ 1,000,000' Deductible/Retention: $ NIA I OPTI ONAL COVERAGEINF ORMATION I Coverage Included/Excluded' Limit Directors& Officers Excluded. $ EmploymentPractice Excluded. S 8exual.Acts: Excluded S ** Optional Coverageb mite are the same as the Excess Liability,'per Otcu rrence.and Aggregateli mits shownabove, unlesao.therwisespecified. 'I SCHEDULEOF UNDERLYINGINSURANCE Type of policy Poticy Limitsof Insurance Insurer Period Number Liability. deneral BROTHERHOOD MUTUAL 7/14/15: to 10MEA0321804 1,000,000 -OCC/ Liability INSURANCE COMPANY 7/14/18 3, 000, 00,0 AGG CXL-1'Z (21-1). 160609 POI -ICY CHANGE HISTORY ,Page 1 Policy No.: 10MEA0321804 Issued by: BROTHERHOOD-XUTUAL INSURANCE COMPANY Named Insured: NEW TOWN RECREATION INC Policy Period:: 0:7/14/15 - 07/14/18 Agent: #1000-001 RITNER-HENRY. INSURANCE AGY INC Change Eff Date Change Description Processed Date 7/14/16 RATE REVISION 6/69/16 5/01/15 SEXUAL ACTS COVERAGE AMENDED 6/19/15 4/12/15 LIABILITY COVERAGE AMENDED 6/16/15 5/2,9/1.5 ADDRESS . ; CHANGE ONLY 6/10/I5 1(50,609 Policy No. : 10MEA0321804 Page 1 of 1 INLAND MARINE SCHEDULE Issued by : BROTHERHOOD MUTUAL. INSURANCE COMPANY ,- Name of Insured - NEW, TOWN RECREATION INC, COMPUTEREQUIPMENT HARDWARE SCHEDULE 1. 2 DELL COMPUTERS AND. MONITORS 2. SOFTWARE * * A Schedule Total : $ $250 Deductible Appl-ies 6"S00'.00 100.00 7,000-..00 HOME OF'THE BEST QUALITY OF LIOIN EO MILT NESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 13, 2016 FROM: Steven Krokoff, City Manag� AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Sperber Music. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (eES () NO CITY ATTORNEY REVIEW REQUIRED: (?/YES NO APPROVAL BY CITY ATTORNEY. (41APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: It,II914"'IG REMARKS: y Your _ PHONE: 678.242.25001 FAX: 678.242.2499,"r"seri S �c}.�wd• InfofeHyofmlltonga.us l w .eHyohelHonga.us enure Community c'wd eh'. 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 _,__.. a� To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on December 14, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Sperber Music. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Sperber Music. Executive Summary: Sperber Music provides the city with a youth music program. This program will offer music camps and classes at Bell Memorial Park and Bethwell Community Center. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another music provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 2, 2016 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Facility Use Agreement 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 YOUTH MUSIC CLASSES AND CAMPS at the following locations: BELL MEMORIAL PARK & BETHWELL COMMUNITY CENTER 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 four (4) 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 surcharae for non- residents shall be paid to the CITY. 1.5 The PROVIDER can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton and the City of Alpharetta will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident fees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 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. 1.7 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. 1.8 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. 1.9 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. 1.10 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. 1.11 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 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 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. 1.15 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. 2 1.16 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. 1.17 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. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their coaches and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. 1.20 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.21 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 equipment 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, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 3 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." 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 15% 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 85% 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 fifteen (15) 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. 4 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 5 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. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION 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 Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; 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 Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured.. 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. 3 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. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2017, 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 priorwritten 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 or anyone for whose acts the PROVIDER or subcontractor may be liable, 7 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 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. 9 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 representatives) 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 &,Cen 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: 17-'7 7 2- c a Lr "e- M;4o/tt 30,004 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 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 (IBCA), 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 H 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 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 offhis 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 articles) or sections) off his 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. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST: CITY: SUDIE GORDON, CITY CLERK JOE LOCKWOOD, MAYOR ATTEST: ,1\ r CU Print: Its: h oiaY (Assistant) Corporate ecretary (required if corp��rtjAn) TA EXPIRES k -N c "I( vernber 11, 2019 `�. COv�� nunrnnnu PROVIDER: Print: Its: (circle one) - President/Vice President (Corporation) - General Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation 12 EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] 13 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 2017 Time of Programs: 10:00 a.m. — 1:00 p.m. Program Dates: late June -July (TBD) Program Fee: $115 (Before May 31, 2017) $150 (After May 31, 2017) Program Enrollment: Minimum- 5 children Maximum- 15 children Materials to be supplied by participants: Daily snack/lunch Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at Bell Memorial Park, Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER ('s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Letter(s) of Recommendation Office Use Only: Program Rate:$ # 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: 11 Friday of the month Time of Programs: 6:30-9:30 p.m. Program Dates: once a quarter Program Fee: $20/15t 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 2017 Time of Programs: 10:00 a.m. —1:00 p.m. Program Dates: late June -July 2017 (TBD) Program Fee: $115 (Before May 31, 2017) $150 (After May 31, 2017) Program Enrollment: Minimum- 5 children Maximum- 15 children Materials to be supplied by participants: Daily snack/lunch Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at Bell Memorial Park, Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER ('s)Name: Sperber Music (Karen Cornell, owner) Address: 12772 Donegal Lane City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) Minimum Requirements: 1,000,000 General Liability Insurance Letter(s) of Recommendation Office Use Only. Program Rate:$ # of programs in Session: Fee/Program: EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C. ely that the individual, firm, or corporation which is engaged in the physical performanceN J{ of Milton has registered with, is authorized to use and uses the federal work authorization pr( 'C' fy, or any subsequent replacement program, in accordance with the applicable provi: �P�' __ uonsnecl in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the f�uurai 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 L) 5, Nai e of Project ) Name 6f Public Employer 15 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 Contractor Name of Project Name of Public Employer W 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: CERTIFICATE OF LIABILITY INSURANCE A GEJIERAl. LIABILITY X COMMERCIALGENERALLABILITY X IMS F_-1 OCCUR 1DATE(D�YI 03/0712016 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: lithe CO"If(cate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condttlons of the policy, certain policies may require an endorsement. A statement on Oft certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PROAUCER Scott Ralston Scott Ralston Scott Ralston Insurance Agency INC 5tateFam 415 Marietta HighwayE-MAIL A. Roswell, GA 30075-4705 PHONE -1052 AtwREss: scan scottRaiston.wrr, INSURER4S) AFFOFDBNG COVERAGE NAIc r INSURER INSURER A: State Farm Fire and Casualty,Com n s INSURER B: INSURED KAREN D DBA SPERBER MUSIC . INSURERC. INsuRERD: 12772 DONEGAL LN INSURER E: MILTON GA 30004-8106 INSURER F : r_vx.,, ury rvvcsrnsn: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING 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. TYPE OF INSURANCE A L POLICY EFF MPOOLICY EXP LlMns POLICY NUMBER A GEJIERAl. LIABILITY X COMMERCIALGENERALLABILITY X IMS F_-1 OCCUR 1771Y 91-139-J391-9 F 0612112012 06l21,mir EACHOCCURRENCE 3 1,000,000 PREMISESTEREN rtence $ 300,DOD MED EA P(Anyonaperson) $ 5,000 PERSONAL &ADVINJURY $ 1,000.000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRO - X POUCY 7 J"T LOC PRODUCTS -COMPIOPAGO S 2,000,000 S AUYOMOBILELUBiLITYNE i LIMIT a acddent) S ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS { BODILY INJURY (Per person) 3 BODILY INJURY (Per accideni) S HIRED AUTOS LION -OWNED AUTOS r��DAMAGE 3 S I I Uf�RELiq UAII EXCESS Lt48 H OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S OED I I RETENTIONS S NNOMIZAS COMPENSATION AND EMPLOYERS' LIABILITYI ANY PROPMETORMARTNERIEXEMMVE YIN OFFICEIVEMBEREXCLUCIM? N!A IVIC STATU- TORY 1 E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) N yes, describe under E.L. DISEASE- POUCY LIMIT E LIE DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (Attach ACOM 101, AddRlcnai Remarks Schedule, H more apace is regtt(rad) ADDL INSURED ADDL INSURED CITY OF MILTON FULTON COUNTY SCHOOLS 13000 DEERFIELD PKVVY STE 107A 786 CLEVELAND AVE SW MILTON GA 30004-5026 ATLANTA GA 30315-7299 City of Milton 130000 Deerfield PKWY, Suite 107 Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELMERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED E3EPoLATHVE /I ©1988-2010 ACORD CORPORATION- A(1 rityhts vp- rerued ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.8 01-23-2013 HOME OF'THE BEST QUALITY OF LIFE IN LEO MILTON't 0 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 13, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Contract Concession Agreement between the City of Milton and Wanna Play Baseball, Inc. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 141YES (J NO CITY ATTORNEY REVIEW REQUIRED: (4ES () NO APPROVAL BY CITY ATTORNEY. (JAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: t &I M/tal4 REMARKS: ©i Toum PHONE: 678.242.25001 FAX: 678.242.2499 ® Grene+ *� �; 'g'!,L y^ Inlofcltyolmlltonya.us I w .cltyollmlltonga.us Communit &nom 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - " sr To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on December 14, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Contract Concession Agreement between The City of Milton and Wanna Play Baseball, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Contract Concession Agreement between The City of Milton and Wanna Play Baseball, Inc. Executive Summary: Wanna Play Baseball, Inc provides the city with all the concessions at Bell Memorial Park. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 3% commission on gross revenues to the City. Alternatives: If this contract is not approved, we will have to research to find another concessions provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 17, 2016 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Contract Concession Agreement between The City of Milton and Wanna Play Baseball, Inc. HOME OF' NA 1140 N't ESTABLISHED 2006 CONCESSION CONTRACT AGREEMENT This Agreement (the "Agreement") is made and entered into this _ day of , 2016 (the "Effective Date"), by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council (hereinafter referred to as the "City"), and Wanna Play Baseball, Inc., a Georgia corporation with its principal place of business located at 101 Country Acres Lane, Canton, GA 30115 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the Contractor desires to provide certain concession stand operations at Bell Memorial Park, and WHEREAS, in exchange for the City authorizing Contractor to provide such concession stand operations at Bell Memorial Park and keep a percentage of the revenues obtained from such operations, the Contractor has agreed to provide the City with a percentage of such revenues; and WHEREAS, the Contractor has represented that it is qualified by training and experience to provide the Work described in this Agreement related to concession stand operations at Bell Memorial Park; and WHEREAS, the Contractor desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: 1. Scope of Work and Consideration. In consideration for the City authorizing Contractor to provide concession stand operations at Bell Memorial Park and keep a portion of the revenues obtained from such operations, the Contractor has agreed to provide the Work described below and pay the City a Commission (as defined below) under the terms provided herein. a. The Work. Contractor shall provide concession stand operations at Bell Memorial Park, located at 15245 Bell Park Drive, Milton, GA 30004, as described in the Request for Proposals, attached hereto as Exhibit "A" and incorporated herein by reference, and the Contractor's Proposal, attached hereto as Exhibit `B" and incorporated herein by reference. The Contractor shall only use the concession stand facilities identified by the City, and the Contractor must comply with the following requirements in its operation of the concession stands at Bell Memorial Park: i. The Contractor is authorized for the Term of this Agreement to sell in the concession only high quality food, beverage and miscellaneous items (including but not limited to burgers, hot dogs, chicken, sausages, BBQ, sundry items, novelties and candy) that are approved for sale by the Parks and Recreation Director or his designee. No seeds of any kind, including but not limited to sunflower seeds and pumpkin seeds, will be allowed for sale. No alcoholic beverages will be allowed for sale. Pursuant to O.C.G.A. § 50-5-81, the parties acknowledge that no government funds are being used to purchase any beef products. ii. The City reserves the right to monitor all concession prices, so as to ensure that patrons are not overcharged. The Contractor will submit a list of items and prices to be reviewed and approved by the Parks and Recreation Director or his designee. The pricing of each food, beverage or miscellaneous item specified is to remain firm for a one-year period, and, following such one-year period, any changes to such pricing must be approved in writing by the City. The pricing must stay within the local market pricing and may not vary and/or change due to special activities scheduled throughout the year. iii. Various equipment owned by the City is available for use from time to time if the Contractor so desires. If Contractor wishes to use such equipment, Contractor must contact the City to determine what equipment is available. If the Contractor chooses to use any of the City's equipment, Contractor shall do so at its own risk, and any damages are the responsibility of the Contractor (except for standard wear and tear). It is the responsibility of the Contractor to use equipment provided by the City in a responsible and careful manner and to provide any additional equipment required to complete the Work and provide the services associated with the concession stand operations. Any supplies or equipment left at the park by the Contractor will be the responsibility of the Contractor. The City shall not be responsible for any lost, stolen, or broken equipment or supplies. iv. The Concession Stand will be kept clean by the Contractor, including, but not limited to, cleaning the concession stand interior after each use and properly disposing of trash at least once each day and as required to maintain a clean operating environment. V. Contractor will be responsible for scheduling staff, stocking concessions and maintaining the security of the stand with lights out at the end of daily 2 operations. vi. Contractor will limit its access of the concession stand facility to the designated hours of operation specified by the City and shall provide sufficient staff to work the stand during operating hours. The Contractor shall have appropriate personnel available for the operation of the concession stand in order to provide reasonable and adequate service at all times called for by the schedule of hours stipulated in this Agreement below, as such schedule may be updated from time to time by the City. The Parks and Recreation Director or his designee reserves the right to have the Contractor add additional staff at the Contractor's sole expense. The Parks and Recreation Director or his designee, will review from time to time the Contractor's staffing levels to determine if patron demand is being met efficiently. If not, the Contractor will be required to increase its staff as specified by the City. vii. Contractor agrees to obtain all necessary licenses or certificates to provide the Work and to abide by all applicable laws, rules, regulations and ordinances as they relate to use of park property, including the use of tobacco products and alcoholic beverages. The Parties acknowledge and agree that, in compliance with health and fire code standards, the Contractor shall not cook anything in the concession stand building. viii. Contractor is responsible for all damages and cost of all repairs in the concession area that are attributed to its use or operation of such concession stand facilities by Contractor. ix. Contractor must open the concession stand for all tournaments and regular season games (including, but not limited to, playoffs and make up games) scheduled by the City of Milton Parks and Recreation Department. The Contractor is encouraged but not required to be open for practices during the week. X. Contractor is forbidden to change any concession stand locks without the written permission of the Director of Parks and Recreation and/or his designee. xi. The Coca-Cola Company is the approved beverage vendor for concessions within Bell Memorial Park. Therefore, Contractor must act in accordance with the terms set forth by the contract between the City of Milton and The Coca- Cola Company and all of The Coca-Cola Company's subsidiary and affiliated companies. All Coca-Cola Company products to be sold at the Bell Memorial Park concession stands must be purchased by the City from The Coca-Cola Company, and the Contractor must reimburse the City for the cost of to purchase such products. Once the City has been reimbursed for the cost to purchase such products, the Contractor may then sell the products and retain 3 any profit of such sale less any Commission provided for in this Agreement. Ordering of Coca-Cola Company products will be coordinated between the Contractor and the Parks and Recreation Director or his designee. xii. The Contractor is permitted to have non -Coca-Cola brand water stored in the City's refrigerator (not the Coca-Cola coolers) for distribution at low or no cost only to game officials (umpires and referees). xiii. The Contractor's use of equipment, food, beverage or sundry products shall be at the Contractor's own risk. The City shall not be liable for any damage or loss of such equipment, food, beverage or sundry products, unless such damage or loss occurs as a direct result of actions of the City, a City employee, or authorized agent of the City. xiv. Any sub -contracting of the Contractor's responsibilities under this Agreement must be pre -approved by the City of Milton Parks and Recreation Department in writing. Further, any such subcontractors (whether companies, groups or individuals, etc.) must agree to all terms set forth in this Agreement before providing any of the Work described herein. xv. Currently, there are no vending machines in operation in Bell Memorial Park, and Contractor may not place any vending machines for use in the park. xvi. The Contractor shall be responsible for the collection of sales tax and distribution of the tax to the State of Georgia. xvii. Contractor shall comply with the City's policy regarding criminal background screening and cause background checks to be performed on all concession stand employees (including but not limited to employees and subcontractors) who are 18 years of age and older. The City will furnish the Contractor with a background release form for all the Contractor's employees or subcontractors, and a background search of such employees or subcontractors shall be completed at the Contractor's expense. A Consent and Release Form to conduct a criminal background check must be executed by any of the Contractor's employees or subcontractor's employees, 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 result. If the Contractor has recently had a background screening conducted by another government agency, the City, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. Contractor and its employees and subcontractors must also execute a Waiver and Release of Liability holding the City harmless related to the background check. 4 xviii. The City will provide no storage space to the Contractor, unless otherwise agreed upon in writing by the Parties. Notwithstanding the foregoing, the City hereby expressly agrees to allow the Contractor to store materials, product and supplies inside the concession stand so long as such materials, product and supplies are associated with the Work to be completed under this Agreement and are stored in a safe and secure manner. xix. The Contractor shall inspect the premises and equipment offered to it by the City for its use in providing the Work contemplated under this Agreement, and, if it finds anything wrong with the premises or equipment, the Contractor shall notify the City immediately. If the issue cannot be corrected promptly so as to provide a safe premises and equipment to complete the Work for a given event, the City may cancel or relocate Contractor's services for that event, as the City deems necessary it its sole discretion. xx. Contractor shall provide the following: A. Contact person for notification of any cancellations and/or rescheduled events. B. Cleaning supplies to maintain the concession stand. C. A point of sale terminal. D. Credit card transaction processing capability. b. City Responsibilities. The City shall provide the following items for use by the Contractor in its operation of the Bell Memorial Park concessions stands during the Term of this Agreement: i. One propane grill for cooking purposes, which grill must be located and remain outside the concession stand. ii. Propane for cooking purposes. iii. The Coca-Cola Company contract and coolers. iv. Water service to the concession stand, electricity and data connectivity. v. A 220 volt electrical outlet for use with an espresso machine will be provided by the City no later than the start of the Spring Athletic Season. vi. A 3/8 inch water line for use with an espresso machine and coffee brewers will be provided by the City no later than the start of the Spring Athletic Season. c. Commission. For each and every month during the Term of this Agreement, the Contractor agrees to pay the City the sum of 3% of Contractor's gross revenues (the "Commission") from concession stand sales during that calendar month. Under no circumstances shall the City be responsible for any monetary payment to Contractor under this Agreement. Contractor shall be entitled to any and all other revenues 5 obtained from concession stand sales in excess of the Commission described above. 2. Limitation of Promotional Activities. The City must approve any promotional material, flyers, and posters advertising the Contractor or its concession activities. Further, the Contractor shall not promote its or any other privately owned business in the park or solicit any participant in a City activity for any privately owned business. The Contractor may not use park facilities to conduct any personal business. 3. Reservation of Rights Related to Certain Activities at the Park. The City reserves the right to regularly run a farmers market at Bell Memorial Park. The City also reserves the right to bring in other vendors, including but not limited to food trucks, for special events, which special events may include but shall not be limited to movies in the park. The City shall provide Contractor at least seven (7) calendar days advance notice of these occasions when additional vendors will be brought into the park. The Contractor may participate in such occasions at its sole discretion, and the Contractor's choice to decline to participate in a special event is not a cause for termination of this Agreement. 4. Schedule of Operations and Cancellation of Events. a. Schedule of Operations. i. The Projected Schedule of Activities (also referred to as "Typical Active Seasons") is as follows: A. Typical Active Spring Season begins February 1. Practices or games for baseball and lacrosse typically run from 5:30 PM until 9:30 PM Monday through Friday. Games run on Saturdays typically between 9:00 AM until 5:00 PM. Baseball is typically active on Sundays from 1:00 PM until 7:00 PM. The typically active spring season ends around Memorial Day. B. Typical Active Summer Season begins June 1. Baseball All Stars and Travel teams continue to practice and have occasional games. The possibility of a tournament or two exists at this time. Baseball has activity Monday through Thursday from 5:30 PM until 9:30 PM. Typically on the weekends, the park is open as the teams travel to their tournaments. The typically active summer season ends in mid-July. C. Typical Active Fall Season begins July 15. Football starts in mid-July with practices in the evenings during the week. Baseball and Lacrosse start up in mid-August and follow a similar schedule as the spring. The typically active fall season ends in mid-November. m D. Special Events Concession operations also will include any special sporting events (tournaments, etc.). A tentative schedule of events will be provided as soon as it is available. E. Cancelation of Events. Due to weather and/or unseen circumstances, some events may be cancelled. In event of a cancellation, the City will attempt to notify the Contractor's point of contact ahead of time. In the event the notification is not provided, the Contractor is still required to show up. Any cost incurred to the Contractor due to a cancellation is not the responsibility of the City. 4. Term. This Agreement shall commence upon the City delivering to Contractor a written "Notice to Proceed" and shall continue until December 31, 2017; provided that the Term of this Agreement may be extended for two additional one (1) year periods upon written agreement of the Parties at least ninety (90) days prior to expiration of the then -current Term. The Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. 5. Termination. The City shall have the right to terminate this Agreement for convenience or for cause by providing written notice thereof at least five (5) calendar days in advance of the termination date. Further, the City shall have the right to terminate this Agreement immediately upon any willful, reckless, or grossly negligent act or omission by the Contractor or any of its officers, employees or subcontractors. The Contractor shall have no right to terminate this Agreement prior to expiration of the then -current Term. Upon termination or expiration of this Agreement, Contractor shall provide payment to the City of any Commission due up to the termination date. The rights and remedies of the City and Contractor provided in this paragraph are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Any deficiencies by either party in compliance with the terms of this Agreement and that are not deemed to be willful, reckless or grossly negligent, shall be remedied within ten (10) business days of that party receiving notice of such deficiencies from the other party hereto. 6. Indemnification. The Contractor covenants and agrees to take and assume all responsibility for the Work provided in connection with this Agreement. Contractor shall defend, indemnify 7 and hold harmless the City and the City's 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 and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the 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 Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. 7. Insurance Requirements. a. The Contractor shall have and maintain in full force and effect for the duration of this Agreement insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with performance of the Work by Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. b. The Contractor shall maintain the following insurance policies with coverage and limits no less than: (i) Commercial General Liability Insurance Coverage of at least $1,000,000 combined single limit per occurrence for comprehensive coverage including for bodily injury and personal injury, sickness, disease or death, injury to or 8 destruction of property, including loss of use resulting therefrom. The policy must also meet the following additional requirements: • Use the 1986 (or later) ISO Commercial General liability form. • Have dedicated limits per project or location (CG 25 03 or CG 25 04). • Provide an additional insured endorsement (form b CG 20 10 with a modification for completed operations or a separate endorsement covering completed operations) naming the City as an additional insured. • Provide Blanket Contractual liability. • Cover Broad Property Damage. • Provide Severability of Interest. • Provide Underground explosion and collapse coverage. • Cover Personal injury (deleting both contractual and employee exclusions). If Contractor uses any commercial registered vehicle in the performance of this Agreement, the Contractor shall obtain and maintain Commercial Automobile Liability Insurance coverage (covering all owned, non -owned, leased, hired, and borrowed vehicles) of at least $1,000,000.00 combined single limit per occurrence for comprehensive coverage including bodily injury and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. The policy must also meet the following additional requirements: • Provide an additional insured endorsement naming the City as an additional insured. • Cover Contractual Liability. Commercial Umbrella Liability Insurance coverage of at least $1,000,000.00 per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, and Employers' Liability. The policy must also meet the following additional requirements: • Provide an additional insured endorsement naming the City as an additional insured. • Ensure concurrency of effective dates with primary policy. • Provide Blanket contractual liability. • Provide Drop down feature. • Care, Custody, and Control — Follow form in primary policy. • Aggregates apply where applicable in primary policy. • Umbrella policy must be as broad as the primary policy. (iv) Workers' Compensation limits as required by the State . of Georgia and Employers' Liability Coverage as follows: 9 Bodily Injury by Accident - $100,000.00 each accident. Bodily Injury by Disease - $ 100,000.00 policy limit. Bodily Injury by Disease - $ 500,000.00 each employee. c. Additional Insured. The City will be covered as an additional insured on all liability policies, including but not limited to the General Liability, Auto Liability, Employers' Liability and Umbrella Liability policies. d. Verification of Coverage. Contractor shall furnish the City with certificates of insurance and endorsements to policies evidencing all coverage required by this Agreement. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The certificates of insurance, endorsements and declarations page shall be furnished on a form utilized by Contractor's insurer in its normal course of business. Further, the Contractor shall provide complete certified copies of current insurance policy (ies) or a certified letter from the insurance company (ies) if requested by the City to verify the compliance with the insurance requirements. e. Acceptability of Insurer. The insurance to be maintained by Contractor must be placed with a company licensed to do business by the Georgia Department of Insurance, authorized to do business in Georgia by the Georgia Secretary of State, and have an AM Best Policyholder's rating of A- and a financial rating of Class VI or greater. f. Occurrence Basis. All Insurance Policies must be written on an Occurrence Basis. g. Renewal of Coverage. Contractor shall provide renewal certificates to the City at least 30 days prior to any coverage expiration date. Further, the Contractor shall ensure that the City receives written notice of any cancelation or modification of coverage at least 30 -days prior to such cancellation or modification of coverage. h. Reference to Contract. Certificates of Insurance and any subsequent renewals must reference specific bid/contract by project name and by project/bid number. i. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall ensure that each subcontractor complies with the insurance 10 requirements provided herein, including, but not limited to, naming the City as an additional insured. 8. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing in this Agreement shall be construed to make the Contractor or any of its employees, servants, or subcontractors an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractor, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. 9. Business License. Prior to commencement of the Work to be provided hereunder, Contractor must obtain a business license, pay the applicable business license fee, and maintain said business license during the term of this Agreement, unless Contractor provides evidence that no such license is required. 10. Change Order. All changes to the terms of this Agreement shall be incorporated in written change orders executed by the City and Contractor. Any change order shall be executed under all the applicable conditions of this Agreement. 11. Assignment. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. 12. Records. Books, records, documents, account ledgers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by Contractor in accordance with requirements prescribed by the 11 City and applicable law. Upon request, the Contractor shall furnish to the City any and all Records related to matters covered by this Agreement in the form requested by the City. The Contractor 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. 13. Notices. All communications relating to the day-to-day activities of the Work shall be exchanged between for the City and for the Contractor. 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 Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 NOTICE TO THE CONTRACTOR shall be sent to: Brenda Cormier Wanna Play Baseball, Inc. 101 Country Acres, Lane Canton, GA 30115 14. Waiver. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor 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 Contractor 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. 12 15. E -Verify. 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 Contractor shall provide evidence on City - provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have 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 Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Contractor agrees that the employee -number category designated below is applicable to the Contractor. 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. 13 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. 16. 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 Contractor agrees that, during performance of this Agreement, the Contractor, 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, the Contractor 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. 17. Contractor's violation of any term set forth in this Agreement may result in the loss of concession privileges and the termination of this Agreement. 18. Agreement Construction and Interpretation. Contractor 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. This Agreement shall be read in conformity with and to comply with the City's agreement with The Coca-Cola Company. 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. 19. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. This Agreement must be executed by both Parties and on file with the City of Milton Parks and Recreation Department prior to Contractor operating the concession stand under this Agreement. 20. Entire Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid 14 or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. 21. Successors and Assigns. 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. 22. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and Contractor submits to the jurisdiction and venue of such court. 23. Severability. 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 . 24. Force Majeure. Neither the City nor Contractor shall be liable for their respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONTRACTOR; (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. 25. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no 15 circumstances exist which will cause a conflict of interest in performing the services herein. Contractor and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. IN WITNESS WHEREOF the City and the Contractor have executed this Agreement, which is effective as of the Effective Date provided above. [SIGNATURES ON FOLLOWING PAGE] 16 CITY: CITY OF MILTON, GEORGIA, acting by and through its governing authority, the Mayor and City Council Print Name: Joe Lockwood Title: Mayor [INSERT CITY SEAL] Attest: Print: Title: City Clerk 17 CONTRACTOR: WANNA PLAY BASEBALL, INC., a Georgia nonprofit corporation Print Name: Title: President/Vice President [CORPORATE SEAL] Print: ( --o r X -j- oEle Title:_ (Assistant) Corporate Secretary EXHIBIT "A" (This page intentionally left blank) 18 EXHIBIT "B" (This page intentionally left blank) 19 EXHIBIT "C" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON t�'f'Cf16ka C-0 ? �1 '� , being first duly sworn, deposes and says that: (1) He is 0 L-) (Owner, Partner, Officer, Representative, or Agent) of XXXXXXXXX (the "Proposer") that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). Signature of Authorized Officer or Agent -TS v \&a C- cn � �j�Tesi&tc)�` Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS L- DAY OF 'O 3L / , 20((� Notary blic 'U—i I a My Commission Expires Date OITC�ei 0, \�i � G'��SS Fes•` �i (SEAL) = # �r �N or o C7 • CD so Cr �® °�'FMBER o� �• ���• 20 �oFF U80 wo coon Vis`. 111 EXHIBIT "D" 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 ///a021D Date of Authorization Wanna Play Baseball, Inc. Name of Contractor Concession Stand Operations Name of Project City of Milton Name of Public Employer 21 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ,U , 201 Com, in CGr'�`ci�ty�, (state). Signature of Authorized Officer or Agent Printed Name and Title of Auihorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE (0 DAY OF ,201. A NOT PUBLIC [NOTARY SEAL] My Commission Q — i EXHIBIT "E" 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 Wanna Play Baseball, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor Concession Stand Operations Name of Project City of Milton Name of Public Employer r I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on bec. U, 20lLo in Cc, C-t,N (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 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: Sadler Sports: SODA DATE (MM/ DDI YYYY) CERTIFICATE OF LIABILITY INSURANCE 02/03/2016 THIS CERTIFICATE IS ISSUEDAS 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 SADLER & COMPANY, INC. P.O. BOX 5866 COLUMBIA, SOUTH CAROLINA 29250-5866 CONTACT NAME: Sports Dept PHONE (A/C,No. Ext):800.622-7370 1 FAX (A/C,No):803-256.4017 E-MAIL ADDRESS: soda@sadlersports.com PRODUCER CUSTOMER ID#: INSURED 0/ B/ A SPORTSPLEX OPERATORS AND DEVELOPERS ASSOCIATION Wanna Play Baseball Eagles 101 Country Acres La Canton, GA 30115 Club #: 31168 INSURER(S) AFFORDING COVERAGE NAIL# INSURER A: NATIONAL CASUALTY COMPANY INSURER B: NATIONWIDE LIFE INSURANCE COMPANY INSURER C: INSURER D: UL/VtKAGE5 CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 62,000,000 CLAIMS MADE ®OCCUR DAMAGE TO RENTED PREMISES 61,000,000 (Ea occurrence) 11 ❑ GEN'L AGGREGATE LIMIT APPLIES KR00000005911700 12:01AM ET 03/05/2016 12:01AM ET 03/05/2017 MEDICAL EXPENSES (other than 65,000 participants) PERSONAL&ADV INJURY 62,000,000 PER: GENERAL AGGREGATE NONE POLICY `[]PROJECT []LOC OTHER PRODUCTS- COMPI OP AGG 62,000,000 LEGAL LIAB TO PARTICIPANTS $2,000,000 AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT (Ea ]ANY AUTO Accident) BODILY INJURY (Per person) []ALL OWNED AUTOS [`SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) [] NON- OWNED AUTOS C [UMBRELLA LIAB 70CCUR [ EACH OCCURRENCE nla ®EXCESSUAB CLAIMS -MADE AGGREGATE DEDUCTIBLE n/ a n/ a nl a L] RETENTION WORKERS COMPENSATION [] PER STATUE AND EMPLOYERS' LIABILITY ANY PROPRIETOR / [_]OTHER PARTNER / EXECUTIVE Y/ N OFFICER / MEMBER EXCLUDED? N! A E.L. EACH ACCIDENT E.L. DISEASE - EA EOMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION E.L. DISEASE- POLICY LIMIT OF OPERATIONS below B PARTICIPANT ACCIDENTJXS00000027218700- 12:01AM ET 12:01AM ET EXCESS MEDICAL $100,000 Y 03/05/2016 03105/2017 JAD&D IS5,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if morespaceis required) The Genera[ Liability policy, if included above, is partof the ERS Risk Purchasing Group Association, Inc. RE: COVERED Team(s) - Youth - Accident & General Liability Baseball -1 Team(s) - [Maximum 18 players per team] Team Names: Wanna Play Baseball Eagles (Accident Package Youth Team: $100,000 Excess Medical; $5,000 Accidental Death or Dismemberment; $250 per claim deductible) (General Liability Package Youth Team: $2,000,000 Each Occurrence; $2,000,000 Legal Liability to Participants. Waiver/ Release Recommended) NOTE: The Participant Accident policy, if included above, is not a part of the ERS Risk Purchasing Group Association, Inc. The certificate holder is added as an additional insured, but only with respect to the liability arising out of the operations of the insured above. CERTIFICATE HOLDER CANCELLATION RELATIONSHIP; Property Owner/ Lessor SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (company A) Bell Memorial Park Bell Memorial Park AUTHORIZED REPRESENTATIVE (company B) Milton, GA 30004 09-041^ 1-r"Adkal, Coverage is only extended to U.S. events and activities NOTICE TO TEXAS INSUREDS: The Insurerfor the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas. ACORD 26 (2014/01) @ 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MIT -TON 'S ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 14, 2016 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of a Traffic Signal Maintenance Agreement between the City of Milton and Siemens, Industry, Inc. MEETING DATE: Monday, December 19, 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: (41'ES NO CITY ATTORNEY REVIEW REQUIRED: (,yVES / J NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: (L(f1(tol� REMARKS: © * Yom PHONE: 678.242.25001 FAX: 678.242.2499 InfaOcItyalmlltonga.us I www.cHyoftnIHnga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 WC�Green� s •��• r�� emmugity a To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Assistant City Manager Date: Submitted on December 14, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval of a Traffic Signal Maintenance Agreement between the City of Milton and Siemens Industry, Inc. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In 2017 our current contracts for Public Works services will expire. In accordance with our standard procurement practices an Invitation to Bid (ITB) was issued to provide Traffic Signal Maintenance services. The city received one bid for these services from Siemens Industry Inc. Staff is recommending approval of this on-call traffic signal maintenance agreement in an amount not to exceed $70,000 per year. Funding and Fiscal Impact: Funding for this contract is available in the Infrastructure services account Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP (November 21, 2016) Attachment(s): Traffic Signal Maintenance Agreement HOME OF'- NA F'"NA I LTO NIt ESTABLISHED 27 TRAFFIC SIGNAL MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and Siemens Industry, Inc., a Delaware corporation, (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide public works services in one or more Project(s) (defined below); and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Agreement, the Project(s), and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — City Solicitation Documents Exhibit "B" — Contractor Response/Proposal Exhibit "C" — Project Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit Exhibit "F" — Key Personnel Exhibit "G.1" — Performance Bond Exhibit "G.2" — Payment Bond Exhibit "H" — Non -Collusion Affidavit B. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the Project and its approved Work Orders, as defined in Section II. Unless otherwise stated, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Project Scope of Work or applicable Work Orders, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. The Work shall comply with all applicable requirements, standards, conditions and specifications set forth in the City Solicitation Documents, Exhibit "A", and representations in the Contractor Response/Proposal, Exhibit "B", attached hereto and incorporated herein by reference. C. Timing and Term of Agreement. Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") will be from the Effective Date until September 30, 2017. On October 1, 2017, and on October 1 of each following year, this Agreement shall automatically renew for a twelve (12) month Term unless either Party provides written notice of nonrenewal at least thirty (30) days prior to the expiration of the then -current Term. This Agreement shall automatically renew no more than four (4) times, and shall not renew if affirmatively terminated by either Party pursuant to Section VII of this Agreement II. PROJECT AND WORK ORDERS A. The Proiect. The project contemplated by this Agreement is traffic signal repair and maintenance (the "Project"), as set forth in the Project Scope of Work at Exhibit "C", attached hereto and incorporated herein by reference. B. Work Orders. Repair and maintenance will be completed on an as -needed basis through orders ("Work Orders") for performance of Work. All Work Orders shall be in writing and issued by the City's Representative (as defined herein) or his or her delegate, and accepted in writing by the Contractor's Representative (as defined herein) or his or her delegate. Each Work Order shall identify the location and nature of the requested Work and the expected cost of the Work. A revised cost estimate must be approved in writing by the City's Representative before Contractor may exceed any initially -estimated price for the Work. The City shall follow its procurement policy in processing Work Orders. 2 III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. The amount paid to Contractor shall be the sum of all hours worked, materials used, and supplemental costs incurred in performing all approved Work Orders, calculated as set forth in Exhibit "A" at the unit prices set forth in Exhibit "B". City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in Work performed compared to Work ordered shall be clearly communicated to City before charges are incurred and necessary changes shall be handled through Work Orders as described in Section II above. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. B. Maximum Payment Amount. The maximum amount that can be paid to Contractor for Work performed and reimbursement for costs incurred during any Term shall be $70,000.00. In order to increase this amount, the Parties must execute a written amendment to this Agreement. IV. PERFORMANCE REVIEW A. Performance Monitoring. City may inspect the timeliness and quality of Contractor's Work at any time. If City notifies Contractor of any improperly -performed Work or late performance of Work, Contractor shall correct the deficiencies at no additional cost to the City. B. Performance Review Meetings; Probation. Representatives for City and Contractor shall meet every three months to review Work performance, at no additional cost to City. In the event of a serious or repetitive deficiency, the City may inform Contractor that it is on Probation status; while on such status, City and Contractor shall meet every month to review performance, at no additional cost to City. Contractor shall remain on Probation status until two successive months of acceptable performance have elapsed. C. Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer loss, inconvenience and additional administrative burden if the Work is not completed timely and properly. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed as required. If the City reasonably determines that the Contractor's performance deficiencies have continued during any month while on Probation status, the City shall so inform the Contractor at the next monthly meeting. As liquidated damages for nonperformance (but not as a penalty), the City shall be entitled to 10% of the Project's invoiced bill for the month in question. If, at the end of the Term, the Contractor has spent fewer than three months of the Term on Probation status and is not then on Probation status, the City shall refund any liquidated damages amounts withheld to the Contractor. This liquidated damages provision shall not take the place of any of City's other contractual rights, including the right to terminate this Agreement for cause. D. Replacement of Unsatisfactory Workers. Contractor shall promptly remove and permanently replace any employee or subcontractor declared by the City to be unsuitable to provide Work under this Agreement, including for reasons of chronic tardiness or absenteeism, improper job attire, unprofessional attitude or behavior, or demonstrated inability or unwillingness to properly perform Work. The City shall have absolute discretion in making this determination, provided it does not act in bad faith. Contractor's failure to comply with this provision will constitute a material breach of this Agreement. V. COVENANTS OF CONTRACTOR A. Expertise of Contractor; Licenses, Certification and Permits. Contractor accepts the relationship of trust and confidence established between it and City, recognizing that City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor, including as a result of not meeting the applicable standard of care or quality, will be provided by Contractor at no additional cost to City. B. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's profession and industry, Contractor will give written notice immediately to City. C. City's Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor's Work performed under this Agreement. Contractor acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be performed under this Agreement. D. Contractor's Reliance on Submissions by City. Contractor must have timely H information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor's Representative. William Tucker [INSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Contractor shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "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 and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This indemnity 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 Contractor, its subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. 5 H. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Contractor or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of Contractors, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. If a general aggregate 31 limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (b) Commercial Automobile Liability (owned, non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant's errors, omissions, or negligent acts. [Required if any professional services will be provided.] (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $2,000,000 (two million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, 7 employees, representatives, Contractors, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor for City. (vii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Contractor under the terms of this Agreement, including but not limited to Section V(G) of this Agreement. (b) Workers' Compensation Coverage. The insurer providing Workers' 8 Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days' prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) If higher limits are maintained by Contractor than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Contractor. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder's rate of no less than "A-" and with a financial rating of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed 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. City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. M (7) Contractor's Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. (8) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (9) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (10) City as Additional Insured and Loss Pam City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (11) Progress Payments: The making of progress payments to Contractor shall not be construed as relieving Contractor or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Bonds. The Contractor shall provide Performance and Payment bonds on the forms attached hereto as "Exhibits G.1 and G.2" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Bonds shall be maintained in the minimum amount of $70,000.00. If the price of the Contractor's Work in a given Term exceeds $70,000.00, the bonded amount shall be increased accordingly to meet 100% of the price of the Work. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. K. Non -Collusion Affidavit. Contractor's officers, partners and employees responsible for bidding for the Work (as may be required to comply with O.C.G.A § 32-4-122 and § 36-91-21(e)) shall complete and return to City the Non -Collusion Affidavit attached hereto as "Exhibit H." L. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: ff (1) Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have 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; or (2) Contractor provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor's state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City, or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above, or provided City with the appropriate state issued identification as noted in sub -subsection (3) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. 11 § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Contractor shall be liable for all damages and delays occasioned by City thereby. Contractor agrees that the employee -number category designated below is applicable to Contractor. [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Contractor in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, 12 time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Contractor shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City or City's representative(s) for examination all Records. Contractor will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Contractor shall permit City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. N. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify City. If City determines that a conflict of interest exists, City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Contractor and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by 13 or on behalf of a sub -Contractor under a contract to the prime Contractor or higher tier sub - Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. O. Confidentiality. Contractor acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, Contractors, and/or staff to likewise protect such confidential information. Contractor agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. P. Key Personnel. All of the individuals identified in Exhibit "F", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the Project team, as listed in Exhibit "F", without written approval of City. Contractor recognizes that the composition of this team was instrumental in City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Q. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. R. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Contractor ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Contractor may retain a copy of any deliverables for its records. Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed 14 before final delivery to City, Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. S. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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, Contractor agrees that, during performance of this Agreement, Contractor, 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, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. VI. COVENANTS OF CITY A. Right of Entry. City shall provide right of entry for Contractor and Contractor's materials and equipment required to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Roddy Motes shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Agreement, provided that delivery of official notice to the City must comply with the notice provisions of Section VIII.F. VII. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Contractor within thirty (30) calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Contractor fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Contractor for the costs of curing the default against any sums due or which become due to Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. 15 C. Payment Upon Termination. Upon termination, City shall provide for payment to Contractor for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Project, as determined at the time of termination. D. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VII(A) above. E. Requirements Upon Termination. Upon termination, Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Contractor in performing this Agreement, whether completed or in process, in the form specified by City. F. Reservation of Rights and Remedies. The rights and remedies of City and Contractor provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VIII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only in a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. 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. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. 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, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. H D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. 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 if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work, and Work Orders, shall be exchanged between City's Representative (named above) for City and Contractor's Representative (named above) for Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by 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 CITY shall be sent to: City Manager City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: I INSFRT C ONTAC"I- INI,-ORMA-I'ION'ADI)RI�'SSI Houston, TX 77032 17 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Contractor 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. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal contractual liability, except where Contractor is a sole proprietor. The Parties agree that, except where Contractor is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Contractor or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Contractor represents that it has reviewed and become familiar with this Agreement. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. 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 interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of 18 either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Maieure, Neither City nor Contractor 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: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONTRACTOR; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 19 CONTRACTOR: Siemens Ind stry, Inc. Signature: 144� Q Print Name: William Tucker Title: President/Vice President (Corporation) Attest/Witness: Signature: % / c/.�; Print Name: Title: Service Account Manager (Assistant) Corporate Secretary Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney [CORPORATE SEAL] CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 20 [CITY SEAL] HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILFONft- ESTABLIMED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 13, 2016 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of a Right of Way Maintenance Agreement between the City of Milton and Optech RWM, LLC. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPRO VED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.K'ES (J NO CITY ATTORNEY REVIEW REQUIRED: OYES NO APPROVAL BY CITY ATTORNEY. (,APPROVED NOT APPROVED PLACED ON AGENDA FOR: 1241"11 744 REMARKS: ©» Ysum PHONE: 678.242.25001 FAX: 678.242.2499Gr"eelri • `�;rw; > infDOcByolmiltongo.us I w ,Hyof nllfongo.us wr n mun' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Comvty To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Assistant City Manager Date: Submitted on December 14, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval of a Right of Way Maintenance Agreement between the City of Milton and Optech RWM, LLC. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In 2017 our current contracts for Public Works services will expire. In accordance with our standard procurement practices an Invitation to Bid (ITB) was issued to provide Right of Way Maintenance services. The city received four bids for these services. Staff has determined that Optech RWM, LLC is the lowest, responsible bidder and is recommending approval of this right of way maintenance agreement in an amount not to exceed $250,000 per year. Funding and Fiscal Impact: Funding for this contract is available in the Infrastructure services account Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP (November 21, 2016) Attachment(s): Right of Way Maintenance Agreement 1 RIGHT OF WAY MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the “City”), and OPTECH RWM, LLC, a Georgia Limited Liability Company, (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide public works services in one or more Project(s) (defined below); and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Agreement, the Project(s), and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Contractor Response/Proposal Exhibit “C” – Project Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel Exhibit “G.1” – Performance Bond Exhibit “G.2” – Payment Bond 2 Exhibit “H” – Non-Collusion Affidavit B. The Work. The work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the Project and any approved Work Orders, as defined in Section II. Unless otherwise stated, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Project Scope of Work or applicable Work Orders, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. The Work shall comply with all applicable requirements, standards, conditions and specifications set forth in the City Solicitation Documents, Exhibit “A”, and representations in the Contractor Response/Proposal, Exhibit “B”, attached hereto and incorporated herein by reference. C. Timing and Term of Agreement. Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Th e term of this Agreement (“Term”) will be from the Effective Date until September 30, 2017. On October 1, 2017, and on October 1 of each following year, this Agreement shall automatically renew for a twelve (12) month Term unless either Party provides written notice of nonrenewal at least thirty (30) days prior to the expiration of the then-current Term. This Agreement shall automatically renew no more than four (4) times, and shall not renew if affirmatively terminated by either Party pursuant to Section VII of this Agreement II. PROJECT AND WORK ORDERS A. The Project. The project contemplated by this Agreement is right of way maintenance (the “Project”), as set forth in the Project Scope of Work at Exhibit “C”, attached hereto and incorporated herein by reference. Contractor shall provide all Work necessary to maintain the right of way in the areas of service described in the Project Scope of Work. B. Work Orders. Right of way maintenance tasks will be completed on an as-needed basis, through orders (“Work Orders”) for performance of Work. Contractor shall suggest Work Orders to the City when it observes any right of way-related condition in need of maintenance and shall accept Work Orders developed by the City. All Work Orders shall be in writing and issued by the City’s Representative (as defined herein) or his or her delegate, and accepted in writing by the Contractor’s Representative (as defined herein) or his or her delegate. Each Work Order shall identify the location and nature of the requested Work and any associated cost to the City. C. Supplemental Work. The City may request Work not covered by the Project Scope of Work. Such Work is considered “Supplemental” and subject to additional compensation at the unit prices set forth in Exhibit “B”. Each Work Order for Supplemental Work shall specify the expected price of any Supplemental Work, including associated costs. A revised estimate must be approved in writing by the City’s Representative before Contractor may exceed any initially- estimated price for the Supplemental Work. The City shall follow its procurement policy in 3 processing Supplemental Work Orders. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. The amount paid to Contractor in a given Term shall be the lump sum price for the Term as specified in Exhibit “B”, plus the sum of all hours worked and materials consumed in performing approved Supplemental Work Orders at the per-unit prices set forth in Exhibit “B”. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. The lump sum payment for the Project shall be invoiced and paid in equal monthly installments over the course of the Term. Compensation for Supplemental Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthl y basis, and such invoices shall reflect (if applicable) costs incurred versus costs budgeted. Any material deviations in Work performed compared to Work ordered shall be clearly communicated to City before charges are incurred and necessary changes shall be handled through Supplemental Work Orders as described in Section II above. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. B. Maximum Payment Amount. The maximum amount that can be paid to Contractor for Work performed and reimbursement for costs incurred during any Term shall be $250,000.00. In order to increase this amount, the Parties must execute a written amendment to this Agreement. IV. PERFORMANCE REVIEW A. Performance Monitoring. City may inspect the timeliness and quality of Contractor’s Work at any time. If City notifies Contractor of any improperly-performed Work or late performance of Work, Contractor shall correct the deficiencies at no additional cost to the City. B. Performance Review Meetings; Probation. Representatives for City and Contractor shall meet every three months to review Work performance, at no additional cost to City. In the event of a serious or repetitive deficiency, the City may inform Contractor that it is on Probation status; while on such status, City and Contractor shall meet every month to review performance, at no additional cost to City. Contractor shall remain on Probation status until two successive months of acceptable performance have elapsed. C. Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer loss, inconvenience and additional administrative burden if the Work is not completed timely and properly. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed as required. If the City reasonably determines that the Contractor’s performance deficiencies have continued during any month while on Probation status, the City shall so inform the Contractor at the next monthly meeting. As 4 liquidated damages for nonperformance (but not as a penalty), the City shall be entitled to 10% of the Project’s invoiced bill for the month in question. If, at the end of the Term, the Contractor has spent fewer than three months of the Term on Probation status and is not then on Probation status, the City shall refund any liquidated damages amounts withheld to the Contractor. This liquidated damages provision shall not take the place of any of City’s other contractual rights, including the right to terminate this Agreement for cause. D. Replacement of Unsatisfactory Workers. Contractor shall promptly remove and permanently replace any employee or subcontractor declared by the City to be unsuitable to provide Work under this Agreement, including for reasons of chronic tardiness or absenteeism, improper job attire, unprofessional attitude or behavior, or demonstrated inability or unwillingness to properly perform Work. The City shall have absolute discretion in making this determination, provided it does not act in bad faith. Contractor’s failure to comply with this provision will constitute a material breach of this Agreement. V. COVENANTS OF CONTRACTOR A. Expertise of Contractor; Licenses, Certification and Permits. Contractor accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor, including as a result of not meeting the applicable standard of care or quality, will be provided by Contractor at no additional cost to City. B. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s profession and industry, Contractor will give written notice immediately to City. C. City’s Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor’s Work performed under this Agreement. Contractor acknowledges and agrees that the acceptance of Work by City is limited to the function of 5 determining whether there has been compliance with what is required to be performed under this Agreement. D. Contractor’s Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor’s Representative. _____________________ [INSERT NAME] shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Contractor shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “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 and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This indemnity 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 Contractor, its subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. 6 This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Contractor or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of Contractors, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Contractor agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one 7 million dollars) combined single limit per occurrence for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant’s errors, omissions, or negligent acts. [Required if any professional services will be provided.] (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Contractor must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $2,000,000 (two million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella 8 Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, Contractors, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor for City. (vii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Contractor under the terms of this 9 Agreement, including but not limited to Section V(G) of this Agreement. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days’ prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) If higher limits are maintained by Contractor than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Contractor. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor’s insurer in its normal course of business and are to be signed 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. City reserves the right to require complete, certified copies of all required 10 insurance policies at any time. Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Contractor’s Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. (8) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (9) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (10) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (11) Progress Payments: The making of progress payments to Contractor shall not be construed as relieving Contractor or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Bonds. The Contractor shall provide Performance and Payment bonds on the forms attached hereto as “Exhibits G.1 and G.2” and with a surety licensed to do business in Georgia and listed on the Treasury Department’s most current list (Circular 570 as amended). Bonds shall be maintained in the minimum amount of $250,000.00. If the price of the Contractor’s Work in a given Term exceeds $250,000.00, the bonded amount shall be increased accordingly to meet 100% of the price of the Work. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. K. Non-Collusion Affidavit. Contractor’s officers, partners and employees responsible for bidding for the Work (as may be required to comply with O.C.G.A § 32-4-122 and § 36-91-21(e)) shall complete and return to City the Non-Collusion Affidavit attached hereto as “Exhibit H.” 11 L. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have 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, or (2) Contractor provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor’s state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City, or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above, or provided City with the appropriate state issued identification as noted in sub-subsection (3) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Contractor’s and 12 Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Contractor shall be liable for all damages and delays occasioned by City thereby. Contractor agrees that the employee-number category designated below is applicable to Contractor. [DESIGNATE/MARK APPROPRIATE CATEGORY] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Contractor in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit 13 findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Contractor shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City or City’s representative(s) for examination all Records. Contractor will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Contractor shall permit City or City’s representative(s) to observe and inspect any or all of Contractor’s facilities and activities during normal hours of business for the purpose of evaluating Contractor’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. N. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify City. If City determines that a conflict of interest exists, City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Contractor and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in 14 any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-Contractor under a contract to the prime Contractor or higher tier sub- Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. O. Confidentiality. Contractor acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, Contractors, and/or staff to likewise protect such confidential information. Contractor agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. P. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Contractor recognizes that the composition of this team was instrumental in City’s decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. Q. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. R. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Contractor (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Contractor 15 or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Contractor may retain a copy of any deliverables for its records. Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. S. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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, Contractor agrees that, during performance of this Agreement, Contractor, 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, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. VI. COVENANTS OF CITY A. Right of Entry. City shall provide right of entry for Contractor and Contractor’s materials and equipment required to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. Roddy Motes shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Agreement, provided that delivery of official notice to the City must comply with the notice provisions of Section VIII.F. VII. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Contractor within thirty (30) calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Contractor at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Contractor fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Contractor for the costs of curing the default against any sums due or which become due to Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. 16 C. Payment Upon Termination. Upon termination, City shall provide for payment to Contractor for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Project, as determined at the time of termination, not otherwise covered by the remaining unpaid price for the Project. D. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VII(A) above. E. Requirements Upon Termination. Upon termination, Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Contractor in performing this Agreement, whether completed or in process, in the form specified by City. F. Reservation of Rights and Remedies. The rights and remedies of City and Contractor provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VIII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only in a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. 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. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. 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, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. 17 D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. 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 if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work, and Work Orders, shall be exchanged between City’s Representative (named above) for City and Contractor’s Representative (named above) for Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by 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 CITY shall be sent to: City Manager City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Robert W. Monette Optech RWM, LLC 2210 Justin Trail Alpharetta, GA 30004 G. Waiver of Agreement. No failure by City to enforce any right or power granted 18 under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Contractor 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. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of services under this Agreement shall not subject Contractor’s individual employees, officers, or directors to any personal contractual liability, except where Contractor is a sole proprietor. The Parties agree that, except where Contractor is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Contractor or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Contractor represents that it has reviewed and become familiar with this Agreement. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. 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 interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their 19 singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Contractor 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: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONTRACTOR; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Contractor’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 20 CONTRACTOR: Optech RWM, LLC Signature: ___________________________________ Print Name: _____________________________ Title: Member/Manager (LLC) Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CIT Y SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney EXHIBIT “A” ITB 16-PW11 Exhibit A.pdf EXHIBIT “B” Optech Repsonse.pdf EXHIBIT “C” See Exhibit “A” pages 22-33. EXHIBIT “D” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization Optech RWM, LLC_________________ Name of Contractor Right of Way Maintenance__________ Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ 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 ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ______________________________ EXHIBIT “E” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Optech RWM, LLC on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period , and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Right of Way Maintenance Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ 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 ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ______________________________ EXHIBIT “F” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: [INSERT KEY PERSONNEL BELOW] Individual Position _____________, Project Manager EXHIBIT “G.1” PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT ___________________________ (as CONTRACTOR, hereinafter referred to as the “Principal”), and _____________________ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of the City, in the sum of _____________________________ Dollars ($________.__), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the project known as _______________________________________________ (hereinafter referred to as “the PROJECT”), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”),. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the p erformance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or ab out the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR (“Principal”): ___________________________ By: __________________________ (signature) __________________________ (print) Title: ___________________________ (SEAL) Attest: Date: ___________________________ _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ CONTRACTOR’S SURETY: _________________________ By: __________________________ (signature) __________________________ (print) Title: __________________________ (SEAL) Attest: Date: __________________________ _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) EXHIBIT “G.2” PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT __________________________ (as CONTRACTOR, hereinafter referred to as the “Principal”), and _______________________ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of _____________________________ Dollars ($_______.__), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for a project known as _____________________________________________ (hereinafter referred to as “the PROJECT”), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Project, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Project, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: ______________________________ By: __________________________ (signature) __________________________ (printed) Title: __________________________ (SEAL) Date: __________________________ Attest: ______________________ (signature) ______________________ (printed) Title: _________________ Date:__________________ CONTRACTOR’S SURETY: _________________________ By: _________________________ (signature) _________________________ (printed) Title: _________________________ (SEAL) Date: __________________________ Attest: _____________________ (signature) _____________________ (printed) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) EXHIBIT “H” NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER/BIDDER STATE OF _________________ COUNTY OF _______________ ________________________________________, being first duly sworn, deposes and says that: (1) He/she is ___________________________(Owner, Partner, Officer, Representative, or Agent) of ________________________ (the “Bidder”) that has submitted the attached bid/proposal (the “Bid”); (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham bid/proposal; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder/proposer, firm or person to submit a collusive or sham bid/proposer in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding/proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder/proposer, firm or person to fix the price or prices in the attached Bid or of any other bidder/proposer, or to fix any overhead, profit or cost element of the price of any other bidder/proposer or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (6) Bidder has not directly or indirectly violated O.C.G.A. § 36-91-21(d). _______________________________________ 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 _________, 20___. _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' Jjj MILTO r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 14, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and Tri Scopes, Inc. to Provide Facility Landscaping Services, Sport Field Maintenance and Maintenance of Bell Memorial and Providence Parks MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (/ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (41YES () NO CITY ATTORNEY REVIEW REQUIRED: (IYES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: 111414170% REMARKS: ©*Your *** PHONE: 678.242.25001 FAX: 678.242.2499 �Gre`eri + ��� RE Info@cHyolmilfonga.us www.eNyofmlMorrya.us i C0111111Yfl1 j, a<na 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 — - °'°^' •. ^^°^:E c To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Assistant City Manager Date: Submitted on December 14, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Tri Scapes, Inc. to Provide Facility Landscaping Services, Sport Field Maintenance and Maintenance of Bell Memorial and Providence Parks ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In 2017 our current contracts for Public Works services will expire. In accordance with our standard procurement practices a Request for Proposals (RFP) was issued to provide landscaping services for various city facilities and roundabouts, maintenance of our IGA sports fields and maintenance for Bell Memorial and Providence parks. The city received eleven proposals for these services from various contractors. These proposals were reviewed by a selection committee that was made up staff members representing the various departments utilizing these services. The selection committee evaluated the proposals to determine the most qualified vendor(s) that would provide the best value to the city for these services. The selection committee recommends awarding a contract to Tri Scapes, Inc. to provide these services in an amount not to exceed $300,000 per year. Funding and Fiscal Impact: Funding for this contract is available in the Infrastructure services account Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP (December 7, 2016) Page 2 of 2 Attachment(s): Facilities Landscaping, Sport Field Maintenance and Park and Field Maintenance Agreement 1 FACILITIES LANDSCAPING, SPORT FIELD MAINTENANCE AND PARK AND FIELD MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the “City”), and Tri Scapes, Inc., a Georgia corporation, (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide public works services in one or more Project(s) (defined below); and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Agreement, the Project(s), and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Contractor Response/Proposal Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel Exhibit “G” – Non-Collusion Affidavit 2 B. The Work. The work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the Project and any approved Work Orders, as defined in Section II. Unless otherwise stated, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Project Scope of Work or applicable Work Orders, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. The Work shall comply with all applicable requirements, standards, conditions and specifications set forth in the City Solicitation Documents, Exhibit “A”, and representations in the Contractor Response/Proposal, Exhibit “B”, attached hereto and incorporated herein by reference. C. Timing and Term of Agreement. Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Th e term of this Agreement (“Term”) will be from the Effective Date until September 30, 2017. On October 1, 2017, and on October 1 of each following year, this Agreement shall automatically renew for a twelve (12) month Term unless either Party provides written notice of nonrenewal at least thirty (30) days prior to the expiration of the then-current Term. This Agreement shall automatically renew no more than four (4) times, and shall not renew if affirmatively terminated by either Party pursuant to Section VII of this Agreement II. PROJECT AND WORK ORDERS A. The Project. The projects contemplated by this Agreement are facility landscaping, sports field maintenance and park and field maintenance (collectively, the “Project”), as set forth in the Project Scope of Work at Exhibit “C”, attached hereto and incorporated herein by reference. B. Work Orders. Where services within the Project Scope of Work require specific authorization or direction from the City or where such services would result in additional cost to the City, the City will issue orders (“Work Orders”) for performance of the Work. Contractor shall suggest Work Orders to the City when it observes any sports field, park and field, or facility landscaping conditions in need of special attention. All Work Orders shall be in writing and issued by the City’s Representative (as defined herein) or his or her delegate, and accepted in writing by the Contractor’s Representative (as defined herein) or his or her delegate. Each Work Order shall identify the location and nature of the requested Work and any associated cost to the City. C. Supplemental Work. The City may request Work not covered by the Project Scope of Work. Such Work is considered “Supplemental” and subject to additional compensation at the unit prices set forth in Exhibit “B”. Each Work Order for Supplemental Work shall specify the expected price of any Supplemental Work, including associated costs. A revised estimate must be approved in writing by the City’s Representative before Contractor may exceed any initially- estimated price for the Supplemental Work. The City shall follow its procurement policy in processing Supplemental Work Orders. 3 III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. The total amount paid to Contractor in the any Term shall be the combined lump sum price for sports field maintenance, park and field maintenance, and landscaping (the “Alternative Bid for Multiple Contracts”) as set forth in Exhibit “B” (provided that during the initial Term the lump sum price will be prorated for nine months, and will be ___________________), the sum of all pass-through costs authorized in writing by City, and the sum of all hours worked, materials used, and supplemental costs incurred in performing all approved Supplemental Work Orders at the unit prices set forth in Exhibit “B”. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. The lump sum payments for the Project shall be invoiced and paid in equal monthly installments over the course of the Term. Compensation shall be paid to Contractor upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in Work performed compared to Work ordered shall be clearly communicated to City before charges are incurred and necessary changes shall be handled through Work Orders as described in Section II above. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. B. Maximum Payment Amount. The maximum amount that can be paid to Contractor for Work performed and reimbursement for costs incurred during any Term shall be $300,000.00. In order to increase this amount, the Parties must execute a written amendment to this Agreement. IV. PERFORMANCE REVIEW A. Performance Monitoring. City may inspect the timeliness and quality of Contractor’s Work at any time. If City notifies Contractor of any improperly-performed Work or late performance of Work, Contractor shall correct the deficiencies at no additional cost to the City. B. Performance Review Meetings; Probation. Representatives for City and Contractor shall meet every three months to review Work performance, at no additional cost to City. In the event of a serious or repetitive deficiency, the City may inform Contractor that it is on Probation status; while on such status, City and Contractor shall meet every month to review performance, at no additional cost to City. Contractor shall remain on Probation status until two successive months of acceptable performance have elapsed. C. Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer loss, inconvenience and additional administrative burden if the Work is not completed timely and properly. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed as required. If the City reasonably 4 determines that the Contractor’s performance deficiencies have continued during any month while on Probation status, the City shall so inform the Contractor at the next monthly meeting. As liquidated damages for nonperformance (but not as a penalty), the City shall be entitled to 10% of the Project’s invoiced bill for the month in question. If, at the end of the Term, the Contractor has spent fewer than three months of the Term on Probation status and is not then on Probation status, the City shall refund any liquidated damages amounts withheld to the Contractor. This liquidated damages provision shall not take the place of any of City’s other contractual rights, including the right to terminate this Agreement for cause. D. Replacement of Unsatisfactory Workers. Contractor shall promptly remove and permanently replace any employee or subcontractor declared by the City to be unsuitable to provide Work under this Agreement, including for reasons of chronic tardiness or absenteeism, improper job attire, unprofessional attitude or behavior, or demonstrated inability or unwillingness to properly perform Work. The City shall have absolute discretion in making this determination, provided it does not act in bad faith. Contractor’s failure to comply with this provision will constitute a material breach of this Agreement. V. COVENANTS OF CONTRACTOR A. Expertise of Contractor; Licenses, Certification and Permits. Contractor accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor, including as a result of not meeting the applicable standard of care or quality, will be provided by Contractor at no additional cost to City. B. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s profession and industry, Contractor will give written notice immediately to City. C. City’s Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City 5 bears no responsibility for Contractor’s Work performed under this Agreement. Contractor acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be performed under this Agreement. D. Contractor’s Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor’s Representative. _____________________ [INSERT NAME] shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Contractor shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “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 and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This indemnity 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 Contractor, its subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of 6 damages, compensation or benefits payable by or for Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Contractor or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of Contractors, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Contractor agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: 7 (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant’s errors, omissions, or negligent acts. [Required if any professional services will be provided.] (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Contractor must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $2,000,000 (two million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: 8 (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, Contractors, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor for City. (vii) Incorporation of Indemnification Obligations. Policies shall 9 include an endorsement incorporating the indemnification obligations assumed by Contractor under the terms of this Agreement, including but not limited to Section V(G) of this Agreement. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days’ prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) If higher limits are maintained by Contractor than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Contractor. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient 10 evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Contractor’s Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. (8) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (9) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (10) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (11) Progress Payments: The making of progress payments to Contractor shall not be construed as relieving Contractor or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Reserved K. Non-Collusion Affidavit. Contractor’s officers, partners and employees responsible for bidding for the Work (as may be required to comply with O.C.G.A § 32-4-122 and § 36-91-21(e)) shall complete and return to City the Non-Collusion Affidavit attached hereto as “Exhibit H.” L. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E- 11 Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have 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; or (2) Contractor provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor’s state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City, or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above, or provided City with the appropriate state issued identification as noted in sub-subsection (3) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized 12 aliens on City contracts. By entering into a contract with City, Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Contractor shall be liable for all damages and delays occasioned by City thereby. Contractor agrees that the employee-number category designated below is applicable to Contractor. [DESIGNATE/MARK APPROPRIATE CATEGORY] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Contractor in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety 13 of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Contractor shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City or City’s representative(s) for examination all Records. Contractor will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Contractor shall permit City or City’s representative(s) to observe and inspect any or all of Contractor’s facilities and activities during normal hours of business for the purpose of evaluating Contractor’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. N. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify City. If City determines that a conflict of interest exists, City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Contractor and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-Contractor under a contract to the prime Contractor or higher tier sub- Contractor, or any person associated therewith, as an inducement for the award of a subcontract or 14 order. O. Confidentiality. Contractor acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, Contractors, and/or staff to likewise protect such confidential information. Contractor agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. P. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Contractor recognizes that the composition of this team was instrumental in City’s decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. Q. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. R. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Contractor (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Contractor may retain a copy of any deliverables for its records. Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Contractor agrees to 15 execute any additional documents that may be necessary to evidence such assignment. S. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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, Contractor agrees that, during performance of this Agreement, Contractor, 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, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. VI. COVENANTS OF CITY A. Right of Entry. City shall provide right of entry for Contractor and Contractor’s materials and equipment required to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. Jim Cregge shall be authorized to act on City’s behalf with respect to Sport Field and Park and Field Work as City’s designated representative. Bob Buscemi shall be authorized to act on City’s behalf with respect to Facilities Landscaping Work as City’s designated representative. Delivery of official notice to the City must comply with the notice provisions of Section VIII.F. VII. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Contractor within thirty (30) calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Contractor at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Contractor fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Contractor for the costs of curing the default against any sums due or which become due to Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. 16 C. Payment Upon Termination. Upon termination, City shall provide for payment to Contractor for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Project, as determined at the time of termination, not otherwise covered by the remaining unpaid price for the Project. D. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VII(A) above. E. Requirements Upon Termination. Upon termination, Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Contractor in performing this Agreement, whether completed or in process, in the form specified by City. F. Reservation of Rights and Remedies. The rights and remedies of City and Contractor provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VIII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only in a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. 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. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. 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, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. 17 D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. 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 if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work, and Work Orders, shall be exchanged between City’s Representative (named above) for City and Contractor’s Representative (named above) for Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual deliver y 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 CITY shall be sent to: City Manager City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: ___________________________ ___________________________ ___________________________ ___________________________ G. Waiver of Agreement. No failure by City to enforce any right or power granted 18 under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Contractor 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. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of services under this Agreement shall not subject Contractor’s individual employees, officers, or directors to any personal contractual liability, except where Contractor is a sole proprietor. The Parties agree that, except where Contractor is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Contractor or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Contractor represents that it has reviewed and become familiar with this Agreement. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. 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 interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their 19 singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Contractor 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: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONTRACTOR; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Contractor’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 20 CONTRACTOR: Tri Scapes, Inc. Signature: ___________________________________ Print Name: _____________________________ Title: President/Vice President (Corporation) [CORPORATE SEAL] Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ (Assistant) Corporate Secretary CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CIT Y SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney EXHIBIT “A” EXHIBIT “B” EXHIBIT “C” See Exhibit “A” Scope of Services for Contract B: Facility Landscaping; Contract C: Sport Field Maintenance and Contract D: Park and Field Maintenance. The General Conditions are applicable to all Contracts. EXHIBIT “D” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization Tri Scapes, Inc. Name of Contractor Sports Field Maintenance, Park and Field Maintenance, and Facilities Landscaping Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ 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 ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ______________________________ EXHIBIT “E” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Tri Scapes, Inc. on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period , and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Sports Field Maintenance, Park and Field Maintenance, and Facilities Landscaping Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ 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 ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ______________________________ EXHIBIT “F” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: [INSERT KEY PERSONNEL BELOW] Individual Position _____________, Project Manager EXHIBIT “G” NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER/BIDDER STATE OF _________________ COUNTY OF _______________ ________________________________________, being first duly sworn, deposes and says that: (1) He/she is ___________________________(Owner, Partner, Officer, Representative, or Agent) of ________________________ (the “Bidder”) that has submitted the attached bid/proposal (the “Bid”); (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham bid/proposal; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder/proposer, firm or person to submit a collusive or sham bid/proposer in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding/proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder/proposer, firm or person to fix the price or prices in the attached Bid or of any other bidder/proposer, or to fix any overhead, profit or cost element of the price of any other bidder/proposer or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (6) Bidder has not directly or indirectly violated O.C.G.A. § 36-91-21(d). _______________________________________ 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 _________, 20___. _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ HOME OF' HE BEST QUALITY OF LIFE IN GEORGIA' M I LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: ember 14, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Service Agreement between the City of Milton and Atlanta Gas Light to Provide Gas Service to the New City Hall. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( IVIES () NO CITY ATTORNEY REVIEW REQUIRED: (XES () NO APPROVAL BY CITY ATTORNEY: (yAPPROVED PLACED ON AGENDA FOR:14I/q/toy,, REMARKS: (( NOT APPROVED © i Tout PHONE: 678.242.25001 FAX: 678.242.2499 me t:Green a *'* �urE Communi °Try" ' 13000 horfield ga.uslwSuite 1 7 1 Milton G � # 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 . e To: Honorable Mayor and City Council Members From: Carter Lucas, Assistant City Manager Date: Submitted on December 15, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Atlanta Gas Light Company for the Provision of Gas for the New City Hall Facility ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This is a standard agreement to provide gas service to the new city hall facility. Funding and Fiscal Impact: Funding is available through the City Hall construction account. Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP (December 13, 2016) Attachment(s): Service Agreement NON-RESIDENTIAL GAS EXTENSION CONTRACT Schedule A A Estimated Cost To Serve $9,676.85 B Estimated Annual Revenue $246.73 C Contribution Required by Applicant $10,808.24 D USF Amount E Total Required by Applicant $10,808.24 F Contribution Amount Eligible for Refund $8,591.60 G Customer Gas Equipment UseCode Gas Equipment Cubic Feet/Hour COT OTHER - GAS LIGHTS-12 37 (1) Company will install gas facilities to serve Applicant in accordance with Rule 8 of Company's Rules and Regulations attached hereto, and made apart hereof. The Company will install gas facilities, substantially as configured in Attachment A, including 1 gas meter(s) to serve the total equipment load indicated in Schedule A at a delivery pressure of 7" WC;. Any changes to these facilities or their configuration required by the Applicant will be provided by the Company and paid for by the Applicant at the Company's current material and labor rates. (2) Applicant will install and commence using in a bona fide manner within six months after the date of the completion of the extension, and continue to so use for a period of 0 years those appliances and equipment indicated by Schedule A hereof, on which the Company has relied in computing the Estimated Annual Revenues and the allowable investment, as defined in Rule 8 B (1), for facilities allowed free to the Applicant and the advance, if any, to be paid by Applicant to Company. (3) Within one year after service is commenced to a Customer, the Company will determine if the Estimated Annual Revenues in accordance with Schedule A has been met. (4) If Based upon this determination, there is a lesser Allowable Investment than that originally granted, and a payment is required in addition to the prior payment by the applicant, if any, such additional payment shall be paid by the Applicant. The total payment(s), if any, by the Applicant shall not exceed the Estimated Cost to Serve indicated in Schedule A unless changes in facilities are required by the Applicant. (5) Refunds of any payments, contributions or advances hereunder shall be made in accordance with Rule 8 B (5) (c). Refunds will be made if excess allowable investment applied to the refund is above that which is necessary to cover the cost of equipment and facilities of the additional customers. No refund will be made by the Company in excess of the amount advanced by the Customer or Customers nor after the lesser period of five (5) years or the period contracted for in (2). No refund will be given if a new main extension is required to serve these new customers. (6) No assignment of this Agreement by applicant shall be effective unless prior written approval shall have been granted by Company. (7) Two or more parties may make a joint advance on the same facilities extension. In such cases the total free length thereof will be considered to be the sum of the individual allowances that are applicable under the Rules and Regulations of the Company. The amount to be advanced by the members of the group shall be apportioned among them in such manner as they shall mutually agree upon. (9) This Agreement is subject to all Rules and Regulations of the Company which are now or may hereafter be issued, approved, or otherwise made effective, by the Georgia Public Service Commission, or by any other governmental body having jurisdiction with respect to the Company. References herein to certain portions of such Rules and Regulation, as they now exist, shall not be construed as exclusive, and all other portions in effect from time to time shall apply as fully as though they had been specifically referred to herein. The Company may rescind this offer if either party fails to execute the contract within 45 days of the day and year above. (10) Applicant acknowledges that in executing this Agreement they have not relied upon any representation by the Company relating to the estimated completion date of the gas extension covered by this Agreement. (8) Legal and equitable title to all mains, service lines and appurtenances installed under this Agreement shall be and remain in the Company, and the Company shall have the right, without the consent of, or any refund to, the Customer, (a) to extend the gas main or connect additional gas mains to any part of it, and (b) to serve new additional regular customers at any time through service connections attached to such main or to extended or connected gas mains. WHEREAS , facilities of Company are not now available; and Company is willing to make its facilities available to Applicant, subject to its Rules and Regulations as hereinafter referred to, NOW, THEREFORE, in consideration of the premise and the mutual benefits to be derived therefrom, the parties hereto bind themselves, their personal representatives, successors and assigns, as follows: WHEREAS , Applicant owns , or occupies as lessee , certain property in Land Lot No. of the District of FULTON County,GEORGIA , being No. 12780 LECOMA TRCE , in the City of MILTON; and has made application for gas to be supplied by Company to above property; and THIS AGREEMENT, entered into by and between Atlanta Gas Light Company,hereinafter called Company, and CITY OF MILTON hereinafter called Applicant,witnesseth: TITLE DATE MARKETER WITNESS BY ATLANTA GAS LIGHT COMPANY APPLICANT PRINT NAME BY TITLE DATE WITNESS CITY OF MILTON IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals MILTON, GA 30004 LOCATION BCA ID MAILING ADDRESS 150893 169152 12780 LECOMA TRCE, MILTON, GA 30004 12780 LECOMA TRCE APPLICANT CITY OF MILTON AFE NO STATE OF GEORGIA COUNTY OF FULTON DATE: 12/01/2016 #815.07 #815.056 ATLANTA GAS LIGHT COMPANY NON-RESIDENTIAL MAIN AND SERVICE EXTENSION RULE 8 Service Lines and distribution mains necessary to furnish permanent service to Applicants for Non-residential Service within established service areas of the Company will be constructed by the Company in accordance with the following provisions: A:General The Company will construct, own, operate and maintain gas distribution mains generally along public streets, roads and highways that the Company has the legal right to occupy and, at the Company's election, on public lands and private property across which rights-of-way satisfactory to the Company may be obtained without cost to the Company. The Company will construct, own, operate and maintain a Service line of suitable capacity from its distribution main to the Premise of the Applicant. All such main and service facilities will be provided pursuant to the following provisions. B:1. Calculation of Allowable Investment (a) The allowable investment in metering and regulating equipment, main and Service Line to be made by the Company without contribution or payment by the Applicant shall not exceed the Estimated Annual Revenues from the extension divided by the Levelized Annual Carrying Charge Rate applicable to the investment. (b) The Levelized Annual Carrying Charge Rate shall be calculated by using the weighted average cost of capital as determined by the Commission in the Company's last rate proceeding adjusted for taxes and depreciation required to recover the Company's investment over the economic life of such investment as determined, from time to time, by the Company. These costs will be discounted at the Company's after-tax rate of return, (c) The required investment in Company facilities shall be based upon engineering cost estimates. (d) The economic life factor used in computing the levelized annual carrying charge rate hereunder shall not be more than 15 years for Firm service. For Interruptible Service the economic life factor shall not be more than five years. The Company reserves the right to adjust the economic life factors to recognize any conditions that would make the use of a typical economic life factor imprudent. The economic life shall not be greater than the term of the contract for such service. (e) Estimated Annual Revenues shall be based upon the contractual commitment of the Customer at the approved rates of the Company in effect when construction of the extension begins. 2. Order of Application (a) The allowable investment shall be applied in the following order to the equipment and facilities required in the extension: metering and regulating equipment; Service Line; and main. (b) In the event that the allowable investment is not sufficient to cover the cost of the equipment and facilities required in the extension, the Applicant will be required to pay the excess costs, determined in accordance with the provision of subparagraph (B1) above. 3. Limitations No allowable investment will be made for auxiliary of incidental uses of Gas. The Company shall not be required to provide any connection to the Company's system where such connection may have an adverse impact on existing Customers. 4. Length and Location (a) The length of main required for a main extension or the length of Service Line will be considered as the distance along the shortest practical route, as determined by the Company, from the Company's nearest distribution main, capable in the opinion of the Company of properly supplying the Applicant. Irrespective of the total allowable investment, the Company shall not be required to extend a main or Service Line a greater distance than necessary in the judgment of the Company to serve an Applicant. (b) The Service Line shall be of the size and type required to supply the principal requirements of the Premise served, and shall extend from the Company's main to the first reasonable acceptable meter location as determined by the Company. (c) Company reserves the right to designate the locations and specifications for the main taps, service lines, curb cocks, meters and regulators and to determine the amount of space that must be left unobstructed for the installation and maintenance thereof. Applicant may request an alteration of such designation and, if consented to by the Company, the cost of such revised designation in excess of the cost of the original Company design shall be borne by the Applicant regardless of whether the length of service line laid as requested by Applicant comes within the allowable investment provided in this Rule. Further, the Company may require Applicant to provide both power and phone lines to the location of such metering facilities. 5. Extensions Beyond the Free Length (a) Payment Provisions Extensions of mains or Service Lines beyond The allowable investment will be made by the Company provided that the Applicant pays to the Company the excess cost of such main or service lines. (b) Adjustment of Allowable Investment and Payments (i) Within one year after service is commenced to a Customer, the Company will determine if the Estimated Annual Revenues determined in accordance with Section B (1) (e) above have been achieved. (ii) If, based upon the above determination, there is a lesser allowable investment than that originally granted, and a payment is required in addition to the prior payment by the Applicant, if any, such additional shall be paid by the Applicant. (c) Refunds of Payments (i) Refunds of payments will be made for gas equipment installed by any additional customer connecting to the extension requiring a payment provided such excess allowable investment applied to the refund is above that which is necessary to cover the cost of the equipment and facilities of the additional customer. (ii) The Service Line for each additional customer shall be directly connected to the main extension and no further extension of main is required. (iii) The amount of such refund to the party or parties who made the initial advance shall not exceed the excess allowable investment generated. (iv) When two or more parties make a joint advance on the same extension, any amounts refunded will be distributed to the parties in the same proportion as the original contribution. (v) No refund will be made by the Company in excess of the amount advanced by the Customer or Customers nor after the lesser period of (5) years or the period contracted for from the date the Company is first ready to render service from the extension. Any unrefunded amount at the end of the period will become the property of the Company. (vi) Any additional main to be connected in any manner to main already laid or to a main provided for under an existing agreement for main extension, as provided for in the rule, shall be considered a new main extension, and no refund or repayment of any kind with respect to such new main or any Customer to be served from or through such new main shall be made to any customer who made an advance for the installation of the main already laid or for the main provided for under such existing agreement. No refunds will be made for funds advanced through the universal Service Fund. (d) One Service Line for a Single Premise The Company will not install more than one Service Line to supply the Premise of an individual Customer unless for the convenience of the Company or an Applicant requests an additional Service Line and, in the judgment of the Company, an unreasonable burden would be placed on the Applicant if the additional Service Line were not installed. When an additional Service Line is installed under these conditions at the Applicant's request, the Applicant shall pay for the entire length of said additional Service Line, meter and regulating equipment at the costs provided in subparagraph B (l) (c) above. (e) Relocation of Service (i) When in the judgment of the Company the relocation of a service line, including metering and regulating facilities, is necessary to maintain adequate service or for the operating convenience of the Company, the Company shall relocate the same at its expense. (ii) If relocation of a Service Line, including metering and regulating facilities, is for the convenience of the Applicant or the Customer, such relocation shall be performed by the Company at the expense of the Applicant or the Customer. C. Special Conditions (1) Contracts The Applicant will be required to execute a contract covering the terms under which the Company will install mains, services, metering and regulating equipment in accordance with the provisions of these Rules and Regulations. The contract will provide that Applicant will install, commence using in a bona fide manner within six months after the date of the completion of the extension and continue to so use for the period contracted for, those appliances and equipment on which the Company's allowable investment is based. Such contract will also provide that if the Applicant fails to take service or fails to install and use the appliances and equipment described in the contract, the Company may calculate and bill the Applicant and the Applicant shall pay an amount according to the Company's non-residential main and service extension rules in effect at the time the extension was made as if service had been requested on the basis of the actual equipment installed and utilized. (2) Periodic Review The Company will as soon as practicable after the close of each of its fiscal years review its costs of construction of mains, services and metering and regulating equipment, and file with the Commission the unit charges for such facilities. (3) Extension for Temporary Service Extension for temporary service or for operations that in Company's opinion are of a questionable permanence will not be made under this Rule, but will be made in accordance with the rule pertaining to temporary service. (4) Service From High Pressure Mains Service shall be provided from a normal distribution facility of the Company. Company reserves the right, at its sole option, to refuse to extend facilities from any of its lines operating at pressures in excess of 100 US PS1G. (5) Title to Facilities Legal and equitable title to all mains installed by the Company upon which an advance, contribution, or other payment has been made shall be and remain in the Company, and the Company shall have the right without the consent of, or any refund to, any party who made such advance, contribution or other payment: a. To extend the gas main or connect additional gas mains to any part of it. b. To serve new additional Customers at any time through service connections attached to such main or to extended or connected gas mains. (6) Exceptional Cases In unusual circumstances when the application of this Rule appears impractical or unjust to either patty, the Company or the Applicant may refer the matter to the Commission for special ruling thereon prior to commencing construction. H BRYAN BATSON I. BLANKET SECONDARY PERMITTEE INFORMATION NOTICE OF INTENT VERSION 2008 State of Georgia Department of Natural Resources Environmental Protection Division For Coverage Under the 2008 Re-Issuanceof the NPDES General Permits No. GAR100003 To Discharge Storm Water Associated With Construction Activity for Common Developments BLANKET SECONDARY PERMITTEE For Official Use Only II. CONSTRUCTION SITE ACTIVITY INFORMATION III. CERTIFICATIONS (Blanket Secondary Permittee) I certify that I will adhere to the Primary Permitees's Erosion, Sedimentation and Pollutant Control Plan (Plan) or the portion of the Plan applicable to my construction activities. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that certified personnel properly gather and evaluate the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibilty of fine and improsonment for knowing violations. Date: Title:Blanket Secondary Permittee's Printed Name: 02-01-2013 State:Zip Code:City: Zip Code:City:State: Phone: Phone: Phone: Facility Construction Site Contact: Address: Utility Sub-Contractor's Name (Optional): Address: Blanket Secondary Permittee's Name:Atlanta Gas Light Company 10 Peachtree Place Atlanta GA 30309 800-599-3770 800-599-3770Brian leavell NA NA NA NA NA NA X ResidentialMunicipalIndustrialCommercial President X NOTICE OF INTENT (Check only one) : Annual Notification (Submitted on or before January 15 of the year in which coverage is desired) Construction Activity Type: X Re-Issuance Notification(Submitted within 60 days of effective date of General NPDES Permit No. GAR 100003) Change of Information Signature: X X 1 ADDENDUM TO NON-RESIDENTIAL GAS EXTENSION CONTRACT THIS ADDENDUM TO NON-RESIDENTIAL GAS EXTENSION CONTRACT (“Addendum”) modifies the Non-Residential Gas Extension Contract (the “Agreement”) to which this Addendum is attached by adding the follow provisions to said Agreement: 1. Company hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, a copy of which is attached hereto as Exhibit “A”, and submitted such affidavit to Applicant. Further, Company hereby agrees to comply with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Company employs or contracts with any subcontractor(s) in connection with the Agreement, Company agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “B”, which subcontractor affidavit shall become part of the Company/subcontractor agreement. If a subcontractor affidavit is obtained, Company agrees to provide a completed copy to Applicant upon Applicant’s request. Company agrees that the employee-number category designated below is applicable to Company. ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Company hereby agrees that, in the event Company 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, Company will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. 2. Company and Applicant acknowledge that it is prohibited for any person to offer, give, or agree to give any City of Milton employee or official, or for any City of Milton employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Company and Applicant further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-contractor under a contract to the prime contractor or higher tier sub-contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. 3. Company agrees that, during performance of this Agreement, Company, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or an y supplier because of race, color, sex, or national origin. 2 This Addendum is agreed to by: ATLANTA GAS LIGHT COMPANY By: __________________________________ Print Name: ___________________________ Title: ________________________________ CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney Exhibit “A” Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) 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 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: r 5. 'I3 /- 3 "0u7 - Federal Work Authorization User Identification Number Date of Authorization Name of Contractor: Atlanta Gas Light 7 Name of Project:I g 3 7 r oAJ Name of Public Employer: City of Milton I hereby declare under penalty of perjury that the forgoing is true and correct. Executed on ✓f^' "� ,�, 201 in WIf `''"E (city), (state) (A -I Signature of Authorized Office or Agent L�•r✓rA J d EL4Ut a),tirr.*- 6J?,1•euroec[ 0-R+AL. Ar.J4 Printed name and Title of Authorized Officer or Agent SUBSCRIBED AND�WpRN BEFO E ME ON THIS THE., DAY OF110WA 2011 NOTARYPUBL14t My Commission Expir : CONNIE J YAMBERT Official Seel Notary Public • 6tale of Illlnoll My COMMIalloh Expires Sop 6.2020 EXHIBIT “B” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Atlanta Gas Light Company on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Milton City Hall Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ 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 ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ______________________________ HOME OP'THE BEST QUALITY OF LIFE � E IN GEORGIA MILT ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 15, 2016 FROM: Steven Krokoff, City Manager 9) AGENDA ITEM: Approval of the Execution of a Memorandum of Understanding between the Milton Police Department and the Georgia Department of Labor for Unemployment Insurance Information and Employment Histories MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: p.7 APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (d,'YES () NO CITY ATTORNEY REVIEW REQUIRED:'' (.j� ES () NO APPROVAL BY CITY ATTORNEY: (ynPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 12Iiefbw XTAF :^4 © * Your � PHONE: 678.242.25001 FAX: 678.242.2499 Green '*`' infofcilyofmillonga.us I w .cltyoir "Ela.us i Community 1 cm4 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �T To: Honorable Mayor and City Council Members From: Captain John A. Huey III, Criminal Investigations, Milton Police Department Date: Submitted on December 15, 2016 for the December 19, 2016 Regular Council Meeting Agenda Item: Approval for the execution of a Memorandum of Understanding between the Milton Police Department and the Georgia Department of Labor for unemployment insurance information and employment histories City Manager’s Office Recommendation: Consent to the execution of a Memorandum of Understanding (MOU) between the Georgia Department of Labor (DOL) and the Milton Police Department for unemployment insurance information and other related data from the DOL Background: In some cases, access to a suspect’s employment history may contain essential information that is necessary for a successful conclusion to a criminal investigation or for locating a suspect after a warrant has been issued. The Georgia Department of Labor can furnish this information Discussion The Milton Police Department is required to enter into this MOU with the Georgia Department of Labor so that the DOL will furnish employment information and other related data to the investigating officer on an “as needed” basis. This information could be used to tie suspects to crimes and could be helpful in locating suspects that were subjects named in arrest warrants. . Funding and Fiscal Impact: 1. A minimum fee of $20.00 shall be charged for copies of records which can be accessed and produced by department staff from readily retrievable computer records and equipment; 2. A fee of $20.00 plus $25.00 per hour for the time required to identify, locate, redact, collate, and otherwise prepare such records for copying for disclosure, with a minimum charge of $45.00 for the first hour, shall be charged for any records which cannot be accessed and produced by department staff solely from readily retrievable computer records and equipment; 3. The amount of $.25 per page shall be charged for each page copy supplied, regardless of the format (paper copy, electronic copy) in which such copies are provided; and 4. Fees in accordance with subparagraphs 1, 2, and 3 of this subparagraph shall be charged for each records request made and charges must be paid in advance. To receive record copies by facsimile, law enforcement agencies may make a payment in advance of $250.00 to the DOL from which actual charges will be deducted. These funds would be taken out of the Milton Police Department’s Criminal Investigation Division approved operating budget. Alternatives: The alternative would be that CID detective would not have access to this information. Concurrent Review: Steven Krokoff, City Manager / Interim Police Chief Ken Jarrard, Jarrard and Davis (reviewed December 13, 2016) L2/ E2/ 2FtIE Eg: 47 948 42323445 GDOL PAGE A4/EE UF{ E[,]nLoyMENT It,,slr RAI,{cE INTEC RITy pRoG R,l. M I4E AnrJrew Young Inrcrnational Blvd., I{,8,, Suite 727 A,tlanta, Gcorgia 30S03 ]VI^RK BUTI,ER COMMI$$IONTR Menrorandum o f Understonding Between Georgia Department of Labor And . 1t.., n ?-ii "e t a"{rpre.t-< Name of Requesting Ag.n.y WHEREAS, thc rlEP/\RTMENT sdrninisters Cieorgia's limployment security l-nw antl relatect programs and: WHEREAS, ocGn Seclions 34'8'120 through 129 et seq., prohibit disclosure ol' uncmployrnent Insuranr.ewage and benefit int'ormatiolr excep( as aurhor#ed hy law anj; WHEREAS, the REQUESTING AGENCY meeLs the requiremcnr$ of ocGA 3{-8.120 thr0uHh 129 cr seq.,*'s a public law enforcement ofTicial and in thc perforflranca ol t5sjr official public duries has an oi,l,icial need fbrunemploymcnt Insurance information ancj uther r*ratcd data tiom thc oeorgia Dcpartment of Lniror. NOW, THEREFORL]O IT IS MI,]TUALLY A$RETJIT AS }-OLLOWS: Tht ITUQUESTING ACEFICY',vilJ provide a starementin writirrg 0n rhcir lcrrcrhead sta(ins rhc otl'jcialpurp{rsn,fbr rhe inquiry';rnclPlgyjoe a icrmpletcd UnemploymenL lrfirlancc Inrcgritv Disclr.r.sirrc Requesr form asrcquired by thc DEPAR'I'MEN1'. 1'hc RI{QUESTINfi AGENCY agrees to prutecl thc private anrj oonfidcnrial narure o['tlrc inl'orrnatinn ngainstflny unauthorizecl access;and to irrsurc rhc informatirin is used onty to the extent necessary ro cary 0utthcofficial purpose(s) 0f the request as specilied in this Memornndum of Understanding (Mou), ancl used incriminal i nvestigatiolr$ rrnly, The REQUE*qTING {GIIqY aHte€s nc:t to disciose arry intbrmarinn providetl ro the RBeUESTIN6AGENCY by the DHI'ARTMENi ro any other person uifu, ony oLher purpose, 'l'he REqUESTING '{GENCY agrocs to rsler alt inquirics regarcljrg_ihe inl'ormatiorr provided ro the Geurgia Dcparrment r:rl Labor,UnempJr:yment lnsup:nce Integrity program,l{g Andrew younBlnternational Blvd., N,E., Suite gstta, AIlanra,CA 30303, Tel: (404) Zi2-34S4,Faxl (40a) Zi,Z-34q5. Png.c I o( 2 1-2/82/ZAJ,E E9:47 94042323445 N*rne; Signuturer Addressl tZ-i{ *Zc:tV GDDL PAGE E5/85 Thc REQUESTING AGENCY acknowlcdgc,s ly-tgrj"s ro p+rmif rhe DEPARTMENT ro make onsjte audirinspcct'ion 0f records frorn cases l. *r',l"r, iltrnnrninuiH;il, been providJ. ,s;"; inspocrions may rakcplacc with or without noticc trt uny il;;;ing normal husiness hours whcrcver the reco*is are deuvered, ilHfi[lXii de'srrove<'l' rhe inspectlon *r,"1 u* rimirei ;;i;t#;;,es in which tr,* urranrMuNr has The REQUESTING AGIII\CY ry[ryrw-leclsgs-and agree.s that informariorr obrrrinccl flrom rhc DEPARTMENTmay.contain inaccurscie$ snd the DEPARTT'IENT ir";;;;;;prrri[t- or ]iablu lor any error$ conrainod in such The DEPARTMENT ,gr0es to mako every effort to cornply promprly to cach propcrly c*ftplsteduncmployrnenr Insursnci Inregrity Discrtisure Rcquesr roini, ai wJiuuua perrnits, "l'he IIEQUESTING AGENCY sgree.s and unclcrsrands rhat this Mou may be rerminatett arany rlme tirlI-aiture to ccrmpiy with the requirerfrents orirrls uou. aotiii"rrrif, ruirur. ro compry wirh tric requirerucnrs or:this MOU may resutt in a rrqucst hcing tlctayed or denied. z\ll w<>rk under lhis Mouthall tregin ort or aftcrthe lasr dnrc olsif;inar,urc by both partien ro rhisAGREEMENT and the Mou shafl remain in effect lor two your*iro, thc lasr rtate of signature. IN wmNESS HEREOF, the DEPARTMENT and thc REQUEsrlt{G AGENCY agrrje ro rhe rerm.r andcotttlitions of this MEM0RANDUM oF UI\{DERSTANDINC as scr forrh above. BYr Rcquesting Agency Aulhorired Offlciat: *J ),\,.ghq* ilar Terephone; (,?! : Z4Z;?Sacs ..-F.ax: Contactffi;: ri,tu,M^*( Jlt.,cu4'7q{-'an13 Telephone: F*xt (r"t t ^ &a * -* Z-f 4 y Email Arldress ra[ia' h ucy Ocrf, o! r,^, l+ o^ ({4 . c,5rJ Accepted By: Authorlzed l)epurtment Official: Namel Titlel Rev. I0105/201.I Dute : Fage 2 of2 L2/82/281.8 Et:47 g4g4ZiZJ44i GDDL PAGE E2/EE Gr,oncn DnPaRTMEI{T oF LABoR 14 8 ANDRTISI/ YOUNG INTERNATIO NAL ELVD,, NE' ATLANTIT' GEOKCIA 30303-1751 M,qni( Btm.utt CL}MMISSIONF:R, liffcctive: SePternbcr I 6, 2013 I.he lbllo,"virrg Rules of the Georgia Depallrnen( of Labor regardirrg the disclosure of records wer€ amended on irebruary 1,20).2: JA0-2-6-.AZ Supptying Infornutionfrom the Records of rfu Dqarlmcttt. Amendttl- 300-l-6-.03,4cce.r.r to Remrtlt by Puhlic O!,ficials, Amentud' Thesc amendments ldelrtifu fecs which trust bc paid in adr,{nee to ohtain copies of private and confidential records of the rlepartmenr, when such clisclosure is permissible, AII lEqucsts for such re-c_ords rnust be subnrittcd to the beorgja i)cpartment of Labor in writing" The fees are rcqriiled hy 20 CFIl 603 and nzu$t be ptid heJoru eopies qf rcmrds are delivered t0 ruq*ester 't'trq-fqltowi4Efegs will arn cotu g ing-Sept : . Min_rfrfg[Cbg]Aqq, Thcre is a miniurum fee of $20.00 por inquiry per pcrson or lrusiness entity' Up to l'our (+) sir**nr searcheclwill be included in the $20.00 feo, and a $3.00 chatge will be imposed fol ea+l: adriiriorralscreen searched. Irr additiorr. a charge of $0.25 Per page for each record eopy supplicd will hc charged. Charges nre payable in advance' r Acltlitiortqll{ourllfliAfgg$. 'Ihc fee(s) en a request for records whiclt are archivod will include a fee rt,$21100 pl* $rS OGer t oui fur t]re time required to search, idelrtify. locate, t'edact, collate, and otherwise prcpare rcoords for copying, per reguest, ptus copy cltargcs. "Ihis will result irt a mitti:nrrttl charge of ;$+S,OO for the firsr hotir of activity on suclr a rrquc.ct and an additional $25 00 per hour aftcr the first hour, plus coPY charges. r l.,aw enforcerncnt agencics shall havc E cun'Ent Mcnroranduln o1'Unclerstarrding witlr ihe depattment. . T0 receive recorcl copies by facsimilc, larv eltforcement agencies may lnake a payment irr advatice of $250 to the dcpartrnent, florn whicir actLral clrarges witl bc deducted, Itcquestcrs trttrst providc a 6orrcct fax number; otherwise, reconJ copies will be rntrilcd after payrtettt is rcceived' . Rcqussts l'ol records should bc scnt by nrail with the necessary Fllyment alnotlrlt to thc Georgir Dgparlr1rent oliLabor, UI Integrity Unit, Suite 72?, Atlanta, GA 30303-i?51, Phone:404'232'3440; Fax: 404-232-3445. AIt.{ees arc requircd lo he ptid in advance of tlelivery, 1.?/82/281,6 83:47 94842323445 GDI]L PAGE E3/A5 148 ANDRliw Yf)rJNfi Inrnnpatrr:ruA1. IlLvn. N.H, SUt"rH 72?* A l'r nn'rn, 0iloltr;irn 30303- 1751 MARK BU.TLER Com:nt-sstoNnH I AW ENF'ORCEMENT AGENCIIiS DISCLOSURI| OtI INI'ORMATIONL, POLICIES AND PRO CEDURE"q L Request {'or iirformation from irll law srrf'orccment agencics will be processed try the lJnemployment ln$urance (UI) Integrity \Jnit (Fax # 404\231-3445), ')., AIlstate, corrnty, city, and Iocal law cnfurccment agcflcies reque"$tinginfornrution nrugl cnter into a Memomndurn 0f Understanding (MOU) with thc Ceorgia Department of l.,*hor. 3, When reque$ting information, all law cntbrcement agencies are required t0 use the UI Integtily Disclosute Rcqucst form accompany by a cover lotter witlt their agency letter head. 4, AII required fields nrust be completcd on the Disclosure Request form, and only the specific data requested will be releilsed. 5, If the information requested is i'or U) fraud or a crimc against the Gtrorgia Departrtcnt of Labor, a Oeorgia Dcpartment of Lahr:r invcstigator wili contact the Iaw enforcement agency, 6, Request from state, couflty, cit,y, aird Iocal law cnforccmcnt *gencies outside of Oeorgia will rrot bc honored. 7. An M()U is not rcquired for fcderal law enforceme nt agcncies; howcver, they must complete the Ul lntegrity Disclosu:e Request f'orm accompany by a covor letter rvith thcir agcncy lcttcrheacl. 8. Any subpoenas $houlrl be suhmitted 1o uur UI Legal Section (404\232"3313). 9. Based on Federal Employment Secrrrity rule$ and regillatiorrs, t.II inregrity can only release inlonnation from the Statc of Georgia. 10. Unemployment Insurance Integrity Unit will only respond to request pertaining to criminal irrvestigations by law en:forcement agencies in the State of Georgia. trIFtIr\RT'tur fi l+JT' (I F l.irf,I()E, HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' M I LTONV ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 9, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Amendments to Chapter 20, Soil Erosion, Sedimentation and Pollution Control, Article VI, Soil Erosion within the City of Milton Code of Ordinances. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: N-;�PPROVED (/ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.r''ES ()NO CITY ATTORNEY REVIEW REQUIRED: (.AGES () NO APPROVAL BY CITY ATTORNEY: 4.,P4PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 72I14)9N6 REMARKS: y YFFGM PHONE: 678.242.25001 FAX: 678.242.2499 iMorB+eltyofmllbngo.uslwww,cMyofmiXonge,us Sun Community { � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - =E•*„�.o..a... - +,o To: Honorable Mayor and City Council Members From: Carter Lucas, Assistant City Manager Date: Submitted on December 13, 2016 for the January 9, 2017 Regular Council Meeting (First Reading on November 21, 2016 and December 19, 2016) Agenda Item: Consideration of Amendments to Chapter 20, Soil Erosion, Sedimentation and Pollution Control, Article VI, Soil Erosion within the City of Milton Code of Ordinances ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: As per the Georgia Erosion and Sedimentation Act (O.C.G.A. 12-7-8(a)(2)), Local Issuing Authorities must amend their ordinances within 12 months of any amendment of the Act. Therefore, the deadline for Local Issuing Authorities to amend their local erosion and sedimentation ordinances to reflect the 2015 and earlier amendments to the Georgia Erosion and Sedimentation Act is December 31, 2016. The attached updated ordinance will replace the existing ordinance in its entirety. Funding and Fiscal Impact: There will be no additional budgetary considerations in the adoption of this ordinance. Legal Review: Paul Frickey, City Attorney (November 16, 2016) Attachment(s): Revised Erosion and Sedimentation Ordinance STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO ADOPT THE SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL, ARTICLE VI, CHAPTER 20 SOIL EROSION ORDINANCE WITHIN THE CITY OF MILTON CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 9, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the soil erosion ordinance, Article VI, Chapter 20, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 9th day of January, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk Page 1 ARTICLE VI. - SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL[2] Footnotes: --- (2) --- Editor's note— Section 1 of Ord. No. 10-06-66, adopted June 21, 2010, repealed the former art. VI, §§ 20-490—20-493, 20-513—20-518, 20-538—20-546, 20-566—20-570, 20-590—20-594, 20-614—20-616, 20-636—20-637, and enacted a new art. VI as set out herein. The former art. VI pertained to similar subject matter and derived from Ord. No. 06-12-72, adopted Dec. 7, 2006; and Ord. No. 08-11-29, adopted Nov. 17, 2008. DIVISION 1. - GENERALLY Sec. 20-490. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 100-year floodplain means land in the floodplain subject to a one percent or greater statistical occurrence probability of flooding in any given year. Best management practices (BMPs) means sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the commission as of January 1 of the year in which the land-disturbing activity was permitted. Board means the Georgia Board of Natural Resources. Buffer means the area of land immediately adjacent to the banks of state waters in its natural state of vegetation that facilitates the protection of water quality and aquatic habitat. Certified personnel means a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission. Commission means the Georgia Soil and Water Conservation Commission (GSWCC). Construction board of appeals means the board appointed by the city council that hears appeals of stop work orders. CPESC means certified professional in erosion and sediment control with current certification by certified professional in Erosion and Sediment Control Inc.EnviroCert, Inc., a corporation registered in North Carolina which is also referred to as CPESC or CPESC, Inc. which is also referred to as CPESC or CPESC, Inc. Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation (the depth below the original ground surface to the excavated surface also known as excavation). Department means the Georgia Department of Natural Resources (DNR). Design professional means a professional licensed by the State of Georgia in the field of: Engineering, architecture, landscape architecture, forestry, geology or land surveying; or a person that is a certified professional in erosion and sediment control (CPESC) with a current certification by certified professional in Erosion and Sediment ControlEnvirocCert Inc. Design Professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure. Page 2 Director means the director of the environmental protection division or his or her designee. Director DPW means the director of the department of public works or his or her designee. District means the Fulton County Soil and Water Conservation District. Division means the environmental protection division (EPD) of the department of natural resources. Drainage structure means a device composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes. Erosion means the process by which land surface is worn away by the action of wind, water, ice or gravity. Erosion, sedimentation and pollution control plan means a plan required by the Erosion and Sedimentation Act, O.C.G.A. ch. 12-7, that includes, as a minimum, protections at least as stringent as the state general permit, best management practices, and requirements in sections 20-567 and 20-568 of this article. Erosion and sedimentation control manual means a field manual produced by the Georgia Soil and Water Conservation Commission that illustrates vegetative and structural best management practices (BMPs), and their use for land-disturbing activities. Fill means a portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation. Final stabilization means all soil-disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: Planted trees, shrubs, perennial vin es; a crop of perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction. Finished grade means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design. Grading means altering the shape of ground surfaces. The term "grading" includes: (1) Stripping; (2) Cutting; (3) Filling; (4) Stockpiling; (5) Shaping or any combination thereof; and (6) The land in its cut or filled condition. Ground elevation means the original elevation of the ground surface prior to cutting or filling. Land-disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state; (1) The term "land-disturbing activity" includes, but is not limited to: a. Clearing, dredging or grading; and b. Excavating, transporting or the filling of land. Page 3 (2) The term "land-disturbing activity" does not include agricultural practices as described in subsection 20-493(5). Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purpose of this definition, the term "plan" means: (1) An announcement; (2) Piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or (3) Physical demarcation such as boundary signs, lot stakes, or survey marking, indicating that construction activities will occur on a specific plot. Local issuing authority means the governing authority of any county or municipality which is certified pursuant to O.C.G.A. § 12-7-8(a). Metropolitan River Protection Act (MRPA) means a state law referenced as O.C.G.A. § 12-5-440 et seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. Natural ground surface means the ground surface in its original state before any grading, excavation or filling. Nephelometric turbidity units (NTU) means numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present. NOI means a notice of intent form provided by EPD for coverage under the state general permit. NOT means a notice of termination form provided by EPD to terminate coverage unde r the state general permit. Notice to comply means enforcement action based on noncompliance through failure to either properly install or maintain BMPs, where sediments remain within the boundaries of the property. This enforcement action provides the violator five days to achieve compliance. Official notice means a posting of a notice to comply or stop work order on a property that is noncompliant or in violation. Operator means the party or parties that have: (1) Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (2) Day-to-day operational control of those activities that there are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or to comply with other permit conditions. Outfall means the location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water. Permit means the authorization necessary to conduct a land-disturbing activity under the provisions of this article. Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity. Phase or phased means sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site. Page 4 Project means the entire proposed development project, regardless of the size of the area of land to be disturbed. Properly designed means designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" (manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the la nd-disturbing activity was permitted and amendments to the manual as approved by the commission up until the date of NOI submittal. Reinspection fee means a fee assessed to the developer/owner/operator or responsible party for reinspecting the project if requested by the developer/owner/operator or responsible party prior to the end of the compliance period; provided that upon that reinspection the project remains out of compliance. Roadway drainage structure means a device such as a bridge, catch basin, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way (public or private) consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. Sediment means solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion. Sedimentation means the process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity. Soil and water conservation district approved plan means an erosion and sedimentation control plan approved in writing by the Fulton County Soil and Water Conservation District. Stabilization means the process of establishing an enduring soil cover by the installation of temporary or permanent structures or vegetation for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice, or gravity. State general permit means the National Pollution Discharge Elimination System (NPDES) general permit for stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, 33 USC 1251 et seq., and O.C.G.A. § 12-5-30(f). State waters means any and all rivers, streams, creeks, branches, lakes, ditches, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. Stop work order means enforcement action that ceases all work on-site or a portion of the site. Structural erosion and sedimentation control measures means practices for the stabilizing of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways, outlets, diversions, grade stabilization structures, sediment traps, and se diment barriers, and land grading. Such practices can be found in the publication "Manual for Erosion and Sediment Control in Georgia." Trout streams means all streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq., in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown, or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. Page 5 Vegetative erosion and sedimentation control measures means measures for the stabilization of erodible or sediment-producing areas by covering the soil with: (1) Permanent seeding, sprigging, or planting, producing long-term vegetative cover; (2) Temporary seeding, producing short-term vegetative cover; or (3) Sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia. Watercourse means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed, and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typicall y adapted for life in saturated soil conditions. The term "wetlands" includes: (1) Swamps; (2) Marshes; (3) Bogs; and (4) Similar areas. (Ord. No. 10-06-66, § 1, 6-21-2010) State Law reference— Similar provisions, O.C.G.A. § 12-7-3. Sec. 20-491. - Authority and title. This article is adopted pursuant to the authority and mandate of the Georgia Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended. Certification by EPD authorizes the city as a local issuing authority. As a local issuing authority, the city is certified to provide and maintain an erosion control program which includes, but is not limited to, development plan review, permitting and erosion control enforcement. This article will be known as "The Milton Soil Erosion, Sedimentation and Pollution Control Ordinance of 2006." (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-492. - Intent. It is the intent of this article to establish soil erosion, sedimentation and pollution control minimum requirements, standards, and enforcement procedures for land-disturbance activities in order to conserve and protect the environment, public health, and the general welfare of the city's citizens. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-493. - Exemptions. This article shall apply to any land-disturbing activity undertaken by any person on any land except for the following: (1) Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968." Page 6 (2) Granite quarrying and land clearing for such quarrying; (3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences and other related activities which result in minor soil erosion; (4) The construction of single-family residences when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this section; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A. § 12-7-6 and this subsection and division 3 of this article. For single -family residence construction covered by provisions of this subsection, ther e shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act (O.C.G.A. § 12 -5-20 et seq.). In any such buffer, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the following trout waters: a. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted; b. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the EPD director may grant variances to no less than 25 feet; c. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to smaller buffer shall be granted. The minimum requirements of of O.C.G.A. § 12-7-6(b), division 3 of this article and the buffer zones provided by this section shall be enforced by the issuing authority. (5) Agricultural operations, as defined in O.C.G.A. § 1-3-3, "definitions" include: a. The raising, harvesting, or storing of products of the field or orchard; b. Feeding, breeding, or managing livestock or poultry; c. Producing or storing feed for use in the production of livestock including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits; d. The production of poultry including, but not limited to, chickens, hens and turkeys; e. Producing plants, trees, fowl, or animals; f. The production of aquaculture, horticultural, dairy, livestock, poultry, eggs, and apiarian products; and farm buildings and farm ponds. (6) Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in subsections 20-568(a)(16) and (17), no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices; (7) Any project carried out under the technical supervision of the Natural Resource Conservation Service of the United States Department of Agriculture; (8) Any project involving disturbance of 5,000 square feet or less; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance equal to or greater than on e acre or within 200 feet of the bank of any state waters, and for purposes of this subsection, state waters exclude channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves 5,000 square feet or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or Page 7 drainageway, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing herein shall prevent the local issuing authority from regulating any such project which is not specifically exempted by subsections (1) through (7), (9), or (10) of this section; (9) Construction or maintenance projects, or both, undertaken or financed, in whole or in part, or both, by the department of transportation, the Georgia Highway Authority, or the state road and tollway authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the department of transportation or state road and tollway authority which d isturb one or more contiguous acres of land shall be subject to the provisions of O.C.G.A. § 12 -7-7.1; except where the department of transportation, the Georgia Highway Authority, or the state road and tollway authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the City of Milton. The City of Milton shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6, and division 3 of this article as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; (10) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power, except where an electric membership corporation or municipal electric system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the city shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 and division 3 of this article as if a permit had been issued and violations shall be subject to the same penalties as violations by permit holders; and (11) Any public water system reservoir. (Ord. No. 10-06-66, § 1, 6-21-2010) State Constitution reference— Exemptions, O.C.G.A. § 12-7-17. Secs. 20-494—20-512. - Reserved. DIVISION 2. - INSPECTION AND ENFORCEMENT Subdivision I. - In General Sec. 20-513. - Authority. (a) Community development director. The community development director or designee will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the approved plan, permit and this article and to determine if the measures required in the plan are effective in controlling soil erosion and sedimentation. Page 8 (b) Primary, secondary and tertiary permittees regulated. The city shall regulate both primary, secondary and tertiary permittees as such terms are defined in the state general permit. (1) Primary permittees shall be responsible for the installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. (2) Secondary permittees shall be responsible for the installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. (3) Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. (c) Notice; contents. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this article, a written notice to comply shall be served upon that person, except for working without a permit, disturbing a stream buffer, allowing sediment to enter sta te waters by failure to properly design, install or maintain best management practices, or working under a stop work order, which conditions warrant immediate citation. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. (d) Noncompliance. If the person engaged in the land-disturbing activity fails to comply with the corrective measures specified in the official notice within the time specified, he or she shall be deemed in violation of this article, and the community development director may take such additional enforcement actions as he or she deems appropriate. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-514. - Authority to investigate; right of entry. The community development director shall have the power to conduct such investigation as the community development director may deem reasonably necessary to carry out the duties prescribed in this article, and for this purpose shall have the power to enter at reasonable times upon any property, public or private, for the purposes of investigation and inspection of the sites of land-disturbance or building activities. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-515. - Unlawful to refuse entry or obstruct, hamper or interfere with inspection. No person shall refuse entry or access to any authorized representative or agent of the city, the commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials. Nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his or her official duties. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-516. - Display of plan on site required. A copy of a current approved plan shall be kept on site until project completion or issuance of certificate of occupancy. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-517. - Periodic review by district or commission. Page 9 (a) The district or the commission, or both, shall semi-annually review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12 -7-8(a). (b) The district or the commission, or both, may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the counties or municipality's erosion, sedimentation and pollution control program. (c) The district or the commission shall notify the division and request an investigation by the division if any deficient or ineffective legal program is found. (d) The local issuing authority must amend its ordinances to the extent appropriate within 12 months of any amendments to the Erosion and Sediment Act of 1975. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-518. - Divisional review for compliance with state regulations. (a) The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). (b) Such review may include, but not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the district and the governing authority. (c) If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division shall notify the governing authority of the county or municipality in writing. (d) The governing authority of any county or municipality so notified shall have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. (e) If the county or municipality does not take the necessary corrective action within 90 days after notification by the division, the division may revoke the certification of the county or municipality as a local issuing authority. (Ord. No. 10-06-66, § 1, 6-21-2010) Secs. 20-519—20-537. - Reserved. Subdivision II. - Penalties and Incentives Sec. 20-538. - Failure to obtain a permit for land-disturbing activity; citation. If any person commences any land-disturbing activity requiring a land-disturbing permit, as prescribed in this article, without first obtaining said permit, the person shall be subject to the revocation of his or her business license, work permit, or other authorization to conduct any business and associated work activities within the city's jurisdictional boundaries. The failure to comply may result in a citation being issue d to appear in municipal court which may result in monetary fines. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-539. - Stop work orders; notice to comply. Page 10 (a) First and second violations; notice. For the first and second violations of the provisions of this article, the community development director or designee shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the community development director or designee shall issue a stop work order requiring the land- disturbance activity to be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the community development director or designee shall issue an immediate stop work order in lieu of a warning. (b) Three or more violations. For the third and each subsequent violation, the community development director or designee shall issue an immediate stop work order. (c) Stop work orders remain in effect until violation cured. All stop work orders shall be in effect immediately upon issuance and shall remain in effect until the necessary corrective action or mitigation has occurred. (d) Posted notices; removal prohibited. It shall be unlawful for any representative of the owner to remove an official notice to comply or stop work posting. (1) Upon the issuance of a stop work order, the community development director or his or her representative shall post official notices at such locations on the project site as deemed appropriate. (2) Such posted official notices shall be prominently displayed on th e owner's property until the stop work order is rescinded by the community development director or designee, at which time said posted notices will be removed by the community development director or designee or his or her representative. (3) When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the community development director or his or her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the community development director or his or her designee. (4) All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. (5) Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion, sediment and pollution controls. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-540. - Reinspection fee. The community development director shall assess a minimum $50.00 reinspect ion fee to a project if a reinspection is requested prior to the end of a compliance period and the site is found to remain out of compliance upon that inspection. Such fees to cover administrative, field inspections, and transportation costs must be satisfied prior to the issuance of a final erosion inspection or a certificate of occupancy. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-541. - Bond forfeiture. (a) Posting; notice; contents. If, through inspection, it is determined that a person engaged in land- disturbing activities has failed to comply with the approved plan and permit, written notice to comply Page 11 shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. (b) Failure to comply. If the person engaged in the land-disturbing activity fails to comply within the time specified, he or she shall be deemed in violation of this article and, in addition to other penalties, shall be deemed to have forfeited his or her performance bond, if required to post one under the provisions of subsection 20-591(g). The city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site and bring it into compliance. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-542. - Reserved. Sec. 20-543. - monetary penalties. (a) Any person who violates any provision of this article, or any permit condition or limitation established pursuant to this article or who negligently or intentionally fails or refuses to comply with any final or emergency order of the city director of community development issued as provided in this article shall be liable for a civil penalty not to exceed $2,500.00 per day for each violation. For the purpose of enforcing the provisions of this article, notwithstanding any provisions in the City Charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of city ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this article under city ordinance approved under this article shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which a violation or failure or refusal to comply continues shall be a separate violation. (b) Upon violation of the provisions of this article, the city shall be entitled to take such remedial action as the community development director deems necessary to ensure compliance, and the violator shall reimburse the city for any cost or expense associated with such complian ce efforts and the city shall be entitled to place a lien on the property to secure payment and reimbursement for these expenses. (c) The city community development director has the primary responsibility for the enforcement of this article. (d) Persons designated by the community development director are hereby authorized to issue official notices, citations, and summons charging violations under this article, returnable to the state or city municipal court, or any other court of competent jurisdiction. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-544. - Education and certification. (a) Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20. (b) For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation co ntrol activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common Page 12 plan of development or sale permitted by an owner or operator for compliance with the state general permit. (c) Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this article. (d) If a state general permittee who has operational control of land -disturbing activities for a site has met the certification requirements of O.C.G.A. § 12-7-19(b)(1), then any person or entity involved in land- disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in O.C.G.A § 12-7-19(b)(4) and shall not be required to meet any educational requirements that exceed those specified in said paragraph. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-545. - Appeals. (a) Construction board of appeals; hearing. The suspension, revocation, modification, or grant with condition of a permit by the city upon finding that the holder is not in compliance with the approved erosion sediment and pollution control plan; or that the holder is in violation of permit conditi ons; or that the holder is in violation of any provision of this article shall entitle the person submitting the plan or holding the permit to a hearing before the city construction board of appeals within 45 days after receipt by the city director of comm unity development of written request for appeal. (b) Fulton County Superior Court. Any person aggrieved by a decision or order of the city, after exhausting his or her administrative remedies, shall have the right to appeal de novo to the Superior Court o f Fulton County. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-546. - Liability. (a) Neither the approval of a plan under the provisions of this article, nor the compliance with provisions of this article, shall relieve any person from responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the city, the district or their officers, employees or agents for damage to any person or property. (b) The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit. (c) No provision of this article shall permit any person to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any state waters as defined thereby. (Ord. No. 10-06-66, § 1, 6-21-2010) Secs. 20-547—20-565. - Reserved. DIVISION 3. - MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION CONTROL USING BEST MANAGEMENT PRACTICES (BMP) Sec. 20-566. - General provisions. Page 13 (a) Excessive soil erosion and resulting sedimentation can take place during land -disturbing activities if the requirements of the article and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this article shall contain provisions for an application of soil erosion, sedimentation and pollution control measures and practices. The pr ovisions shall be incorporated into the erosion, sedimentation and pollution control plans. (b) Soil erosion and sedimentation control measures and practices shall conform to the minimum requirements of sections 20-567 and 20-568. (c) The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. (d) Measures shall be installed to prevent or control erosion sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this article and the NPDES general permit. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-567. - Minimum requirements (BMP). (a) Properly designed defined. Best management practices as set forth in this section and section 20-568 shall be required for all land-disturbing activities. Proper design, installation, and maintenance of BMPs shall constitute a complete defense to any action by the director or to any oth er allegation of noncompliance with subsection (b) of this section or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to O.C.G.A. § 12-5-30(f) of the "Georgia Water Quality Control Act." As used in this subsection, the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b). (b) Violations. Each discharge of stormwater runoff from disturbed areas where BMPs have not been properly designed, installed, and maintained shall constitute a separate violation of any land -disturbing permit issued by the City of Milton or of any state general permit iss ued by the division, pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such discharge results and the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines issued by the director. This subsection shall not ap ply to any land-disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five acres. (c) Failure to properly design, install, or maintain BMPs shall constitute a violation of any land -disturbing permit issued by the City of Milton or of any state general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such failure occurs. (d) The director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur. (e) The City of Milton may set more stringent buffer requirements than stated in subsections 20 -568(a)(16) and (17) in light of O.C.G.A. § 12-7-6(c). (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-568. - To comply with state general permit. Page 14 (a) The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. § 12 -7-1 et seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices (BMPs), including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia," published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: (1) Proper erosion control measures must be installed along site boundaries prior to the stripping of vegetation, re-grading, and other development activities as deemed by the community development director to minimize erosion. (2) Cut-fill operations must be kept to a minimum. (3) Development plans must conform to the topography and soil type so as to minimize erosion potential. (4) Whenever feasible, natural vegetation shall be retained, protected and supplemented. (5) The disturbed area and duration of exposure to erosive elements shall be kept to a practicable minimum. (6) Disturbed soil shall be stabilized as quickly as practicable. (7) Temporary vegetation or mulching shall be employed to protect all exposed areas during development. (8) Permanent vegetation and structural erosion control measures shall be installed as soon as practicable. (9) Sediment in runoff water must be trapped by the use of debris basins, sediment basins, sediment barriers, construction exits or similar BMPs as outlined in the erosion and sediment control manual until the disturbed area is stabilized. As used in this subsection (a), a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this section and O.C.G.A. § 12-7-1 et seq. (10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surface of fills. Cuts and fills must not endanger adjoining properties. (11) Sound engineering practices or methods shall be employed to protect (i.e., cuts and fills may not endanger) adjoining properties. (12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners. (13) Migrated soil materials or soil materials displaced by mechanical means from land-disturbing sites to adjacent watercourses, such as lakes, ponds, streams and creeks etc., must be remediated The remedial work shall be conducted as per a remedial plan approved by the City of Milton. (14) Grading equipment must cross flowing streams by means of temporary or permanent bridges or culverts except when such methods are not feasible; provided, in any case, that such crossings are kept to a minimum. (15) Land-disturbing activity plans for erosion sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent waters beyond the levels specified in subsection 20-567(b). (16) Except as provided in subsection (a)(17) of this section, there is established a 25-foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment where otherwise Page 15 allowed by the director, pursuant to O.C.G.A. § 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed; provided that adequate erosion control measures are incorporated in the project plans and specifications are implemented; or along any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the groundwater table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, unless exempted as along on ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer: a. No land-disturbance activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed, except as otherwise provided by this subsection. b. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single -family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim underbrush in a buffer at any time as long as protective vegetative co ver remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and c. The buffer shall not apply to the following land-disturbing activities; provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: 1. Stream crossings for water lines; or 2. Stream crossings for sewer lines. (17) There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, of the "Georgia Water Quality Control Act," except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The director may grant a variance from such buffer to land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer; a. No land-disturbance activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a sin gle- family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetation cover remains to protect water quality and aquat ic habitat and natural canopy is left in sufficient quality to keep shade on the stream bed; and Page 16 b. The buffer shall not apply to the following land-disturbing activities; provided that they occur at an angle, as measured from the point of crossing, withi n 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: 1. Stream crossings for water lines; or 2. Stream crossings for sewer lines. c. Nothing contained in O.C.G.A. § 12-7-1 et seq. shall prevent any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in section 20-567 and this section. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-569. - No presumption of violation. The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided in this article or the terms of the permit. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-570. - Additional requirements. Where the director or the city director of community development finds, through inspection, that property owners have been adversely affected due to violations clearly identified by the director or the city director of community development, or that the approved current plans do not adequately address the features of the site, the director or the city director of community development can require additional bmps, drawings, and revisions to comply with the minimum requirements as outlined in this division. (Ord. No. 10-06-66, § 1, 6-21-2010) Secs. 20-571—20-589. - Reserved. DIVISION 4. - APPLICATION/PERMIT PROCESS Sec. 20-590. - General provisions. (a) The property owner, developer, and designated planners and engineers shall design and review the general development plans before submittal: (1) The city shall review the tract to be developed and the area surrounding it. (2) The city shall consult the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood damage prevention resolution, this article, and other ordinances which regulate the development of land within the jurisdictional boundaries of the city. (b) However, the property owner and/or operator are the only parties who may obtain a permit. (Ord. No. 10-06-66, § 1, 6-21-2010) Page 17 Sec. 20-591. - Application requirements. (a) Prior to any land-disturbing activity, the property in question must be part of an approved and reco rded legal lot of record (including, but not limited to, exemption plat, minor plat, or final plat). Additionally, no land-disturbing activity, including grading, excavating, filling, and foundation work, shall be conducted within the city, until a land-disturbance permit or a building permit (for those projects not requiring a land-disturbance permit under this article) shall have been issued by the community development director allowing such activity, pursuant to the provisions herein provided. If a proj ect is to be developed in phases, then a separate land-disturbance permit or building permit is required for each phase not to exceed 25-acre increments and the development sequence should be followed on all projects issued a land-disturbance permit. (b) No person shall conduct any land-disturbing activity within the city's jurisdictional boundaries without first obtaining a permit from the city community development department or its successor to perform such activity and provide a copy of notice of intent submitted to EPD if applicable. (c) All developments, construction, improvements, utilities, and demolitions that occur within the boundaries of the incorporated city limits that disturb more than 5,000 square feet of land shall be required to submit an application for a land-disturbance permit. (d) The application for a permit shall be submitted to the community development department and must include the applicant's erosion and sedimentation control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in section 20 -592. Soil erosion sedimentation and pollution control plans, together with supporting data must demonstrate affirmatively that the land-disturbing activity proposed shall conform to the provisions of this section and section 20-592. Applications for a permit will not be accepted unless accompanied by three copies of the applicant's soil erosion, sedimentation and pollution control plans and a physical address of the property owner (post office box not acceptable). All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to the creation of the plan in accordance with EPD Rule 391-3-7-10. (e) A minimum fee, as set by the city council, shall be charged for each acre, or fraction thereof, of the project area. (f) In addition to the city's permitting fees, fees also will be assessed pursuant to O.C.G.A. § 12 -5-23(a)(5); provided that such fees shall not exceed $80.00 per acre of land -disturbing activity and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land-disturbance permit. Half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. (g) The permit applicant shall be required to post a bond (surety) in the form of cash prior to issuing the permit. The bond amount shall be determined as established by the community development department, but not exceeding $3,000.00 per acre or fraction thereof of the proposed land -disturbing activity. Surety bonds shall be: 1) on the bond form provided by the City; 2) properly executed by t he permit applicant and surety; and 3) issued by a surety company determined to be: a) in good standing with the office of the Georgia Insurance and Fire Safety Commissioner; and b) listed in Circular 570 (Federal Register Vol. 62, No. 126) among companies holding certificates of authority as acceptable sureties on Federal bonds and as acceptable reinsuring companies. (1) If the applicant does not comply with this article or with the conditions of the permit after issuance, the city may call the bond or an y part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. (2) If a permit applicant has had two or more outstanding violations of previous permits, this article, or the Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended, within Page 18 three years prior to the date of filing of the application under consideration, the city may deny the permit application. (3) These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the Local Issuing Authority with respect to alleged permit violations. (h) If applicable, immediately upon receipt of an application and plan for a permit, the city shall refer the application and plan to the, district for its review and approval or disapproval concerning the adequacy of the erosion sedimentation and pollution control plan. The district shall appr ove or disapprove a plan within 35 days of receipt. Failure of the district to act within 35 days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the city. No permit will be issued unless the plan has been approved by the district, and any variances required by subsections 20-568(a)(16) and (17), and bonding, if required as per subsection (g) of this section, have been obtained. Such review will not be required if the city and the district have e ntered into an agreement which allows the city to conduct such review and approval of the plan without referring the application and plan to the district. The local issuing authority with plan review authority shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the local issuing authority with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-592. - Plan requirements. (a) Plans must be prepared to meet the minimum requirements as contained in sections 20 -567 and 20- 568 of this article or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sedimentation Control in Georgia is hereby incorporated by reference into this article. The plan for the land -disturbing activity shall consider: (1) The interrelationship of the soil types; (2) Geological and hydrological characteristics; (3) Topography; (4) Watershed; (5) Vegetation; (6) Proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities; and (7) Local ordinances and state laws. (b) Data required for site plan. (1) All the information required from the appropriate erosion, sedimentation and pollution control plan review checklist established by the commission as of January 1 of the year in which the land - disturbing activity was permitted. (c) Maps, drawings, and supportive computations shall bear the signature/seal of a registered or certified design After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the commission and in consultation with the division and the stakeholder advisor y board created pursuant to O.C.G.A. § 12-7-20. Page 19 (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-593. - Permits. (a) Permits shall be issued or denied as soon as practicable but, in any event, not later than 45 days after receipt by the city of a completed application; providing variances and bonding are obtained, where necessary, and all applicable fees have been paid prior to permit issuance. The permit shall include any conditions under which the activity may be undertaken. (b) No permit shall be issued by the city unless the erosion sedimentation and pollution control plan has been approved by the district or by the city, and unless the city has affirmatively determined that the plan is in compliance with this article, any variances required by subsection s 20-568(a)(16) and (17) are obtained, bonding requirements, if necessary, as per subsection 20-591(g), are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the unincorporated city are met. If the permit is denied, the reason for denial shall be furnished to the applicant. (c) If the tract is to be developed in phases, then a separate permit shall be required for each phase to include the development sequence. (d) The permit may be suspended, revoked, or m odified by the city, as to all or any portion of the land affected by the plan, upon finding that the holder or his or her successor in title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his or her successor in title is in violation of this article. A holder of a permit shall notify any successor in title to him or her of the conditions contained in the permit as to all or any portion of the land affected by the approved plan. (e) The city may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. § 12-7-7(f)(1). (f) It shall constitute noncompliance with this article to engage in land-disturbance activity involving clearing, grading, timber harvesting, or grubbing without a permit, which activity may immediately warrant citation. (Ord. No. 10-06-66, § 1, 6-21-2010) State Constitution reference— Permits for land-disturbing activities, O.C.G.A. §§ 12-7-7, 12- 7-9. Sec. 20-594. - City or county construction; compliance with article. All engineering and construction involving land disturbance performed by or on behalf of the city a nd under the direction of the public works department or any other city entity, whether such engineering or construction is being accomplished on existing and proposed public land or on public easement, shall comply with the requirements of this article and any other ordinances relating to land disturbance, as are applied to private persons and the division shall enforce such requirements upon the city. (Ord. No. 10-06-66, § 1, 6-21-2010) Secs. 20-595—20-635. - Reserved. DIVISION 5. - DESIGN PROFESSIONAL INSPECTION Page 20 Sec. 20-636. - Required; exception. The design professional referenced in the state general permit (except when the primary permittee has requested in writing and EPD has agreed to an alternative design professional) must inspect the installation of BMPs which the design professional designed within seven days after the initial construction activities commenced. The design professional shall determine if these BMPs have been installed and are being maintained as designed. The design professional shall report the results of the inspection to the primary permittee within seven days and the primary permittee must correct all deficiencies within two business days of receipt of the inspection report from the design professional unless weather relat ed site conditions are such that additional time is required. The community development director shall withhold the occupancy permit until full compliance has been achieved. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-637. - Additional reporting requirements. Applicants/owners/operators shall provide the community development director with a copy of any monitoring results submitted to EPD regarding the National Pollutant Discharge Elimination System (NPDES). Reports shall be in a format as prescribed by EPD. A copy of the notice of intent which has been sent to EPD in compliance with the permit requirements must be presented to the community development director prior to the issuance of any land-disturbance permit. (Ord. No. 10-06-66, § 1, 6-21-2010) Secs. 20-638—20-656. - Reserved. HOME OF' HE BE QUALITY OF LIFE IN GEORGIA' MILTOESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 9, 2016 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of RZ16-09 -To Amend the Deerfield Form Based Code in Chapter 64, Article XX. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (✓APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (eES (J NO CITY ATTORNEY REVIEW REQUIRED: (yYES (J NO APPROVAL BY CITY ATTORNEY. (APPROVED / J NOT APPROVED PLACED ON AGENDA FOR: t °llt 4106 REMARKS: 0» Thum PHONE: 678.242.25001 FAX: 678.242.2499 ®'��reen • ,�,*:'; inrofcityolmiltonga.us I www.cltyetmlitonga.us ww Community Q 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - """"°° tlROX2• - e` Page 1 of 3 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: November 28, 2016 prepared for the December 19, 2016 City Council Meeting. (First Presentation - December 5, 2016, Work Session – December 12, 2016) Re: RZ16-09 – Consideration to amend the Deerfield Form Based Code in Chapter 64, Article XX Department Recommendation: The Deerfield Form Based Code was adopted based on the Highway 9 Livable Centers Initiative (LCI) approved in 2012; and, the Highway 9 North Visioning Study that was approved in 2014. The proposed text amendment would change what the community agreed upon at that time regarding the type of uses permitted in each Transect Zone. Staff recommends that if the Mayor and City Council would prefer to amend the Deerfield Form Based Code as proposed , in order to provide additional commercial tax base, that a comprehensive re- review of the plan be initiated in order to allow for a thorough analysis of the proposed changes. Executive Summary: Background The purpose of this text amendment is to consider eliminating all residential uses, except when located in a vertically mixed use building for properties adjacent to Highway 9 and North Main Street (Highway 9). This text amendment was heard at the October 26, 2016 Planning Commission. This item was deferred at the October 16, 2016 meeting. During that meeting there were five citizens who spoke on this item. Three of the citizens who are property owners in the Five Acre Subdivision stated they were in opposition to the proposed change based on the fact that the Deerfield Form Based Code was based upon the consensus between all the stakeholders involved. Two other citizens, of which one was a resident, was in support of the proposed Page 2 of 3 change to eliminate residential uses along Highway 9, including the Five Acre area. After deliberations by the Planning Commission as well as considering comments from the public, it was decided to defer the item in order for Staff to send notices to all property owners with property adjacent to Highway 9 and North Main Street. Staff sent out the notices to above mentioned property ow ners and received approximately three phone calls asking if the proposed changes would impact their properties. The properties would not be impacted based on the fact they were already developed or they were small parcels that could not support residential development. Additionally, the Planning Commission requested that Staff provide a map indicating parcels along Highway 9 and North Main Street that are not developed and may be impacted by the proposed text amendment. Lastly, the Planning Commission requested to see the reports produced by Dr. Michael Elliot whom the City hired to mediate the planning process for the Five Acre area, located north of Bethany Bend along Highway 9. Results of the November 16, 2016 Planning Commission Meeting At the November 16, 2016 Planning Commission meeting there were three citizens who spoke during the public hearing. A property owner within the Five Acre Subdivision stated she was in support of keeping the existing requirements the way they were written based on the fact that it was approved based on consensus between all the parties involved. Another resident within the subdivision stated she would like the Five Acre properties adjacent to Hwy 9 to be only residential uses. The third citizen stated that she believes that all the properties adjacent to Hwy 9 should only be allowed for non-residential uses. After discussing the history of the Highway 9 North Visioning Plan as well as the Michael Elliot report, they voted to deny the proposed text amendment to eliminate residential uses. This decision was based upon the extensive work by Staff, Dr. Elliot and the stakeholders involved to come to an agreement that was ultimately approved by the Mayor and City Council via the Deerfield Form Based Code as it is currently written. Discussion at the December 12, 2016 City Council Work Session The Mayor and City Council directed Staff to amend the ordinance to eliminate residential uses for parcels adjacent to Hwy 9 except for the Five Acre Road Zone. The Five Acre Road Zone development and use requirements will remain the same. Only when a building integrates a residential use vertically into a mixed use building can a residential use be developed on properties adjacent Page 3 of 3 to Hwy 9. This is reflected in footnote #12 on Table 10 in the Deerfield Form Based Code. Funding and Fiscal Impact: There will be no impact if this text amendment is approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (November, 2016) Concurrent Review: Community Development Attachment(s): Text Amendment and Ordinances for RZ16-09, Map of undeveloped properties and reports by Dr. Michael Elliot. DEERFIELD FORM-BASED CODE - DRAFT 12/19/2016 AMENDMENT City of Milton R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT a. RESIDENTIAL1, 12 T2 T3 T4 T4-P9 T4-O2 T53 T6 f. OTHER: AGRICULTURE T2 T3 T4 T4-P9 T4-O2 T53 T6 Apartment U U U U Grain Storage R Live/Work Unit R R R R R R Livestock Pen W Rowhouse R R U U U Greenhouse R W Duplex R R R R R Stable R W Courtyard House R R R R R Sideyard House R R R R R R Cottage R R R R Kennel with Outside Pens House R R R R R Pet Grooming8 R R R Accessory Unit R R R R R R R f. OTHER: AUTOMOTIVE b. LODGING Gasoline Station4 R R R Motel, Hotel R R R Automotive Specialty Shop R R R Bed & Breakfast Inn U U R R R R Service Station c. OFFICE Automotive Garage, Repair Garage Office R R R R Radio and Television Station U U U Live/Work Unit R R R R R R Car Wash5 W W W d. RETAIL Drive-Through Facility6 R R R Open-Market Structure R R R R R R R f. OTHER: CIVIL SUPPORT General Retail R R R R R Fire Station R R R R R R R Pawn Shop W W Police Station R R R R R General Service R R R R R Cemetery U U U Artist Studio U U U U U Funeral Home R R R Restaurant R R R R R Hospital R R Freestanding Fast Food Restaurant R R R R Medical Office, Clinic R R R R Kiosk R R R R R Drive-Through Facility6 R10 R R R Push Cart W W W Liquor Selling Establishment W W W f. OTHER: EDUCATION Self Service Laundromat W W W Laundry and Dry Cleaning Shop R R R Bank/Financial Institution R11 R R R College U U U U U U U Bail Bondsmen High School U U U U U U U Check Cashing Establishment W W W Trade School U U U U U U U Adult Entertainment Elementary School U U U U U U U Fortune Telling Establishment Childcare Center7 U U R R R f. OTHER: INDUSTRIAL Heavy Industrial Facility Light Industrial Facility e. CIVIC Manufacturing Bus Shelter R R R R R R R Catering R R R Convention Center R Conference Center W W R Fountain or Public Art R R R R R R R Research Laboratory W W Library R R R R R Water Supply Facility W W W W W W W Theater R R R Sewer and Waste Facility Indoor Commercial Amusement R R R Electric Substation W W W W W W W Outdoor Commercial Amusement W W W Telecommunications Museum R R R Cremation Facility Assembly Hall, Indoor Auditorium R R R Warehouse Gymnasium R R R Landscaping, Lawn Service R R R Outdoor Auditorium W R R R R R R Produce Storage Parking Structure R R R Recycling Center Passenger Terminal R Mini-Storage R R R Sports Stadium 5. Includes both principal and accessory car washes. Surface Parking Lot W W W W W 6. Drive-through facilities are considered accessory to a Retail or Automotive Function. Place of Worship U U U R R R R 7. See Sec. 64-1809 for additional requirements. 8. No overnight stay allowed. 2. T4-Open 9. T4-Permissive. See Sec. 4.6.1(e) for additional restrictions in the Five Acre Road Zone. 3. Includes T5-Limited subject to Table 9 10. Only allowed in the Five Acre Road Zone and when accessory to a bank/financial institution. 4. See Sec. 4.14 for additional requirements.11. Only allowed in the Five Acre Road Zone. W See Section 54 of the Code of the City of Milton Automobile and Light Truck Sales/Leasing Assisted Living, Convalescent Home, Personal Care Home, Nursing Home, Hospice R RRR WVeterinary Clinic/Hospital, Kennel (with inside pens) TABLE 10: Specific Function and Use. This table expands the categories of Table 9 to delegate specific Functions and uses within Transect Zones. W W W 12. Residential functions are prohibited on any parcel abutting Highway 9, excluding the Five Acre Road Zone (as shown on the adopted April 27, 2015, Regulating Plan), except when located in a vertically mixed-use building. School of Business, Dance, Music or Similar W W Laundry and Dry Cleaning Distribution Center W Massage Parlor, Pool Hall, Escort and Dating Services, Tattoo and Body Piercing Establishment 1. This table notwithstanding, all senior housing shall comply with Sec. 64-1834(a). 47 April 27, 2015 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ16-09 AN ORDINANCE TO AMEND THE DEERFIELD FORM BASED CODE IN CHAPTER 64, ARTICLE XX BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 19, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the Deerfield Form Based Code in Chapter 64, Article XX of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 19th day of December, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk 1 | Page Rte. 9 Visioning Process Five Acres Area Stakeholder Group Meeting May 22, 2013 Introductions Participants introduced themselves. Participants included: Dan Giglia, Judy and Brent Sanderson, Julianne Hornsby, Elizabeth Yancey, Annette Donavan, Derek Bachan, Sharon and Marissa Segler, Tony and Debbie Stewart, Ginger Smith, Billy Carman, Lynn, Mary Swanson, Hamid Sadri, Alex Mehmandoost, Mark Blackwell. Facilitator: Michael Elliott. Review of Visioning Process The history and current status of the visioning process was described as follows. The initial design for the visioning process was to encompass the full length of Rte. 9 and its proximate areas. The area considered in Phase 1, however, was limited to south of Bethany Bend, in large part because the Atlanta Regional Commission provided for a Livable Centers Initiative grant to cover the cost of planning, and LCI grants are generally provided to plan for activity centers rather than for linear corridors (see Figure 1 below). The grant was issued in FY 2011 and the resulting plan (prepared by Urban Collage) was completed in April 2012 (Highway 9/GA 400 Area Master Plan). The plan is now being implemented. 1 LCI Boundaries for the Southern Section of Route 9 2 | Page Following completion of the LCI planning process, the city’s Community Development Department began a process of visioning focusing on the area to the north of Bethany Bend (see figure 2 below). This process was modeled on the approach used in the LCI, with a Stakeholder Group comprising of many of the same individuals who had constituted the LCI Stakeholder group, with city planning staff managing the process. During the initial meetings of the Stakeholder Group and the corresponding public meetings, it became clear that two sections of the Rte. 9 North area were of particular concern to residents of the nearby community. One of these was the section near Five Acres. The city therefore invited residents of the area to form a stakeholder group for more detailed discussions about this area. A facilitator was hired to work with members of the group to develop a vision acceptable to the various parties. The facilitator interviewed the participants before meeting. Tonight’s meeting was the first one of the group meetings. 2 Planning Area for the North Section of Rte. 9 Envisioning the Future of Rte. 9 Near Five Acres The remainder of the meeting focused on issues associated with the future of Rte. 9 near Five Acres. Based on interviews conducted by the facilitator, a list of concerns, issues and interests was posted for consideration. These included 1) Interests: a) Traffic and safety along Rte. 9 (street is busy, and egress onto the highway is difficult and dangerous) 3 | Page b) Character of the area (existing residents seek to maintain the forested/residential character of the land around them, in order to maintain privacy, to keep noise and lights from intruding onto their land, and for aesthetic reasons related to the look and feel of the community; this also includes the look and feel of Five Acres Road as an entrance into a residential subdivision) c) Property values (of interest to both the residents of the area concerning home values and the owners of property adjacent to Rte. 9.) d) School bus access and safety e) Ensuring that any agreement that is reached is binding f) Maintaining the character of Milton 2) Other Concerns and Issues: a) The potential for redevelopment, both under existing zoning and with potential changes b) Best ways to manage change/growth responsibly c) The extent of legal rights held by the various property owners and their implications d) How the history of this area over the past 20 years affects concerns of current residents and owners. Several of these issues were discussed in more detail. In particular: 1) What types of development are appropriate on Rte. 9? Current residents generally preferred that Rte. 9 remain agricultural or residential, in keeping with the the subdivisions located in this section of the highway. There was also a recognition that Rte. 9 has already changed in ways that makes residential uses right on the highway less desirable, given that it is an increasingly heavily trafficked highway. 2) There was general agreement that neither the intensive development found in Crabapple nor strip shopping centers are appropriate for this section of Rte. 9, because of the aesthetics, density and scale of such developments and because of their impact on traffic. 3) Commercial and office buildings, if they were appropriately designed to fit into the residential character of the community in terms of scale, building materials, design, buffers, and landscaping, might be an appropriate use, but this requires further consideration. 4) Entrances to existing subdivisions are especially important. In particular, the entrance to Five Acres Subdivision is along Five Acres Road. The character of the road at its entrance sets the look and feel for the entire subdivision, and needs to be appropriately designed for residential use. 5) Traffic is of significant concern, especially since this section of Rte. 9 is on a curve. Entering traffic is already problematic and a safety concern. The impact and timing of changes being considered by the Georgia Department of Transportation was seen as important, but unpredictable. It was unclear how, or if, the city could act to make the situation better on their own. 4 | Page 6) Issues of trust and the predicatability of future change were discussed in various ways. Historically, these issues were discussed in light of whether or not the Five Acres subdivision had covenants and how that might affect use of the four 2‐acre parcels located on Rte. 9, the aborted effort by Fulton County to locate a landfill on what is now the Crooked Creek subdivision, the manner in which the Outrageous Bargains store was approved, and the permanency of the existing zoning and whether it should change as conditions in the community change. In general, many of the residents had lived in their homes for 10 to 30 years, and the overall growth in the area has significantly altered the character of the community. It is no longer rural. More immediately, issues of trust and predicatability was discussed in light of current disagreements about how the land fronting Rte. 9 should be used, and differences in perception as to whether any of the property owners on Rte. 9 had verbally committed to using the property for residential purposes. These issues were clearly strongly felt by the participants, in various ways. While perceptions of these events varied, participants came to the conclusion that the process of visioning and planning for the area could best be done by focusing on the practical problems of future development and change in a respectful and pragmatic manner, and that if the participants can jointly agree to a mutually acceptable pattern of land use, design and development, that any agreements reached will need to have assurances as to how they will be implemented, such that implementation leads to predictable results. Questions of Fact Several questions of fact came up during the discussion. These should be clarified before the next meeting. These include: 1) Legal Framework a) What is the zoning of the 4 2‐acre Five Acre Subdivision parcels (R2 or AG1) and of the adjacent parcels? b) Does the Five Acres Subdivision have covenants and, if so, are they currently enforcable? c) Does the city currently have codes that govern the character of commercial properties and, if so, what are they? 2) Rte. 9 a) Has a traffic safety study been conducted for this section of Rte. 9 and, if so, is it available? b) What is the current status of the GA Department of Transportation’s review of Rte. 9? 3) B & B Tool Company is a manufacturing use first established in the 1970s. It seems as though the zoning has changed since B & B was established. What is the zoning? If it has been changed, what rights to conduct business are grandfathered in? In particular, if Rte. 9 is widened and the building needs to be changed, is that possible? 5 | Page Next Steps Participants agreed to meet again to focus on possible options for future development that would meet the interests of the various stakeholders in the group. Between now and the next meeting, the facilitator will work with Derek Bachan and Tony Stewart (residents) and the various Rte. 9 property owners to develop a few options for consideration. The objective is to develop options that meet the interests of the various stakeholders as outlined above. 1 | Page Rte. 9 Visioning Process Five Acres Area Stakeholder Group Meeting 2 June 25, 2013 Introductions Participants introduced themselves. Participants included: Mark and Neil Blackwell, Zach Hines, Billy Carman, Sharon Segler, Janet, Elizabeth Yancey, Mary Swanson, John, Will King, Tony and Debbie Stewart, Marilyn, Ginger Smith, Hamid Sadri, Brad, Judy and Brent Sanderson, Derek Bachan, Alex Mehmandoost, Michele McIntosh‐Ross, and Kathy Field. Facilitator: Michael Elliott. Interests and Concerns of Stakeholders Concerning Rte. 9 Near Five Acres Concerns, issues and interests discussed in the first meeting were reviewed as a basis for developing and discussing alternatives.These included 1) Traffic and safety along Rte. 9 (street is busy, and egress onto the highway is difficult and dangerous) 2) Character of the area (existing residents seek to maintain the forested/residential character of the land around them, in order to maintain privacy, to keep noise and lights from intruding onto their land, and for aesthetic reasons related to the look and feel of the community; this also includes the look and feel of Five Acres Road as an entrance into a residential subdivision) 3) Property values (of interest to both the residents of the area concerning home values and the owners of property adjacent to Rte. 9.) 4) School bus access and safety 5) Ensuring that any agreement that is reached is binding 6) Maintaining the character of Milton 7) The potential for redevelopment, both under existing zoning and with potential changes 8) Best ways to manage change/growth responsibly Options The meeting participants discussed a series of options associated with redevelopment along Route 9. These included: 1) Entrance to properties located on Route 9 a) Entrance and egress to lots will be from Rte. 9 2 | Page b) Entrances to Rte 9 will be shared between adjoining property owners whenever feasible. In the case of the two pairs of properties on either side of Five Acres Road, each pair will share a single entrance/egress. 2) The character of Five Acres Road a) Five Acres Road will be designed for its role as the entrance to Five Acres Subdivision. b) No property other than single family housing will have an entrance onto Five Acres Road c) A landscaped buffer will be maintained to block views of the redeveloped properties from Five Acres Road. d) We discussed whether the 18‐feet right‐of‐way along Five Acres Road could be planted (after the meeting, a check with city officials indicated that the ROW cannot be planted). e) The width of the buffer and its landscaping was discussed, without agreement as to what is appropriate. Options ranged from 12 feet (which assumed that at least part of the ROW could be planted) to 50 feet (which assumed that the forest cover would be left as is). The city arborist will be contacted for further ideas. f) An entrance to the subdivision at the start of Five Acres Road will be designed and constructed. A simple design was discussed, using horse fencing similar to the one in front of the Sanderson’s home and a wooden entrance sign (a picture was passed around). The sign will be located near the entrance to the road from Rte 9. Alex volunteered to build this. 3) Buffers between lots located on Route 9 and their residential neighbors a) Redeveloped properties will maintain a 50’ buffer along their property lines with residentially zoned neighbors. b) The buffer will be primarily undisturbed forest, with more dense vegetation and/or fencing along the interior edge of the buffer if the natural vegetation is insufficient to block sightlines to the redevelopment from existing residential properties. 4) Density and scale of buildings a) Development will be capped at 10,000 square feet per acre of land b) Buildings will be one or two stories tall. 5) Appearance of buildings a) Buildings will be designed to fit well with the residential character of the area. b) Design elements such as peaked roofs, massing, windows, doors, and building materials will be used to enhance building styles appropriate to the area. c) These elements will be incorporated into form‐based codes. 6) Management of building accessories a) Detention ponds (if used) and dumpsters will be hidden from view. b) Landscaping elements will be included around parking lots and buildings 3 | Page 7) Permitted uses: a) Residential i) Single family ii) Duplex iii) Cluster housing iv) Townhomes b) Office c) Live/work d) Retail; bank e) Gyms f) Assisted living 8) Disallowed uses: a) Automobile services, including gas stations b) Hotels c) Kennels d) Convenience stores e) Traditional shopping centers f) Drive through restaurants g) Nursing homes and hospitals 9) Two classes of uses continue to be of concern largely because of their potential to create noise that will affect neighbors a) Restaurants, especially ones that allow for outdoor seating b) Day care and schools because they require outdoor recreation and playgrounds Next Steps The facilitator will work with city officials, including the City Arborist, Public Works, etc., to resolve some of the remaining issues. The next meeting will focus on resolving these final issues and clarifying implementation. 1 | Page Rte. 9 Visioning Process Five Acres Area Stakeholder Group Meeting 3 July 17, 2013 Introductions Participants introduced themselves. Participants included: Hamid Sadri, Judy and Brent Sanderson, Billy Carman, Elizabeth Yancey, Janet Bryant, Ginger Smith, Tony and Debbie Stewart, Mary Swanson, Derek Bachan, Kari Hines, Marilyn Phillips, Scott Hornsby, Julianne Hornsby, and Alex Mehmandoost. City officials included: Michele McIntosh‐Ross and Kathy Field. Facilitator: Michael Elliott. Options and Their Implementation The meeting participants discussed a series of options associated with redevelopment along Route 9, as generated from the second meeting. Approaches to implementing these options were also discussed. The results of these discussions are as follows: First, as illustrated in Figure 1 below, buffers and entrance/egress requirements will be used to protect residential properties from sightlines and noise associated with new, nonresidential development. 2 | Page Figure 1. Site plan of properties located within Five Acres Subdivision and along Rte. 9, showing buffers, landscaping, entrances, fencing, and entrance sign/monument location. 3 | Page Figure 1 shows the following: 1) Entrance/egress to properties located on Route 9 will be from Rte. 9 for any use other than residential. 2) Entrances to Rte 9 will be shared between adjoining property owners whenever feasible. In particular, given their relatively small acreage, each of the two pairs of properties on either side of Five Acres Road will share a single entrance/egress. 3) Five Acres Road will be designed for its role as the entrance to Five Acres Subdivision. a) No property other than single family housing will have an entrance onto Five Acres Road b) A landscaped buffer will be maintained to block views of the redeveloped properties from Five Acres Road. A 20’ landscape strip will be planted with dense plantings, including evergreens, so that commercial properties are not visible from Five Acres Road. Landscaping buffer standards will be included as part of the zone, w/evergreens spaced to block views in all four seasons and deciduous trees included for aesthetics. Existing trees within the buffer will need to be removed in order to enable this more densely planted landscape. These are illustrated in Figures 2, 3 and 4 below. Figure 2. Example of dense landscaping. 4 | Page Figure 3. Second example of dense landscaping. Figure 4. Picture of dense landscaping, screening a residential street (shown) from commercial properties. c) The landscaped buffer along Five Acres Road will be fronted by horse fencing similar to the one in front of the Sanderson’s home and used throughout Milton. 4) Natural landscaped buffers will be preserved between lots located on Route 9 and their residential neighbors 5 | Page a) The buffer will be primarily undisturbed forest, with more dense vegetation and/or fencing along the interior edge of the buffer if the natural vegetation is insufficient to block sightlines to the redevelopment from existing residential properties. Any disturbance will be to landscape standards set by the city. b) Redeveloped properties of less than 4 acres will maintain a 50’ buffer along their property lines with residentially zoned neighbors. Properties of 4 or more acres will maintain a 75’ buffer. c) A 10’ improvement setback from the buffer will be maintained to protect the root system of trees. All of the elements presented in 1 through 4 above will be implemented through form‐ based code, with agreement from Department of Public Works for design of entrances to roads. 5) An entrance to the subdivision at the start of Five Acres Road will be designed and constructed. An entrance sign/monument will be located near the south corner of Five Acres Road and Rte 9 (as shown on Figure 1). The entrance will be built by mutual agreement between the residents of Five Acres Subdivision and Alex Mehmandoost (owner of the parcel on the south corner of Five Acres Road and Route 9). Residents will raise funds to build the entrance sign/monument, as illustrated in figure 5 below. Simpler designs had previously been discussed and pictures of potential designs were passed around at the meeting (see Figure 6).1 The subdivision will pay for the construction of the sign/monument. Alex will donate an easement for building the sign/monument within the 20’ landscape buffer (again, as shown in Figure 1). Construction of the sign/monument will occur at the time of installation of the landscape buffer or earlier if mutually agreed upon. The details of the sign/monument and the easement will be worked out between Alex and the subdivision residents 1 Note, the Department of Community Development looked further into Milton ordinances concerning signs and monuments following the meeting. Per Milton sign ordinances, the Five Acre Subdivision entrance sign/monument cannot exceed 32 square feet with a maximum height of 6 feet, with the base of the sign being the same width as the rest of the sign. Also, it will need to be installed prior to the Form Based Code being adopted so that it will be a grandfathered non‐conforming use. The simpler signs conform to form based codes and therefore could be constructed at any time. 6 | Page Figure 5. Examples of subdivision entrance monument. Figure 6. Examples of subdivision entrance signs. . 7 | Page 6) Development will be capped at 10,000 square feet per gross acre of land. 7) Buildings will be designed to fit well with the residential character of the area. a) Buildings will be one or two stories tall. b) Design elements such as peaked roofs, massing, windows, doors, and building materials will be used to enhance building styles appropriate to the area. c) Underground detention of stormwater is stongly preferred to surface detention pond. Ponds (if used) will be screened from view. d) Dumpsters and other accessory features will be hidden from view. e) Landscaping elements will be included around parking lots and buildings. Elements presented in 6 and 7 above will be incorporated into form‐based codes. In addition, site and building designs for commercial or multifamily redevelopments will be reviewed by the Design Review Board for consistency with code standards. The design review process is open to public comment. The standards that will be applied to this area will be consistent with the Deerfield codes previously developed by the city (see attached for a summary of the codes). 8) For the four parcels located in the Five Acres Subdivision, permitted uses will include: a) Residential i) Single family ii) Duplex iii) Cluster housing iv) Townhomes b) Office c) Live/work d) Retail, including banking e) Gyms f) Assisted living g) Restaurants without outdoor seating 9) All other uses are excluded. These exclusions include: a) Automobile services, including gas stations b) Hotels c) Kennels d) Convenience stores e) Traditional shopping centers (disallowed because traditional shopping centers do not conform to form based design standards) f) Drive through restaurants g) Nursing homes and hospitals 8 | Page h) Day care and schools (since they require outdoor play areas that are noisy) for parcels 10) The treatment of restaurants with outdoor seating remains unclear. Several options were discussed, including a) Limiting outdoor seating to a small (10% of building square feet) area, b) Limiting outdoor seating to the front (facing Route 9) of the building only, c) Setting a minimum distance from the nearest residential building, d) Requiring that the seating be on the opposite side of the building from the nearest residence if within the minmum distance, and/or e) Preventing live music from being played outdoors (possibly through liquor licence provisions)2. The city will look into this further and try to develop a way to simultaneously manage noise while allowing for some outdoor seating3. Next Steps No more meetings are planned for the Five Acres Subarea Visioning Process. Once a similar process being held for the Bethany Bend Subarea is completed, the results of both subarea processes will be integrated into the Route 9 Corridor Visioning Process, which includes the entire planning area north of Bethany Bend (see Figure 7). Figure 7. Route 9 Visioning Process Boundaries 2 The City has determined that the liquor license cannot be used to limit live music. 3 The recommended solution (developed by the Department of Community Development) is to limit outdoor seating to 10% of the building’s area, to be located to the front (facing Route 9) or side of the building only and being a minimum distance of 200 feet from any single family residential structure. 9 | Page The final vision developed by the Route 9 Corridor Visioning Process will incorporate the two subarea visions and be made part of the final draft plan for the corridor. This plan will then be presented to the community for their input. The resultant report will be published, and then reviewed by Milton’s Planning Commission and City Council. Following approval of the vision and plan by the Commission and Council, the Department of Community Development will develop the form based zoning code needed to implement the vision and plan. The ordinance will include special chapters for special use areas. The form based code will then go through the same review and approval process as the Vision and Plan. The current timetable is for the plan to be completed this fall, with the zoning ordinance being completed by spring. Attachments Attached are copies of the Deerfield Form‐Based Code Architectural Requirements which will serve as the basis for requirements for this section of Route 9 and the City of Milton’s form based code sign standards. DEERFIELD FORM-BASED CODE – V6 AS ADOPTED City of Milton April 22, 2013 24 4.16 ARCHITECTURAL STANDARDS 4.16.1 The following architectural standards shall apply to all buildings unless otherwise approved by Warrant by the community development director after consultation with the City Architect. 4.16.2 Architectural treatment shall continue on all sides of a building except as specifically noted otherwise. 4.16.3 General to all buildings – Facade composition a. The Principal Entrance of a building shall be articulated and expressed in greater architectural detail than other buildings entrances. b. Windows shall be vertically shaped with a height greater than their width. c. Burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible from a public Thoroughfare, Civic Space, or Open Parking. d. Exposed neon lighting outlining and detailing building features is prohibited. e. Exposed ductwork, pipes, conduit or other similar items are prohibited unless otherwise approved by Warrant. 4.16.4 Specific to Commercial, Mixed-Use, and Apartment buildings – Façade composition a. Facades shall incorporate windows and doors as follows: i. Windows and doors shall be provided for at least 25% of the total Facade area, with each floor calculated independently. The maximum contiguous area without windows or doors on any floor shall not exceed 10 feet in height or 20 feet in length. ii. The above requirement may be reduced by Warrant where a Facade is not visible from a public Thoroughfare, Civic Space, or Open Parking, provided that said Façade shall incorporate a decorative pattern with varied materials and textures in lieu of windows or doors. For the purpose of satisfying this requirement, control and expansion joints shall not constitute a decorative pattern with varied materials and textures. b. Facade articulation i. Facades over 50 feet in length shall incorporate wall projections or recesses a minimum of 12 inches in depth. The combined length of said recesses and projections shall constitute at least 20% of the total Facade length. ii. Facades over 200 feet in length shall incorporate a major articulation at least every 200 feet of Façade length. Said major articulation shall occur for a minimum length of 20 feet and shall be accomplished through: a. A change of façade material from grade to the roof, or b. A change in façade composition from grade to the roof, or c. Changes in storefront systems, Private Frontages, varying setbacks, or similar means intended to convey the impression of separate buildings. iii. Building stories shall not appear as single horizontal window bands separated by non-glass spandrels of equal or greater height than the windows. c. Additional Enfronting Facade requirements i. Enfronting Facades shall be articulated and designed to create additional visual interest by varying architectural details, building materials, the roof line, and building offsets. ii. On corner lots the architectural treatment of a building’s intersecting Enfronting Facades shall be substantially similar, except that said building shall emphasize the corner location by placing the Principal Entrance at the corner, incorporating additional height at the corner, varying the roof form DEERFIELD FORM-BASED CODE – V6 AS ADOPTED City of Milton April 22, 2013 25 at the corner, or providing other architectural embellishments at the corner. iii. First Story Facades of all buildings shall incorporate columns, awnings, arcades, porches, stoops, windows, doors, or other architectural elements as established by Private Frontage in Table 8. iv. Facades shall provide visual divisions between the first and second stories through architectural means such as courses, awnings, or a change in primary façade materials or colors. v. Facades above the first Story shall incorporate windows, arches, balconies, or other architectural details. vi. Buildings taller than two stories shall have two- or three-part Facades. Horizontal zones in the Facade may be differentiated by a change in materials, color, window pattern, or window material, or by a cornice or course. vii. A two-part façade shall consist of: a Base zone (first Story) b. Shaft zone (all other stories) viii. A three-part façade shall consist of: a. Base zone (first Stories) b. Shaft zone (middle Stories) c. Cap zone (upper Stories or cornice) d. Additional Non-Enfronting Facade requirements. i. First Story Facades of all buildings shall comply with the requirements set forth for Enfronting First Story Facades or may also provide panels, murals, and similar architectural details. ii. Facades above the first of all buildings shall incorporate windows, arches balconies, or other architectural details. 4.16.5 Specific to Commercial, Mixed-Use, and Apartment buildings - Facade materials a. No more than three different materials, textures, colors, or combinations thereof may be used on a single building. This requirement shall no include materials used on windows, doors, porches, balconies, foundations, awnings, architectural details, or those required by Warrant in lieu of windows and doors as set forth in Section 4.16.4(a)(ii). b. Materials may be combined only horizontally, with the heavier below the lighter. c. Vinyl or aluminum siding, synthetic stone, exposed standard concrete masonry unit (CMU) block, corrugated steel, prefabricated metal, exposed plywood, and exposed pressboard are prohibited. d. Exterior materials of buildings along Morris Road, Webb Road, and Deerfield Parkway shall be limited to brick, stone, pre-cast concrete, wood, glass, or granite. e. Exterior materials of buildings not along Morris Road, Webb Road, and Deerfield Parkway shall be limited as follows. Vertical wall planes shall consist of a minimum of 60% of brick or natural stone, and a maximum of 40% tile, non-reflective glass, natural stone with weathered, polished or fluted face, hard coat stucco, architectural concrete masonry with fluted, split-face, or broken-face finish, Portland cement plaster and lath systems, architectural (either precast or tilt-up) concrete (fluted or with exposed aggregate finish), or fiber cement siding. f. Accessory Structures shall be consistent with the Principal Building in material, texture, and color. g. Enfronting first Story windows and door glass shall be clear or tinted. Tinted glass shall have a transmittance factor of 50% or greater and shall have a visible light reflectance factor of ten or less. h. All window frames shall be recessed a minimum of 2 inches from the exterior Facade. DEERFIELD FORM-BASED CODE – V6 AS ADOPTED City of Milton April 22, 2013 26 i. Foundations, where provided, shall be constructed as a distinct building element that contrasts with Façade materials. Exposed above-ground foundations shall be coated or faced in cement, stucco, brick, manufactured stone, or natural stone to contrast with façade materials. 4.16.6 Specific to Commercial, Mixed-Use, and Apartment buildings – colors Permitted colors for exterior walls, building components, accent and decorative elements shall be as follows. Numbers refer to the Pantone Matching System, an international colormatching system a. White b. Black c. Browns, beiges and tans i. 462C - 468C ii. 4625C - 4685C iii. 469C, 474C, 475C iv. 4695C - 4755C v. 478C vi. 719C - 724C vii. 725C - 731C viii. 476U - 482U ix. 719U - 725U x. 726U - 732U e. Reds i. 483C, 484C ii. 7411C - 7414C iii. 7515C - 7519C iv. 7522C - 7526C f. Grays i. 400C - 432C g. Greens i. 553C - 554C ii. 560C - 561C iii. 614C - 616C iv. 3302C - 3305C v. 3295C, 342C, 343C, 3435C, 356C, 357C vi. 5467C - 5527C vii. 3305U, 3308U, 335U viii. 336U, 341U - 343U 4.16.7 Specific to Commercial, Mixed-Use, and Apartment buildings – roofs a. Specific to zones T2, T3, T4 i. Flat roofs shall be screened from the view of public and private streets by a parapet. ii. Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature. iii. Roof-mounted mechanical equipment, vents and stacks shall be screened from view from all sides. iv. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, DEERFIELD FORM-BASED CODE – V6 AS ADOPTED City of Milton April 22, 2013 27 standing seam metal, and wood shake. v. Townhouse and duplex building rooflines shall exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines shall be varied. Mansard roofs are not permitted. vi. Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described in Section 4.16.5. b. Specific to zones T5, T6 i. Any appurtenances that must be roof-mounted shall be located and screened so they are not visible from any point at ground level. Where possible, the appurtenances shall be grouped and enclosed by screens that are designed to be compatible with the building architecture. The screens shall be set back from the roof edge at a distance of no less than their height. ii. All rooftop appurtenances shall be painted to be compatible with the building architecture. iii. Rooftop solar collectors, skylights, and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views of other sites and structures. Said elements shall also be screened from view from all sides. iv. Roofing material and color shall be compatible with building and surroundings. 4.16.8 Specific to Townhouses a. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking. b. No more than three adjacent Townhouse units shall have identical Facades. Differentiation between adjacent Facades may be accomplished by a change in materials, building height, color, roof form or setbacks, provided that the appearance of a separate building is achieved. c. Townhouses located in any T-Zone shall comply with the Facade standards set forth in Section 4.16.5 for Commercial, Mixed-Use, and Apartment buildings or Section 4.16.9(b) for Single-Family houses. 4.16.9 Specific to Single-Family Houses a. Single-family houses located in Zone T5 or T6 may comply with the standards set forth below or those set forth in Sections 4.16.4 through 4.16.7 for Commercial, Mixed-Use, and Apartments buildings. b. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking. c. Materials i. No more than three different exterior materials, exterior colors, or any combination thereof may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details. ii. Materials may be combined on exterior walls only horizontally, with the heavier below the lighter. iii. Exterior material shall be limited to brick, natural stone with or without mortar, clapboard, board and batten, hard-coat stucco, or wood shingles. iv. Vinyl or aluminum siding and synthetic stone veneer are prohibited. v. Hard-coat stucco shall be a 3-coat plaster finish, integral finish, applied on brick or concrete block; control joints shall be concealed where possible. vi. Clapboards and board and battens shall be wood or cementitious board. Cementitious board less than five-eighths of an inch thick shall have a 4 inch maximum exposure, while cementitious board DEERFIELD FORM-BASED CODE – V6 AS ADOPTED City of Milton April 22, 2013 28 thicker than five-eighths or full three-quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. vii. Wood shingles shall be level at the bottom edge. d. Foundations i. Foundations shall be constructed as a distinct building element that contrasts with Façade materials. ii. Foundations shall be constructed of poured concrete or concrete masonry units. iii. Foundations may be finished with smooth stucco, brick, or stone. e. Windows i. Windows shall have sash with a minimum face width of 2 inches; the dimension of the glass surface to sash and muntin face shall be a minimum of three-quarter of an inch. ii. Non-glass exterior window components shall be faced in wood, clad wood, or polymer materials, and said materials shall be paint grade or pre finished. iii. Doors and windows that operate as sliders are prohibited along Frontages. f. Chimneys i. Chimney stacks shall be faced in smooth integral finish stucco or, brick, stone, or detailed as exposed metal flues. ii. Siding or stucco board is prohibited as a finish material for chimneys. g. Stoops and porches i. A stoop or porch shall be provided along the Principal Frontage. ii. No stoop or porch along any Frontage shall be enclosed with screen wire, plastic, glass, mesh, or similar materials. iii. All porch and stoop steps along any Frontage shall have enclosed risers. iv. Porch and stoop columns shall have a minimum width of 8 inches. h. Roofs i. Flat roofs are prohibited. ii. Roofs shall have a pitch of between 5:12 and 12:12. This does not apply to dormers, porches, or porches. iii. Roofs shall include eaves projecting between 12 and thirty 36 inches. NOT FOR PRODUCTION OR MI MATING 1 V-0" 1132") FENCE OVERALL LENGTH O � O O SIGNS WWW.RCSIGNS.COM O n W 3W= 1 i-0" SECTION A / FENCE MATERLALS: I " x b" ROUGH SAWN CEDAR PLANKS, 3,Smx 3.5k ROUGH SAWN CEDAR POSTS W/ EXPOSED T H R U BOLTS 4'=3.14" {S G.194"} COPY FI NISi4, (WOOD) CLEAR SATIN FINISH. CLEAR STAIN OR OIL, (BOLTS) SATIN BLACK 3 SECTION R 1 LOGO PANEL SURSTPATE. HDU, ROUTED (OUTER EDGE REVELED W! RNSED INTERIOR PANEL, GOLD INSET BORDER AND HORSE ARE PAIS ED. THE RE- AINDER IS ROUTED OUT +i a oe - - - THICKNESS: 1.5" BACKER PAN EL- 0-12.5" ALUMINUM FINISHES- SATIN BLACK. P1P20505 COPPER METALLIC, SATIN ._ MOUNTING: BOLTS THRU FENCE INTO BACK CSF PANEL ^'I SECTION C { COPT - SUBSTRATE: ALUMINUM THICKNESS: 0.25' FINISH: (COPY & FASTERNERS) MP20SOS COPIER METALLIC. SATIN MOUNTING: FAMNERSTHRU ALUMIhILlM PAN EL INTO FENCE PLANK IL IL SCOPE OF WORK- FABRICATE & INSTALL (1 ) ONE SF NON ILLUMINATED FREESTANDING WELCOME SIGN 915 BRANCH DRIVE ALPHARETTA, GA 30004 PHONE: 770.569.5454 FAX: 770.569.5456 Notice to the Customer Note: The colors depicted on this rendering may not match actual colors used on the finished display. Please refer to the detail drawing for the approved color specifications. Note: The cost of providing electrical wiring to the sign area, all required permits and all special inspections are not included in this sign proposal. Note: The proportion of signs shown on building and landscape area photos is an approximate representation. This drawing was created to assist you in visualizing our proposal. The original ideas herein athe property © COPYRIGHT 2 01 I re of RC Signs. Permission to copy or revise this drawing can only be obtained through a written agreement with RC Signs. See your sales representative or call RC Signs CUSTOMER APPROVAL ❑ ACCEPTED W/ NO CHANGES ❑ ACCEPTED W/ CHANGES AS NOTED ❑ REVISE AS NOTED AND RESUBMIT BY CUSTOME1 BY LANDLORD DATE DATE DATE BY FIRM NAME / LOCATION ADDRESS .II BL CITY OF MILTON WELCOME SIGN PROJECT ADDRESS: SALESPERSON: SERENA JOHNSTON 110102 FILE PATH: graphics / city of milton /welcome sign FILE NAME: 1 10109 CITY OF MILTON (FREESTANDING WELCOME SIGN) 09.16.11 By signing this drawing document, I understand that I am not obligated to purchase this project, notwithstanding, the above artwork cannot be submitted for pricing, duplication PAGE # C and/or manufacturing to another sign company, architectural company or other business entity for the purpose or intent of manufacturing or for use as intellectual property, NAM E DATE 1 O r 2 such as, but not limited to, a company logo, unless the represented logo was provided to RC Signs by the customer and input into this drawing document by a RC Signs employee. NOT FOR PRODUCTION OR ESTIMATING 0 1 I'=0 f 1321 FENCE OVERALL LENGTH I m 5H 31 SIGNS WWW.RCSIGNS.COM SIGN A / SF NON ILLUMINATED FREESTANDING WELCOME SIGN OPTION#2 34'= 1'4' SEC'T'ION A / FENCE MATERIALS: I "x 6- ROUGH SAWN CEDAR PLANKS. 3_S"x 3.5" ROUGH SAWN CEDAR POSTS Wi-E POSEp THRU BOLTS FINISH: (WOOD) CLEAR SATIN FINISH, CLEAR STA11N OR 01L, (BOLTS) SAM BLACK SECTION B / PANEL SUBSTRATE- HDU, ROUTED, OUTER EDGE BEVELED, INSET 13ORDERAND COPS' AI -I'V` RO.UTEO OUT PAINT SCHEDULE THICKNESS- I.5" BACKER PANEL: 0.12S` ALUMINUM FINISHES: SATIN BLACK. MP20SOS COPPER METALLIC. SATIN MOUNTING: BOLTS THRU FENCE INTO BACK OF PANEL P I I GLOSS BLACK SECTION C 1 LOGO P2 I SATIN I3 CA FINISH: PAINT GLOSS BLACK - SCOPE OF WO FABRICATE & INSTALL (1) ONE SF KION ILLUMINATED FREESTANDING WELCOME SIGN ` 915 BRANCH DRIVE ALPHARETTA, GA 30004 PHONE: 770.569.5454 FAX: 770.569.5456 Notice to the Customer Note: The colors depicted on this rendering may not match actual colors used on the finished display. Please refer to the detail drawing for the approved color specifications. Note: The cost of providing electrical wiring to the sign area, all required permits and all special inspections are not included in this sign proposal. Note: The proportion of signs shown on building and landscape area photos is an approximate representation. This drawing was created to assist you in visualizing our proposal. The original ideas herein athe property © COPYRIGHT 2 01 I re of RC Signs. Permission to copy or revise this drawing can only be obtained through a written agreement with RC Signs. See your sales representative or call RC Signs CUSTOMER APPROVAL ❑ ACCEPTED W/ NO CHANGES ❑ ACCEPTED W/ CHANGES AS NOTED ❑ REVISE AS NOTED AND RESUBMIT BY CUSTOMEI BY LANDLORD DATE DATE ".fes P3 ! I -I CUr- r1=R k"IETALLIC, SA1TLN P4 i CLrAR SATIN OR OIL DATE BY FIRM NAME / LOCATION ADDRESS .II BL CITY OF MILTON WELCOME SIGN PROJECT ADDRESS: SALESPERSON: SERENA JOHNSTON 110102 FILE PATH: graphics / city of milton /welcome sign FILE NAME: 110109 CITY OF MILTON (FREESTANDING WELCOME SIGN) 09.16.11 By signing this drawing document, I understand that I am not obligated to purchase this project, notwithstanding, the above artwork cannot be submitted for pricing, duplication PAGE # C and/or manufacturing to another sign company, architectural company or other business entity for the purpose or intent of manufacturing or for use as intellectual property, NAM E DATE 2 O r 2 such as, but not limited to, a company logo, unless the represented logo was provided to RC Signs by the customer and input into this drawing document by a RC Signs employee. FarnCiS acew-i' -{0 4xV q-;,{v�Gcv¢lcj�ed 1. 5, itGPF 5 �. 4 AceEs. c:L1YT70 CA.C±�' A : i spit LAI Afi-m r ,ran a� �j, 4 AceEs kvES Yale, 3 r ;,., • . rho � �' , / �" ' � ` k 111 �� �.� � •) c �.. I. a oft IJ r j"I 11 i 'i I I' I i —;-Am A 54A 34, yip Alk 11, 12. 13, It 5 A( P -e5. A 2. o A-C-ZC5 14, Acf--C�5 Page 6 wi A �?IV • .mak �, � � �rtr.� ASE A cP-Es 156 Paye i1 CITY of MILTIN %wo Under ck&e to F* e ri-I or ISSuCd LAOJ I)iS+Ar 6;t cx- a rer)K;f u E HOMEOF'- ,i,w' M I LTON't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 9, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZl6-07 - To Amend the AG -1 (Agricultural) District Regarding Paved and Unpaved Roads in Chapter 64, Article VI, Division 2, in Sec. 64-416. Development Standards. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (44ES () NO CITY ATTORNEY REVIEW REQUIRED: VYES () NO APPROVAL BY CITY ATTORNEY. (,APPROVED /J NOT APPROVED PLACED ON AGENDA FOR: a/101101b REMARKS: STAFF RECOMMENDS DEFERRAL PENDING ADDITIONAL INFORMATION. NO SUPPORTING DOCUMENTS ARE PROVIDED. © 678®.2500 FAX: 678.242.2499 GI'2211� a,*c ep' F:t- Info@aifyofmiltonga.us l w xltyofmillongo.us �� Communi 13000 Deerfield Parkway, Suite 107 Milton GA 30004 ' - ty• y HOMEOF' M I LTO" N' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: december 9, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ16-08 - To Amend the Definitions Regarding Paved and Unpaved Roads in Chapter 64, Article I, in Sec. 64-1. Definitions. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (/ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.YES (J NO CITY ATTORNEY REVIEW REQUIRED: (YES NO APPROVAL BY CITY ATTORNEY: (yAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: !Z11006 REMARKS: STAFF RECOMMENDS DEFERRAL PEINDING ADDITIONAL INFORMATION. NO SUPPORTING DOCUMENTS PROVIDED. ©* You( PNONE: 678.242.25001 FAX: 678.242.2499 Infe0city0fmiMongams I w .eHyoimilfonge.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 war Community a HOMEOF' - - M I LTON' ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 9, 2016 FROM: Steven Krokoff, City Manager a AGENDA ITEM: Discussion Regarding Amending Chapter 50, Article III, Division 1, Sec. 50-71 Compliance with City Procedures and Guidelines Required. (Paved and Unpaved Roads.) MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (VAPPROVED /) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.%AYES (J NO CITY ATTORNEY REVIEW REQUIRED: (,YGES () NO APPROVAL BY CITY ATTORNEY: („{APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 11I )9/W4 REMARKS: STAFF RECOMMENDS DEFERRAL PENDING ADDITIONAL INFORMATION. NO SUPPORTING DOCUMENTS PROVIDED. y Your - PHONE: 678.242.25001 FAX: 678.242.2499 '��Gr`e`ee v loam`* info®eityofmiMonga.usIw .aRyofmiflonga.us ��.��nee Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ? - "oi HOi ME OF'THE BEST QUALITY OF LIFE IN GEORGIA' N*k MILTOESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 9, 2016 FROM: Steven Krokoff, City Manager 49) AGENDA ITEM: Consideration of a Resolution to Create the Milton Equestrian Committee (MEC). MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (/APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (y YES (J NO CITY ATTORNEY REVIEW REQUIRED: (- ES () NO APPROVAL BY CITY ATTORNEY: (44PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: r t1191'2Wb REMARKS: © * you= PHONE: 678.242.25001 FAX: 678.242.2499 ®`Green _ s 1nfo@clfyofmiltonga.uc l w .cByofmlltenga.u: wnnun Community i � 130DO Deerfield Parkway, Suite 107 1 Milton GA 30004 SRI - °�^• • • •a=�:= - '�+c Page 1 of 3 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION TO CREATE THE MILTON EQUESTRIAN COMMITTEE (MEC) WHEREAS, the City of Milton would like to introduce and manage equestrian initiatives to enhance the quality of life for its residents and business community; and WHEREAS, the City of Milton would like to encourage local exploration, generate civic pride, increase tourism, and showcase local equestrian land, equestrian business, and equestrian initiatives; and WHEREAS, the City of Milton City Council directed staff to create an Equestrian Committee on August, 08, 2016; and WHEREAS, The City of Milton has determined that the creation of an Equestrian Committee, with a seven-member governing board, appointed by the Mayor and City Council of Milton, GA, to advocate for, promote, and participate in the selection and interpretation of equestrian work and equestrian events, to encourage local exploration, generate civic pride, increase tourism for the city, and showcase equestrian land, equestrian businesses, and equestrian initiatives, is in the best interest of the citizens of the City of Milton; NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL, THAT: 1. Creation. There is hereby created the Milton Equestrian Committee (“MEC”) to serve as the official citizen’s committee of the City of Milton with respect to equestrian initiatives. The mission of the MEC shall be “to advocate for, promote, and participate in the selection and interpretation of equestrian initiatives and equestrian events, to encourage local exploration, generate civic pride, increase tourism, and showcase local equestrian land, equestrian businesses, and equestrian initiatives.” 2. Membership. Membership on the MEC shall include those voting members appointed to the governing Board of Directors as described in paragraph 3, below, and any non-voting volunteers appointed by the Board to the MEC as described in paragraph 6, below. Page 2 of 3 3. Governance. MEC governance shall be provided by a seven-member Board of Directors. Each of the initial members of the Board of Directors shall be nominated by the Mayor or an individual member of City Council and approved by the Mayor and City Council. Thereafter, members shall be nominated by the Board of Directors and approved by the Mayor and City Council in accordance with paragraph 4, below. Members of the Board of Directors must maintain their primary residence in the City of Milton and will be an At-Large appointee of the Mayor or Council Member nominating them. Members of the Board of Directors must be a resident of the City of Milton, be at least 21 years of age, and either personally own one or more horses or own land which has maintained one or more horses during the duration of a consecutive six month period prior to the time of appointment. Members of the MEC Board of Directors shall undertake their respective duties in a volunteer capacity and shall not be compensated for any time or expenses associ ated with any assignment or function with respect to the MEC. 4. Term. Members of the MEC Board of Directors shall be appointed to terms of two years while they remain eligible and are willing to serve. Upon the natural expiration of their term, members of the Board of Directors shall continue to serve until a replacement is nominated by the Board of Directors and approved by the Mayor and City Council. Members of the Board of Directors may be appointed to serve an unlimited number of terms. Members of the Board of Directors may be removed by a majority vote of the MEC Board of Directors based on a finding of (1) malfeasance or misfeasance in carrying out official functions, (2) unwillingness to carry out official functions, (3) unreasonable number of absences from meetings and/or official events, (4) any other act or omission that would lead a reasonable person to conclude the member is unfit for continued service on the Board of Directors. Upon the natural expiration of their term, or should any member of the MEC Board of Directors be unable to fulfill their duties for any reason, the MEC Board of Directors shall nominate a new member to be approved by the Mayor and City Council. 5. Conduct of Business. The MEC Board of Directors shall meet at regular intervals as necessary to perform the tasks and duties associated with MEC’s mission, including recommending actions to the city staff or Mayor and City Council. The Board of Directors shall elect a chairman, vice - chairman, and secretary by majority vote to assist in the conduct of its business. The Board of Directors may establish and appoint representatives to as many committees and sub-committees as are determined by the Board to be necessary for the accomplishment of MEC’s mission. The MEC Board of Directors may adopt bylaws and/or rules of procedure governing the conduct of its meetings; Roberts Rules of Order, latest edition, shall apply in the event that no bylaws or rules cover a particular issue regarding conduct of the Board’s business. 6. Volunteer Members. The MEC Board of Directors shall be authorized to provide for volunteers to assist in accomplishing MEC’s mission. Such volunteers shall be non -voting MEC members, shall undertake their respective duties in a volunteer capacity, and shall not be compensated for any time or expenses. 7. Staff. Staff of the City of Milton may attend the meetings of the MEC but shall hold no official capacity of the committee. 8. Logo. The MEC Board of Directors may adopt an official logo for the MEC. Page 3 of 3 SO RESOLVED, this 19th day of December, 2016. ___________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk HOME OF'THE BEST, M I L I1 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: ember 14, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Intergovernmental Agreement Between Forsyth County and the City of Milton for the Provision of Fire - Rescue and Police Services to Certain Property Located within Forsyth County. MEETING DATE: Monday, December 19, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,IAAPPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-j'YES () NO CITY ATTORNEY REVIEW REQUIRED: Q'GES () NO APPROVAL BY CITY ATTORNEY: (,J/APPROVED PLACED ON AGENDA FOR: 11117/74 REMARKS: () NOT APPROVED E y YOU= PHONE: 678.242.25001 FAX: 678.242.2499 Green *�* IMo@eeltyofmitfonga.uswww.eHyormiHm onga.us Comunsi s'.d • 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - _••*„.o •••.>” �o� 1 INTERGOVERNMENTAL AGREEMENT BETWEEN FORSYTH COUNTY AND THE CITY OF MILTON FOR THE PROVISION OF FIRE-RESCUE AND POLICE SERVICES TO CERTAIN PROPERTY LOCATED WITHIN FORSYTH COUNTY COME NOW FORSYTH COUNTY, GEORGIA, a political subdivision of the State of Georgia acting by and through its Board of Commissioners (“FORSYTH COUNTY”), and the CITY OF MILTON, GEORGIA, a Georgia municipal corporation acting by and through its Mayor and City Council (“CITY OF MILTON”), with FORSYTH COUNTY and the CITY OF MILTON being collectively referred to as the “Parties,” and hereby enter into this Intergovernmental Agreement Between Forsyth County and the City of Milton for the Provision of Fire-Rescue and Police Services to Certain Property Located within Forsyth County (the “Agreement”), effective as of this ____day of _______________, 2016 (the “Effective Date”), that will govern the Parties’ responsibilities and obligations in providing fire-rescue and police services to the Property (defined below) which is located in FORSYTH COUNTY. W I T N E S S E T H: WHEREAS, a residential development is proposed on certain property referred to as the Cottages at the Manor (the “Property,” a map of which is provided at Exhibit A, attached hereto and incorporated herein by reference) located in FORSYTH COUNTY just outside the city limits of the CITY OF MILTON; WHEREAS, the Parties agree that, although FORSYTH COUNTY provides fire-rescue and police services within the jurisdiction of FORSYTH COUNTY generally, the Property is not readily accessible to emergency responders by FORSYTH COUNTY roads and is only accessible from within the city limits of the CITY OF MILTON; WHEREAS, based upon the unique location and access into the Property, the Parties agree that it is appropriate for the CITY OF MILTON to provide fire-rescue and police services to the 2 Property; WHEREAS, the CITY OF MILTON agrees to provide fire-rescue and police services to the Property; WHEREAS, this Agreement is necessary to set forth the authority for the CITY OF MILTON to provide such fire-rescue and police services to the Property; and WHEREAS, this Agreement is authorized pursuant to Article IX, Section II, Paragraph III(b)(1) of the Constitution of the State of Georgia of 1983. NOW, THEREFORE, in consideration of the mutual promises of the Parties and the mutual benefits flowing from each Party to the other, and other good and valuable consideration exchanged, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I SCOPE OF SERVICES Section 1.0 Scope of Services. The Parties agree that this Agreement will apply to and govern the CITY OF MILTON’S provision of fire-rescue and police services (“Services”) to the Property as it exists as of the Effective Date of this Agreement and as such Property may be further subdivided and developed thereafter. Section 1.1 Agreement to Provide and Accept Fire and Police Services. The CITY OF MILTON hereby agrees to provide Services to the Property and FORSYTH COUNTY hereby authorizes the delivery of such Services within its jurisdictional boundary. Nothing within this Agreement shall be interpreted or construed as diminishing in any way the authority of FORSYTH COUNTY public safety personnel, to include the FORSYTH COUNTY Fire Department and/or the FORSYTH COUNTY Sheriff’s Office, to provide public safety 3 services to the Property. The provision of any Services by any Party as contemplated under this Agreement shall be at no cost to the other Party. Section 1.2 Parties to Retain Liability for Own Actions. The Parties agree that each will be responsible for its own liability caused by the acts or omissions of its own officers, agents, or employees acting under this Agreement, and that reasonable and good faith insurance coverage shall be separately maintained by both Parties providing indemnity coverage for public safety operations. By way of further emphasis, the CITY OF MILTON will be responsible for its own liability obligations when providing Services to the Property and, likewise, FORSYTH COUNTY will be responsible for its own liability obligations when providing Services to the Property. Section 1.3 Coordination with Local 911 Centers. The Parties will coordinate with pertinent emergency 911 centers at public safety answering points so that the appropriate first responder may be dispatched when emergency calls for Services to the Property are requested. Section 1.4 First Responders/Cooperation. It is the expectation of the Parties to this Agreement, that the CITY OF MILTON public safety officials will be first responders with respect to fire-rescue and police calls at the Property. That expectation notwithstanding, the Parties hereto agree to cooperate in good faith in the delivery of Services to the Property and nothing set forth in this Agreement will diminish in any way the authority of the FORSYTH COUNTY Sheriff’s Office or FORSYTH COUNTY arson investigators to fulfill their respective investigative/law enforcement functions on the Property, either in conjunction with the CITY OF MILTON or independent thereof. 4 ARTICLE II TERM OF AGREEMENT Section 2.0 Fifty-Year Term. The Term of this Agreement shall commence upon the Effective Date and shall continue for a period of fifty (50) years, as allowed by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, or until otherwise amended, modified and/or terminated by and between the Parties. Prior to the expiration of the term of this Agreement, the Parties hereby agree to use their best efforts to renegotiate this Agreement so as to arrive at terms pursuant to which the Property will continue to receive Services. ARTICLE III TERMINATION OF AGREEMENT Section 3.0 Right to Terminate. This Agreement may be terminated by either Party prior to its stated expiration date upon thirty (30) days prior notice. ARTICLE IV GENERAL PROVISIONS Section 4.0 Enforcement; Waiver. The failure on the part of any Party to enforce any provision of this Agreement shall not be construed as a waiver of that Party’s rights to enforce such provisions in the future. A waiver of any term of this Agreement on the part of any Party in one case shall not be construed as a waiver in any other and shall not affect any other term of this Agreement. Section 4.1 Assignment. This Agreement shall not be assigned by any Party without the prior written consent of the other Party. 5 Section 4.2 Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the CITY OF MILTON’S and FORSYTH COUNTY’S respective successors, heirs and assigns. Section 4.3 Entire Agreement. This Agreement contains the entire agreement between the Parties hereto and supersedes all pervious or contemporaneous communications, representations, or agreements pertaining to the subjects addressed herein. Section 4.4 Recordkeeping. The Parties agree to retain all documents and information pertaining to the Services provided hereunder in accordance with any and all applicable local, state or federal laws and shall make all such documents and information available to each other upon request. Section 4.5 Notices. All notices, requests, demands, writings, approvals, consents, waivers or other communications 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 calendar 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 Parties at the addresses provided below or at a substitute address previously furnished to the other Parties by written notice in accordance herewith. Notices required to be given to FORSYTH COUNTY pursuant to this Agreement shall be addressed as follows: Chairman Forsyth County Board of Commissioners 110 East Main Street Cumming, Georgia 30040 6 With copies to: Forsyth County Manager 110 East Main Street Cumming, Georgia 30040 Notices required to be given to the CITY OF MILTON pursuant to this Agreement shall be addressed as follows: Mayor City of Milton Milton City Hall 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 With copies to: Milton City Manager Milton City Hall 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Section 4.6 Governing Law. This Agreement shall be construed and governed 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. Section 4.7 No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third-parties with any remedy, claim, liability, reimbursement, cause of action, or other right. Section 4.8 Uncontrollable Circumstances. The performance or non-performance of any term or provision of this Agreement shall be excused if the Party is reasonably precluded from such performance by the occurrence of an uncontrollable circumstance. Such excuse of performance or non-performance shall be only to the minimum extent reasonably forced on such Party by such event, and that Part y shall continue to 7 perform all other duties and responsibilities hereunder. A Party relying on the occurrence of an uncontrollable circumstance as an excuse for non-performance of a duty required by this Agreement shall, as soon as is reasonably possible upon becoming aware of such an event and its consequences, notify the other Party of same and shall take all reasonable efforts to eliminate the cause of such non-performance and to resume full performance in accordance with this Agreement. Section 4.9 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original. It shall not be necessary that each signatory sign the same counterpart, provided, however, that each has signed an identical counterpart. Section 4.10 Authority to Enter Agreement. Each of the individuals who execute this Agreement on behalf of the respective Parties agree and represent that they are authorized to do so and further agree and represent that this Agreement has been duly passed upon by the required governmental agency or board in accordance with all applicable laws. The Parties hereto agree that this Agreement is an intergovernmental contract, and is entered into pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983. Section 4.11 Amendment of Service Delivery Strategy. Each Party agrees to cooperate fully with the other in amending its Service Delivery Strategy (required pursuant to O.C.G.A. § 36-70-20, et seq.), to the extent such amendment is necessary as a result of this Agreement. Section 4.12 Severability. If one or more of the provisions of this Agreement is held or declared to be illegal or invalid, that illegality or invalidity shall not affect any other provision of this Agreement, and this 8 Agreement will be construed and enforced as if the illegal or invalid provision had not been contained in it. Section 4.13 Title VI Compliance. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Parties agree that, during performance of this Agreement, the Parties, for themselves, their assignees and successors in interest, will not discriminate against any employee or applicant for employment, any contractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the Parties agree to comply with all applicable implementing regulations and shall include the substance of this Section in every contract for services contemplated under this Agreement. Section 4.14 Section Headings. All section headings herein are inserted for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Section 4.15 Agreement Construction and Interpretation. Each Party represents that it has reviewed and become familiar with this Agreement and has notified the other Parties 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 interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as 9 “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Section 4.16 Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. Section 4.17 E-Verify Compliance. Both Parties hereto agree to comply with all obligations and requirements of O.C.G.A. § 13-10-91 as it pertains to securing necessary E-Verify certifications, affidavits and compliance, and shall ensure that affidavits as are attached as Exhibits B and C shall be executed for any contractor or subcontractor providing Services under or associated with this Agreement. [signatures on the following page] 10 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal effective as of the Effective Date first above written. FORSYTH COUNTY, GEORGIA ATTESTED: By: Sonya Bush Ralph J. Amos, Chairman County Clerk Board of Commissioners APPROVED AS TO FORM Office of the County Attorney CITY OF MILTON, GEORGIA ATTESTED: By: Sudie Gordon Joe Lockwood, Mayor City Clerk City Council APPROVED AS TO FORM Office of the City Attorney 11 EXHIBIT A Map of the Property 12 13 EXHIBIT B STATE OF GEORGIA COUNTY OF __________________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, _______________________________ (government entity) verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that it is engaged in the physical performance of services with 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 will continue to use the federal work authorization program throughout the contract period and the undersigned will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit with the information required by O.C.G.A. § 13-10-91(b). The undersigned hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Local Government Entity _________________________________ Name of Project _________________________________ 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: _________________________________ 14 EXHIBIT C STATE OF GEORGIA COUNTY OF ____________________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _____________________ (government entity) working with 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 Primary 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 Primary Contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. 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: ______________________________