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Agenda Packet CC - 03/04/2019 - City Council Meeting Agenda Packet
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, March 4, 2019 Regular Council Meeting Agenda 6:00 PM INVOCATION – Sarah LaDart 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-033) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 4, 2019 Page 2 of 5 6) CONSENT AGENDA 1. Approval of the January 7, 2019 City Council Meeting Minutes. (Agenda Item No. 19-034) (Sudie Gordon, City Clerk) 2. Approval of the January 23, 2019 City Council Meeting Minutes. (Agenda Item No. 19-035) (Sudie Gordon, City Clerk) 3. Approval of the February 4, 2019 City Council Meeting Minutes. (Agenda Item No. 19-036) (Sudie Gordon, City Clerk) 4. Approval of the February 20, 2019 City Council Meeting Minutes. (Agenda Item No. 19-037) (Sudie Gordon, City Clerk) 5. Approval of the Financial Statements and Investment Report for the Period Ending January 2019. (Agenda Item No. 19-038) (Bernadette Harvill, Finance Director) 6. Approval of a Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Halftime Sports LLC. (Agenda Item No. 19-039) (Jim Cregge, Parks and Recreation Director) 7. Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between the City of Milton and Hopewell Youth Association. (Agenda Item No. 19-040) (Jim Cregge, Parks and Recreation Director) 8. Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between the City of Milton and Milton Mustangs Swim Team. (Agenda Item No. 19-041) (Jim Cregge, Parks and Recreation Director) 9. Approval of a Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Milton Tennis Center. (Agenda Item No. 19-042) (Jim Cregge, Parks and Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 4, 2019 Page 3 of 5 10. Approval of a Parks and Recreation Department Agreement for Outside Providers between The City of Milton and North Georgia Recreation, Inc. (Agenda Item No. 19-043) (Jim Cregge, Parks and Recreation Director) 11. Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and Eagle Stix Rec Inc. (Agenda Item No. 19-044) (Jim Cregge, Parks and Recreation Director) 12. Approval of a Contract between the City of Milton and Utility Associates, Inc., for the Purchase of an In-Car and Body Worn Camera System for the Police Department. (Agenda Item No. 19-045) (Rich Austin, Police Chief) 13. Approval of an Agreement between the City of Milton and Vox Artium Foundation, Inc. Regarding Responsibilities and Obligations Related to the Co-Hosting of Milton Rock For Rescues Festival. (Agenda Item No. 19-046) (Courtney Spriggs, Community Outreach Manager) 14. Approval of a Swimming Pool Management Agreement - Change Order #1 between the City of Milton and Dynamo Pool Management, Inc. (Agenda Item No. 19-047) (Jim Cregge, Parks and Recreation Director) 15. Approval of a Construction Services Agreement between the City of Milton and TriScapes Inc. - 12902 Waterside Drive Manhole Project. (Agenda Item No. 19-048) (Sara Leaders, Interim Public Works Director) 16. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Wavelength Learning Group, Inc. (Agenda Item No. 19-049) (Jim Cregge, Parks and Recreation Director) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Brownwood Farm for Standard Smooth Dachshund Best in Breed 2019 Westminster Champion. (Presented by Councilmember Laura Bentley) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 4, 2019 Page 4 of 5 2. Proclamation Honoring Northwestern Middle School Student Jaden Martin-Burgess for His Heroic Efforts. (Presented by Mayor Joe Lockwood) 3. Oath of Office by Mayor Lockwood to new Firefighter Sidney Davis. (Presented by Robert Edgar, Fire Chief) 8) FIRST PRESENTATION 1. Consideration of RZ19-01 - Amendment to Sec. 64-1 - Definitions and Section 64-395 - Uses Prohibited in all Zoning Districts as it relates to Vape Shops. (Agenda Item No. 19-050) (Parag Agrawal, Community Development Director) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. Consideration of a Resolution of the City of Milton, Georgia Opposing House Bill 302, Preemption of Local Building Design Standards. (Agenda Item No. 19-051) (Ken Jarrard, City Attorney) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Fire 3. Economic Development 14) EXECUTIVE SESSION (if needed) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 4, 2019 Page 5 of 5 15) ADJOURNMENT (Agenda Item No. 19-052) MILTON, k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 25, 2019 FROM: Steven Krokoff, City Manager a AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending January 2019. MEETING DATE: Monday, March 4, 2019 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: (J YES (,I -NO CITY ATTORNEY REVIEW REQUIRED: (J YES (,KNO APPROVAL BY CITY ATTORNEY: (J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 25, 2019 for the March 4, 2019 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 4 – January 2019 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 8.10% over what is anticipated for the fourth period of the fiscal year. Total expenditures to-date are $9,471,039 and are 6.71% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,160,603, capital expenditures-to-date total $1,326,194. Please note that the financial statements for capital related funds now include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending January 2019 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 11,850,115 98,495 119,252 (20,757) 11,420,578 10,801,092 619,486 Motor Vehicle Tax 462,045 44,621 38,187 6,434 142,170 114,561 27,609 Intangible Tax 215,000 19,846 17,917 1,929 54,000 53,750 250 Real Estate Transfer Tax 100,000 8,744 8,333 411 24,903 25,000 (97) Franchise Fees 2,039,340 335,359 447,885 (112,526) 472,546 447,885 24,661 Local Option Sales Tax 9,100,000 923,688 758,333 165,355 2,552,994 2,275,000 277,994 Alcohol Beverage Excise Tax 310,000 27,853 25,833 2,020 82,445 77,500 4,945 Business & Occupation Tax 810,000 112,572 40,500 72,072 117,908 81,000 36,908 Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 40,000 - - - - - - Penalties & Interest 22,000 3,680 975 2,705 10,630 5,900 4,730 Alcohol Beverage Licenses 155,000 14,300 9,300 5,000 162,917 147,250 15,667 Other Non-Business Permits/Licenses 24,900 3,113 2,449 663 12,677 8,298 4,379 Zoning & Land Disturbance Permits 15,350 1,410 1,279 131 47,382 5,115 42,267 Building Permits 335,000 29,778 20,100 9,678 104,348 107,200 (2,852) Intergovernmental Revenue - - - - - - - Other Charges for Service 505,800 31,556 42,346 (10,790) 132,646 147,254 (14,608) Municipal Court Fines 350,000 - - - 108,839 87,500 21,339 Interest Earnings 76,000 34,063 6,331 27,732 120,152 25,323 94,828 Contributions & Donations - 7,094 - 7,094 7,244 - 7,244 Other Revenue 79,750 3,825 2,541 1,285 19,761 10,538 9,223 Other Financing Sources 37,000 - 2,500 (2,500) - 5,000 (5,000) Total Revenues 28,527,300 1,699,997 1,544,061 155,936 15,594,140 14,425,166 1,168,975 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 178,229 8,720 12,707 (3,987) 46,435 52,485 (6,050) City Clerk 231,569 12,541 17,287 (4,746) 67,361 74,640 (7,280) City Manager 748,114 51,322 55,230 (3,908) 243,189 246,747 (3,558) General Administration 65,899 3,523 5,351 (1,828) 13,177 22,473 (9,296) Finance 551,705 44,190 36,422 7,767 173,506 196,111 (22,605) Legal 295,000 33,905 24,583 9,322 133,623 98,333 35,290 Information Technology 970,225 53,202 76,689 (23,486) 280,042 320,945 (40,903) Human Resources 332,177 19,721 26,928 (7,207) 87,336 95,614 (8,278) Risk Management 272,707 - 1,083 (1,083) 131,627 160,156 (28,528) General Government Buildings 222,928 18,262 18,570 (308) 67,068 74,279 (7,211) Communications 286,891 11,390 24,334 (12,944) 48,708 93,459 (44,750) Community Outreach & Engagement 128,746 10,411 11,230 (819) 38,128 42,411 (4,283) Municipal Court 457,531 32,789 37,246 (4,457) 136,047 147,694 (11,648) Police 5,115,625 349,907 374,814 (24,907) 1,596,523 1,773,358 (176,836) Fire 7,214,381 540,186 549,158 (8,972) 2,458,051 2,586,143 (128,092) Public Works 2,602,407 161,104 201,589 (40,485) 746,770 865,946 (119,177) Parks & Recreation 1,411,493 56,518 60,487 (3,970) 209,277 243,432 (34,155) Community Development 1,217,865 73,709 82,643 (8,934) 281,102 332,847 (51,745) Economic Development 220,859 8,003 61,169 (53,166) 92,011 104,814 (12,804) Debt Service 852,436 - - - 743,600 743,600 - Operating Transfers to Other Funds 5,632,380 469,365 469,177 188 1,877,460 1,876,709 751 Operating Reserve 233,768 - - - - - - Total expenditures 29,242,935 1,958,767 2,146,696 (187,929)9,471,039 10,152,197 (681,158) Net Income/(Loss)(715,635)(258,771)6,123,101 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Rock for Rescues Vendor Fee -$ -$ -$ -$ Summer Event Vendor Fee - - - - Interest Revenues - 1 6 6 Crabapple Fest Sponsor 15,000 - 13,375 (1,625) Earth Day Sponsor - - - - Summer Event Sponsor 2,000 - - (2,000) Private Entity Contributions - - - - Gas South Partnership - 205 634 634 Total revenues 17,000$ 206$ 14,015$ (2,985)$ EXPENDITURES Current: Special Events 104,348$ -$ 40,813$ 63,535$ Total Expenditures 104,348$ -$ 40,813$ 63,535$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers in from Hotel/Motel Tax Fund 75,000 4,573$ 12,048 (62,952) Total other financing sources and uses 75,000$ 4,573$ 12,048$ (62,952)$ Net change in fund balances (12,348)$ (14,751)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2019 3 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds - - 9,019 9,019 Interest Revenues/State Funds - - - - Interest Revenues/Federal Funds - 3 12 12 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - - 3,500 3,500 Total revenues -$ 3$ 12,531$ 12,531$ EXPENDITURES Current: Police 83,815$ -$ 8,150$ 75,665$ Total Expenditures 83,815$ -$ 8,150$ 75,665$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (83,815)$ 4,381$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2019 4 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 950,000$ 155,434$ 226,804$ (723,196)$ Interest Revenue - - - - Total revenues 950,000$ 155,434$ 226,804$ (723,196)$ EXPENDITURES Current: Public Safety 950,000$ -$ 71,370$ 878,630$ Total Expenditures 950,000$ -$ 71,370$ 878,630$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects - - - - Net change in fund balances -$ 155,434$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2019 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 75,000$ 4,573$ 12,048$ (62,952)$ Total revenues 75,000$ 4,573$ 12,048$ (62,952)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 75,000$ 4,573$ 12,048$ (62,952)$ Total other financing sources and uses 75,000$ 4,573$ 12,048$ (62,952)$ 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 January 31, 2019 6 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 110,000$ 37,008$ 37,008$ 37,008$ (72,992)$ Infrastructure Maint Penalty & Interest - - 33 366 366 366 Sidewalk Replacement Account - - - - - - Paving Fund - - - - - - Traffic Calming - - - 8,700 8,700 8,700 Tree Recompense - - - 328 328 328 Landfill Host Fees 150,000 150,000 11,657 11,657 11,657 (138,343) Interest Revenue - - 50 167 167 167 Realized Gain or Loss on Investments - - - - - - Cell Tower Lease 79,404 79,404 6,704 26,644 26,644 (52,760) Insurance Proceeds/Public Safety - - - 8,175 8,175 8,175 Total revenues 339,404$ 339,404$ 55,453$ 93,043$ 93,043$ (246,361)$ EXPENDITURES Capital Outlay City Council 909,494$ 909,494$ -$ -$ -$ 909,494$ General Admin 13,762 13,762 - - - 13,762 Finance 250,000 250,000 - - - 250,000 IT 462,824 462,824 13,826 369,912 428,221 34,603 General Govt Bldg 482,739 482,739 6,100 161,699 268,394 214,346 Police 250,644 250,644 - - 239,563 11,081 Fire 1,684,088 1,747,965 571,886 578,856 645,059 1,102,907 Public Works 7,081,087 7,081,087 39,930 88,353 2,290,767 4,790,320 Parks & Recreation 1,350,420 1,350,420 5,214 98,595 182,192 1,168,229 Community Development 611,668 611,668 1,573 28,780 139,239 472,429 Total Capital Outlay 13,096,726$ 13,160,603$ 638,528$ 1,326,194$ 4,193,433$ 8,967,170$ Excess of revenues over expenditures (12,757,322)$ (12,821,199)$ (583,075)$ (1,233,151)$ (4,100,389)$ (9,213,531)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 5,332,380$ 5,332,380$ 444,365$ 1,777,460$ 1,777,460$ (3,554,920)$ Contingencies (164,048) (100,171) - - - 100,171 Total other financing sources and uses 5,168,332$ 5,232,209$ 444,365$ 1,777,460$ 1,777,460$ (3,454,749)$ Net change in fund balances (7,588,990)$ (7,588,990) 544,309$ (2,322,929)$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2019 7 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,671,839$ 14,528$ 1,718,343$ 1,718,343$ 46,504$ Real Property Tax-Prior Year - 131 180 180 180 Public Utility Tax-Current Year - - - - - Personal Property Tax-Current Year 28,684 232 27,283 27,283 (1,401) Personal Property Tax-Prior Year - - 2 2 2 Motor Vehicle Tax 8,903 884 2,902 2,902 (6,001) Penalties & Interest - Real Property - 285 1,039 1,039 1,039 Penalties & Interest - Personal Property - 3 50 50 50 Intergovernmental Revenues - - - - - Interest Revenue (Regions)100,000 32,878 104,104 104,104 4,104 Interest Revenue (SunTrust)- 40 113 113 113 Bond Proceeds - - - - - Total revenues 1,809,426$ 48,981$ 1,854,014$ 1,854,014$ 44,588$ EXPENDITURES Capital Outlay Parks & Recreation 20,359,167$ 73,903$ 3,778,646$ 3,803,906$ 16,555,261$ Bond Principal 810,000 - - - 810,000 Bond Interest 899,375 - 449,688 449,688 449,688 Total Capital Outlay 22,068,542$ 73,903$ 4,228,333$ 4,253,593$ 17,840,209$ Excess of revenues over expenditures (20,259,116)$ (24,922)$ (2,374,319)$ (2,399,579)$ 17,884,797$ Net change in fund balances (20,259,116)$ (2,374,319)$ (2,399,579)$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2019 8 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,000,000$ 661,439$ 1,781,810$ 1,781,810$ (4,218,190) Interest Revenues - 49 206 206 206 Realized Gain or Loss (GA Fund 1)10,800 16,938 59,189 59,189 48,389 Total revenues 6,010,800$ 678,427$ 1,841,204$ 1,841,204$ (4,169,596)$ EXPENDITURES Capital Outlay Public Works 12,369,842$ 117,313$ 193,810$ 873,941$ 11,495,901 Total Capital Outlay 12,369,842$ 117,313$ 193,810$ 873,941$ 11,495,901$ Excess of revenues over expenditures (6,359,042)$ 561,114$ 1,647,394$ 967,264$ 7,326,306$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (6,359,042)$ 1,647,394$ 967,264$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2019 9 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 162,350$ -$ -$ -$ (162,350)$ GDOT TAP (Big Creek Greenway)- - - - - LMIG Funds 405,528 405,528 405,528 405,528 0 GDOT HPP Funds - - - - - GDOT-Signage/Landscaping - - - - - Interest Revenues - 23 51 51 51 Total revenues 567,878$ 405,551$ 405,579$ 405,579$ (162,299)$ EXPENDITURES Capital Outlay Public Works 1,116,514$ 817$ 36,062$ 91,000$ 1,025,513$ Total Capital Outlay 1,116,514$ 817$ 36,062$ 91,000$ 1,025,513$ Excess of revenues over expenditures (548,636)$ 404,734$ 369,517$ 314,578$ 863,214$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 300,000$ 25,000$ 100,000$ 100,000$ (200,000)$ Total other financing sources and uses 300,000$ 25,000$ 100,000$ 100,000$ (200,000)$ Net change in fund balances (248,636)$ 469,517$ 414,578$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2019 10 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 27,000$ 2,937$ 10,620$ 10,620$ (16,380)$ Law Enforcement Fund 13,000 1,233 4,458 4,458 (8,542) Fire Fund 72,500 7,066 25,548 25,548 (46,952) Road Fund 120,000 8,819 31,883 31,883 (88,117) Park Fund 650,000 80,796 292,110 292,110 (357,890) Interest Revenues/Admin Fund - 2 8 8 8 Interest Revenues/Law Enforcement Fund - 1 3 3 3 Interest Revenues/Fire Fund - 5 19 19 19 Interest Revenues/Road Fund - 6 23 23 23 Interest Revenues/Park Fund - 56 212 212 212 Total revenues 882,500$ 100,922$ 364,884$ 364,884$ (517,616)$ EXPENDITURES General Government Buildings 57,967$ -$ -$ -$ 57,967$ Police - - - - - Fire 237,926 - - - 237,926 Public Works 208,778 - - - 208,778 Parks & Recreation 2,081,985 12,760 12,760 12,760 2,069,225 Total Capital Outlay 2,586,655$ 12,760$ 12,760$ 12,760$ 2,573,895$ Excess of revenues over expenditures (1,704,155)$ 88,162$ 352,124$ 352,124$ 2,056,279$ OTHER FINANCING SOURCES (USES) Transfer Out to General Fund/Admin (27,000) - - - 27,000 Total other financing sources and uses (27,000)$ -$ -$ -$ 27,000$ Net change in fund balances (1,731,155)$ 352,124$ 352,124$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2019 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ Interest Revenues - - - Contributions & Donations - - - - Total revenues -$ -$ -$ -$ EXPENDITURES Capital Outlay General Government Buildings 15,000,000$ -$ -$ 15,000,000$ Fire 2,000,000 - - 2,000,000 Bond Principal - - - - Bond Interest - - - - Total Capital Outlay 17,000,000$ -$ -$ 17,000,000$ Excess of revenues over expenditures (17,000,000)$ -$ -$ 17,000,000$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund - - - - Revenue Bond Proceeds 17,000,000 - - (17,000,000) Total other financing sources and uses 17,000,000$ -$ -$ (17,000,000)$ Net change in fund balances -$ -$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2019 12 of 13 Amount Percent Yield Money Market - Quantum Bank 7,219,134 26%1.61% GA Fund 1 11,679,174 42%2.43% GA Fund 1 (TSPLOST)9,088,801 32%2.43% Grand Total Investment Portfolio 27,987,109 100% Current Month YTD Current Month YTD Interest earned 33,869 119,318 16,938 59,189 Budgeted interest 6,250 25,000 900 3,600 Variance over/(under)27,619 94,318 16,038 55,589 General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending January 31, 2019 13 of 13 MILTON ~ TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 27, 2019 Steven Krokoff, City Manager Cl> Approval of a Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Halftime Sports LLC. Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( y/APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: H"YES (rfES APPROVAL BY CITY ATTORNEY: (j4,,.PPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678 .242 .2500 IF: 678 .242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0 90 0 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on February 15, 2019 for the March 4, 2019 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Halftime Sports LLC. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Halftime Sports LLC. Executive Summary: Halftime Sports provides the City with the youth basketball programming. This program will offer basketball leagues & camps 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 youth basketball provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, December 3, 2018 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Parks and Recreation Department Agreement for Outside Providers 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 2019, 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 2006 Heritage Walk, 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, CLINCS, CAMPS AND TOURNAMENTS at the following locations: HOPEWELL MIDDLE SCHOOL, COGBURN WOODS ELEMENTARY SCHOOL, BIRMINGHAM FALLS ELEMENTARY SCHOOL, CRABAPPLE CROSSING ELEMENTARY SCHOOL, SUMMIT HILL ELEMENTARY SCHOOL & 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 GRGI e1 PH4 STT°, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON er ei PH o R . The out of city fee is capped at a maximum fee of $90.00. 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 GRd the (`Py ^f AlphGretfa 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 ^r +"; _e# AlphGFe#a 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 fess for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. INITIAL: 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 if 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 1.1 b 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 and for all of 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. 1.22 The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the PROVIDER. The PROVIDER must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and PROVIDER. 1.23 The PROVIDER agrees to continually strive to grow the programs) it is operating. For the facilities provided, the ideal number of participants is identified below_ PROVIDERS shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of fhe program and PROVIDER. 3 Ideal Capacity: 425 (Winter League) Previous Year Participation: 430 (2018-2019) Growth Goal for This Year: 440 1.24 The PROVIDER is permitted multiple advanced level (non -recreation Level) teams provided that no advanced level team displaces a single recreation -Level participant or team and the advanced level teams must be made up of at least 50% City of Milton AlphGreffa residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton/AlphGrafta_ residency requirement must be verified by the City GIS database prior to formation of an advanced level team. INITIAL: e(-( 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. 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 507 non-resident surcharge (capped at a maximum of $90.00) 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. 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 5 shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 6.0 Insurance 6.1 City shall not have any insurance obligations related to this Agreement, and PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6_3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance,. a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage.. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit—each occurrence $2,000,000 Combined Single Limit—general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 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. It 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, 2019, 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 actor 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, 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 11 of the ADA and all applicable regulations, guidelines, and standards. LIJ 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 some 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: 1n 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. All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and KIM COLEMAN 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 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: _12` (nC C�r2✓ i 1t7nAy' '337 dna-t � 6A I,y 0 ',K 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 (RCA), P.L, 99-603, O.C.G,A. § 13-10-91 and Rule 300-10-1-.02. IN 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. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O,C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s`) indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and became 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 sections) 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: Its: (Assistant) Corporate Secretary (required if corporation) CITY: BY: JOE LOCKWOOD, MAYOR PROVIDER: \KLU 0-11 Print: �.(,+aA l t �.. CD (�m� Its: (circle one) - President/Vice President (Corporation) G r ir.r+ro��p/Limited Partnership) - em____ber/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 �• a- � ? p• � 4 m y � H P° •. w aS t� ? b T C �-. .fir G• G. $ N v. � O O to O• d m .y-. r•7'. d C: " v' p O C Od ie$ CL 3 C d y ry 3 c PO c y = o a 6 G � a tJ 'O R '•J^ N 0W0 C c_ O � T ry m C � 4' N � O' Ii R a a ry r g D CD 1'J ^ v, � •t .� .� 7 a 7 W W a !ti r..y (4 Nb A 4 �i1 4 �1 4�A ry �'=^'�F x � I uu � �t� tn•�i a' � ad'o es � Rp� c � ,� ��,o d �d ^g. F �? to •�, b �p :O `O p J .•:'a 5 �' �'' c °c 4 c ryG h = C ryp ryn Q�• O = O = a�'� p= no < „ae—�'� O��3_00.C� O' p�N c c �o' rym rtn C p° C. o T gt / °o ddacP� rycc 3�ry`�^Bry rp?° o-^- -.0, ME r $ m OrAL y r b y d a*ry Q• 9mc. C O b C 7 d o J% f . y 00 m !L -0 m M O c •� 0--f. b i6 n00 S w 1�y 00 K1' b tL Ari G `C y C A 1 O' O ti c n E Eli ac3 70 b m 9 y U ry qQ to oaa� Ly o n a do o• x n `� y: o c•o � � C ^z r N O WI wn •*: ro � `�7 m �r1 y � O N• .O O C C Q O � I.i � p O � b i•1 '�L' � $ rt y�� .. o• (4 'n � p 7 C � S y � ry 7 m W � '? 3 8 � �_ �' ry ry m K• c 7 A I m •fl m a c '_ � R ry y 3 P m e 3 b _ u. '• G i cr g�rJ' • ry ' �. 'ry rt 2 "ry,� by `� O ry H rt; - 9 z ry s c R •`ti CHH C bryry, O� j 1 � C� t H N m •�"� � .� n' q 'A r`_ d•� ` � �= .5: rtI y � is •.+. -• 10 t a C is ani __ _ T. C d C � v. 7• _ • Oq n C m •*: ro � `�7 m �r1 y � O N• .O O C C Q O � I.i � p O � v O '12 d A w A COD 0 O roo C 1 O mnH W a x m m a r r r m s c m 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 ">L<'- (city), GL(state). Signature of Authorized4ZULicer or Agent Printed Name and Title of Authorized Officer or Agent SUB,$CRIBED AND SWORN BEFORE ME ON THIS THE i( DAY OF i� 201 NOTARY PUBLIC [NO My Commiss EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON \:oe 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 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed onb�; 201 ` - in �l`1f iUr✓ (city), C% (state). Signature of Aufhc?I:!edIQfficer or Agent t r' + r d, Printed Name and Title of Authorized Officer or Agent 5UBSCRIBE&V4.D SWORN BVME c ON THIS THF DAY OF __ -201—. PUBLIC [NOTA -ft S OTq]�% t'.?� Xfi1gFS ,� oll GJA My Commissk %;L ACCPRbF CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 1 lk..� 03/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO Rt HTS U ON THE CERTIF CATCATE HOLDER. T S 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 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Kristin Legendre Relation Insurance Services P.O, Box 25936 Overland Park Kansas 66225 (Alc No Ext): 800-955-1991 913-327-0201 A1C No'. ADDRESS: programs@relationinsurance.com PRODUCER CUSTOMER ID: A. INSURER(S) AFFORDING COVERAGE NAIL# X INSURED INSURERA: Nationwide Mutual Insurance Company 23787 Halftime Sports DBA: Halftime Sports, LLC 12460 Crabapple Road, #337 INSURER B: INSURER C: INSURER D: Alpharetta, GA 30004 A Member of the Sports, Leisure & Entertainment RPG INSURER E: INSURER P: UUVCKAGt:b 1:FRTIFICATF NIIMRFR' VVnl9nnRnFi RFVISSIrIN 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 RELIUIREMENT, 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. RTYPE.OF LTR INSURANCE ADD INSD WVD POLICY NUMBER POLICYEFF MM/DD. POLICY EXP MM/DO/YYYY LIMITS: A. X COMMERCIAL GENERAL LIABILITY CLAIMS- OCCUR MADE X 6BRPG0000006055100 03/27/2018 11:43 AM EDT 03/27/2019 12:01 AM EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES Ea Occurrence $1,000,000 MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $2,000,000 GENERALAGGREGATE $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY F JECT El LOC PRODUCTS —COMPIOP AGG $2,000,000 PROFESSIONAL LIABILITY $2,000,000 OTHER: LEGAL LIAR TO PARTICIPANTS $2,000,000 A AUTOMOBILE LIABILITY ANY AUTO 6BRP00000006055100 03/27/2018 11:43 AM EDT 03/27/2019 12:01. AM Ea acc NED SINGLE den( L $2,000,000 BODILY INJURY (Per person) OWNED AUTOS SCHEDULED ONLY AUTOS BODILY INJURY Per accident ( 1 X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY J Per accident X NOT PROVIDED WHILE IN HAWAII LU19 OCCUR EACH OCCURRENCE FUMBRELLA EXCESS LIAB CLAIMS -MADE AGGREGATE OED RETENTION RKERS COMPENSATION AND EMPLOYERS' LIABILITY N/A STATUTE. OTHER ANY PROPRIETOR/PARTNER/ YIN EL EACH ACCIDENT EXECUTIVE M MBER F--1EXCUDED?(Mandatory in NH) E.L. DISEASE—EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE—POLICYlIM17 A MEDICAL PAYMENTS FOR PARTICIPANTS 6BRPG00000060551C0 03/2712018' 03/27/2019 PRIMARY MEDICAL I 11:43 AM EDT 12:01 AM Excess MEDICAL $25,000 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 pari, by the acts or omissions of the named insured. UI=K I1I-IGA I C HULUhK CANCELLATION City of Milton SFO -ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 13000 Deerfield Parkway, Suite 107 THE EXPIRATION DATE THEREOF, NOTICE WILL, BE DELIVERED 1N Milton, GA 30004 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Owner/Lessor of Premises) Coverage is only extended to U.S. events and activities. "" NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25 (2016103) ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORN name and logo are registered marks of ACORD TO: FROM: MILTO-NIII ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 25, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between the City of Milton and Hopewell Youth Association. MEETING DATE: Monday, March 4, 2019 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: QIYES () NO CITY ATTORNEY REVIEW REQUIRED: (-'YES () NO APPROVAL BY CITY ATTORNEY: (,VA' PPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0464/261 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on February 15, 2019 for the March 4, 2019 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, Hopewell Middle School and Birmingham United Methodist Church. 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, December 3, 2018 (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' MILTONlIr LSTAIti ]SI ILD 2006 ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AND AGREEMENT TABLE OF • 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 Agreement Consenting to Terms in Manual 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 Fife 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 as set forth in this Athletic Association Organizational Manual. Each Association must indicate its intent and ability to comply with these requirements by signing the agreement found at the end of this Manual (the ``AAO Manual Agreement") 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 City retains the right to change the requirements of this manual at any time, without advance notice, as it deems appropriate, and any such changes will be binding on any signatory to the AAO Manual Agreement. The City will endeavor to communicate any changes made to this manual to the Association within five (5) business days after the change has been made and approved. The signing of the AAO Manual Agreement indicates the Association's assumption of the financial responsibility for its 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 AAO Manual 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 AAO Manual Agreement. 3 MEMORANDUM OF UNDERSTANDING WITH CITY OF ALPHARETTA The Memorandum of Understanding with the City of Alpharetta expired on November 30, 2018. The rest of this section has been intentionally left blank. Initialed: 7 This section intentionally left blank. Initialed. Z. 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. 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. 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. 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. 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 the AAO Manual Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the Laws of the State of Georgia. Financial Ratings must be not Less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 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 the AAO Manual 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 the AAO Manual 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 the AAO Manual 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 batter'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 the AAO Manual 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 Fater than thirty (30) calendar days after the end of the established program registration period. The Fist shall be provided in a Microsoft Excel format and shall include each player's name, residential street address, city, zip code, email address, age/program and resident registration rate. All PO Box addresses submitted will be considered non- residents. The Department will use the list to verify the resident status of registered players. The City will use the email address list to distribute an end of season Participant Satisfaction survey. City 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. 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.cityofmilfonga.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 must adhere to this registration process as outlined in this document as Fong 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. 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. Due to the varying nature of advanced level teams in different sports, the guidelines for an advanced Level team for each sport will be addressed in the Facility Use Agreement which will be unique for each program. 11 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 thirty (30) 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 will authorize the Association's own use only. 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. 12 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 welcomed. 13 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. 10 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 II 14 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 prodcts/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented will be handled as an addendum to the individual Association's Facility Use Agreement when those details are worked out. Sponsor and team banners are allowed to be displayed at the park on the day of an event 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. 12 .LMO•111213RI• ad• ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AGREEMENT Any Association seeking to operate on City property or City Leased facilities must start by signing the AAO Manual Agreement found at the end of this manual. Once signed, the AAO Manual Agreement will be continuously effective until an Association ceases to provide programs at the City of Milton or until affirmatively terminated by the City or the Association. 2 FACILITY USE AGREEMENT Any Association operating on City property or City leased facilities must also sign the City's Facility Use Agreement prior to the start of the activity. 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. With respect to renewal for the next year, 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. 3 BACKGROUND CHECK - VOLUNTEERS All Association Board members and any individual who wants to coach in a youth program 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. A copy of the background check report from the agency being used must be submitted to the City prior to the start of the regular season games. 4 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. 5 CHILD ABUSE REPORTING LAW Volunteers who work with children are required by law to report suspected child abuse. The mandatory reporting requirement is a 13 provision in HB 1176, the criminal justice reform bill signed by Governor Nathan Deal on May 2, 2012. Specifically, HB 1 176 changed the definition of "child service organization personnel" to include volunteers. The new law defines "child service organization personnel" as follows: "Child service organization personnel" means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children.'' In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 6 C ONCUSSDON AWARENESS POdOCIES 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: https://www.cdc.gov/headsup/youthsporfs/fraininq/index.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. 14 Coach certification and training requirements vary by the sport and will be addressed under the Facility Use Agreement. In addition, it is the responsibility of the Association to ensure that all of their coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. Association must provide documentation of such training to the City upon request. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Requirement • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 8 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. 9 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 fes 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. 15 Any organization which chooses to not charge a registration fee for participation in any program will still be responsible for paying a commission to the City based upon the City -assessed value of the registration. 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 fess 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 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. 16 Admission Fees Associations are not allowed to require an admission fee or a parking fee to any Association event. For special tournaments and events, a team registration fee may be collected. The Association must obtain written approval from the Director of Parks and Recreation prior to the event where a team registration fee will be collected. 10 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 2 two weeks 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. 11 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. 12 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. 17 13 MAINTENANCE/FACCILaY UPKEEP The Department will be responsible for all field and facility preparation for all practices and games. This includes game day facility preparation, grass mowing, and lining of baseball and softball fields. Parks Services staff will prepare the grass baseball fields once per week day, three times on a Saturday and once on a Sunday. The multi -use synthetic turf fields will be prepared once per day. Preparation of any field will only be performed on days that there are previously scheduled activities, in accordance with the submitted and approved schedule. Associations are responsible to report any and all facility maintenance issues to the Department as soon as they are noticed. Associations are required to provide safe sports equipment for participants. Associations are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes playing areas, walkways, restrooms, concession stands, dugouts, etc. Associations should take proper steps to ensure that scheduled activities do not infringe on park neighbors or other park users. This includes reducing excessive noise, excessive traffic, parking problems, etc. 14 WEATHER POLlCCIES 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. The City also will update field conditions on the City website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): hftos:/ /www.cifyofmiitoncga.us/parks-recreation/athletics/ Bell Memorial Paves 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 18 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. If the lightning detection system fails to operate, refer to the rules below for the Fulton County School fields. 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. 15 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. 16 SECURING OF FACILITIES An Association Board member should be responsible for securing facilities after each use, including all practices and games. This includes closing 19 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. 17 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. 18 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. 19 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 musi 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. 20 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 20 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. 21 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. 22 KEYS Keys will not be distributed to the Associations. The City will provide code based locks for those elements of the park that the Associations need access to. Periodically, the Department will change the combinations to buildings, gates, and electrical boxes. The Department will notify affected Association of any changes, and will supply new combinations as needed. 23 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 Finks 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. 21 24 PUBLIC USE OF FIELDS The Facility Use Agreement that will be separately issued by the City 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. City reserves the right to conduct independent participant surveys. In doing so, the City will use the email addresses provided by the Association to survey the participants for feedback on the quality and satisfaction with the facilities, the program and other information. The City will not release an Association's email database to any party and will share the survey results with the Association Board of Directors. 22 CITY AND PARK ORDINANCES Associations are responsible for adherence to all City and park ordinances. A collection of applicable ordinances is shown below, subject to the caveat that ordinances are amended from time to time and these ordinances may not be fully current. 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, shoof, 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 23 loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have Lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pats 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. 24 (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014); Ord.. No. 15-03-237 , § 1, 3-16-2015) 25 e 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 Fights 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. 26 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. All music played at the park must be in compliance with the current noise ordinances of the City. 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 I) 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 'im.creage@cityofmiltonga.us 27 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 iim.cregge@citvofmiltonga.us Program Manager Tom McKlveen, CYSA 678-242-2519 tom.mcklveen@citvofmiltonga.us 28 '�. 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 a e of 18 Day: Evening. Evening: Day: Day: Evening. Evenin : Day: Day: Evening: Evening: Day: Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening. Day: Evening. Day: Evening: Day: Evening: ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment Photos of accident/incident site taken Person completing form Person completing form Print name _Y _ N _Y _ N Signature Day phone 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 orjim.cregge@cityofmiltonga.us 29 This agreement, made this day of 20 , by the City of Milton ("City") and Hopewell Youth Association a Georgia non-profit corporation ( "Association"). Witnesseth: In consideration of the mutual promise set forth herein, the City and Association agree as follows: 1. The Association shall fully comply with all requirements set forth in the City of Milton Athletic Association Organizational Manual (the "Manual") as it currently exists and as it may be revised and updated from time to time by the City. The Association acknowledges that it has been provided a copy of the Manual prior to its execution of this agreement. 2. During the term of this agreement, the Association will be recognized by the City as an entity authorized to provide recreational and advanced level programs on City -owned or leased property. The specific conditions applicable to use of City property will be set forth in a separate Facility Use Agreement, which must be signed by the Association once a year before engaging in any activity on City property. 3. The City shall endeavor to timely update the Association, through the Association's listed contact information, of any changes to the Manual. The City will not penalize the Association for failure to comply with revised provisions of the Manual unless and until the Association has been provided notice of such revisions and given reasonable time to come into compliance. 4. The term of this agreement will begin upon the last -dated signature placed on this agreement and continue indefinitely until the Association ceases to actively provide recreational programs on City -owned or Leased property or until affirmatively terminated by either party. Either party may terminate this agreement for any reason by providing 30 -days' notice to the other party. 5. The City may inspect Association activities, and shall be given access to Association documents, to confirm that the Association is fully complying with the requirements of the Manual. 6. The Association shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any 30 and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' 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 violation of any requirement of the Manual or this agreement, or 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. The Association shall maintain at all times during the term of this agreement insurance coverages as set forth in the Manual. 7. It is the understanding of the City and the Association that nothing contained in this agreement shall be interpreted to assign to the Association any status under this agreement other than that of an independent association. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the Association is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Association agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Association and the City and the City will not be Liable for any obligation incurred by Association, including but not Limited to unpaid minimum wages or overtime premiums. 8. 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. 31 9. 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: Haioc"v' c I Yoctih J D C i a l fI � ADDRESS: X U'; r CITY/STATE/ZIP: PHONE:G_�I f�U WEBSITE: v/ C I I C% e EMAIL: ! i Cp S til 'G �' c' G;, �' G' _ U r CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2489 www.cityofmilton.ga.us jim.cregae@cityofmiltongaus 10. This agreement may be executed in counterparts, each of which shall constitute an original. 11. 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. 32 12. 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 the Manual, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. [SIGNATURES ON FOLLOWING PAGE] 33 ASSOCIATION: MI - Name: Name: c,,, cA rl (Typed or Printed G' Date: Attest: Organization Secretary Name: (Typed or Printed) Date: [AFFIX CORPORATE SEAL] EMRES GFORGtq Jury 31, 2020 si U$ 'r, L�G,,r S� CITY: By: Joe Lockwood Mayor, City of Milton Attest: Name: Date: [CITY SEAL] Approved as to form: City Attorney 34 This agreement, made this day of 20 , by the City of Milton ("City") and Hopewell Youth Association a Georgia non-profit corporation called the "Organization. Witnesseth: In consideration of the mutual agreements contained in this document, the City and Organization agree as follows: The Association agrees to provide a youth sports program (organized league play), to wit Youth Baseball leagues, camps, clinics and tournaments as a service for the City in accordance with applicable policies and procedures for youth sports organization operating on City property or City leased facilities. 2. The term of this agreement will begin JANUARY 1, 2019 and continue through DECEMBER 31, 2019. A new agreement must be signed for each calendar year. 3. The City hereby authorizes the Organization to use fields and facilities as listed below: Bell Memorial Park, Birmingham United Methodist Church & Hopewell Middle School The authorization provided by this agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, basketball goals, lacrosse goals, etc.) for approved league play unless otherwise specified. The Organization is authorized to use the facilities at the following dates and times: WEEKDAYS: From 4:00pm to 10:00pm SATURDAYS: From 8:00am to 10:00pm SUNDAYS: From 12:00pm to 10:00pm DATES: January 1, 2019 — December 31, 2019 1. In consideration for the usage of the facilities, the Organization agrees to a direct payment to the City of 15% commission on all registration fees and 100% of all applicable non-residenf fees. 2. The Organization agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the Organization. The organization must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and Organization. 3. The Organization agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. Organizations shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and Organization. Ideal Capacity: Z_ ee (�� .ST ' ��� 'Fall) Previous Season Participation: Participation Goal for This Season: 4. The Organization is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -Level participant or team and the advanced level teams must be made up of at least 50% City of Milton and City ef e 1phGrettG residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton AlphGreff residency requirement and must be verified by the City GIS database prior to formation of an advanced level team. If the Organization is an Association subject to the City of Milton's Athletic Association Organizational Manual, the Organization shall comply with the program requirements set forth in Exhibit A. 5. The Organization 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. 6. The Organization shall ensure that its coaches satisfy the certification find training requirements set forth in Exhibit B. INITIALED: N 10. Organization shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Organization without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 11. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 12. The Organization 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 violation of any requirement of the Manual or this agreement or the willful or negligent acts, errors, or omissions of the Organization 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. 13. It is the understanding of the City and the Organization that nothing contained in this agreement shall be interpreted to assign to the Organization any status under this agreement other than that of an independent Organization. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Organization 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 Organization 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 Organization and the City and the City will not be liable for any obligation incurred by Organization, including but not limited to unpaid minimum wages or overtime premiums. 14. 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. 15. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ORGANIZATION NAME:—H % ' ) � \U-th M S IU L-' C /J IV ADDRESS: ; 1 ( f,0 y✓ CITY/STATE/ZIP: PHONE: f J1 WEBSITE:—1.j 14 h c, =i or Gt j e C?, l. U EMAIL: ^ rn �0 CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2489 www.cityofmiltonga.us iim.creggeCcifyofmiltonaa.us 16. This agreement may be executed in counterparts, each of which shall constitute an original. 17. 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 Organization in the execution of the terms of this agreement. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 19. The Organization 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. 4 20. The Organization agrees to adhere to all relevant City policies and procedures including, but not limited to the City's Athletic Association Organizational Manual or Agreement for Outside Providers (whichever is applicable) in effect as of the date of this Agreement (which policies and procedures the Organization has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 21. The Organization will adhere to fee policies set by the City, including fees that may not yet be currently established. 22. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and the City's Athletic Association Organizational Manual or Agreement for Outside Providers, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 23. The Organization acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Organization under this Facility Use Agreement were funded by the taxpayers of the City and are Leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Organization is subject to the Open Records and Open Meeting laws of the state of Georgia. The Organization agrees to comply with those laws. To the extent that the Organization 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 Organization further agrees that all books and records of the Organization shall be made available to the City of Milton as and when requested for review or audit. 24. City shall have the right to terminate this Agreement upon failure of Organization to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Organization with a written notice specifying Organization's failure to 5 perform, and providing Organization 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 Organization 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 Organization. Organization shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Organization. Prior to exercising this right of termination, Organization 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 Organization, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Organization 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. I hereby acknowledge and understand that the Organization, 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 Athletic Association Organizational Manual. I understand that failure of the Organization or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ORGANIZATION: 11-1 — By Pre 'dent Name: ,YA (Typed or Printed) , Date: l Attest: Organization Secretary Name: (Typed or Printed) Date: [AFFIX CORPORATE SEAL] 1 p3 * Jx;t EMES GEORGIA July 31. 2020 B IN CITY: By: Steve Krokoff, City Manager City of Milton Date: Ratified by City Council: By: Joe Lockwood Mayor, City of Milton Date: EXHIBIT A [This exhibit to be modified on a case-by-case basis to reflect the varying nature of advanced level teams in different sports.] 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. The MOU with the City of Alpharetta expired on November 30, 2018. City of Alpharetta residents who participate in Milton recreation programs shall no longer be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any players added late to a roster must keep the team's residency above the required percentage. If a resident leaves a team mid-season, dropping the residency below the required percentage, only residents can be added to the roster until the residency is at or above 50%. 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. r� INITIALED: EXHIBIT B [This exhibit to be modified on a case-by-case basis to reflect the varying nature of coaching certifications in different sports.] Organization must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, USA Football, National Cheerleading Association. The Organization may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Parks & Recreation Department within two weeks of the season start. SPORT: I -) G, < e i')C1 ACCEPTABLE COACHING CERTIFICATIONS: 9 HnPFVC)l 1.n9 [:RATFS lla CERTIFICATE I A LI ILI INSURANCE DATE(MMIDD/YYYY) 02/27/2018 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 C rpCT Rhonda Crook Terry L. Green & Associates, Inc. 3100 Five Forks Trickum Road Suite 101 PHONE FAX (AIC, No,.Ext): (A/C, No): E-MAIL Lilburn, GA 30047 17/7007391.10210 INSURERS AFFORDING COVERAGE NAIC # INSURER. A: Houston Casualty Company EACH OCCURRENCE s 1,000,000 INSURED INSURER B: INSURER C: Hopewell Youth Association INSURER D: 210 {Manor Close Milton, GA 30004 INSURER E: INSURER F: GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY 1:1 JE E] LOC COVERAGES CERTIFICATE NUMRFR- RFVlclnhi fit lMRFR- 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCURX X ABUSE/MOLESTATION 17/7007391.10210 02(15/2018 02/15/2019 EACH OCCURRENCE s 1,000,000 DAMAGE To RENTED $ 300,000 MED EXP (Any one arson $ 5,000 X $1 M OCC/$1 M AGG PERSONAL .& ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY 1:1 JE E] LOC GENERAL AGGREGATE 3,000,000 PRODUCTS-COMP/OP AGG $ 2,000,000 PARTICIPANTS $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBMED SINGLE LIMIT $ BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ AUTOS ONLY AUOTOS ONLDY �t Peer ,C d.nt AMAGE $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ AGGREGATE $. EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE FFICER/MEMBEREXCLUDED? Mandatory In NH) If yes, describe under N/A STA UTF ER E.L. EACH ACCIDENT $. E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if mores ace 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 6201 Powers Ferry Road NW Atlanta, GA 30339 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 ,REPRESENTATIVEEPQES 0J 6> " — ' ' ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HOPEYOU-01 GRATF- CERTIFICATE 1 �' ^� �. L B. FDATE. (MMIDD/YYYY) 02/27/2018 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 pollcy(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 C N ACT Rhonda Crook Terry L. Green & Associates, Inc.CNN 3100 Five Forks Trickum Road Suite 101 FAX Ext). (AIC, No): EMAIL ADDR Lisburn, GA 30047 POLICY EXP (MM/DDfYYYYl LIMITS INSURERS AFFORDING. COVERAGE NAIC.# INSURER. A: Houston Casualty Com an INSURED INSURER 8: INSURER C: Hopewell Youth Association 210 Manor Close Milton, GA 30004 INSURER D CLAIMS -MADE a OCCURX INSURER E INSURER F: 02/15/2018 COVERAGES r ;=RTIF'ICATF Ali IM1ARFR- OCVicieNk1 kn rkee�o. 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. ILT R TYPE OF INSURANCE ADDL 1 SUBR D POLICY NUMBER POLICY EFF IDDQ(YYY). POLICY EXP (MM/DDfYYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCURX 17/7007391-1:0210 02/15/2018 02/15/2019 DAMAGE TO RENTED 300,000. ES (Ea X ABUSE/MOLESTATION MED EXP (Any oneperson) $ 5,000 X $1M OCC/$1MAGG PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: r U7 X GENERAL AGGREGATE $ 3,000,000 PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY ❑ j� LOC PARTICIPANTS $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT c t S fEsaccident, BODILY INJURY Perperson) S ANY AUTO OWNED SCHEDULED BODILY BODILY INJURY Per accident $ AUTOS ONLY AUTOS AUTOS ONLY AUOTOS ONLY R PPe�accident AMAGE $ $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAR CLAIMS -MADE DED I I RETENTION $ S WORKERS COMPENSATION I PER OTH- AND EMPLOYERS' LIABILITY Y / N A LITE ER E.L. EACH ACCIDENT $ ANY FFICEOIMEM ERIEXCLUDED7ECUTIVE ❑ N NIA E.L. DISEASE - EA EMPLOYE $ (Mandatoryln. If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mores ace 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. City of Milton Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE l,;cd ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TO: MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 25, 2019 FROM: Steven Krokoff, City Manager (2) AGENDA ITEM: Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between the City of Milton and Milton Mustangs Swim Team. MEETING DATE: Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: („,YES () NO CITY ATTORNEY REVIEW REQUIRED: (,AYES () NO APPROVAL BY CITY ATTORNEY: (,,APPROVED () NOT APPROVED PLACED ON AGENDA FOR: )310'412611 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on February 15, 2019 for the March 4, 2019 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and Milton Mustangs Swim Team. ____________________________________________________________________________ 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 Milton Mustangs Swim Team. Executive Summary: Milton Mustangs Swim Team is a provider to the City and will operate a swim team at the Milton Country Club. Funding and Fiscal Impact: The pricing will vary based on program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will not be able to operate a swim team this year. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, December 3, 2018 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 Milton Mustangs Swim Team. OOFOF' -Tf -ISI IL:D .2,),)o ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AND AGREEMENT Milton Mustanqs Swim Team TABLE OF CONTENTS PAGE: Department Mission and Philosophy 3 Legal and Organizational Requirements 4 Requirements of Associations City and Park Ordinances 20 Park/Facility Regulations 23 Recreation and Parks Person net/Contact Information 25 City of Milton Accident/Incident Report Form 26 Agreement Consenting to Terms in Manual 27 DEFINITIONS 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 as set forth in this Athletic Association Organizational Manual. Each Association must indicate its intent and ability to comply with these requirements by signing the agreement found at the end of this Manual (the "AAO Manual Agreement") 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 City retains the right to change the requirements of this manual at any time, without advance notice, as it deems appropriate, and any such changes will be binding on any signatory to the AAO Manual Agreement. The City will endeavor to communicate any changes made to this manual to the Association within five (5) business days after the change has been made and approved. The signing of the AAO Manual Agreement indicates the Association's assumption of the financial responsibility for its 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 AAO Manual Agreement. The requirements are as follows: 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 fife 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 AAO Manual Agreement. 3 MEMORANDUM OF UNDERSTANDING WITH CITY OF ALPHARETTA The Memorandum of Understanding with the City of Alpharetta expired on November 30, 2018. The rest of this section has been intentionally Left blank. Initialed: 0 Q This section intentionally left blank. Initialed: � Q 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. 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. 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 past 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. 7.2 Certificates of Insurance. CertificatesofInsurance reflecting evidence of the required insurance shall be filed with the City prior to the commencement of the AAO Manual Agreement. 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 -V1" 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 the AAO Manual Agreement, then in that event, the Association 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 Association shall not provide any service pursuant to the AAO Manual 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. 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 Association shall request that the insurer name the City of Milton as an additional insured on the General Liability policy. 7.5 If the Association has any employees and is required by Georgia law to maintain such insurance, Worker's Compensation insurance shall be maintained during the life of the AAO Manual Agreement to comply with the statutory limits for all employees. Similarly, if the Association has any employees, it shall maintain during the life of the AAO Manual 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 6 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. 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 a Microsoft Excel format and shall include each player's name, residential street address, city, zip code, email address, age/program and resident registration rate. All PO Box addresses submitted will be considered non- residents. The Department will use the list to verify the resident status of registered players. The City will use the email address list to distribute an end of season Participant Satisfaction survey. City 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. 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_ci-t�fmiltonga.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 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. 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. Due to the varying nature of advanced level teams in different sports, the guidelinesfor an advanced level team for each sport will be addressed in the Facility Use Agreement which will be unique for each program. 11 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 shalt 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 thirty (30) 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 will authorize the Association's own use only. 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 one storage building for use by the Association. The storage building is not the property of the Association. Each Association is expected to keep the facility neat and clean, and keep the facility secured. Failure to do so may result in expulsion from the storage facility. 12 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 welcomed, 13 CHANGES TO PROGRAM CONTENT, STRUCTURE, PHILOSOPHY, ETC, Each Association shall communicate to the P`RAB liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the Association which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not Limited to the following: • Addition/elimination of any age or skill level • Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) • Association by-laws • Board structure and composition • Schedule of fees for participants • Anything that would be in direct conflict with existing City/Department policies Association shall notify liaisons as soon as the idea for a substantial change is included on an Association meeting agenda. Upon notification by the Association, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the Association to implement the substantial change, the Association may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the Association, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal W requirements (if any); etc. If 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 fes 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 14 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-relafed 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 the individual Association's Facility Use Agreement when those details are worked out. Sponsor and team banners are allowed to be displayed at the park on the day of an event 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. REQUIREMENTS OF ASSOCIATIONS ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AGREEMENT Any Association seeking to operate on City property or City leased facilities must start by signing the AAO Manual Agreement found at the end of this manual. 2 FACILITY USE AGREEMENT Any Association operating on City property or City leased facilities must also sign the City's Facility Use Agreement prior to the start of the activity. 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. With respect to renewal for the next year, 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. 3 BACKGROUND CHECK - VOLUNTEERS All Association leaders and any individual who wants to coach in a youth program 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. A copy of the background check report from the agency being used must be submitted to the City prior to the start of the regular season games. 4 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. 5 CHILD ABUSE REPORTING LAW Volunteers who work with children are required bylaw to report suspected child abuse. The mandatory reporting requirement is a provision in HB 1176, the criminal justice reform bill signed by Governor Nathan Deal on May 2, 2012. Specifically, HB 1176 changed the definition of "child service organization personnel to include volunteers. The new law defines "child service organization personnel" as follows: "Child service organization personnel" means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children." In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. Training is availahle here: https://www.r)rosolutionstraining.com/store/product/?tProductVersiori id= 1093 6 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)s://www.cdc.ciov/headsuip/youthsports/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 12 training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 7 COACH CERTIFICATION AND TRAINING Coach certification and training requirements vary by the sport and will be addressed under the Facility Use Agreement. In addition, it is the responsibility of the Association to ensure that all of their coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. Association must provide documentation of such training to the City upon request. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Requirement • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 8 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. 9 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. 13 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. Any organization which chooses to not charge a registration fee for participation in any program will still be responsible for paying a commission to the City based upon the City -assessed value of the registration. Nom -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 Fist 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 will not relieve the Association from 14 paying the City non-resident fees for such participants. The Association is responsible for identifying participants who have received a scholarship from the Association. Admission Fees Associations are not allowed to require an admission fee or a parking fee to any Association event For special tournaments and events, a team registration fee may be collected. The Association must obtain written approval from the Director of Parks and Recreation prior to the event where a team registration fee will be collected. 10 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 2 two weeks 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. 71 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 programsareoperated under safe weather conditions. Safety plans should be implemented in case hazardous situations should occur. 12 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. 13 MAINTENANCE/FACILITY UPKEEP 15 The Department will be responsible for all facility preparation for all practices and swim meets. This includes facility and pool preparation. Parks Services staff will prepare the pool once per week day. Associations are responsible to report any and all facility maintenance issues to the Department as soon as they are noticed. Associations are required to provide safe sports equipment for participants. Associations are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes playing areas, walkways, restrooms, concession stands, dugouts, etc. Associations should take proper steps to ensure that scheduled activities do not infringe on park neighbors or other park users. This includes reducing excessive noise, excessive traffic, parking problems, etc. 14 WEATHER POLICIES The Department will determine if the pool is usable. Associations will be notified as early as possible if the pool is not usable. Associations is prohibited from pool use if the pool has been deemed "unusable." In the event of inclement weather outside the City's normal business hours, the Association is responsible for determining pool usage. Association is expected to exercise good judgment in determining if the pool is usable, keeping the safety of the participants foremost. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the pool. The City also will update pool conditions on the City website here: https://www.cityofmiltgnga.usjparks-recreationjathl_etics/ 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 [re adhere to this requirement could result in the termination of the Facility Use Agreement. If the lightning detection system fail to operate, refer to the rules below for the Fulton County School fields. Fulton County School Fields, City Pool & Tennis Center 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 coo 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. 15 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. 16 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, returning all equipment to the storage room and ensuring all necessary gates are closed and secured. 17 INCIDENTS INVOLVING VANDALISM 17 Vandalism must be reported to the Police Department immediately by calling 91 1. 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. 18 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 accidenf/incident report is included in this manual. The report shall be submitted to the Department within twenty-four (24) hours of the acciden /incident. Any and all accidents/incidents must be reported 19 SCOREBOARDS AND CONTROLLERS N/A 20 DAMAGE TO TURF GRASS N/A 21 METAL CLEATS N/A 22 KEYS Keys will not be distributed to the Associations. The City will provide code based locks for those elements of the facilities that the Associations need access to. Periodically, the Department will change the combinations to buildings, gates, and electrical boxes. The Department will notify affected Association of any changes, and will supply new combinations as needed. 23 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. is 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. 24 PUBLIC USE OF POOL The Facility Use Agreement that will be separately issued by the City applies only to organized League activities 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. 25 PARTICIPANT EVALUATIONS City reserves the right to conduct independent participant surveys. In doing so, the City will use the email addresses provided by the Association to survey the participants for feedback on the quality and satisfaction with the facilities, the program and other information. The City will not release an Association's email database to any party and will share the survey results with the Association Board of Directors. 19 CITY AND PARK ORDINANCES Associations are responsible for adherence to all City and park ordinances. A collection of applicable ordinances is shown below, subject to the caveat -that ordinances are amended from time to time and these ordinances may not be fully current. 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. If 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. If 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 20 loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have Lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. (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 Fake 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. 21 (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1,-§ 4), 1-18-2007; Ord. No. 07-08-42, § 1 (ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014); Ord. No. 15-03-237 , § 1, 3-16-2015) 22 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, if 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. 23 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. All music played at the park must be in compliance with the current noise ordinances of the City. 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: N/A 13.Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2489 or iim.creaae,a cityofmiltonga.us 24 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 iim.crecgae a cityofmiltonga.us Program Manager Tom McKlveen, CYSA 678-242-2519 tom.mcklveen a cifyofmiltonga_us 25 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 EMS notified Y __N Information on persons involved in the accident/incident: NAME (please print) PHONE _ under the .__.__--_—_ _.�_�_ a e of 18 _ _ Day: Evening Evenin : Day: .Day:. Evenin Evenin Day.. _ Day: Evening: Evening: Day: Information on witnesses to the accident/incident NAME (print) SIGNATURE _ PHONE Day. Evening Day: _.__.__--- _. Evenin Day.. _ Evening: Day: Evening: ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment Photos of accident/incident site taken Person completing form Person completing form Print name Day phone _Y N Y N �� Signature Evening phone Date Take photographs of the accident/incident site as soon as practical but within 24 hours of the asci den t/inciden t fax or email completed form to Department Director at 678-242-2499 or jim.creggeftityofmiltonga.us 26 ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AGREEMENT This agreement, made this day of , by the City of Milton ("City") and Milton Mustangs Swim Club, LLC a Georgia non-profit corporation ("Association"). Witnesseth: In consideration of the mutual promise set forth herein, the City and Association agree as follows: The Association shall fully comply with all requirements set forth in the City of Milton Athletic Association Organizational Manual (the "Manual") as it currently exists and as it may be revised and updated from time to time by the City. The Association acknowledges that it has been provided a copy of the Manual prior to its execution of this agreement. 2. During the term of this agreement, the Association will be recognized by the City as an entity authorized to provide recreational and advanced level programs on City -owned or leased property. The specific conditions applicable to use of City property will be set forth in a separate Facility Use Agreement, which must be signed by the Association once a year before engaging in any activity on City property. 3. The City shall endeavor to timely update the Association, through the Association's listed contact information, of any changes to the Manual. The City will not penalize the Association for failure to comply with revised provisions of the Manual unless and until the Association has been provided notice of such revisions and given reasonable time to come into compliance. 4. The term of this agreement will begin JANUARY 1, 2019 and continue through DECEMBER 31, 2019. A new agreement must be signed for each calendar year. Either party may terminate this agreement for any reason by providing 30 -days' notice to the other party. 5. The City may inspect Association activities, and shall be given access to Association documents, to confirm that the Association is fully complying with the requirements of the Manual. 6. 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, 27 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 violation of any requirement of the Manual or this agreement, or 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. The Association shall maintain at all times during the term of this agreement insurance coverages as set forth in the Manual. 7. It is the understanding of the City and the Association that nothing contained in this agreement shall be interpreted to assign to the Association any status under this agreement other than that of an independent association. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the Association is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Association agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Association and the City and the City will not be liable for any obligation incurred by Association, including but not limited to unpaid minimum wages or overtime premiums. 8. 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. 28 E ON 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: Milton Mustangs Swim Club LLC ADDRESS: 5285 Highgrove Road CITY/STATE/ZIP: Milton, GA 30004 PHONE: 404-513-9551 WEBSITE: https://miltonmustangs.swimtopia.com/ EMAIL: Milton.mustangsclub(a,gmail.com CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2489 www.cityofmiltonga.us iim.cre-gae a,cityofmiltonga us This agreement may be executed in counterparts, each of which shall constitute an original. 11. 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. 29 12. 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 the Manual, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. [SIGNATURES ON FOLLOWING PAGE] 30 ASSOCIATION: CITY: By: President Joe Lockwood Name: "K--Al"Mayor, City of Milton W� t�� (Typed or Printed) Milton Mustangs Swim Club, LLC Date: �\'� \ �-t Attest: AND By: VicC ent p� Name: 3Ivll�jc�� (Typed or Pri ed) / Date: t `rc`l't Y JO/yti OTAES R� GFORGLA, : J* 31, 2QW A 6 BLv�+' Name: Date: [CITY SEAL] Approved as to form: City Attorney 31 ATHLETIC ASSOCIATION FACILITY USE AGREEMENT This agreement, made this _ day of 20 , by the City of Milton ("City") and Milton Mustangs Swim Team a Georgia non-profit corporation called the "Organization." Witnesseth: In consideration of the mutual agreements contained in this document, the City and Organization agree as follows: 1. The Association agrees to provide a youth sports program (organized league play), to wit Swim Team as a service for the City in accordance with applicable policies and procedures for youth sports organization operating on City property or City leased facilities. 2. The term of this agreement will begin JANUARY 1, 2019 and continue through DECEMBER 31, 2019. A new agreement must be signed for each calendar year. 3. The City hereby authorizes the Organization to use fields and facilities as listed below: Swimming Pool located at 1785 Dinsmore Road, Milton, GA The authorization provided by this agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, basketball goals, lacrosse goals, etc.) for approved league play unless otherwise specified. The Organization is authorized to use the facilities at the following dates and times: 1:�Va 3: oo PM- 40 ?:oopm- 4411. ?.ot 9 - mal Zq , 2619 WEEKDAYS: From 8:00am to 11:00am Mal Z8, 7019 - Jukn 31. 200 SWIM MEETS: From 4:00pm to 10:00pm SATURDAYS: N/A SUNDAYS: N/A DATES: May 1, 2019 - July 31, 2019 1. In consideration for the usage of the facilities, the Organization agrees to a direct payment to the City of 15% commission on all registration fees and 100% of all applicable non-resident fees. 2. The Organization agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the Organization. The organization must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and Organization. 3. The Organization agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. Organizations shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and Organization. Ideal Capacity: 108 Previous Season Participation: 87 Participation Goal for This Season: 95 4. The Organization is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton and City of e 1phGrettG residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton�^ 1phGre f f a residency requirement and must be verified by the City GIS database prior to formation of an advanced level team. If the Organization is an Association subject to the City of Milton's Athletic Association Organizational Manual, the Organization shall comply with the program requirements set forth in Exhibit A. 5. The Organization 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. b. The Organization shall ensure that its coaches satisfy the certification and training requirements set forth in Exhibit B. INITIALED: So 10. Organization shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Organization without prior written consent from the City. Such alterations; additions, or improvements shall become and remain City property. 11. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 12. The Organization 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 violation of any requirement of the Manual or this agreement or the willful or negligent acts, errors, or omissions of the Organization 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. 13. It is the understanding of the City and the Organization that nothing contained in this agreement shall be interpreted to assign to the Organization any status under this agreement other than that of an independent Organization. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Organization 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 Acta the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Organization agrees that it 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 Organization and the City and the City will not be liable for any obligation incurred by Organization, including but not limited to unpaid minimum wages or overtime premiums. 14. 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. 15. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ORGANIZATION NAME:_ 1At1 6 muAp u15_1-11 ADDRESS:S1 7-8 _ Ph*��rOyt. eoAcl CITY/STATE/ZIP:_ M1116(i , CnA 30b0 4 PHONE:. 40(4 - SI 3 - -9151 _ WEBSITE:___ fY\Abnmus4-aog5. 5W!yi6Pi; Coni EMAIL: beJ,-hW1tSon lq &- VAhoo. Cp(y-, CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2489 www.cityofmiltonga.us jim.cregge�acityofmiltonga.us 16. This agreement may be executed in counterparts, each of which shall constitute an original. 17. 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 Organization in the execution of the terms of this agreement. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 19. The Organization may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 20.. The Organization agrees to adhere to all relevant City policies and procedures including, but not limited to the City's Athletic Association Organizational Manual or Agreement for Outside Providers (whichever is applicable) in effect as of the date of this Agreement (which policies and procedures the Organization has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 21. The Organization will adhere to fee policies set by the City, including fees that may not yet be currently established. 22. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The 'invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and the City's Athletic Association Organizational Manual or Agreement for Outside Providers; that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 23. The Organization acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Organization under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Organization is subject to the Open Records and Open Meeting laws of the state of Georgia. The Organization agrees to comply with those laws. To the extent that the Organization 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 Organization further agrees that all books and records of the Organization shall be made available to the City of Milton as and when requested for review or audit. 24. City shall have the right to terminate this Agreement upon failure of Organization to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Organization with a written notice specifying Organization's failure to 5 perform, and providing Organization 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 Organization 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 Organization. Organization shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Organization. Prior to exercising this right of termination, Organization 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 Organization, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Organization 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. I hereby acknowledge and understand that the Organization, 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 Athletic Association Organizational Manual. I understand that failure of the Organization or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ORGANIZATION: By�� �L President Name: I!, W %* %SnA _ (Typed or Printed) Date: L `7, \ \'k Attest• Organ' ' n Secretary Name: (Typed or Pri ted) Date: k`Y \yq [AFFIX CORPORATE SEAL] ,j joHN� ��ti},,•�OT AR� DMS GEORGIA J* 31, 2020 �-euHoG,o CITY: Steve Krokoff, City Manager City of Milton Date: Ratified by City Council: By:__ Joe Lockwood Mayor, City of Milton Date:- . - - . EXHIBIT A [This exhibit to be modified on a case-by-case basis to reflect the varying nature of advanced level teams in different sports.] 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. The MOU with the City of Alpharetta expired on November 30, 2018. City of Alpharetta residents who participate in Milton recreation programs shall no longer be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any players added late to a roster must keep the team's residency above the required percentage. If a resident leaves a team mid-season, dropping the residency below the required percentage, only residents can be added to the roster until the residency is at or above 50%. 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. INITIALED: EXHIBIT B Organization 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: American Swimming Coaches Association & USA Swimming. The Organization may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Parks & Recreation Department within two weeks of the season start. SPORT: -- ACCEPTABLE COACHING CERTIFICATIONS: #N'VkA^ku S':. -A E'cSs o c.1.ca� �n A+ 3t ia� CERTIFICATE OF LIABILITY INSURANCE FDAT4122/2018 Y) 04/22/2016. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS U PON 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 statementon this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sadler &Company, Inc. dbalSU-Saler&Company P. O. Drawer 5866 Columbia SC 29250-5866 CONTNAME:Lt Kandyce Breeden (40No Ezt : (803)254-6311 arc No : (803)26r,4017 ADORES.: kandyce@sadlerspons.com INSURERS) AFFORDING COVERAGE NAIC I INSURERA : United States Fire ins. Co. INSURED Milton Mustangs Swim Club, LLC 775 Quarterpath Lane Milton GA 30004 INSURER B: INSURER C: INSURERD: INSURER E: INSURERF: rwCDAr_Cc C9:rgTICIl4ATR NIIMMC92- ULltWdZUZ9f0 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 ON MAY PERTAIN. TME 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. INSP LTR TYPE OF INSURANCE. INSD WVD. POLICY NUMBER MMI D EX LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MACE � OCCUR Y 2006 Heritage Walk GA 30004 SRPGAPML1010717 04115/2016 r04/15/2019 EACH OCCURRENCE $ 1,ODD,OCO PREMISES' Ea occurrence $. 300,000_ MED EXP An one person) $ 5,000 PERSONAL & ADV INJURY g 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: X PCUCY ❑ PRJEGTO- ❑ LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMPIOPAGG $ 2,000,000 $ AUTOMOBILELIABIUTYIMI. ANY AUTO OWNED SCHEDULED AUTOS.ONLY AUTOS HIRED NO11OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE $ Ea eccid3n[ BODLY INJURY (Per person) $ BOULY INJURY (Per accident) AMA $ Pere ddent S UMBRELLA.LIAS EXCESS UAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DID RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY— ANY PROPRIETOR/PARTNERIEXECUTIVE —] OFFICERIMEMSER EXCLUDED? (Mandatory In *0 Ityyas, describe under DESCRIPTI ON OF OPERA11 ONS below NIA STATUTE ER E.L. EACH ACCIDENT. $ E L. DISEASE- EA EMPLOYEE $ EL. DISEASE- POLICY LIMIT $' DESCRtPMONOF OPERATIONS I LOCATtONSI VEHICLES (ACORD 101, Additional Remarks SchediJe, maybe attached ifmore space Is regWred) Swimming The certificate holder has been added as an additional insured but onlywith respect to the liability arising out of the operations of the named insured during the policy period. GtK.11tICA1ttIUL.IJCK — — SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Milton Parks and Recreation AUTHORIZED REPRESENTATIVE 2006 Heritage Walk GA 30004 4.0064 Milton nnnn rMeDnDATIn AI All AMk#. r ... Iwind w I7.U{l'LVrY P,__, v _ r,.�.. ..... L. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD MILTON\t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2019 FROM: Steven Krokoff, City Manager I;}) AGENDA ITEM: Approval of a Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Milton Tennis Center. MEETING DATE: Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( },APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (.,,,-YES ((YES APPROVAL BY CITY ATTORNEY: ( .,,,(PP ROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678 .242.2500 IF: 678.242.2499 info@ci tyofmiltonga.usIwww.cityofmiltonga .us 0900 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on February 15, 2019 for the March 4, 2019 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Milton Tennis Center. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Milton Tennis Center. Executive Summary: Milton Tennis Center will provide the city youth and adult tennis programming. This program will offer tennis teams, camps and classes at the Milton Country Club. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City as well as facility rental fees. Alternatives: If this contract is not approved, we will have to research to find another tennis provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, December 3, 2018 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Milton Tennis Center. CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day o; ` , 2019, 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 2006 Heritage Walk, Milton, Georgia 30004, hereinafter referred to as the "CITY." and MILTON TENNIS CENTER 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 TENNIS TEAMS, CAMPS AND LESSONS at the following locations: MILTON COUNTRY CLUB & 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 ^' PH ^ RETT^, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON eF ^' PH ^ R ^ . The out of city fee is capped at a maximum fee of $90.00. 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. INITIAL: 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. PROVIDERunderstands and agrees that the DEPARTMENT shall_ have first priority for 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 "6"), which must be completed and executed by and for all of 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 Itis 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. 1.22 The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey, The City will share the results with the PROVIDER. The PROVIDER must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and PROVIDER. 1.23 The PROVIDER agrees to continually strive to grow the program(s) it is operating, For the facilities. provided, the ideal number of participants is identified below. PROVIDERs shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and PROVIDER. Ideal Capacity: 46 Tends Teams Previous -• Participation: Growth Goal for This Year: 40 3 1.24 The PROVIDER is permitted multiple advanced level (non-recreation level) teams provided that no advanced level team displaces a single recreation-level participant or team and the advanced level teams must be made up of at least 507o City of Milton and City Of AlphG-etfa residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton/�4lpherefta residency requirement must be verified b th Gity GIS database prior to formation of an advanced level team. INITIAL: 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. 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 providedherein), 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 hall 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 (capped at a maximum of $90.00) 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 verificafion 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. Paymentswill 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. 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 righf 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. 5 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 wriften notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal 'injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,.000 Combined Single Limit - each occurrence $2,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury $1;000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 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, 2019, 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, orvolunteers. 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 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. r 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, 'indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION; and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments; injuries, damages; losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder.. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an indemnified Party. Such obligation shall not be construed to, negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, fhe 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. 13 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 menfal 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 V1 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. All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and TERRE O'BRIEN 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 CaTY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: M i ►_-ront,Ca4. 3000 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 wifh 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 _ U 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. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontracfor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein.: The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being 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 sections) 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 wouldhave 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 FOREGOIING, the Parties have set their hands and seal the day and year first written above. ATTEST SUDIE GORDON, CITY CLERK ATTEST Print Its.- (Assistant) ts: (Assistant) Corporate Secretary (required if corporation) CITY: BY: JOE LOCKWOOD, MAYOR PROVIDER: Print: TT= 2 2(*_J•k� �+31L r�.� Its: (circle one) - President/Vice President (Corporation) - General Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation 12 o'T A,p ,OZ E)MRES GEORGIA July 31, 2020 r C',y UN LIG EXHIBIT "A" QMSERT SCOPE OF VUORK (INCLUMMG BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND 0MMv UAA NUA&BER OF PARTICIPANTS)] A/ ; /4 L-Ea-��s 'VJO M EEN'5 vo-�4/ r IM t N S .-!>A--TL; Q T, > iV� 30�5 `2-114411iS Cwt ZL5 I2� ice, ! ZS VJ I N T - Co-'- V -t fvA —E S=n��ok? V\4rfk)S acv wOM `N S �ZJ L-PKD ) F C�-> ���� 2-C,-- A LT -4 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: �-'t A, , eVe* 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 > -., 2018 in y"'' t� N (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 I Y DAY OF f/2eccw43-201F. NOTARY P I EXPIRES GEORGIA MY 31.2020 AUB L�G� My Commission Expires: �2 0 EXHIBIT "f7" 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: Ij /A eVerK Number 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 ', Z- J�J, 2015 in M' (city), • (state). Signature of Authorized Officer or Agent T4;-�Zz&i uc O Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME , ON THIS THE / V DAY OF c erwse/ ,201_,,[,. NOTARY PU?d� ,- I�TAR�-` EXPIRES [NOTARY �WJRGIA Judy 31, 2021 "�A_° fes(/K11 My 4.0 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 BEENREDUCED BY PAID CLAIMS. INSRADDL LTR. TYPE OFINSURANCE .INSR SUER WVO POLICYNUMBER 'POLIO E M POLICY -MMIDDIY LIMITS A X COMMERCIAL GENERAL LIABIUTY MADE I OCCUR AOoREss: info@fitnessinsurance-kk.com TODUCER CUSTOMERID• 6BRP000DOD06255200 02/03/2018 12:18 PM EDT 02103/2019: 1201 AM EACH OCCURRENCE $1,000,000 PDAMAGE TO RENTED REMISES Ea occu ranee $1,000,000 MED EXP (Any onepereon) $000 INSURER B: DBA: Tennis Instructor 2535 Bethany Church Rd. Milton, GA 30004 INSURER C: INSURERD: INSURER E: A Member of the Sports, Leisure & Entertainment RPG INSURER F: PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $$,000,000. GEN'L AGGREGATE LIMIT -APPLIES :PER: PRODUCTS —COMPIOP AGG $1,000,000 POLICY ❑ECT .LOC PROFESSIONAL LIABILITY .$1,000,000 LEGAL UAB TO PARTICIPANTS .$1,000,000 OTHER: AUTOMOBILE. UASILrrY COMBINED SNG IMI. (Eaaccident BODILY INJURY (Perpelson) ANY AUTO OWNEDAUTOSSCHEDULED. ONLY AUTOS BODILY INJURY (Per accident) HIRED NON-OWNEDDAMAGE AUTOSONLY BAUTOSONLY eracddent NOT PROVIDED WHILEIN-HAWAII UMBRELLA UAB -0CCUR EACH OCCURRENCE EXCESS LJAB CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY NfAPER STATUTE OTHER A.NYPROPRIETOR(PARINEW, YIN EL EACHACCIDENT EXECUTIVE OFFtCER1MEMBER ❑ EXCLUDED? (Mandatory, in NH) E.L DISEASE—EAEMPLOYEE E.L DISEASE—POLICY OMIT " Ifyes, descdbe under DESCRIPTION OF OPEM71ONS below MEDICALPAYMENTS--FOR PARTICIPANTS PRIMARY MEDICAL EXCESS MEDICAL DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule,may be attached it more space Is required) Instructor of: Tennis Sports instruction conducted of locations that are NOT owned or operated by the instructor. CERTIFICATE HOLDER CANCELLATION Evidence of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN f ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 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' ORPRODUCER AND THE CERTIFICATE HOLDER. 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 25 (2016103) 0 1988-20,15 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD AC®Rh® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDONYYY) f 02103/2018 THIS CERTIFICATE I. ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RI MTS UPON THE CERTIFICATE HOLDER, 1 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' ORPRODUCER AND THE CERTIFICATE HOLDER. i P RAN • If the Certificate holder Js an ADDITIONAL INSURED, the policy(iss) 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. provision= statement on this certificate does not confer rights to the certificate holder in lieu of such endorsenfen s .. PRODUCER CONTACT AME: Mass Merchandising Underwriting K&K Insurance Group, Inc: 1712 Magnavox Way Fort Wayne IN 46804" 0 1-80D-506-4856 A 1-260-456-5590 AIC No Ext d Arc Nc AOoREss: info@fitnessinsurance-kk.com TODUCER CUSTOMERID• INSURER(S)AFFORDING COVERAGE NAIO#" INSURED INSURERA; NationWide Mutual Insurance Company 23787 Terrence B. O'Brien INSURER B: DBA: Tennis Instructor 2535 Bethany Church Rd. Milton, GA 30004 INSURER C: INSURERD: INSURER E: A Member of the Sports, Leisure & Entertainment RPG INSURER F: COVERAGES CERTIFICATE NUMBER: W01172856 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 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. INSR LTR TYPE OF INSURANCE IVSD WVD POLICY NUMBERMP.VD (Owner/Lessor of Premises) MPIIDOIYYYY LIMTB A X COMMERCIALGENIERALUABIUTY X 6BRPGODOOM6255200 02/03/2018 02/03/2019 EACH OCCURRENCE $1,000,000 CLAIMS- � OCCUR MADE 12:18 PM EDT 12:01 AM PREM SES a Ocw�enre $1,000,000 MED EXP (Any one person) $$,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $$,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPIOP AGG $1,000,000 POLICY ❑ PE ❑LOC CT j PROFESSIONAL LIABILITY $1,000,000 LEGAL LIAB TO PARTICIPANTS $1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE 17 1 (Ea—d-) BODILY INJURY (Per p—) ANY AUTO OWNED AUTOS SCHEDULED ONLY AUTOS BODILY INJURY (Per amdenl) PROPERTY DAMAGE HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Per accident NOT PROVIDED WHILE IN HAWAII UM-.— -13H EACH OCCURRENCE AGGREGATE EXCESS UAB CLAIMSMADE DED F RETENTION WORKERS COPA PENSATION AND EMPLOYERS' LIABILfTY N/A OTHER STATUTE ANY PROPRIETORIPARTNER/ Y f N E L EACH ACCIDENT EXECUTIVE OFFICERMEMBER ❑ EXCLUCED7 (Mandatary in NH) E DISEASE - EA EMPLOYEE E DISEASE - POLICY UMIT If yrs, describe under DESCRIPTION OF OPERATIONS below MEDICAL PAYMENTS FOR PARTICIPANTS PRIMARY MEDICAL EXCESS MEDICAL DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it mom space is required) Instructor of: Tennis Sports instruction conducted at locations that are NOT owned or operated by the instructor. 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. CERTIFIICATE HOLDER CANCELLATION City of Milton H ULD NY F THE BOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2006 Heritage Walk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Milton, GA 30004 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Owner/Lessor of Premises) y� ivc�vl 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 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are reglsteretl marks of ACORD P:l 0203201812 dt (65.6. KB) MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2019 FROM: Steven Krokoff, City Manager £) AGENDA ITEM: Approval of a Parks and Recreation Department Agreement for Outside Providers between The City of Milton and North Georgia Recreation, Inc. MEETING DATE: Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( 0-PPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (,V{ES (.y'YES APPROVAL BY CITY ATTORNEY: ( -,/4PPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0800 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on February 15, 2019 for the March 4, 2019 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Agreement for Outside Providers between The City of Milton and North Georgia Recreation, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Agreement for Outside Providers 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, December 3, 2018 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Parks and Recreation Department Agreement for Outside Providers 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 2019, 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 2006 Heritage Walk, 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, CLINGS, CAMPS AND TOURNAMENTS at the following locations: BELL, MEMORIAL PARK, HOPEWELL MIDDLE SCHOOL, COGBURN WOODS ELEMENTARY SCHOOL, BIRMINGHAM FALLS ELEMENTARY SCHOOL & 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 Grp ^LPH ^ RETTn, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON eF e i PH k RP. . The out of city fee is capped at a maximum fee of $90.00. 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 particip t who have received a scholarship from the PROVIDER. INITIALED: _ 1.6 The PROVIDER warrants to CITY that it is not insolvent, if 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 and for all of 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. 1.22 The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the PROVIDER_ The PROVIDER must maintain a favorable qualify rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and PROVIDER. 1.23 The PROVIDER agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. PROViDERs shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and PROVIDER. 3 Ideal Capacity: 580 (Spring 370 & Fall 210) Previous Year Participation: 487 Growth Goal for This Year:, 500 1.24 The PROVIDER is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton GRd City of AlphGrefte residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milfon/Alphereffe residency requirement must be verified by City GIS database prior to formation of an advanced level team. INITIALED: — 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. 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 too 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%'0 of such fees paid, exclusive of the 50% non-resident surcharge describedin Section 1.4. The 50% non-resident surcharge (capped at a maximum of $90.00) 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. 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 Infernal 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 approvedby the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -Vi" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit - each occurrence $2,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 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, 2019, 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, 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 shallnot 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. W 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. All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and BRANDON ALLEN 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 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: 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 (1RCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. E 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 subcontracfor 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. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being 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 fhe 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: Its: (Assistant) Corporate Secretary (required if corporation) CITY: BY: JOE LOCKWOOD, MAYOR PROV Print: ' cle one - r Vice President (Corporation ; - General Partner jParrT ersntp imifed Partnership) - Member/Manager (LLC) (CORPORATE SEAL] (required if corporation 12 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 2019) Participant Ages: 5-14yrs. old boys Day/s of the week program is offered: 1-2 practices a week and 1-2 games on the weekend Time of Program: Practices are twice weekly for 1.5 hours beginning at 4:00pm, games are scheduled 1 hour and 15 minutes apart to 1 hour and 45 minutes apart on Saturdays (8:00@m-9:30pm) or on Sundays (12:30pm 7:45pm) Program Dates: Practice begins August 5th, First game September 7" Last Game November 9/101h (all weather permitting). Program Feer U9 Boys- $170.00, U11 Boys- $180.00, Middle School Boys- $190.00 Program Enrollment. Minimum: 45 per age group Maximum: 125 per age group Materials to be supplied by participants: cleats/tennis shoes. Materials to be supplied by PROVIDER: Jersey, balls, cones, goals. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, Additional Program Requirements: PROVIDER (`s)Name. North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 200. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance Office Use Only.• Program Rate:$ _ # of programs in Session: S Fee/Program: Fall 2019 Participant Goal 210 players 1 W416 11 I'll 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 2019) Participant Ages: 5-14yrs. old boys Day/s of the week program is offered: 1-2 practices a week and 1-2 games on the weekend Time of Program:. Practices are twice weekly for 1.5 hours beginning at 4:00pm, games are scheduled 1 hour and 15 minutes apart to 1 hour and 45 minutes apart on Saturdays (8:00am-9:30pm) or on Sundays (12:30pm- 7:45pm) Program Dates Practice begins January 14th, First game February 2`d (Jamboree) Last Game May 11"/12 1h (all weather permitting). Program Fee: U9 Boys- $170.00, U11 Boys- $180.00, Middle School Boys- $190.00 Program Enrollment: Minimum: 45 per age group Maximum: 125 per age group Materials to be supplied by participants: cleats/tennis shoes. Materials to be supplied by PROVIDER: Jersey, balls, cones, goals. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 200. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance OfAce Use Only. Program Rate:$ # of programs in Session: S Fee/Program: Spring 2019 Participant Goal- 375 players 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:11 Q�j IP4 - I I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. 7-1 Executed on yl� sane_, -2,2013-in Date of Authorization JJ Aignat6re ). J Nelr�b,�n Rear�a�on �. Name of Contractor -f Authorized O icer or Agent Name of Project Name of Public Employer 15 Printed Name and Title of Authorized Officer or Agent SUB CRIBED AND WORN BEFORE ME ON THIS THE DAY OF IC4 ,201 1. NO Y"Pm: , ;. *490A [NOTARY SEAL] 4-- I G) 2 ..G2 vBC 1 C co O :F 2021 A���! ,T y G O- N My Commissijou 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: 05W eVerify Number '1JV4ol3 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 , 7 , 2015- in M, 16 --(city), V'I'1 (state). Si a ure of Autho ized Officer or Agent &-noAlt APIV) _ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AT SWORN BEFORE ME N THIS THE DAY OF LA 41f S1 0o401 � 0ES E 4f NOTARY PUBLIC `�� 4 .0 �MASS /0 '9j �i O O Vee c�;� i [NOTARY SEAL] : `r N0T'99 td OCJ w C ~� X� r� f i �� �� �L I C i• C` My Commission Expires: NEWTOWN-01 KHEGE A /2 CERTIFICATE 4F LIABILITY INSURANCE 14�117/2019 FDATE(MMroomvxt 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 an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sitner--Henry Insurance Agency, Inc 401 E Antietam St, Ste B Hagerstown, MD 21740 C TCT IAIONa, Exit: (800) 231-9963 A C. Na :(888) 739-1233 E -MA L A o .service@bitnerhenry.com INSURERS AFFORDING COVERAGE NAIL# .INSURER A: Brotherhood Mutual Insurance 13528. INSURED New Town Recreation, Inc 3000 Old Alabama Road #200 Johns Creek, GA 30022 INSURER B: INSURER C : INSURER 0: INSURER E INSURER -F r�r�r,rArc su RAMMM RFVISIANi N11MRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INGURED NAMED A50VC 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 TYPE OF INSURANCE AODL SUBR POLICY.NUMBER POLICY EFF . POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® CCCUR X IOMEA0321804 7/14/2018 7/14/2021 ..EACH OCCURRENCE S 1,000,000 DP (EaAMAGE TO RENTEDor�urrencal 5 _ 300,000 MED EXP (Anyone pperson) S 5,000 PERSONAL& ADV INJURY S 1,000,Q00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JET E-1 LOC GENERAL AGGREGATE 5 3,000,000 PRODUCTS - COMP/OPAGG S 3,000,000 S COMBINED SINGLE LIMIT 5 a OTHERI AUTOMOBILE LIABILITY BODILY INJURY Per gersonl S ANY AUTO BODILY INJURY Per accident S AOUTOSDONLY AUTOS Ep AUTOS ONLY AUTO O LY PROPERTY DAMAGE Peraccldent IS S UMBRELLA UAB OCCUR EACH OCCURRENCE _ AGGREGATE _ l S� EXCESS LIAB CLAIMS -MADE OED RETENTIONS S. WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE .PER I I OTH- TE I I ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE 8 �..N.IA %Fa'ngRlMEIMBER EXCLUDED? (Mandatory n NHHI E.L. DISEASE -POLICY LIMIT ;S Byes, describe under DESCRIPTICN OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 161, Additional Remarks Schedule, may be attached if more space is required) City of Milton is named as an additional insured on this policy in relation to Use of facilities. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS, 2006 Heritage Walk Milton, GA 30004 AUTHORIZED REPRESENTATIVE s ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2019 FROM: Steven Krokoff, City Manager {d) 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. MEETING DATE: Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( .J/4.PPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (/YES (v{YES APPROVAL BY CITY A 1TORNEY: ( v/APPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF : 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga .us 0900 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on February 15, 2019 for the March 4, 2019 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 & Facility Use Agreement between The City of Milton and Eagle Stix Rec Inc. Executive Summary: Eagle Stix Rec Inc provides the city with the girls’ lacrosse program. This program will lacrosse camps, leagues, clinics and tournaments at Bell Memorial Park and 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 lacrosse provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, December 3, 2018 (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. HOME OF'i ric bc:) i f ur Urt IN vc`JKv�I`1' T MILTON ESTAB r I I'D 2006 ATHLETIC ASSOCIATION RGANIZATIONAL MANUAL AND AGREEMENT TABLE OF PAGIM 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 Agreement Consenting to Terms in Manual 30 109919111, 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 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 as set forth in this Athletic Association Organizational Manual. Each Association must indicate its intent and ability to comply with these requirements by signing the agreement found at the end of this Manual (the "AAO Manual Agreement") prior to the operation of any activity on City property. These requirements are necessary in orders to insure the safety and well-being of all participants. The City retains the right to change the requirements of this manual at any time, without advance notice, as it deems appropriate, and any such changes will be binding on any signatory to the AAO Manual Agreement. The City will endeavor to communicate any changes made to this manual to the Association within five (5) business days after the change has been made and approved. The signing of the AAO Manual Agreement indicates the Association's assumption of the financial responsibility for its 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 AAO Manual 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 AAO Manual Agreement. 3 MEMORANDUM OF UNDERSTANDING WITH CITY OF ALPHARETTA The Memorandum of Understanding with the City of Alpharetta expired on November 30, 2018. The rest of this section has been intentionally left blank. Initialed: This section intentionally left b Initialed: 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. 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. 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. 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. 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 the AAO Manual Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at Feast 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. 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 the AAO Manual 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 the AAO Manual 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 the AAO Manual 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 the AAO Manual 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 a Microsoft Excel format and shall include each player's name, residential street address, city, zip code, email address, age/program and resident registration rate. All PO Box addresses submitted will be considered non- residents. The Department will use the Fist to verify the resident status of registered players. The City will use the email address list to distribute an end of season Participant Satisfaction survey. City shall not use the Fist 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. 8 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 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. 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.. Due to the varying nature of advanced Level teams in different sports, the guidelines for an advanced level team for each sport will be addressed in the Facility Use Agreement which will be unique for each program. 11 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 thirty (30) 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 will authorize the Association's own use only. 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. 12 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 welcomed. 13 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. 10 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 I 14 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 the individual Association's Facility Use Agreement when those details are worked out. Sponsor and team banners are allowed to be displayed at the park on the day of an event 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. 12 ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AGREEMENT Any Association seeking to operate on City property or City leased facilities must start by signing the AAO Manual Agreement found at the end of this manual. Once signed, the AAO Manual Agreement will be continuously effective until an Association ceases to provide programs at the City of Milton or until affirmatively terminated by the City or the Association. 2 FACILITY USE AGREEMENT Any Association operating on City property or City leased facilities must also sign the City's Facility Use Agreement prior to the start of the activity. 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. With respect to renewal for the next year, 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. 3 BACKGROUND CHECK - VOLUNTEERS All Association Board members and any individual who wants to coach in a youth program 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. A copy of the background check report from the agency being used must be submitted to the City prior to the start of the regular season games. 4 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. 5 CHILD ABUSE REPORTING LAW Volunteers who work with children are required by Law to report suspected child abuse. The mandatory reporting requirement is a 13 provision in HB 1176, the criminal justice reform bill signed by Governor Nathan Deal on May 2, 2012. Specifically, HB 1 176 changed the definition of "child service organization personnel" to include volunteers. The new law defines "child service organization personnel" as follows: "Child service organization personnel" means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children." In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. CONCUSSlON AWARENESS POLlCiES 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: https://www.cdc.qov/headsup/youthsports/training/index.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. 14 Coach certification and training requirements vary by the sport and will be addressed under the Facility Use Agreement. In addition, it is the responsibility of the Association to ensure that all of their coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. Association must provide documentation of such training to the City upon request. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Requirement • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 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. 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. 15 Any organization which chooses to not charge a registration fee for participation in any program will still be responsible for paying a commission to the City based upon the City -assessed value of the registration. 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 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. 16 Admission Fees Associations are not allowed to require an admission fee or a parking fee to any Association event. For special tournaments and events, a team registration fee may be collected. The Association must obtain written approval from the Director of Parks and Recreation prior to the event where a team registration fee will be collected. 10 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 2 two weeks 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. 11 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. 12 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. 17 13 MAINTENANCE/FACILITY UPKEEP The Department will be responsible for all field and facility preparation for all practices and games. This includes game day facility preparation, grass mowing, and lining of baseball and softball fields. Parks Services staff will prepare the grass baseball fields once per week day, three times on a Saturday and once on a Sunday. The multi -use synthetic turf fields will be prepared once per day. Preparation of any field will only be performed on days that there are previously scheduled activities, in accordance with the submitted and approved schedule. Associations are responsible to report any and all facility maintenance issues to the Department as soon as they are noticed. Associations are required to provide safe sports equipment for participants. Associations are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes playing areas, walkways, restrooms, concession stands, dugouts, etc. Associations should take proper steps to ensure that scheduled activities do not infringe on park neighbors or other park users. This includes reducing excessive noise, excessive traffic, parking problems, etc. 14 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. The City also will update field conditions on the City website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): htfps://www.cityofmiitonga.us/parks-recreation/athletics/ Bell Merno0al 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 18 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. If the Lightning detection system fails to operate, refer to the rules below for the Fulton County School fields. 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. 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. 16 SECURING OF FACILITIES An Association Board member should be responsible for securing facilities after each use, including all practices and games. This includes closing 19 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. 17 INCIDENTS INVOLVING VANDALISM Vandalism must be reported to the Police Department immediately by calling 91 1. 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. 18 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. 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. 20 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 20 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. 21 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. 22 KEYS Keys will not be distributed to the Associations. The City will provide code based locks for those elements of the park that the Associations need access to. Periodically, the Department will change the combinations to buildings, gates, and electrical boxes. The Department will notify affected Association of any changes, and will supply new combinations as needed. 23 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 Focal 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. 21 24 PUBLIC USE OF FIELDS The Facility Use Agreement that will be separately issued by the City 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. City reserves the right to conduct independent participant surveys. In doing so, the City will use the email addresses provided by the Association to survey the participants for feedback on the quality and satisfaction with the facilities, the program and other information. The City will not release an Association's email database to any party and will share the survey results with the Association Board of Directors. 22 CITY AND PARK ORDINANCES Associations are responsible for adherence to all City and park ordinances. A collection of applicable ordinances is shown below, subject to the caveat that ordinances are amended from time to time and these ordinances may not be fully current. 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 23 loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. (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. 24 (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1, § 4), 1-18-2007;. Ord. No. 07-08-42, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014); Ord. No. 15-03-237 , § 1, 3-16-2015) 25 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. 26 I 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. All music played at the park must be in compliance with the current noise ordinances of the City. 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 27 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 iim.creggeCcityofmiltonga.us Program Manager Tom McKlveen, CYSA 678-242-2519 tom.mcklveen@cityofmiltonga.us 28 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 Information on persons involved in the accident/incident: _N EMS notified _Y _N NAME (please print) PHONE Under the a e of 18 Day: Evening: Evening: Day: Day: Evening: Evening: Day: Day: Evening: -Evening: Day: Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening: Day: Evening: Day: Evening: Day: Evening: ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment Photos of accident/incident site taken Person completing form Person completing form Print name _Y _ N _Y _ N Signature Day phone 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@cityofmiftonga.us 29 •... � �. • �. 1 � • ,... 1 1, l This agreement, made this day of , 20 by the City of Milton ("City") and Eagle Stix Rec, INC a Georgia non-profit corporation "Association"). Wiltnesseth: In consideration of the mutual promise set forth herein, the City and Association agree as follows: 1. The Association shall fully comply with all requirements set forth in the City of Milton Athletic Association Organizational Manual (the "Manual") as it currently exists and as it may be revised and updated from time to time by the City. The Association acknowledges that it has been provided a copy of the Manual prior to its execution of this agreement. 2. During the term of this agreement, the Association will be recognized by the City as an entity authorized to provide recreational and advanced level programs on City -owned or Leased property. The specific conditions applicable to use of City property will be set forth in a separate Facility Use Agreement, which must be signed by the Association once a year before engaging in any activity on City property. 3. The City shall endeavor to timely update the Association, through the Association's listed contact information, of any changes to the Manual. The City will not penalize the Association for failure to comply with revised provisions of the Manual unless and until the Association has been provided notice of such revisions and given reasonable time to come into compliance. 4. The term of this agreement will begin upon the last -dated signature placed on this agreement and continue indefinitely until the Association ceases to actively provide recreational programs on City -owned or Leased property or until affirmatively terminated by either party. Either party may terminate this agreement for any reason by providing 30 -days' notice to the other party. 5. The City may inspect Association activities, and shall be given access to Association documents, to confirm that the Association is fully complying with the requirements of the Manual. 6. The Association shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any 30 and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' 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 violation of any requirement of the Manual or this agreement, or 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. The Association shall maintain at all times during the term of this agreement insurance coverages as set forth in the Manual. 7. 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 intentof the parties that the Association is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Association agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Association and the City and the City will not be liable for any obligation incurred by Association, including but not limited to unpaid minimum wages or overtime premiums. 8. 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. 31 9. 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: —7-3e c ,re -� -b, L-c.c. ADDRESS: CITY/STATE/ZIP: "-�','/011 6;04 3(�p e-- a cf PHONE: �/yo '�'16 /'500 WEBSITE e 4 sly S', c✓oSSe . Goy., EMAIL: -1.s -I e5 -S CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2489 www.cityofmiltoncga.us jim.creaae@cityofmiltonaa.us WEE 10. This agreement may be executed in counterparts, each of which shall constitute an original. 11. 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. 32 12. 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 the Manual, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. [SIGNATURES ON FOLLOWING PAGE] 33 ASSOCIATION: By: Pr sident Name: �u ; J J w i�s� e-& (Typed or )Printed) Date: / Zo Attest: Organization Secretary Name: (Typed or Printed) Date: [AFFIX CORPORATE SEAL] rpTARl=`�,L OMB's GEORGIA July 31, 2020 I-iifs By: Joe Lockwood Mayor, City of Milton Attest: Name: Date: [CITY SEAL] Approved as to form: City Attorney 34 This agreement, made this day of 20 , by the City of Milton ("City") and Eagle Stix Rec Inc. a Georgia non-profit corporation called the "Organization." Witnesseth: In consideration of the mutual agreements contained in this document, the City and Organization agree as follows: 1. The Association agrees to provide a youth sports program (organized league play), to wit Girls youth lacrosse leagues, camps, clinics and tournaments as a service for the City in accordance with applicable policies and procedures for youth sports organization operating on City property or City leased facilities. 2. The term of this agreement will begin JANUARY 1, 2019 and continue through DECEMBER 31, 2019. A new agreement must be signed for each calendar year. 3. The City hereby authorizes the Organization to use fields and facilities as listed below: Bell Memorial Park, Northwestern Middle School Birmingham Falls Elementary School, Coqburn Woods Elementary School and Hopewell Middle School. The authorization provided by this agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, basketball goals, lacrosse goals, etc.) for approved League play unless otherwise specified. The Organization is authorized to use the facilities at the following dates and times: WEEKDAYS: From 4:00pm to 10:00pm SATURDAYS: From 8:00am to 10:00pm SUNDAYS: From 12:00pm to 10:00pm DATES: January 1, 2019 December 31, 2019 1. In consideration for the usage of the facilities, the Organization agrees to a direct payment to the City of 15% commission on all registration fees and 100% of all applicable non-resident fees. 2. The Organization agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season qualify survey. The City will share the results with the Organization. The organization must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and Organization. 3. The Organization agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. Organizations shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and Organization. Ideal Capacity: 2 Z Previous Season Participation: 2- Participation Participation Goal for This Season: 7, 2- S. 4. The Organization is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton and Gify ef Alpheiretta residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton / e IphGFe#G residency requirement and must be verified by the City GIS database prior to formation of an advanced level team. If the Organization is an Association subject to the City of Milton's Athletic Association Organizational Manual, the Organization shall comply with the program requirements set forth in Exhibit A. 5. The Organization 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. b. The Organization shall ensure that its coaches satisfy the certificatio d training requirements set forth in Exhibit' E. INITIALED: 10. Organization shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Organization without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 11. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 12. The Organization 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 violation of any requirement of the Manual or this agreement or the willful or negligent acts, errors, or omissions of the Organization 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. 13. It is the understanding of the City and the Organization that nothing contained in this agreement shall be interpreted to assign to the Organization any status under this agreement other than that of an independent Organization. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Organization 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 Organization 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 Organization and the City and the City will not be liable for any obligation incurred by Organization, including but not limited to unpaid minimum wages or overtime premiums. 14. 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. 15. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ORGANIZATION NAME:- aS �e c L../ aSSe ADDRESS: CITY/STATE/ZIP: PHONE:_ WEBSITE: EMAIL; P (..� i ✓L S nPS s (G x . Sia �r�, "-" CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2489 www.cityofmiltonga.us jim.crecige@cityofmiltonaa.us 16. This agreement may be executed in counterparts, each of which shall constitute an original 17. 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 Organization in the execution of the terms of this agreement. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 19. The Organization may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 20. The Organization agrees to adhere to all relevant City policies and procedures including, but not limited to the City's Athletic Association Organizational Manual or Agreement for Outside Providers (whichever is applicable) in effect as of the date of this Agreement (which policies and procedures the Organization has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 21. The Organization will adhere to fee policies set by the City, including fees that may not yet be currently established. 22. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and the City's Athletic Association Organizational Manual or Agreement for Outside Providers, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 23. The Organization acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Organization under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Organization is subject to the Open Records and Open Meeting laws of the state of Georgia. The Organization agrees to comply with those laws. To the extent that the Organization 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 Organization further agrees that all books and records of the Organization shall be made available to the City of Milton as and when requested for review or audit. 24. City shall have the right to terminate this Agreement upon failure of Organization to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Organization with a written notice specifying Organization's failure to perform, and providing Organization 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 Organization 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 Organization. Organization shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Organization. Prior to exercising this right of termination, Organization 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 Organization, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Organization 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. I hereby acknowledge and understand that the Organization, 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 Athletic Association Organizational Manual. I understand that failure of the Organization or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ORGANIZATION: By: President Name:1(11�t®V��� (Typed or Printed) Date: Attest: Organization Secretary Name: (Typed or Printed) Date: [AFFIX CORPORATE SEAL] Wit12-41- 0-- _ ``41,� -504 JO/Y,1" �L E7�IRES GFORGIA JWY 31, 2029 F A 0 LXG ^ , By: Steve Krokoff, City Manager City of Milton Date: Ratified by City Council: By: Joe Lockwood Mayor, City of Milton Date: EXHIBIT A [This exhibit to be modified on a case-by-case basis to reflect the varying nature of advanced level teams in different sports.] 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. The MOU with the City of Alpharetta expired on November 30, 2018. City of Alpharetta residents who participate in Milton recreation programs shall no longer be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any players added late to a roster must keep the team's residency above the required percentage. If a resident leaves a team mid-season, dropping the residency below the required percentage, only residents can be added to the roster until the residency is at or above 500. 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. f INITIALED: r EXHIBIT B [This exhibit to be modified on a case-by-case basis to reflect the varying nature of coaching certifications in different sports.] Organization must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, USA Football, National Cheerleading Association. The Organization may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Parks & Recreation Department within two weeks of the season start. SPORT: /—dc Ll JOSS 4-1 ACCEPTABLE COACHING CERTIFICATIONS: —'�--h-x ��cr���. t 6:ni Tom. `<: 9 MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 25, 2019 FROM: Steven Krokoff, City Managerr;o AGENDA ITEM: Approval of a Contract between the City of Milton and Utility Associates, Inc., for the Purchase of an In -Car and Body Worn Camera System for the Police Department. MEETING DATE: Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (k)<PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4`�ES () NO CITY ATTORNEY REVIEW REQUIRED: (.'YES (J NO APPROVAL BY CITY ATTORNEY: (J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 03/tkd2-q 1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on February 15, 2019 for the March 4, 2019 Regular City Council Meeting Agenda Item: Approval of a Purchase Contract between the City of Milton and Utility Associates Inc for In-Car and Body Worn Camera System. _____________________________________________________________________________________ Project Description: Approval of a purchasing contract with Utility Associates for the purchase of In-Car and Body Worn Camera System. The city solicited ITB’s for the purchasing and installation of In-Car and Body Worn Camera System. Qualifying Proposals were received from Axon Enterprises and Utility Associates. Utility was selected, for both the price quote and the overall product quality. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: FY19 – 100-3210-523850120 - $30,803 FY20-FY24 – 100-0000-1138099 - $237,037 Requisition Total: $267,840 Vendor DBA: Utility Associates Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Axon Enterprises $322,269 Utility Associates $267,840 Financial Review: Bernadette Harvill, February 19, 2019 Legal Review: Sam VanVolkenburgh, Jarrard and Davis February 7, 2019 Attachment(s): Utility Purchase Contract 1 GOODS AND SERVICES PURCHASE CONTRACT MILTON POLICE DEPARTMENT In-Car and Body Worn Camera System This Goods and Services Purchase Agreement (“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, located at 2006 Heritage Walk, Milton, GA 30004 (hereinafter referred to as the “City”), and Utility Associates, Inc., a Delaware corporation, having its principal place of business at 250 E Ponce de Leon Ave, Suite 600, Decatur, GA 30030 (herein after referred to as the “Contractor”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, City desires to obtain certain goods and services related to an In-Car and Body Worn Camera System; and WHEREAS, Contractor has represented that it is capable of providing goods meeting the City’s specifications, and is qualified by training and experience to perform the related services; NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, a nd 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: Section 1. Agreement. The Agreement shall consist of this Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City’s Invitation to Bid Exhibit “B” – Contractor’s Bid (but expressly excluding the “Terms and Conditions” document referenced therein) and Contractor’s Updated Price Proposal dated February 6, 2019. The Updated Price Proposal will supersede any conflicting price terms in the Bid. Exhibit “C” – Insurance Certificate Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. Supply of Goods. The City has requested bids for provision of an in-car and body worn camera system and related equipment and software, attached hereto as Exhibit “A”, and the Contractor has submitted a bid to supply these goods (the “Goods”), attached hereto as Exhibit “B”. The Contractor agrees to supply the Goods to the City in accordance with Exhibits “A” and “B”, and the following terms and conditions: A. Quantity. The Contractor shall supply the Goods in the types and quantities specified in Exhibit “A” and Exhibit “B”, corresponding to the necessary hardware, software and equipment to support 30 officers and 30 vehicles. When requested by the City, the Contractor shall supply additional Goods as necessary to expand the number of officers and vehicles equipped with cameras, at the “replacement parts” prices specified in Exhibit “B” (or for Goods not listed in Exhibit “B”, at a price to be negotiated between the Parties). B. Timing. The Contractor shall use its best efforts to supply the Goods in accordance with the timeframe specified in Exhibit “B”, but in any event all Goods shall be delivered promptly so as to allow the Parties to meet the deadline for complete implementation set forth in Section 3(D). 2 C.Ownership. All Goods supplied to the City will be the property of the City upon delivery. If this Agreement is terminated early, the City will have 60 days following notice of termination to pay the balance due on any Goods and upon such payment will retain ownership of the Goods; otherwise the City shall promptly return to Contractor all Goods not fully paid for. D.Warranty. i.In addition to any other warranties, and notwithstanding any contrary provision elsewhere in this Agreement, including any disclaimers or limitations in documents incorporated by reference in Exhibit “B”: a.Contractor warrants that any non-software Goods supplied to City are of merchantable quality, free from defect, conform to all specifications set out Exhibits “A” and “B” , and are fit for the particular purposes stated in Exhibit “A”. b.Contractor warrants that any software supplied to City (to the extent a Good and not a Service) will perform in accordance with the software warranties described in Section 3(E). ii.To the extent not inconsistent with the warranties above, the “Utility BodyWorn Hardware Warranty” and “Utility Rocket IoT Hardware Warranty” incorporated by reference into Exhibit “B” are also incorporated by reference herein, and expressly modified as follows: As set forth in the “no-fault warranty” requirements of Exhibit “A”, the warranties on Goods will not except or exclude damage due to (a) accident (any unintended damage, including negligence, but excluding intentional or reckless acts or omissions), (b) external causes or acts not the fault of Contractor, unless covered by another exclusion; (c) damage due to improper electrical supply or grounding; or (d) normal wear and tear. E.Shipping and Delivery. Unless otherwise specified by the City, the invoicing and shipping addresses for the Goods will be Attn: Purchasing Department, 2006 Heritage Walk, Milton, GA 30004. The Goods shall be delivered at Contractor’s cost to the City. Packaging and packing of Goods shall insure safe arrival at their destination and the Contractor shall bear risk of loss or damage to Goods from shipment. Defective or inaccurate shipments will be returned at Contractor’s expense. F.Compliance with Law. The Contractor specifically represents and guarantees that: i.The Goods will be produced and shipped in compliance with the Federal Fair Labor Standards Act, the Federal Occupational Safety & Health Act, and DOT Hazardous Materials Regulations. ii. If the Goods are “articles of wearing apparel” “fabrics” “interior furnishings”, or “related material”, covered by the Federal Flammable Fabrics Act, or similar state laws, then unless the Goods are exempted from the provisions of said laws, reasonable and representative tests have been made according to the procedures prescribed in Section 4 of the Flammable Fabrics Act and the Goods have been shown not to be so highly flammable as to be dangerous. iii. All Goods and elements of Goods supplied to the City are free of any infringement of a US or international copyright, patent or other intellectual property right. Section 3. Supply of Services. The City has requested bids for provision of implementation/integration services, training services, cloud storage, “software as a service” programs to access and edit video, 5 years of technical support, and related services in relation to the in-car and body worn camera system attached hereto as Exhibit “A”, and the Contractor has submitted a proposal to supply these services (the “Services”), attached hereto as Exhibit “B”. The Contractor agrees to supply the Services to the City in accordance with Exhibits “A” and “B”, and the following terms and conditions: A. Term of Services. With the exception of one-time Services such as installation/configuration of the system, all Services shall be provided for a five-year term, beginning on "the Effective Date" and ending March 3, 2024. B. Scope of Services. Unless otherwise stated in Exhibits “A” or “B”, the Services include all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Services. Some details necessary for proper execution and completion of the Services may not be specifically described in the Scope of Work, but they are a requirement of the Services if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the work. All Services shall allow the City to comply with applicable Georgia law governing record retention, including but not limited to O.C.G.A. § 50-18-96. 3 C. SaaS Agreement. The Software-as-a-Service agreement incorporated by reference into Exhibit “B” is also incorporated by reference herein, but is subject to all the provisions in the main body of this Agreement, including Section 3(E). Without limiting the effect of any other provision in the body of this Agreement, the SaaS agreement is expressly modified as follows: i. Any provisions in the SaaS Agreement requiring the City to defend, indemnify, reimburse and hold harmless the Contractor and its partners, principals, employees and agents are deemed deleted. ii. The indemnity provisions in the main body of this Agreement shall prevail over any inconsistent terms in the SaaS Agreement, including limitations on liability. iii. The confidentiality provisions in the main body of this Agreement shall prevail over any inconsistent terms in the SaaS Agreement. iv. The term of the SaaS Agreement will be concurrent with the term of the main Agreement. D. Timing. The Contractor shall use its best efforts to supply the Services in accordance with the timeframe specified in Exhibit “B”. Unless unreasonably delayed by the City, the Contractor shall ensure that the camera system is fully implemented (including training) no later than April 1, 2019. E. Warranty. In addition to any other warranties, and notwithstanding any contrary provision elsewhere in this Agreement including any disclaimers or limitations in documents incorporated by reference in Exhibit “B”, Contractor represents and warrants: i. That Contractor has the necessary knowledge, experience, abilities, skills and resources to perform the Services, and shall perform the Services in a workmanlike manner, consistent with prevailing industry standards and practices. ii. With respect to software supplied to City, that: (a) Contractor owns the software or has the right to license it to City; (b) the software does not contain any virus or harmful code; and (c) the software will perform without any material defects and in accordance with the capabilities represented in Exhibit “B”. F. Compliance with Law; Licenses, Certification and Permits. 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 Services contracted for under this Agreement. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Services described in this Agreement. All Services, including software offered as a service, shall be free of any infringement of a US or international copyright, patent or other intellectual property right. G. Contractor’s Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Services 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. Section 4. Compensation. The amount paid as compensation shall be the fixed price of $267,840, payable in installments as set forth in the Updated Price Proposal attached as part of Exhibit “B”. Payment will be made within 30 days of receipt of an invoice to be provided by Contractor to the City. Section 5. Contract Term; Termination. The term of this Agreement (“Term”) will commence as of the Effective Date, and expire upon completion of all obligations of the Parties. City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to City for Contractor’s breach of this Agreement, City shall pay Contractor any amounts invoiced as of the date of termination. If the Term of this Agreement spans more than one calendar 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 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 City’s provision of written notice of non-renewal to Contractor 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 Contractor until fully paid for by City. Upon termination or expiration of this Agreement, Contractor shall retain all of City’s data for a period of 60 days, and shall make all software and hosting services available to the City for a period of 60 days, for the limited purposes of 4 allowing City to download its data. Section 6. Change Orders. Any modification to this Agreement shall require a written change order executed by the City in accordance with its purchasing regulations. Section 7. Covenants of Contractor. A. Compliance with Law. Contractor shall provide the Goods and perform all Services in accordance with the standard of care and quality ordinarily expected in the industry and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, 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.). B. 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 the City. C. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “C”, attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. D. 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. 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. Contractor agrees that the employee-number category designated below is applicable to Contractor. 5 ____ 500 or more employees. ____ 100 or more employees. _X__ 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. E.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 providing the Goods and performing the Services. 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 contractor or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. F.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. G.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. H.Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for defects in the Goods sold and Services provided 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 character of the Goods and the performance of the Services rendered, including without limitation any actual or alleged patent infringement, domestic or foreign, in the use of the Goods. Contractor shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, 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 Services, supply of the Goods, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omi ssions Consultant or subcontractor may be liable. The defense and indemnity obligations above shall apply regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that with respect to engineering, architectural, or land surveying services, there shall only be an indemnity obligation to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise 6 exist as to any party or person described in this provision. 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. I. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to provide the Goods and perform the Services as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Services are performed and the method used to perform such Services; the instrumentalities, tools, supplies and/or materials necessary to complete the Services; hiring and payment of consultants, agents or employees to complete the Services, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant 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. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant 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. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. J. Confidentiality. i. Notwithstanding anything to the contrary in Exhibits “A” or “B”, and notwithstanding the maintenance of the web-based program to which all City law enforcement video recordings are uploaded, the City will be deemed the custodian of all records and recordings created or stored pursuant to this Agreement for purposes of Georgia Open Records Act compliance. All requests made for copies of camera records and recordings under O.C.G.A. 50-18-70 et seq. shall be processed by the City, and the Contractor shall not respond to any such requests. If Contractor receives a request for City records or re cordings from a third party, Contractor shall promptly forward such request to the City Police Chief, or his or her designee . ii. The Parties acknowledge that city governments in Georgia are subject to the State’s Open Records Act, O.C.G.A. § 50-18-70, et. seq.. If Contractor submits records containing trade secret information, and if it 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 O.C.G.A. § 50-18-72(a)(34). In addition, in the course of complying with its duties to timely respond to an Open Records Act request the City may disclose any information disclosable under that Act, without having to first notify or obtain permission from Contractor. Section 9. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. 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. 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. 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. B. 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. 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, and Contractor submits to the jurisdiction and venue of such court. C. 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. 7 D. Notices. All 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 first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied 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. 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. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with this Agreement. The Parties 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. 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 invalid. 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. G. Authorization to Accept Embedded Third-Party Software. To the extent third-party software is provided as part of the Goods and Services and such software requires City to accept end-user license agreements, this Agreement will constitute approval of, and authorization of the City staff implementing this Agreement, to accept on the City’s behalf, any license agreements accompanying the software. IN WITNESS WHEREOF, City and Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR Utility Associates, Inc. Signature: Print Name: � Its: C4p President/Vice President (Corporation) Attest/Witness: � F F /moi? r s�tr Title: rpp_ (Assistant) Corporate Secretary (required if corporation) Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney [CORPORATE SEAL] (required if corporation) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 8 [CITY SEAL] EXHIBIT “A” ITB 19-PD01 1 | P a g e CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: 19-PD01 Project Name: In-Car and Body Worn Camera System Due Date and Time: November 8, 2018 Local Time: 2:00pm Number of Pages: 44 ISSUING DEPARTMENT INFORMATION Issue Date: October 18, 2018 City of Milton Police Department 13000 Deerfield Pkwy, Ste 107F Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Mark Face of Envelope/Package: Bid Number: 19-PD01 Name of Company or Firm Special Instructions: Deadline for Written Questions October 29, 2018 at 5:00 pm Email questions to Honor Motes at honor.motes@cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 19-PD01 2 | P a g e Table of Contents Topic Page Invitation to Bid 3 Schedule of Events 5 Bidding Instructions (What must be submitted) 6 Bid Form and Addenda Acknowledgement 11 Qualifications Signature and Certification 13 Corporate Certificate 13 List of Subcontractors 14 Contractor Affidavit and Agreement (eVerify) 15 Disclosure Form 16 Project Specifications 17 Bid Submittal Form (2 pages) 28 Sample Contract Agreement 32 ITB 19-PD01 3 | P a g e Invitation to Bid 19-PD01 The City of Milton is accepting sealed bids from qualified firms for the In-Car and Body Worn Camera System for the Police Department in conformance with Title 36, Chapter 91 of the Official Code of Georgia Annotated. All work will be done in accordance with the specifications in this document for the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on November 8, 2018. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 2006 Heritage Walk Milton, GA 30004. At approximately 2:05 PM Local Time on the day bids are received the bids will be publicly opened and the bidder’s name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (19-PD01) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions October 29, 2018 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about November 1, 2018. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder’s responsibility to check the websites for potential updates. Please refer to Bid (19-PD01) and bid name (In- Car and Body Worn Camera System) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the “Notice to Proceed” is issued. The time of completion for the p roject is to be determined prior to the issuance of the “Notice to Proceed.” ITB 19-PD01 4 | P a g e *Important to remember when submitting digital files: 1. Mark all CD’s or Flash Drives with Bidder’s name and ITB number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the City is unable to open files due to data-corruption, password or encryption error, etc., the Bidder’s proposal may be considered incomplete. 4. NOTE: All digital copies must include exactly the same information as provided in the hard copy “Original”. ITB 19-PD01 5 | P a g e SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date October 18, 2018 Deadline for Receipt of Written Questions 5 PM on October 29, 2018 Posting of Written Answers by City to Websites on or about November 1, 2018 ITB DUE No Later than 2:00 PM on November 8, 2018 Tentative Contract Award (on/about) November 19, 2018 Notice to Proceed (on/about) To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 19-PD01 6 | P a g e BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 11-12 3 Qualifications Signature and Certification 13 4 List of Subcontractors 14 5 Contractor Affidavit and Agreement (eVerify) 15 6 Disclosure Form 16 7 Bid Submittal Form (2 pages) 28-29 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a lump sum “purchasing contract” with one firm to be the primary supplier for product and services established by this invitation to bid. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as “no substitute” or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer’s number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with thirty (30) days written notice. ITB 19-PD01 7 | P a g e Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. INSURANCE REQUIREMENTS Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These ITB 19-PD01 8 | P a g e requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. ITB 19-PD01 9 | P a g e (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of ITB 19-PD01 10 | P a g e the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) 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. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 19-PD01 11 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 19-PD01 In-Car and Body Worn Camera System The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work as scheduled in Task Order(s) issued. ITB 19-PD01 12 | P a g e If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of __________________ Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed _______________ _______________ _______________ _______________ Bidder further declares that the full name and resident address of Bidder’s Principal is as follows: Signed, sealed, and dated this _______ day of _____________, 20_____ Bidder _______________________ (Seal) Company Name Bidder Mailing Address: ___________________________________________ ___________________________________________ ___________________________________________ Signature: ________________________________________ Print Name: ______________________________________ Title: _____________________________________________ ITB 19-PD01 13 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that _______________________________________ who signed said bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 20______ ______________________________________(Seal) (Signature) ITB 19-PD01 14 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do _________, do not _______, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:___________________________________________________ ITB 19-PD01 15 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] 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 _________________________________ Date of Authorization _________________________________ Name of Contractor In-Car and Body Worn Camera System 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 ______, ___, 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: _________________________________ ITB 19-PD01 16 | P a g e DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ ___________________ ____________________________________________________ ITB 19-PD01 17 | P a g e PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Police Department (City) requests for interested parties to submit formal sealed bids for an In-Car and Body Worn Camera System. The Contractor will provide a fully integrated In-Car and Body Worn Camera System. The system must have wireless downloading and a cloud based storage system. This system will also include a 5 year warranty, 24/7 Technical Support and a 5 year, 0% payment plan. In-Car and Body Worn Camera System: The Milton Police Department’s objective is to obtain In-car and body camera equipment, accessories and all services required to fully implement in-car and body worn cameras within the police department. Initial deployment is anticipated to consist of camera systems to outfit approximately thirty (30) dual systems. The number of cameras may be increased or decreased annually. The vendor’s camera system (“System”) shall consist of a comprehensive solution that shall enable video and audio recording from both in the vehicle and from the police officer’s perspective. It must be designed to archive, manage, and quickly retrieve video data that meets or exceeds federal, state, and local standards. At a minimum, the System shall incorporate the eighteen (18) core operating characteristics recommended by the Department of Justice (“DOJ”) FY206 Body Worn Camera Grant Announcement, which can be found on the National Institute of Justice website (https://www.nij.gov/topics/law- enforcement/exhibits/Pages/body-worn-camera-operating- characteristics.aspx). The vendor’s proposed System shall include everything needed for successful implementation. This shall include, but shall not be limited to, the installation and configuration of hardware, software, back-end services and integrations, peripheral hardware and software, technical support, as well as on-site training and certification for operators and administrators. The general specifications listed here in are presented as a guide of a desirable camera system that the City will consider. The City is looking for a state of the art System that will meet or exceed MPD’s technical and functional needs. Offerors are requested to include the detail specifications and benefits of their proposed ITB 19-PD01 18 | P a g e camera system in their submitted bid as outlined in this ITB. A. General Specifications In this section the term “System” is used to describe the entirety of the Offeror’s proposal to include cameras, peripheral hardware, evidence and system management portal, etc. The Proposal shall consist of a comprehensive System that must enable video and audio recording from a police officer’s perspective. The System shall be designed to archive, manage, and quickly retrieve video data that meets or exceeds federal, state, and local standards. At a minimum, the system should incorporate the eighteen (18) core operating characteristics recommended by the Department of Justice (DOJ) FY206 Body Worn Camera Grant Announcement, which can be found on the National Institute of Justice website (https://www.nij.gov/topics/law-enforcement/exhibits/Pages/body-worn- camera-operating-characteristics.aspx). The vendor’s System shall include everything needed for successful implementation. This includes, but is not limited to, the installation and configuration of hardware, software, back-end services and integrations, peripheral hardware and software, technical support, as well as on-site training and certification for operators and administrators. The vendor shall include production level devices (i.e. not in beta-testing) that have been field tested and deployed to other law enforcement agencies with greater than fifty (50) systems deployed. The vendor shall have sufficient inventory on hand, and be capable of providing the required number of Systems within ninety (90) days of contract execution. The vendor’s data/evidence management and administration system shall be “live”, and currently in use by other agencies (i.e. no web mock-ups or beta testing). The vendor’s System shall provide end-to-end encryption of data that is in compliance with current Criminal Justice Information Services (CJIS) Security Policy. All captured data from cameras, and stored in the evidence management / ITB 19-PD01 19 | P a g e data storage system shall be wholly owned by the Milton Police Department (MPD). The vendor shall provide routine technical support during normal business hours, responding to and resolving routine cases within an agreed upon service level agreement (SLA). The vendor shall also provide 24-hour/7-days per week emergency technical support to include enterprise-wide outages. The vendor shall provide a method to ensure ongoing and refresher training to account for personnel turnover and changes to the Systems due to updates or technology changes. The vendor shall provide immediate notification of any security or data breach of any of their systems or facilities whether or not City data is directly hosted on that system. The vendor shall provide notification and remediation plans regarding any security vulnerability that is deemed to have a critical severity, and that may impact the overall security of their platform whether or not City data resides directly on the affected system. The vendor shall provide for timely replacement for warranted items should they fail. Each device should have a no-fault warranty. The System shall have the ability to integrate with existing Computer Aided Dispatch (CAD) and RMS systems to pass case numbers, locations, officer ID, call type, etc. The System should transmit GPS coordinates from each camera for the purpose of real-time user location tracking. The camera should automatically activate from external trigger events, such as car door opening, light/siren activation, etc. The System should have a method, by which, the video and photographs can be reviewed and tagged from the field. Preferably, the videos will be automatically tagged via the integrations with CAD and RMS systems, but even in this case, operators must be able to edit these while in the field. The vendor’s System must include a means of viewing photographs, videos, and audio without altering the original file. ITB 19-PD01 20 | P a g e B. Camera Requirements as outlined in the DOJ 18 Core Operating Characteristics The following criteria are outlined in the DOJ 18 Core Operating Characteristics, and are requirements for this procurement: Requirement #1 – Recording Format: Video and audio shall record and export in a standard, open, non-proprietary format, including both Codec and container such that it can be replayed in freely available software (e.g., VLC player) without processing or conversion. Standard open formats should be used for interoperability. Examples include MP4 and MKV. Data formats that can only be viewed within manufacturer-specific replay software will not be considered. Requirement #2 – Video Resolution: The camera shall record at a resolution of at least 720P. Requirement #3 – Video Encoding & Compression: The camera shall capture, encode and compress recordings in the most efficient manner possible; maintaining video quality while maximizing compression and the amount of information available. At a minimum, recordings shall use the H.264 Codec. Requirement #4 – Frame Rate: The camera shall record video at no less than twenty-five (25) frames per second. Requirement #5 – Horizontal Field of View: The camera shall have at least a 90-degree field of view. Requirement #6 – Camera Focus: The camera shall be able to autofocus on all objects from about one (1) foot away to infinity. The camera shall have automatic image stabilization to reduce motion jitter when the camera (operator) is moving. The camera lens, in addition to auto-focus, should have auto-exposure and automatic white balance. Requirement #7 – Audio Quality: The camera shall be capable of clearly capturing conversational speech at a distance of three (3) feet without excessive background or wind noise. ITB 19-PD01 21 | P a g e Requirement #8 – Separate Audio Resolution and Encoding/Compression: The camera shall record audio at a sampling rate of at least 22KHz with at least a 24-bit capture per microphone, and use open, non-proprietary encoding such as MP3 and WMA. Requirement #9 – Recording Triggering: The camera shall have pre-event recording (buffer) to overcome any latency period between when a recording is initiated, regardless of whether or not it is a user-triggered or event-triggered recording, and when the System actually begins recording. Operators shall be able to activate and deactivate a recording from the camera. The operator shall be able to visually confirm, in all light conditions, that the system is recording. The operator shall be able to silence/eliminate any audible signals or lights on the device if needed (stealth mode) with the ability to still confirm the device is recording. Requirement #10 – Night Time/Low Light Functionality: The camera shall record useable video in low light, night or severe weather conditions. Requirement #11 – Synchronization and Metadata: The camera shall be capable of recording audio simultaneously and shall be time synced with video. Automatically generated data about the wearer (operator), location, date and time shall be collected and packaged in the video format. The device’s clock must be synchronized with an external universal clock, e ither GPS or another source, so that absolute time of day can be obtained to ensure accuracy. The camera shall identify the user wearing it in the metadata associated with recordings. Triggered event meta-data such as door openings, light/siren activation, etc. shall be stored with the video on the camera, and carried over into the storage/evidence management solution. Requirement #12 – Tamper Resistance: The camera shall be tamper resistant or tamper proof. The camera memory shall ITB 19-PD01 22 | P a g e be secured in the device, even if it is removable. The camera shall not allow users to edit or delete recordings on the body worn camera. The camera shall protect data from being overwritten before it has been transferred or uploaded. The camera shall protect data in the event that an offload/upload fails or cannot be conducted. The camera shall support the hashing of transferred files to enhance tamper resistance. The camera should support onboard encryption to further protect data and improve management of lost devices and memory cards. Requirement #13 – Data Transfer: The camera shall use USB3 connections for charging and/or data transfer when docked. Transfers via wired media shall use strong encryption, and meet the requirements of CJIS Security Policy for encryption. The camera should be capable of securely transmitting (offloading/uploading) data via dock/cable, Wi- Fi, or cellular connections during operators’ normal shift. Data will be encrypted using strong encryption, and meet the requirements of CJIS Security Policy for encryption. The camera shall not use a pre-shared key for wireless authentication if integrating with the enterprise network. The camera shall provide a means by which the video, audio and associated metadata will be authenticated as unedited. Requirement #14 – Data Export: The camera shall upload data to the vendor’s cloud storage solution/evidence management portal in original and compressed native format without loss of quality or associated metadata. The device shall record an audit log which should include information such as device serial number and device events; e.g., on/off, charging, start//stop recording, remaining storage capacity. Requirement #15 – Onboard Storage: The camera shall have sufficient, internal, non-volatile, storage to meet the video quality, frame rate and continuous operations requirements outlined in this ITB 19-PD01 23 | P a g e document. Enough storage shall be available to record a full shift by an officer wearing the device (10 - 12 hours). Describe how your camera meets this requirement. A loss of power must not cause data to be lost or corrupted. Respond that your camera meets this requirement. The camera should warn the operator when there is low storage capacity. Requirement #16 – Battery Life: The camera shall have a battery life of twelve (12) hours of continuous operation. The operator shall receive clear indication of near end of battery life. The camera should include an in-vehicle charger for the camera. Requirement #17 – Durability: The camera shall withstand considerable and repetitive pressure, vibration and mechanical shock. It shall operate within a wide temperature range to account for heat and cold, and be resistant to common environmental hazards, such as dust, dirt, condensation, water splashes, and RF Interference. The camera should protect itself and stored data if it reaches any environmental limitations (temperature extremes, submersion, etc.). Requirement #18 – Weight and Form Factor: The camera shall not distract or hinder the officer wearing the camera from performing other job functions, especially ones related to officer safety. Any cabling or wiring required for the camera to function shall be designed to ‘break-away’ to prevent the user from becoming entangled. The camera shall be easily accessible to the operator and wearable without impeding the user’s normal range of motion. The camera shall be capable of staying in position during physical activities including running, jumping, or any other strenuous activity. Operators shall have multiple options on how the camera can be worn. ITB 19-PD01 24 | P a g e C. Evidence Management, Data Storage and System Administration: In this section these three functions will be referred to collectively as the “System” The vendor’s evidence management, data storage and administration System shall be web/cloud-based, and shall be hosted by the vendor or a third party. The System shall have the ability to manage all hardware and software components through a single management console. The cloud storage platform that is utilized to store City data shall be FedRAMP Compliant with either a Provisional Authorization (P-ATO), Agency Authorization or CSP Supplied Package. The cloud storage shall be sufficient to handle the current data capacity and have the ability to expand or grow as the needs of the department change. The cloud storage shall be secure, redundant and accessible by authorized individuals at any time. The System shall be accessible via the web, and shall support modern browsers such as Google Chrome and Microsoft Edge. The web console used for system access should be HTML-5 based. The System shall support current web security protocols. Specifically, it shall support TLS 1.2, and have old protocols (SSL V2, SSL V3 and TLS 1.0) disabled. It shall support SHA-2 based certificates with key lengths of 2048 bits. The vendor’s System shall be capable of redacting video for external viewing or public release. The System shall provide detailed audit capability for system access. This audit capability shall provide for tracking system access and any modifications to user permissions or access levels, including user creation or deletion. The System shall allow concurrent users to access the same video at the same time. The System shall have user authentication with role-based permissions. The vendor’s System shall support automatic updating of their user attributes, ITB 19-PD01 25 | P a g e including, but not limited to name, email address, department, title, phone number, etc. Describe how your System meets this requirement. The vendor’s System shall support active directory integrations and support for federated authentication using Security Assertion Markup Language 2.0 (SAML 2.0) for cloud based access. The System shall support multiple unique “SAML group attribute” to “System Role” mappings. The System should support multi-factor authentication. Recordings by cameras shall include metadata for indexing and searching, such as date/time stamp, officer, etc. The System shall be able to search, access, and retrieve records/videos up to and including the retention period. The System shall be able to capture a date or event/trigger that establishes the start of the retention period for any document, video, audio file, etc. stored in the system and calculates the date on which the item will become eligible for destruction. The System shall be able to classify recordings, and classification shall be able to set retention periods. The System shall allow for an unclassified video to be retained for a user defined period, after which it will be deleted. The System shall make it possible to export data from storage to a non-proprietary format. The System will provide a means for redaction in recorded videos and photographs. When redaction is required, this operation will not alter the original file. The System shall be able to report on records and videos that have met their retention period and are eligible for destruction. Any request to delete a video shall include all copies. The System shall be able to apply legal holds that suspend deletion - even if those ITB 19-PD01 26 | P a g e records have met their retention requirement - in the event of an ongoing audit, litigation or investigation, PIR, or other legal action. The System shall be able to remove legal holds and resume original retention schedules when an audit, litigation, investigation, PIR, or other legal action is concluded. The System shall be able to prevent the unauthorized alteration or deletion of records. The System shall be able to retain and preserve records/videos until retention is met. The System shall allow for restricted access to certain videos. The System shall be able to produce a report or log indicating which videos have been destroyed, when the destruction took place, who performed the destruction and the reason for destruction. The System shall provide for a robust audit log of all recordings that details access, viewing or playback, edits, deletions, commenting, shares, downloads, transfers, etc. All logs will be date/time stamped, record user data (name, username, email address, etc.) and any unique System data (IP Address, MAC Address, hostname, etc.) that can be reasonably obtained. The System must allow the audit trail for any item (audio, video, photograph, etc.) to be easily generated and viewed by personnel and administrators. D. Proof of Concept The vendor shall allow for an appropriate proof of concept period to ensure that the System meets all of the City’s expectations. Proof of concept will be monitored with the performance criteria below. E. Implementation Detail a typical timeline for full implementation from award of contract to the site being turned over to standard technical support. Also include any pre- delivery requirements that the city may need to plan for such as back-end integrations for RMS and CAD. ITB 19-PD01 27 | P a g e F. Performance Performance will be monitored in accordance with the following (at a minimum): 1. The timeliness in which the cameras are delivered 2. 3. Technical support during the implementation 4. Operator and Administrator training for the cameras as well as the evidence management portal/storage System 5. The cameras functionality and back-end management System 6. Technical support responsiveness to issues involving equipment malfunctions, access to stored material and any additional training needs that are identified 7. Ability to deliver technical documentation, user manuals, etc. 8. Provide any regulations the vendor must abide by 9. The Offeror will be required to abide by all applicable rules and regulations of federal, state and local governing entities. Additionally, the selected vendor shall be compliant at all times with current CJIS Security Policy regarding system, network, and personnel background as applicable to this solicitation and subsequent award of contract. PROSECUTION AND PROGRESS The City desires to have all work completed in a timely manner. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. ITB 19-PD01 28 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form In-Car and Body Worn Camera System The undersigned, as bidder, declares and represents that it has examined the scope of work and informed himself/herself fully in regard to all conditions pertaining to the scope of work to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY___________________________________________________________________ ADDRESS____________________________________________________________________ AUTHORIZED SIGNATURE____________________________________________________ PRINT / TYPE NAME __________________________________________________________ TITLE _______________________________________________________________________ [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] ITB 19-PD01 29 | P a g e BID SCHEDULE Where a conflict exists between the written amount and the calculated pricing, the calculated pricing will prevail. This job is being bid as a lump sum project. In-Car and Body Worn Camera System – TOTAL BID PRICE $ (Total Bid Price - Dollar Amount in Numbers) (Total Bid Price - Printed Dollar Amount) (Company Name) (Signature) (Printed Name) (Title) The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. In relation to that determination, the following criteria will be considered. Please use your own form to answer and provide information for the following: ITB 19-PD01 30 | P a g e *BIDDERS MUST RETURN THIS INFORMATION WITH BID RESPONSE ~ USE YOUR OWN FORM* General Specifications: Describe your implementation process including, but not limited to, the installation and configuration of hardware, software, back-end services and integrations, peripheral hardware and software, technical support, as well as on-site training and certification for operators and administrators. Provide specifics for emergency technical support will be based and how it will be accessed. Provide specifics for ensuring ongoing and refresher training (ex: new hires and system updates). Describe how you will provide immediate notification of security or data breach. Describe how you will provide notification and remediation plans regarding any security vulnerability deemed to have critical severity. Describe the warranty on your devices, and plan for replacing any failed hardware. Also include any metrics for average number of warranty replacements for the make/model of any hardware included in your offer. Describe how your System will integrate with existing CAD and RMS systems. Please describe how your System tracks body camera location and how the information is viewable in the web based client. Describe how video can be viewed and tagged from the field, and list any/all third party software or hardware necessary to fulfill this need, and describe how you will meet this requirement. Describe the method by which an authorized user may access these files in your System. List any/all third party software required to do so. ITB 19-PD01 31 | P a g e *BIDDERS MUST RETURN THIS INFORMATION WITH BID RESPONSE ~ USE YOUR OWN FORM* Camera Requirements as Outlined in the DOJ 18 Core Operating Characteristics: Detail the tamper resistant/tamper proof features of your camera. Describe how your System protects files from being overwritten if an attempt at a file offload/upload fails. Describe how your camera securely and efficiently uploads content from the cameras while maintaining the confidentiality, integrity and authenticity of the data. Implementation: Detail a typical timeline for full implementation from award of contract to the site being turned over to standard technical support. Also include any pre-delivery requirements that the city may need to plan for such as back-end integrations for RMS and CAD. Sample Contract Intentionally Omitted 1 | P a g e ITB1 9 - P D 0 1 - A d d e n d u m # 1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 19-PD01 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ________________________________________________ CONTACT PERSON: _______________________________________________ ADDRESS: ________________________________________________________ CITY: _____________________ STATE: ____________ ZIP: ________________ PHONE: _________________________ FAX: ___________________________ EMAIL ADDRESS: _________________________________________________ ____________________________________ _______________________ Signature Date ADDENDUM #1 2 | P a g e ITB1 9 - P D 0 1 - A d d e n d u m # 1 ADDENDUM #1 ITB 19-PD01 Questions and Answers 1. On page 12 it states the following: “Attached hereto is an executed Bid Bond in the amount of __________________ Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages.” ~ Answer: The City is not requiring a Bid Bond for this project. This section is not applicable and has been removed from this Invitation to Bid. 2. Are you running windows based Moblie Data terminals/laptops in the cars? ~ Answer: car laptops are Windows based 3. Which provider's CAD/RMS system is being used at your agency? ~ Answer: OSSI aka Sunguard 4. How many non-camera carrying personnel will need access to the evidence? ~ Answer: 10 NON camera personnel 5. How do the MDTs currently connect to the internet? ~ Answer: currently by MIFI jet packs 6. Could you please clarify the specifics for the total number of officers that will use a BWC and total number of vehicles that will need an in-car system? ~ Answer: 30 cars and 30 officer body worn cameras 7. Would the Police Department prefer a high definition (HD) In-Car Camera System? ~ Answer: Yes 8. Can you confirm that the deployment from this RFP will be for (30) In-Car Camera Systems and (30) Body Camera Systems? ~ Answer: Yes EXHIBIT “B” ITB #19-PD01 In-Car and Body Worn Camera System SUBMITTAL One (1) Original and Two Copies, and One (1) Electronic Copy on CD Closing Date and Time: November 8, 2018 at 2:00 P.M. EDT City of Milton 2006 Heritage Walk Milton, GA 30004 ATTN: Honor Motes, Purchasing Office Honor.motes@cityofmiltonga.us (678) 242-2500 City of Milton, Georgia Invitation to Bid (ITB) 19-PD01 for In-Car and Body Worn Camera System Bid Proposal Submittal: One (1) Original and Two (2) Copies, and One (1) Electronic Copy on CD Table of Contents Before Section 1: •Cover Letter Section 1: Required Forms and Price Proposal •Invitation to Bid (Cover Sheet) •Bid Schedule •Pricing Quote and Offer Letter •Bid Form and Addenda Acknowledgement •Qualifications Signature and Certification •List of Subcontractors •Exhibit D: Contractor Affidavit and Agreement (eVerify) •Disclosure Form •Bid Submittal Form •Acknowledgment Receipt of Addendum #1 Section 2: Technical Approach of the RocketIoTTM In-Car Camera and BodyWornTM Systems •Executive Summary of Innovative and Added-Value Capabilities •Table of Responses to City of Milton In-Car and Body Worn Camera System Specifications Section 3: Company Qualifications and Experience •Company Profile and Relevant Experience, including References •Flyer - RocketIoTTM Named 2016 & 2018 Innovation Challenge Award Winner by AWS Section 4: Implementation Approach to Services •Project Team, and Relevant Experience of Key Staff •Implementation Methodology, Project Work Plan and Schedule, and Training •Ongoing Support and Customer Service Section 5: Supplemental Information •Summary Sheet: Data Security Documentation •Summary Sheet: Utility CJIS Compliance, and CJIS Compliance in the Cloud •Utility Summary of Agreements, Warranties, Terms & Conditions •Product Data Sheets for the BodyWornTM Solution, including BodyWornTM Mounting Guide, and BodyWornTM User Guide •Virtual Command Center Product Data Sheets: o AVaiLWebTM Digital Evidence Management System o SMART REDACTION™ o SMART SHOT™ Gunshot Detection Tool •Product Data Sheets for the RocketIoT™ In-Car Video System, including Multi-Band Antenna, Smart Waypoint, and Rocket™ Locker •Product Data Sheet for the RocketIoT™ Interview Room Camera Solution Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 1 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 2 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 3 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 4 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 5 Utility Associates Inc 250 East Ponce De Leon Avenue Suite 700 Decatur GA 30030 (800) 597-4707 www.utility.com SALES QUOTE Customer Milton GA Police Date 6/18/2018 Sales Quote #11443 Bill To Milton GA Police 13000 Deerfield Parkway Milton GA 30004 Ship To Milton GA Police 13000 Deerfield Parkway Milton GA 30004 Expires 12/22/2018 Sales Rep Miller, Rachel PO # Terms Net 10 Item BWI-H-4001 BWI-S-4005 SWP-H-4001 DISCOUNT DISCOUNT Description BodyWorn and Rocket IoT In-Car Video System Hardware Bundle AVaiL Web SaaS and Warranty with 24/7 Technical Support for BodyWorn and Rocket IoT In-Car - 5 Years SmartWay Point Access Point Multi-Year Hardware Discount Multi-Year SmartWay Point Discount Qty 30 30 1 30 1 Price Each 3,260.00 9,600.00 3,500.00 (3,260.00) (3,500.00) Amount 97,800.00 288,000.00 3,500.00 (97,800.00) (3,500.00) Total $288,000.00 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 6 www.utility.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707 October 1, 2018 Rich Austin Chief of Police Milton Police Department 13000 Deerfield Parkway Milton, Georgia 30004 Dear Chief Austin, Utility Inc. is honored that your Department has considered our Company to provide its Officers with the BodyWorn™ and Rocket IoT™ solution. We take great pride in our Law Enforcement Partnerships and look forward to adding your Department to the growing family of Departments and Agencies who have deployed BodyWorn and Rocket IoT – the industry’s smartest technology for first responders. Please allow this letter to serve notice that Utility Inc. agrees to the following provisions as part of the service agreement that the Milton Police Department intends to enter into with our Company: 1.Price Proposal: a.Full Body Camera and Vehicle Video/Communications Systems to Support 30 Officers and 30 Vehicles. b.Period of Agreement = 5 Years c.Total System Price, Inclusive of all Hardware, Software Licenses, Data Storage/Retrieval, Warranty, and Support for a period of Five (5) Years for: $288,000 d.Includes a Multi-Year Purchase Discount of -$101,300 with 0% Interest Financing and equal annual payments of $57,600/year for five years as described in Section 4 of this Offer Letter. e.Attachment A - Quote 11443 outlines the details of the price proposal, with part numbers and associated quantities. 2.Bill of Materials Included with the Offer: As part of the annual subscription price for Five (5) years, each system will include the following: BodyWorn and Rocket IoT Vehicle Video/Communications/Camera triggers - Includes AVaiLWeb™ Smart Redaction™ SaaS, Training and Configuration, Warranty and Technical Support with Unlimited Video Storage and Download . Every Officer (Qty. 30) will be equipped with the following: a.BodyWorn Camera and Mount b.BodyWorn Ready Uniforms: Two (2) Blauer Armor Skin Carriers or Four (4) Blauer Supershirt Duty Shirts per Officer c.One (1) Bluetooth BodyWorn Wrist/Belt Trigger d.AvailWeb Video Management Software and Mapping Interface License e.Unlimited Download & Storage – Based on the Department’s Retention Policy f.Smart Redaction Software License g.Installation and Training – Onsite and Online Training Included h.Full Warranty i.24/7 Technical Support for the Life of the Contract (60 months) Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 7 www.utility.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707 Every Vehicle (Qty. 30) will be equipped with the following: a.Rocket IoT™ Vehicle Control Unit, DVR, and Communications Hub b.BodyWorn Vehicle Triggers and Wireless Offload c.Front & Rear Facing HD Vehicle Cameras d.Tablet Interface for Local Viewing of Video e.Setup of Rocket IoT Control Interface through Vehicle MDT f.Installation, Validation, Configuration g.Full Warranty h.24/7 Technical Support for the Life of the Contract (60 Months) *For high-speed wireless video offload, Utility Inc. will provide one (1) Smart WayPoint. Normally, this is deployed at the primary offload location, including Headquarters. Should the Department wish to have alternate offload locations, additional Smart WayPoints can be purchased, installed, for $3,500/ea. See (6) below for details about Smart WayPoint connectivity. 3.Replacement Parts Pricing: a.BodyWorn Camera: $600/ea b.Bluetooth Trigger: $50/ea c.Rocket IoT In-Car Communication System (hardware only): $3,500/ea, installed d.Front or Rear Facing In-Car Camera: $500/ea, installed e.Additional Uniform Purchases: Available through your local Authorized Blauer Reseller 4.Payment Terms for Procurement of Goods: Option 1: Financed Purchase Utility is pleased to partner with LCA Inc. to offer the Milton Police Department the option to completely upgrade its entire fleet and officer corps with the most advanced technology available to first responders; while spreading the cost over 5 equal annual payments of $57,600/year at 0% Interest. Please complete and submit the application (Attachment B) to the following recipient at LCA: LCA Inc., Attn: Joe Galo, ph: (800) 800-8098 x5110, email: jgalo@leascorp.com Option 2: Direct Purchase Should the Department wish to purchase the solution outright, the following special payment terms apply: Payment 1: 50% Due upon contract signing $144,000 Payment 2: 25% Due upon receipt of all hardware $72,000 Payment 3: 20% Due upon installation & training $57,600 Payment 4: 5% Due upon final acceptance $14,400 Total: $288,000 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 8 www.utility.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707 5.Network Connectivity Via Smart WayPoint (Utility Access Point): The Department is responsible for maintaining power and internet connectivity to the provided Smart WayPoints. The Department has the option of either (a) organizing an independent internet connection via its local provider with a minimum upload speed of 50 Mbps, or, (b) connecting the Smart WayPoints to its own network. Upon execution of the contract, as part of the deployment process, a network assessment will be conducted of the Department’s upload speed for the transmission of data to the CJIS Compliant Cloud. In most cases, the Department should budget for an increase to their upload speed with their local carrier. We are privileged to work with your Department on this project. Should you have any questions, at any time, please feel free to call or email me at: (770) 500-2494 Email: crl@utility.com Respectfully, Christopher R. Lindenau, Chief Revenue Officer Offer Acceptance by Authorized Official: ____________________________________ Title: ____________________________________ Date: ____________________________________ Cc: John Dowd, Business Manager Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 9 NOTE: Utility plans that Device deployment, training, and in-car hardware installations will begin in January 2019. Planning, deployment, training, and installation, would be complete in 60 days. Please see Section 4: Implmentation Approach to Schedule for an Illustrative Schedule. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 10 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 11 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 12 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 13 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 14 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 15 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 16 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 17 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 18 Section 2: Executive Summary of Innovative and Value-Added Capabilities Utility is honored to present our solution to City of Milton, and the City of Milton Police Department, for this In-Car and Body Worn Cameras Project. Utility operates as a nimble and innovative entity. Observing, researching, learning, and enhancing are what we do. The history and its build-up to our current system illustrate this well. The design builds upon our technical expertise in policy driven video evidence management, creating an innovative law enforcement tool designed to automatically execute departmental policy for mobile digital video evidence capture. Executive Summary of Innovative, Value-Added Capabilities By design, Utility embraced the Recommendations and Lessons Learned in the landmark “Implementing a Body-Worn Camera Program” report, jointly issued by the US Department of Justice and the Police Executive Research Forum. Findings are relevant to in-vehicle video camera systems as well. Our key takeaways from this report include: •Not all Citizen Interaction should be recorded •Maintaining the Public Trust is paramount •Citizens have important Privacy Rights •Law Enforcement Actions are a matter of Public Record •Agencies Have Powerful Needs to Demonstrate Transparency, Openness, and Accountability Automated Policy-Based Recording. When certain police interactions with the public occur, it is important that those interactions are recorded as evidence. Utility’s policy- based-recording-engine is the future. Our customers define their own policy-based automation rules and the Generation 2 Ecosystem ensures that the cameras will enact the rules when these predetermined events occur. Policies to start recordings could be any combination of triggers such as: •Gunshot detection by BodyWorn™ •Light bar on •Light bar on and driver door opens •Officer running •Officer Down •Siren on •Enter geofence starts BodyWorn™ and in-car wireless microphone recording •Remove shotgun from gun rack •Remote start command Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 19 Automatic Activation for Gunshot Detection. Utility’s BodyWorn™ (and the RocketIoT™ in-car wireless microphone) is a GPS enabled device that automatically ‘knows where it is’ in real-time. Automatic activation for gunshot detection turns on the officer’s BodyWorn™ (and the BodyWorn™ of other officers in the vicinity), and protects transparency in the moment, as a pre-recording is captured and stored. Click the link to watch the video: https://youtu.be/faYwdarHVDQ BodyWorn™ does offer the officer the ability to start recordings manually, while still supporting automatic, policy-based triggers, to ensure that all relevant video evidence is captured. Smart Mounting. Utility’s Generation 2 BodyWorn™ solution mounts differently from Generation 1 systems. BodyWorn™ is integrated directly into the officer’s uniform where it cannot be dislodged or redirected. Body cameras merely clipped to the outside of a uniform have been shown time and time again to fail, fall off, get knocked off, and recordings fail and are missing. Secure Upload and Storage. BodyWorn™ is designed to upload video as soon as possible, following configurations set by the department. This means that video can be uploading instantly over the wireless internet connection or stored locally until a connection can be made with a fixed mount wireless upload appliance (Utility’s Smart Waypoint™). In fact, Utility’s BodyWorn™ can upload to the RocketIoT™, and, once the RocketIoT™ connects to a Smart Waypoint™, it will upload its RocketIoT™ video, that it has stored. Video Quality. BodyWorn™, and the RocketIoT™ in-car camera, always record video in high definition, in contrast to Generation 1 video evidence systems. Video as evidence demands high quality video, and using H.264 video compression ensures that the City can record high definition, high resolution video in reasonably-sized files, saving on storage and transmission cost and speed. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 20 Real-Time Communications. Utility’s BodyWorn™ (and the RocketIoT™ in-car wireless microphone) can communicate time sensitive information including BOLO, Amber, Silver, Officer Down, and Gunshot alerts to the officer and to dispatch. Using the real-time, map- based situational awareness tools can improve officer safety and save lives. SMART REDACTIONSM. Utility has created a SMART REDACTIONSM technology that will enable the City to save thousands of dollars over time. Simply put, hours of manual redaction effort may now be accomplished in mere seconds, and this translates into considerable savings over time. Manual redaction of video, once considered a labor- intensive frame-by-frame scrubbing of sensitive content, has been replaced by a machine learning process where a user simply identifies what they want to redact or not and lets the technology do the work automatically. Time and labor saving resulting from this approach are dramatic. Unique to Utility’s video evidence ecosystem, SMART REDACTIONSM can blur faces, arms, and hands without any user assistance and replace with an appropriate level of blur to provide a highly targeted effect. The system also lets the user select an object or a person to track automatically, even if the target exits and re- enters the frame, throughout the video, both backwards and forwards in video time. The user can selectively hide, keep clear, or even call attention to each tracked target individually. The user can add audio filters to silence one or multiple time frames to protect sensitive information. Basically, any combination of automated and manual effects can be applied to obtain the desired end result. Integration. Utility’s evidence ecosystem integrates with existing CAD systems. Dispatched calls can be used as video recording triggers, using time and location to trigger only those devices that are in the call’s location within a set time period. Those videos are automatically tagged with the call number. Users can also tag already-recorded videos with a call number, using BodyWorn™, or AVaiLWeb™. Any videos tagged with the same call number are automatically associated with one another, and selecting any video tagged with a call number displays further CAD data within AVaiLWeb™. The BodyWorn™ and the RocketIoT™ will communicate to one another, and have been designed from the beginning to work together in more ways than just offering synchronization. This means that BodyWorn™ can trigger the RocketIoT™ to record based on department policy Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 21 triggers. The RocketIoT™ also acts as a secure, vehicle mounted evidence storage locker for BodyWorn™ and RocketIoT™ in-car video data. RMS and DMEM. AVaiLWeb™ is an effective digital media evidence management (DMEM) system. It offers powerful evidence searching, from wide-open, Google-style searches to narrowly defined searches (using inputs such as date/time, user, device, classification, CAD call number, location, etc.), making it easy for the user to find the right evidence quickly. AVaiLWeb™ automatically associates videos based on time and place or CAD call numbers, and it also makes it easy for a user to associate videos with one another manually. AVaiLWeb™ also acts as an effective records management system (RMS), when it comes to video evidence. An AVaiLWeb™ administrator can define video retention rules based on video classification. When a video’s assigned classification timeout has passed, AVaiLWeb™ will remove that video from the system. AVaiLWeb™ keeps track of ALL video interaction (first recording, upload, views, classifications or other metadata edits, exports, and removal) in its Chain of Custody. This way, any interaction with video evidence is stored and knowable. Conclusion. Taken together, Utility’s Generation 2 end-to-end solution meets and exceeds the requirements of City of Milton, and the Milton Police Department. We are proud to offer BodyWorn™ and RocketIoT™ in-car video systems to the City as the most- advanced and integrated mobile video data solution for law enforcement today. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 22 CITY OF MILTON In-Car and Body Worn Camera System Specifications Bid Number 19-PD01 Description Comments A. General Specifications The Proposal shall consist of a comprehensive System that must enable video and audio recording from a police officer’s perspective. The System shall be designed to archive, manage, and quickly retrieve video data that meets or exceeds federal, state, and local standards. At a minimum, the system should incorporate the eighteen (18) core operating characteristics recommended by the Department of Justice (DOJ) FY206 Body Worn Camera Grant Announcement, which can be found on the National Institute of Justice website (https://www.nij.gov/topics/law- enforcement/exhibits/Pages/body-worn- cameraoperating- characteristics.aspx). Utility meets this requirement. Utility’s BodyWornTM, RocketIoTTM, and AVaiLWebTM video evidence management platform represent a consolidated and cohesive ecosystem. This combination of features and capabilities is unmatched by any other in-vehicle or body-worn video recording service, and describes the ideal integrated structure designed for a cohesive department. The vendor’s System shall include everything needed for successful implementation. This includes, but is not limited to, the installation and configuration of hardware, software, back-end services and integrations, peripheral hardware and software, technical support, as well as on-site training and certification for operators and administrators. Utility meets this requirement. Utility will include everything needed for successful implementation including installing and configuring the hardware, software, back-end services and integrations, providing technical support, and providing on-site training and certification for operators and administrators. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 23 The vendor shall include production level devices (i.e. not in beta-testing) that have been field tested and deployed to other law enforcement agencies with greater than fifty (50) systems deployed. Utility meets this requirement. The vendor shall have sufficient inventory on hand, and be capable of providing the required number of Systems within ninety (90) days of contract execution. Utility meets this requirement. The vendor’s data/evidence management and administration system shall be “live”, and currently in use by other agencies (i.e. no web mock-ups or beta testing). Utility meets this requirement. The vendor’s System shall provide end-to-end encryption of data that is in compliance with current Criminal Justice Information Services (CJIS) Security Policy. Utility meets this requirement. BodyWorn™, AVaiLWeb™, the RocketIoT™, and the Smart Waypoint™ all provide end-to-end encryption of data that is in compliance with CJIS policy. All evidence is encrypted at rest and in transmission using AES 256-bit encryption. All captured data from cameras, and stored in the evidence management / data storage system shall be wholly owned by the Milton Police Department (MPD). Utility meets this requirement. During the term of the contract, Utility will act as the custodian of the City’s data; however, the City retains sole ownership of all of its respective system data. The vendor shall provide routine technical support during normal business hours, responding to and resolving routine cases within an agreed upon service level agreement (SLA). The vendor shall also provide 24-hour/7-days per week emergency technical support to include enterprise- wide outages. Utility meets this requirement. Once all training is completed our internal support center provides 24/7, phone based technical support for questions not serviceable by internal means. Utility provides onsite, within 48 to 72 hours, at no additional cost, technical service required to address support issues that cannot be resolved via phone. If the City decides to upgrade any of its hardware, one of Utility’s representatives will be on location to provide the additional training associated with the new Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 24 product. We will keep the City informed of upcoming software changes that may impact the features and functionality of the devices. Documentation will be sent to the City to notify officials of the pending upgrade. In any instance where re-training will be required, we will ensure that a training session occurs before the change is pushed to the end users. For a full description of our ongoing customer service support, please see the Ongoing Support and Customer Service document in Section 4: Implementation Approach to Services. The vendor shall provide a method to ensure ongoing and refresher training to account for personnel turnover and changes to the Systems due to updates or technology changes. Utility meets this requirement. Utility will provide ongoing and refresher training to account for personnel turnover and changes to the systems due to updates or technology changes. Utility uses a train-the-trainer model and will provide a Training Leader, as well as a technical Field Engineer, and trainers to train your internal staff. Training is on-site, in-person, and online and interactive. We distribute hardware and give in-depth, face-to-face training classes on using the hardware and software. The AVaiLWebTM video management system is role and permission based Technical support staff will receive their own training session and will cover troubleshooting, back end system navigation and redaction, training for reporting and reviewing activity logs, and for producing scheduled reports. Advanced technical support and video management training will be provided in a classroom environment. Utility can adapt to most seating and room requirements in a typical classroom space within a standard facility. Utility provides equipment necessary to conduct training, including a computer, WiFi hotspot, and all other materials. We propose a hands-on approach to training to ensure all respective individuals have complete understanding and are comfortable with using and training on the system. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 25 For a full description of our ongoing training, please see the Implementation Methodology, Project Work Plan and Schedule, and Training document in Section 4: Implementation Approach to Services. The vendor shall provide immediate notification of any security or data breach of any of their systems or facilities whether or not City data is directly hosted on that system. Utility meets this requirement. Utility will provide immediate notification of any security or data breach of any of our systems or facilities whether or not City data is directly hosted on that system. This notification will come in the form of an email to the point-of-contact for the City. The vendor shall provide notification and remediation plans regarding any security vulnerability that is deemed to have a critical severity, and that may impact the overall security of their platform whether or not City data resides directly on the affected system. Utility meets this requirement. Utility will provide notification and remediation plans via email regarding any security vulnerability that is deemed to have a critical severity, and that may impact the overall security of our platform whether or not City data resides directly on the affected system. The vendor shall provide for timely replacement for warranted items should they fail. Each device should have a no-fault warranty. Utility meets this requirement. Utility warranties are in full effect for the term during a current paid annual SaaS subscription. Hardware failure outside of malicious intent is fully covered free of charge by Utility. Please refer to Section 5: Supplemental Information for a summary and links to Utility’s warranty, terms and conditions, and Software as a Service (SaaS) agreement. The System shall have the ability to integrate with existing Computer Aided Dispatch (CAD) and RMS systems to pass case numbers, locations, officer ID, call type, etc. Utility meets this requirement. AVaiLWebTM can integrate with existing CAD and RMS systems to pass case numbers, locations, officer ID, call type, etc. This integration can be as aggressive as automatic incident recording based on date/time and location, automatically tagging the incident with the CAD call number, or as light as allowing the user to tag an incident with a CAD call number after it's recorded, either on the BodyWornTM or RocketIotTM device or in the AVaiLWebTM system. Either way, when a user views an incident in AVaiLWebTM, relevant CAD information will be displayed along with the incident, and all incidents tagged Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 26 with the same CAD call number will be automatically associated with one another. Also, users will be able to search in AVaiLWebTM for any incidents by CAD call number. Utility will work with the City on any necessary integrations. The System should transmit GPS coordinates from each camera for the purpose of realtime user location tracking. Utility meets this requirement. Because BodyWorn™ is a smart computing device, GPS position data is collected and associated with all video, audio, and metadata. The RocketIoT™ includes a built-in GPS receiver that allows for event-based GPS reporting. This reporting includes information such as vehicle position (latitude/longitude), heading, and speed. Events that can occur in which GPS information will be sent up include: start, stop, direction (turn), distance, duration, and exceeding speed threshold. The camera should automatically activate from external trigger events, such as car door opening, light/siren activation, etc. Utility meets this requirement. BodyWorn™ and RocketIoT™ automatically start or stop recording upon valid start triggers, or combinations of triggers. For example, a recording policy could be defined such that a recording is started when the officer turns on their emergency lights or uses their siren, but the recording can only be stopped if the light bar is turned off, the officer’s door is closed, and the officer puts their seat belt on. An example of what this policy would look like in AVaiLWeb™ is provided below: Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 27 All video activation, including that from the integrated crash sensor, includes the configured duration of pre-event recorded video. The System should have a method, by which, the video and photographs can be reviewed and tagged from the field. Preferably, the videos will be automatically tagged via the integrations with CAD and RMS systems, but even in this case, operators must be able to edit these while in the field. Utility meets this requirement. Users can review and tag video and photographs in the field using BodyWorn’s included touch screen user interface or RocketIoT’s tablet or laptop/MDC user interface. As stated above, AVaiLWeb™ integrates with your CAD and RMS systems to tag incidents automatically either by creating Action Zones that will start recordings and tag those recordings automatically or by tagging incidents after the fact using a user and timestamp algorithm. Either way, users can always override system-assigned CAD/RMS associations, whether via BodyWorn™, RocketIoT™, or AVaiLWeb™. Once a user has made an incident-CAD/RMS association, the system will not override it. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 28 The vendor’s System must include a means of viewing photographs, videos, and audio without altering the original file. Utility meets this requirement. AVaiLWeb™ allows authorized users to review photographs, videos, and audio without altering the original file. BodyWorn™, RocketIoT™ and AVaiLWeb™ store and display original evidence photographs, videos, and audio. The original evidence files are never manipulated or changed in any way. B. Camera Requirements as outlined in the DOJ 18 Core Operating Characteristics Description Comments Requirement #1 – Recording Format: Video and audio shall record and export in a standard, open, non-proprietary format, including both Codec and container such that it can be replayed in freely available software (e.g., VLC player) without processing or conversion. Standard open formats should be used for interoperability. Examples include MP4 and MKV. Data formats that can only be viewed within manufacturer- specific replay software will not be considered. Utility meets this requirement. BodyWorn™ and RocketIoT™ record all video into an open, non-proprietary format, using the H.264/MPEG-4 Part 10 compression standard. Audio is recorded in the AAC format. AVaiLWeb™ allows authorized users to export original recordings into standard, non-proprietary file formats (MP4) which can then be played on any standard media player, including Microsoft Windows Media Player, QuickTime, and VLC. Requirement #2 – Video Resolution: Must clearly record in low light situations Utility meets this requirement. BodyWorn™ records video in full color at a resolution of 720P. RocketIoT™ will record at 1080P. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 29 BodyWorn™ is able to record video in low light, night, or severe weather conditions, capturing video comparable to the human eye, using automatic exposure adjustment. RocketIoT™ cameras are securely mounted to the vehicle header directly underneath or facing out of the windshield and can adapt to low-light environments, with an illumination of 1 lux or lower at full shutter speeds and 0.05 lux in night view mode. Requirement #3 – Video Encoding & Compression: The camera shall capture, encode and compress recordings in the most efficient manner possible; maintaining video quality while maximizing compression and the amount of information available. At a minimum, recordings shall use the H.264 Codec. Utility meets this requirement. BodyWorn™ and RocketIoT™ record all video into an open, non-proprietary format, using the H.264/MPEG-4 Part 10 compression standard. H.264 is the current industry standard for the most efficient video encoding/compression possible. Requirement #4 – Frame Rate: The camera shall record video at no less than twenty-five (25) frames per second. Utility meets this requirement. BodyWornTM and RocketIoT™ record at 30 frames per second. Requirement #5 – Horizontal Field of View: The camera shall have at least a 90-degree field of view Utility meets this requirement. A variety of lens attachments can be used with BodyWorn™ in order to provide various degrees of field of view ranging from 85º up to 140º. RocketIoT™ cameras have an adjustable field of view up to 180º depending on lens selection. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 30 Requirement #6 – Camera Focus: The camera shall be able to autofocus on all objects from about one (1) foot away to infinity. The camera shall have automatic image stabilization to reduce motion jitter when the camera (operator) is moving. The camera lens, in addition to auto-focus, should have auto-exposure and automatic white balance. BodyWorn™ and RocketIoT™ implement infinity focus in order to autofocus on all objects roughly 1 foot away to infinity. They have automatic image stabilization, which reduces jitter when the user is moving. Requirement #7 – Audio Quality: The camera shall be capable of clearly capturing conversational speech at a distance of three (3) feet without excessive background or wind noise. Utility meets this requirement. The BodyWorn™ device’s range is effectively infinite. The microphone has a local solid-state hard drive for audio, providing storage capacity that cannot be exceeded (measured in thousands of hours) during a shift. The device moves the audio data wirelessly to the RocketIoT™ whenever it is within WiFi proximity of the vehicle. In this manner, the audio is always flawless and the officer may roam miles away from the vehicle without concern about range limitations. Because of this, the Department will not experience a range deficiency or battery anxiety, and the audio will always be available when the officer returns to the vehicle. BodyWorn™ connects to the RocketIoT™ via the RocketIoT’s externally mounted WiFi antenna. Once uploaded, all video and audio is synced locally on the RocketIoT™ and in the cloud. The RocketIoT™ records audio from the in-vehicle microphone. The microphone will sync and turn on automatically when the RocketIoT™ DVR is activated, or combinations of recording policy automatically triggers recording. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 31 As an audio recording device, BodyWorn™ is fully capable of clearly capturing conversational speech at a distance of 3 feet without excessive background or wind noise. Requirement #8 – Separate Audio Resolution and Encoding/Compression: The camera shall record audio at a sampling rate of at least 22KHz with at least a 24-bit capture per microphone, and use open, non-proprietary encoding such as MP3 and WMA. Utility meets this requirement. BodyWorn™ records standard AAC audio. Its sampling rate is configurable, while the standard setting is 32 kHz, and its bit rate is 64 kbps. Its bit depth is CD-quality 16-bit audio (audio recorded bit depths higher than 16 are often indiscernible from audio recorded at 16; additionally, without special 24-bit- capable hardware, 24-bit audio will be downsampled to 16-bit audio anyway upon playback). Requirement #9 – Recording Triggering: The camera shall have pre-event recording (buffer) to overcome any latency period between when a recording is initiated, regardless of whether or not it is a user-triggered or event-triggered recording, and when the System actually begins recording. Utility meets this requirement. The BodyWornTM and RocketIoTTM include a configurable pre-event recording mode that captures video prior to activation. The pre-event recording duration can be configured anywhere from 0-120 seconds and can be configured to include or exclude audio. Operators shall be able to activate and deactivate a recording from the camera. BodyWornTM and RocketIoT™ are capable of having users initiate a recording manually. BodyWorn can be manually activated and deactivated using the provided Bluetooth wrist Controller or even the included touch screen user interface. Users can manually activate and deactivate RocketIoT™ recordings using the tablet or laptop/MDC user interface. Additionally, BodyWorn™ and RocketIoT™ automatically start or stop recording upon valid start triggers, or combinations of triggers. For example, a recording policy could be defined such that a recording is started when the officer turns on their emergency lights or uses their siren, but Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 32 the recording can only be stopped if the light bar is turned off, the officer’s door is closed, and the officer puts their seat belt on. An example of what this policy would look like in AVaiLWeb™ is provided below: All video activation, including that from the integrated crash sensor, includes the configured duration of pre-event recorded video. The operator shall be able to visually confirm, in all light conditions, that the system is recording. BodyWorn™ includes visual, audible, and vibrate recording confirmation. All confirmations work in all lighting conditions, and the use of each is configurable. RocketIoT™ include an “on” light indicator that signals a recording is in progress. The operator shall be able to silence/eliminate any audible signals or lights on the device if needed (stealth mode) with the ability to still confirm the device is recording. BodyWorn™ allows the operator to silence any audible signals or lights on the device for stealth mode. The user can still confirm if the device is recording by checking the touch screen interface. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 33 Requirement #10 – Night Time/Low Light Functionality: The camera shall record useable video in low light, night or severe weather conditions. Utility meets this requirement. BodyWorn™ and RocketIoT™ are able to record video in low light, night, or severe weather conditions, capturing video comparable to the human eye, using automatic exposure adjustment. Requirement #11 – Synchronization and Metadata: The camera shall be capable of recording audio simultaneously and shall be time synced with video. Automatically generated data about the wearer (operator), location, date and time shall be collected and packaged in the video format. The device’s clock must be synchronized with an external universal clock, either GPS or another source, so that absolute time of day can be obtained to ensure accuracy. Utility meets this requirement. BodyWorn™ and RocketIoT™ are capable of recording audio and video simultaneously. The devices capture a wide variety of important metadata automatically along with the video, at the time of recording, that provides automatic indexing of video files. Some examples of the metadata that is captured are: date/time, officer name, device name, GPS location, related incidents, and if integrated with CAD/RMS: classification type, title, notes. The devices maintain the accurate time of the internal clocks by means of GPS and NIST servers. The camera shall identify the user wearing it in the metadata associated with recordings. Utility meets this requirement. BodyWorn™ and RocketIoT™ associate with all recordings the user who is logged into the unit as well as the device that made the recording. That metadata stays with the recording even beyond the lifetime of the recording itself, assisting in searching for recordings as well as being informative about the recording within the system. Triggered event meta-data such as door openings, light/siren activation, etc. shall be stored with the video on the camera, and carried over into the storage/evidence management solution. Utility meets this requirement. All digital inputs are automatically included as marker metadata (siren, warning lights, brakes, etc.). Some examples of the additional metadata that is automatically captured are: timestamp (Date and Time), Deputy name Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 34 (Operator), device name (Unit/Vehicle Number), GPS location, and, if integrated with CAD/RMS: classification type, title, notes, case number, etc. The search feature within AVaiLWebTM operates similar to how modern search engines function in that keywords, which are within the metadata, can be used to search for incidents. This provides very powerful, robust searching capabilities within the system. Some common search parameters include date/time, officer name, device name, classification type, title, GPS location, related incidents, etc. Users can add metadata from any component of the integrated solution to video evidence in the form of notes, markers, or custom field entries (such as case numbers or CAD incident numbers). AVaiLWebTM supports the ability to search for any such metadata. Requirement #12 – Tamper Resistance: The camera shall be tamper resistant or tamper proof. The camera memory shall be secured in the device, even if it is removable. The camera shall not allow users to edit or delete recordings on the body worn camera. Utility meets this requirement. RocketIotTM and BodyWornTM have been designed to be tamper resistant and do not allow any user to edit or delete recordings at any point in time. Authorized users are allowed to add metadata to the video and review the video in the field if allowed to by departmental policy. All actions are entered into the chain of custody. There is no way for any user to delete recordings anywhere within the BodyWornTM, RocketIoTTM, and AVaiLWebTM ecosystem. AVaiLWeb’s retention engine is the ONLY entity that deletes videos. The retention policy is based on recording classification settings and is configurable by the City. All interactions with video evidence, whether by user or by system, are kept in the video’s chain of custody. Utility understands that BodyWornTM and RocketIoTTM recordings are digital evidence, and we protect that evidence from recording to storage to deletion. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 35 The camera shall protect data from being overwritten before it has been transferred or uploaded. The camera shall protect data in the event that an offload/upload fails or cannot be conducted. . Utility meets this requirement. RocketIotTM and BodyWornTM never overwrite files before they have been transferred/uploaded. Once RocketIotTM and BodyWornTM and the server have validated an incident as fully uploaded, BodyWornTM allows the files to be overwritten. Both RocketIoTTM and BodyWornTM include sufficient storage space to ensure that video is not overwritten. The camera shall support the hashing of transferred files to enhance tamper resistance. Utility meets this requirement. The solution provides a means to ensure the integrity of recorded video has not been compromised. Before uploading a file(s), a hash of the file(s) is calculated. Once the file has finished transferring, the cloud or Smart Waypoint™ responds with a calculated hash of the received file(s). The received hash is calculated to the hash it has locally. If the two values match, integrity is verified and the file(s) is/are marked for deletion on the recording device; otherwise the recording device attempts to upload the file(s) again. This hash checksum remains with the incident while in cloud storage in order to allow for future verification of data integrity. The camera should support onboard encryption to further protect data and improve management of lost devices and memory cards. BodyWorn™, AVaiLWeb™, the RocketIoT™, and the Smart Waypoint all provide end-to-end encryption of data that is in compliance with CJIS policy. All evidence is encrypted at rest and in transmission using AES 256-bit encryption. Requirement #13 – Data Transfer: The camera shall use USB3 connections for charging and/or data transfer when docked. Transfers via wired media shall use strong encryption, and meet the requirements of CJIS Security Policy for encryption. Utility meets this requirement. Utility provides both a vehicle USB charger and a wall USB charger for BodyWorn™. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 36 BodyWorn™ provides end-to-end encryption of data that is in compliance with CJIS policy. All evidence is encrypted at rest and in transmission using AES 256-bit encryption. The camera should be capable of securely transmitting (offloading/uploading) data via dock/cable, Wi- Fi, or cellular connections during operators’ normal shift. Data will be encrypted using strong encryption, and meet the requirements of CJIS Security Policy for encryption. Utility meets this requirement. The solution’s mobile units are wireless devices and capable of uploading video natively using a cellular connection to upload video if so configured. Alternately, BodyWorn™ can upload files to AVaiLWeb™ when used in conjunction with RocketIoT™, as it offloads recorded video as soon as possible via WiFi to the RocketIoT™, which has a 120GB solid state drive. The RocketIoT™ acts as a CJIS compliant, secure video vault. Incidents that are classified with a classification that MPD defines as high priority can be automatically uploaded via the cellular network in order to provide almost immediate access to the recording(s). Utility created Smart Waypoints™ because a BWC’s internal storage is typically the least secure location within the video data ecosystem, and video isolated to a camera awaiting docking for uploading is at risk. With Smart Waypoints™, BodyWorn™ automatically moves video to available secure storage as fast as it is collected, on-the-fly without officer effort, without the need to physically exit a vehicle, or the need to remove their BodyWorn™ camera from its mounting. Video uploading occurs in the background while officers perform their customary work activities in the parking lot, in vehicle refueling areas, or within the station. The Smart Waypoint™ acts as a store-and-forward device for data routed to cloud storage, which is valuable because it severs the dependency on an active Internet connection. The high-speed wireless connection afforded by the Smart Waypoint™ is generally much faster than that available through ISPs. Many officers’ devices can upload to the Smart Waypoints™ simultaneously to provide the fastest means of offloading data from the BodyWorn™ camera device. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 37 RocketIoTTM, BodyWorn™, AVaiLWeb™, and the Smart Waypoint™ all provide end-to-end encryption of data that is in compliance with CJIS policy. All evidence is encrypted at rest and in transmission using AES 256-bit encryption. All evidence is stored in Amazon's CJIS-compliant AWS Gov Cloud. The camera shall not use a pre-shared key for wireless authentication if integrating with the enterprise network. If BodyWorn™ and RocketIoT™ are integrating with the enterprise network and the authentication does not use a pre-shared key, they will not use a pre-shared key for wireless authentication. The devices can make a wireless connection to a the Smart WaypointTM, which can be wired to the enterprise network for use as an Internet connection, or the YSW can connect to the Internet using its own dedicated connection. Alternatively, BodyWornTM and RocketIoTTM support RADIUS authentication to connect to enterprise networks. The camera shall provide a means by which the video, audio and associated metadata will be authenticated as unedited. Utility meets this requirement. BodyWorn™ and RocketIoT™ do not allow any user to ever access the original files, thus preventing any editing. The solution provides a means to ensure the integrity of recorded video has not been compromised. Before uploading a file(s), a hash of the file(s) is calculated. Once the file has finished transferring, the cloud or Smart Waypoint™ responds with a calculated hash of the received file(s). The received hash is calculated to the hash it has locally. If the two values match, integrity is verified and the file(s) is/are marked for deletion on the recording device; otherwise the recording device attempts to upload the file(s) again. This hash checksum remains with the incident while in cloud storage in order to allow for future verification of data integrity. Requirement #14 – Data Export: The camera shall upload data to the vendor’s cloud storage solution/evidence management portal in original and compressed native format without loss of quality or Utility meets this requirement. BodyWornTM and RocketIoTTM upload to the cloud in original and compressed H.264/MPEG-4 Part 10 format without loss of quality of associated metadata. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 38 associated metadata. The device shall record an audit log which should include information such as device serial number and device events; e.g., on/off, charging, start//stop recording, remaining storage capacity. AVaiLWebTM provides a robust audit log of all recordings that details information such as access, viewing or playback, edits, deletions, commenting, shares, downloads, and transfers. These logs take the form of a chain of custody that is an audit trail which every incident/recording has. The chain of custody report shows information about an incident/recording such as who or what activated the recording, who or what deactivated the recording, any classifications or notes that are added or modified for the recording, any retention action that is taken, any exports to an external source, and any other action that is taken on an incident. This report includes a date/time stamp, the user’s username, and IP Address. Alternatively, there is a User Access Custody report which shows all actions taken by a user for a given time frame. These reports are printable and exportable into PDF format. Requirement #15 – Onboard Storage: The camera shall have sufficient, internal, non-volatile, storage to meet the video quality, frame rate and continuous operations requirements outlined in this document. Enough storage shall be available to record a full shift by an officer wearing the device (10 - 12 hours). Describe how your camera meets this requirement. Utility meets this requirement. While BodyWorn™ can store more than 30 hours of video, its storage capacity remains near-constant, as data is uploaded either via cellular, or to the more secure Smart WaypointTM via WiFi when it is within range. BodyWorn™ has a 32GB internal, solid-state storage device. Video is written to a solid- state hard drive of the RocketIoT™ as it is recorded. RocketIoT™ includes backup power sufficient to store video in memory in case of power cutoff (vehicle battery) due to crash. In the event of vehicle power loss, the RocketIoT™ powers up at any time (two hours or more) to upload video. A loss of power must not cause data to be lost or corrupted. Respond that your camera meets this requirement. Utility meets this requirement. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 39 The camera should warn the operator when there is low storage capacity. Utility meets this requirement. Requirement #16 – Battery Life: The camera shall have a battery life of twelve (12) hours of continuous operation. Utility meets this requirement. BodyWorn™ has a continuous recording battery life of approximately 12 hours. The operator shall receive clear indication of near end of battery life. Utility meets this requirement. BodyWorn™ gives the operator an audible warning when battery life drops to less than 5% remaining. The camera should include an in-vehicle charger for the camera. Utility meets this requirement. Utility provides both a vehicle charger and a wall charger for BodyWorn. BodyWorn is continually charged by its holster, which doubles as a connected power pack. Using the wall charger, the microphone charges via a USB-C cable in order to provide extremely rapid charging. Requirement #17 – Durability: The camera shall withstand considerable and repetitive pressure, vibration and mechanical shock. It shall operate within a wide temperature range to account for heat and cold, and be resistant to common environmental hazards, such as dust, dirt, condensation, water splashes, and RF Interference. Utility meets this requirement. BodyWorn™ and RocketIoT™ are both durable, and able to withstand a multitude of conditions. BodyWorn™ specifications include the following: ●MIL-STD 810G Shock, Vibration, and Temperature certification ●Temperature range of 14 to 104 degrees Fahrenheit ●IP65 rating Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 40 The camera should protect itself and stored data if it reaches any environmental limitations (temperature extremes, submersion, etc.). RocketIoT™ specifications include the following: ●MIL-STD 810G Shock, Vibration, and Temperature certification ●Temperature range of -4 to 158 degrees Fahrenheit ●IP67 rating Please refer to Section 5: Supplemental Information for the published specifications of the BodyWorn™ and RocketIoT™. Requirement #18 – Weight and Form Factor: The camera shall not distract or hinder the officer wearing the camera from performing other job functions, especially ones related to officer safety. Utility meets this requirement. BodyWornTM can be integrated into various uniform elements, including ballistic vests, foul weather gear, and outer jackets. Such security allows officers to focus on policing and not the placement or stability of equipment. For more information on mounting, please see Requirement #18’s last response. Any cabling or wiring required for the camera to function shall be designed to ‘breakaway’ to prevent the user from becoming entangled. Utility meets this requirement. BodyWornTM does not require any cabling or wire to be worn by the officer. The camera shall be easily accessible to the operator and wearable without impeding the user’s normal range of motion. Utility meets this requirement. BodyWornTM can be integrated into various uniform elements, including ballistic vests, foul weather gear, and outer jackets. There will be no impact on a user’s range of motion, and the camera is easily accessible. For more information on mounting, please see Requirement #18’s last response. The camera shall be capable of staying in position during physical activities including running, jumping, or any other strenuous activity. Utility meets this requirement. BodyWornTM is integrated directly into the outer uniform garment. As a result, BodyWornTM will stay in place during physical activities including running, jumping, or any other strenuous activity. The only way to dislodge a mounted BodyWornTM is to remove the outer uniform garment. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 41 Operators shall have multiple options on how the camera can be worn. Utility meets this requirement. In today’s constantly changing law enforcement landscape, officer safety and transparency are critical to effective public service. Knowing that body-worn cameras are well-secured and automatically capture incidents with minimal officer effort keeps the focus on policing – especially during high-pressure scenarios, including lethal use of force. To be responsive to agencies that prioritize the need for secure video, Utility provides a mounting solution that is integrated into a law enforcement officer’s uniform. Utility provides agencies a range of secure mounting options that respond to the numerous exposures and ways an officer in the field will use the body worn camera device. ●BodyWorn™ can be integrated into the officer’s uniform ballistic vest, whether as part of an initial uniform deployment, or as a simple retrofit to an existing uniform. BodyWorn™ can be integrated into tactical vests in the same way. ●BodyWorn™ eliminates risks related to exposure to climate, because it is integrated into an officer’s uniform. It is flexible to deploy in various climate conditions. ●BodyWorn™ can be mounted into or onto foul weather gear, outerwear jackets, and deployed in exposures vulnerable to wind and rain, such as crossing guard uniforms. C. Evidence Management, Data Storage and System Administration The vendor’s evidence management, data storage and administration System shall be web/cloud-based, and shall be hosted by the vendor or a third party. Utility meets this requirement. AVaiLWeb™ is a cloud-based video evidence management solution. AVaiLWeb™ is hosted by Amazon Web Services (AWS). Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 42 The System shall have the ability to manage all hardware and software components through a single management console. Utility meets this requirement. AVaiLWebTM provides a simple way to manage individual user profiles and security settings by providing administrators a way to define security roles with a unique set of permissions. Since each user has a security role tied to them, you always have a quick way to manage what a user has access to. System Administrators have full control over providing or restricting access to new or existing users through AVaiLWebTM. All interaction within AVaiLWebTM is governed by a user’s security role in order to provide granular control over user permissions. Part of the security role definition provided within AVaiLWebTM allows administrators to define what a user is allowed to do with a video/audio file (incident). The security role can allow/prohibit a user adding or modifying tag(s). By default, the System Administrator role has access to all of the functions available within AVaiLWebTM including the ability to define retention periods. System Administrators are free to define as many security roles as necessary to cover all possible user access levels. A security role, such as a certain employee which only has rights to view their own files, is then assigned to a user or set of users. Security roles can be further customized to allow/restrict users from viewing videos based on classification type, or related video (video from the same incident/case). The cloud storage platform that is utilized to store City data shall be FedRAMP Compliant with either a Provisional Authorization (P- ATO), Agency Authorization or CSP Supplied Package. Utility meets this requirement. AWS GovCloud holds multiple data center and security certifications including CJIS, CSA, FedRAMP, FIPS 140-2, NIST, and many more. Additional information can be found at: http://bit.ly/Utility-AWS_Certifications. The cloud storage shall be sufficient to handle the current data capacity and have the ability to expand or grow as the needs of the Utility meets this requirement. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 43 department change. The cloud storage shall be secure, redundant and accessible by authorized individuals at any time. AVaiLWeb™ is a cloud-based solution, with no requirements for the City to invest in on-premises storage infrastructure. All storage is provided for within the cloud. Utility’s DEMS is hosted in AWS GovCloud, which is a CJIS- compliant cloud environment that provides unlimited storage at no additional cost to the City. All evidence is stored redundantly and within geographically separated CJIS-compliant cloud environments. This methodology provides 99.999999999% resiliency for the City’s data. All evidence is encrypted at rest and in transmission using AES 256-bit encryption. The System shall be accessible via the web, and shall support modern browsers such as Google Chrome and Microsoft Edge. Utility meets this requirement. AVaiLWeb™ is a web-based evidence management system that runs on Chrome, Internet Explorer, or Edge browsers on Microsoft OS computers. The web console used for system access should be HTML-5 based. Utility meets this requirement. AVaiLWeb™ is HTML-5 based. The System shall support current web security protocols. Specifically, it shall support TLS 1.2, and have old protocols (SSL V2, SSL V3 and TLS 1.0) disabled. It shall support SHA-2 based certificates with key lengths of 2048 bits. Utility meets this requirement. AVaiLWeb™ supports TLS 1.2 and has old protocols such as SSL v2, SSL v3, and TLS 1.0 disabled. AVaiLWeb™ supports SHA-2 based certificates with key lengths of 2048 bits. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 44 The vendor’s System shall be capable of redacting video for external viewing or public release. Utility meets this requirement. AVaiLWeb™ has built-in SmartRedaction™. All redacting/editing is performed within a standard browser on the Department’s computer. Thus, all of the intensive computing is performed in the cloud, allowing for superior performance and an unbroken chain of custody for the evidence throughout the redaction process. Our capability to redact recordings in the cloud is unmatched by any competitor. All modifications are only made to a copy of the original video. There are many redaction modes available to the user such as Full Blur mode, Skin Blur mode, and Interactive mode. Interactive mode allows the user to easily identify objects they wish to redact or enhance with a tracking box or label. The user specifies how long they want this object to be tracked and redacted. For example, the user could redact an object for just a few seconds or throughout the entire video. Once the object is identified by the user, Smart Redaction™ will recursively redact that object from that point in the video. The System shall provide detailed audit capability for system access. This audit capability shall provide for tracking system access and any modifications to user permissions or access levels, including user creation or deletion. Utility meets this requirement. AVaiLWebTM provides a robust audit log of all recordings that details access, viewing or playback, edits, deletions, commenting, shares, downloads, transfers, etc. These logs take the form of a chain of custody that is an audit trail which every incident/recording has. The chain of custody report shows information about an incident/recording such as who or what activated the recording, who or what deactivated the recording, any classifications or notes that are added or modified for the recording, any retention action that is taken, any exports to an external source, and any other action that is taken on an incident. This report includes a date/time stamp, the user’s username, and IP Address. Alternatively, there is a User Access Custody report which shows all actions taken by a user for a given time frame. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 45 These reports are printable and exportable into PDF format. The System shall allow concurrent users to access the same video at the same time. Utility meets this requirement. AVaiLWebTM automatically supports concurrent users accessing the same video at the same time. There are no limitations on the number of users allowed on at one time. The System shall have user authentication with role-based permissions. Utility meets this requirement. AVaiLWebTM provides a simple way to manage individual user profiles and security settings by providing administrators a way to define security roles with a unique set of permissions. Since each user has a security role tied to them, you always have a quick way to manage what a user has access to. System Administrators have full control over providing or restricting access to new or existing users through AVaiLWebTM. All interaction within AVaiLWebTM is governed by a user’s security role in order to provide granular control over user permissions. Part of the security role definition provided within AVaiLWebTM allows administrators to define what a user is allowed to do with a video/audio file (incident). The security role can allow/prohibit a user adding or modifying tag(s). By default, the System Administrator role has access to all of the functions available within AVaiLWebTM including the ability to define retention periods. System Administrators are free to define as many security roles as necessary to cover all possible user access levels. A security role, such as a certain employee which only has rights to view their own files, is then assigned to a user or set of users. Security roles can be further customized to allow/restrict users from viewing videos based on classification type, or related video (video from the same incident/case). Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 46 The vendor’s System shall support automatic updating of their user attributes, including, but not limited to name, email address, department, title, phone number, etc. Describe how your System meets this requirement. The vendor’s System shall support active directory integrations and support for federated authentication using Security Assertion Markup Language 2.0 (SAML 2.0) for cloud based access. Utility meets this requirement. AVaiLWebTM, if integrated with the City's Active Directory, supports automatic updating of user attributes including, but not limited to name, email address, department, title, phone number, etc. System Administrators can edit user attributes via the administrative portal within AvaiLWebTM at any time. The System shall support multiple unique “SAML group attribute” to “System Role” mappings. Utility meets this requirement. AVaiLWebTM is used to manage all group and role relationships. The System should support multi-factor authentication. Utility meets this requirement. AVaiLWebTM supports multi-factor authentication. A user will first log on to AVaiLWebTM, either using their username and password or SAML 2.0, and then provide a randomly generated key sent to the user either via email or text message. Recordings by cameras shall include metadata for indexing and searching, such as date/time stamp, officer, etc. Utility meets this requirement. All digital inputs are automatically included as marker metadata (siren, warning lights, brakes, etc.). Some examples of the additional metadata that is automatically captured are: timestamp (Date and Time), Deputy name (Operator), device name (Unit/Vehicle Number), GPS location, and, if integrated with CAD/RMS: classification type, title, notes, case number, etc. The search feature within AVaiLWebTM operates similar to how modern search engines function in that keywords, which are within the metadata, can be used to search for incidents. This provides very powerful, robust searching capabilities within the system. Some common search parameters include date/time, officer name, device name, classification type, title, GPS location, related incidents, etc. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 47 Users can add metadata from any component of the integrated solution to video evidence in the form of notes, markers, or custom field entries (such as case numbers or CAD incident numbers). AVaiLWebTM supports the ability to search for any such metadata. The System shall be able to search, access, and retrieve records/videos up to and including the retention period. Utility meets this requirement. AVaiLWebTM allows authorized users to search, access, and retrieve records/videos up to and including the retention period. Once an incident is removed by retention, the metadata for that incident remains, including the full chain of custody. The System shall be able to capture a date or event/trigger that establishes the start of the retention period for any document, video, audio file, etc. stored in the system and calculates the date on which the item will become eligible for destruction. Utility meets this requirement. Retention within AVaiLWebTM allows for custom retention periods by classification type to be defined by administrators. There is also a retention period for unclassified incidents. The System shall be able to classify recordings, and classification shall be able to set retention periods. Utility meets this requirement. Retention within AVaiLWebTM takes place automatically based on custom retention periods by classification type to be defined by the Department. There is also a retention period for unclassified incidents. These retention periods can easily be configured, or modified, to maintain consistency with Department- defined policy. The System shall allow for an unclassified video to be retained for a user defined period, after which it will be deleted. Utility meets this requirement. Unclassified incidents have a retention period that can be defined by the administrator. The System shall make it possible to export data from storage to a non-proprietary format. Utility meets this requirement. AVaiLWeb™ also allows authorized users to export original recordings into standard, non-proprietary file formats (MP4) which can then be played on any Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 48 standard media player, including Microsoft Windows Media Player, QuickTime, and VLC. The System will provide a means for redaction in recorded videos and photographs. When redaction is required, this operation will not alter the original file. Utility meets this requirement. AVaiLWeb™ has built-in Smart Redaction™. All redacting/editing is performed within a standard browser on the Department’s computer. Thus, all of the intensive computing is performed in the cloud, allowing for superior performance and an unbroken chain of custody for the evidence throughout the redaction process. Our capability to redact recordings in the cloud is unmatched by any competitor. All modifications are only made to a copy of the original video. There are many redaction modes available to the user such as Full Blur mode, Skin Blur mode, and Interactive mode. The System shall be able to report on records and videos that have met their retention period and are eligible for destruction. Utility meets this requirement. A retention activity report is available within AVaiLWebTM for authorized users which details videos that have been removed by retention. All actions taken by retention are also included in the chain of custody that is tied to the incident. Any request to delete a video shall include all copies. Utility meets this requirement. AVaiLWeb’s retention engine deletes all incident copies. AVaiLWeb™ expunges records by deleting the video and sealing the metadata to prevent any further modifications. The System shall be able to apply legal holds that suspend deletion - even if those records have met their retention requirement - in the event of an ongoing audit, litigation or investigation, PIR, or other legal action. Utility meets this requirement. AVaiLWebTM is able to apply legal holds that suspend deletion, including those records that have met their retention requirement, in the event of ongoing audit, litigation, investigation, PIR, or other legal action. This can be done by creating Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 49 a classification with an appropriate retention period to suffice investigation, such as 30 years. The System shall be able to remove legal holds and resume original retention schedules when an audit, litigation, investigation, PIR, or other legal action is concluded. Utility meets this requirement. AVaiLWebTM is able to remove legal holds and resume original retention schedules when an audit, litigation, investigation, PIR, or other legal action is concluded. The authorized person would remove the appropriate legal classification from the incident which would then cause the retention period of the original classifications to become the determining factor once again. The System shall be able to prevent the unauthorized alteration or deletion of records. Utility meets this requirement. AVaiLWebTM implements role-based user permissions in order to prevent unauthorized alteration or deletion of records. All metadata is retained and sealed so that no further modifications can be made. All actions taken on an incident are recorded in the chain of custody. The System shall be able to retain and preserve records/videos until retention is met. Utility meets this requirement. AVaiLWebTM only deletes videos once their retention period has been met. The System shall allow for restricted access to certain videos. Utility meets this requirement. AVaiLWebTM allows for restricted access to certain videos. Users with the proper permissions may lock down a video, regardless of classification, so that only users with certain privileges in the system can view it. The System shall be able to produce a report or log indicating which videos have been destroyed, when the destruction took place, who performed the destruction and the reason for destruction. Utility meets this requirement. A retention activity report is available within AVaiLWebTM for authorized users which details videos that have been removed by retention. All actions taken by retention are also included in the chain of custody that is tied to the incident. While users cannot destroy videos, they can, if allowed by role/privilege, change a video’s classifications, which would lengthen or shorten the video’s Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 50 retention period. Any interaction with the video, including adding or removing classifications, are kept indefinitely in the video’s chain of custody. The System shall provide for a robust audit log of all recordings that details access, viewing or playback, edits, deletions, commenting, shares, downloads, transfers, etc. All logs will be date/time stamped, record user data (name, username, email address, etc.) and any unique System data (IP Address, MAC Address, hostname, etc.) that can be reasonably obtained. The System must allow the audit trail for any item (audio, video, photograph, etc.) to be easily generated and viewed by personnel and administrators. Utility meets this requirement. AVaiLWeb™ provides a robust, tamper proof, audit log of all recordings that details access, viewing or playback, edits, commenting, shares, downloads, transfers, etc. These logs take the form of a chain of custody that is an audit trail which every incident/recording has. The chain of custody report shows information about an incident/recording such as who or what activated the recording, who or what deactivated the recording, any classifications or notes that are added or modified for the recording, any retention action that is taken, any exports to an external source, and any other action that is taken on an incident. This report includes a date/time stamp, the user’s username, and IP Address. Alternatively, there is a User Access Custody report which shows all actions taken by a user for a given time frame. These reports are printable and exportable into PDF format. D. Proof of Concept The vendor shall allow for an appropriate proof of concept period to ensure that the System meets all of the City’s expectations. Proof of concept will be monitored with the performance criteria below. Utility meets this requirement. E. Implementation Detail a typical timeline for full implementation from award of contract to the site being turned over to standard technical support. Also An illustrative schedule and a ‘Work Breakdown Structure’ for the City’s proposed RocketIoTTM in-car cameras installation, and BodyWornTM Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 51 include any pre- delivery requirements that the city may need to plan for such as back-end integrations for RMS and CAD. camera deployment is provided below. An enlargement of this Gantt diagram appears in Section 4: Implementation Approach to Services. The illustrative schedule assumes Notice to Proceed in late November 2018. In late November/early December 2018, Utility will begin planning with the City, and schedule delivery of the proposed order of 30 RocketIoTTM in-car and 30 BodyWornTM devices. Device deployment, training, and in-car hardware installations will begin in January 2019. Planning, deployment, training, and installation, would be complete in 60 days. Utility will work with the City of Milton to plan any back-end integrations upon Notice to Proceed, and apply all good-faith efforts to complete any back-end integrations within the 60 days timeline. Please see Section 4: Implementation Approach to Services, for a full discussion of the BodyWornTM and RocketIoTTM Implementation Methodology and Project Work Plan. This illustrative schedule is flexible, and can match the City’s preferred timeline as needed. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 52 The installation schedule of RocketIoTTM in-car video camera units is dependent upon the availability of the service area for install, and availability of MPD vehicles for install. The actual rate of installation (completion of configuration, integration, testing, and final system acceptance) is based upon training and MPD implementation schedules. This includes technical support and assistance devices, networking equipment, video uploading, charging, connectivity, system software and upgrades, and video retrieval software and procedures. Please see the Project Plan Outline in this section for details. The BodyWornTM deployment schedule is dependent upon the City’s recording policy being in-place, availability of officers, and defined, designated locations for training and implementation. It is also dependent upon whether the department chooses Utility to perform scheduling of officer fitting/ measurement and ordering of BodyWornTM carrier system, or the City chooses an existing approved uniform vendor to provide this function. Utility will work with an approved departmental uniform vendor to ensure the necessary modifications that are required, if any, comply with City of Milton procurement. F. Performance Performance will be monitored in accordance with the following (at a minimum): 1 The timeliness in which the cameras are delivered Utility meets this requirement. 2 Technical support during the implementation Utility meets this requirement. For a full description of our ongoing customer service and training support, please see Section 4: Implementation Approach to Services. 3 Operator and Administrator training for the cameras as well as the evidence management portal/storage System Utility meets this requirement. Training implementation will include all designated agency supervisory personnel, uniformed line officers, and specialized units. An estimate of four hours of training is typical for each end user and supervisor to be involved with BodyWornTM and RocketIoTTM. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 53 Utility will provide ongoing and refresher training to account for personnel turnover and changes to the systems due to updates or technology changes. For a full description of our ongoing training, please see the Implementation Methodology, Project Work Plan and Schedule, and Training document in Section 4: Implementation Approach to Services. 4 The cameras functionality and back-end management System Utility meets this requirement. 5 Technical support responsiveness to issues involving equipment malfunctions, access to stored material and any additional training needs that are identified Utility meets this requirement. Utility provides 24/7/365 phone-based technical support for the 5% of technical questions not serviceable by internal means. This includes a call back within one hour of any outage notification. Within 48 to 72 hours, Utility provides on-site services to address support issues that cannot be resolved via phone. For a full description of our ongoing customer service and training support, please see the Ongoing Support and Customer Service document in Section 4: Implementation Approach to Services. 6 Ability to deliver technical documentation, user manuals, etc. Utility meets this requirement. 7 Provide any regulations the vendor must abide by Utility meets this requirement. 8 The Offeror will be required to abide by all applicable rules and regulations of federal, state and local governing entities. Additionally, the selected vendor shall be compliant at all times with current CJIS Security Policy regarding system, network, and personnel background as applicable to this solicitation and subsequent award of contract. Utility meets this requirement. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 54 General Specifications: Describe your implementation process including, but not limited to, the installation and configuration of hardware, software, back-end services and integrations, peripheral hardware and software, technical support, as well as on-site training and certification for operators and administrators. Utility’s technology and training for the City will ensure optimum use and operability from the total integrated solution provided by BodyWornTM and RocketIoTTM, and the AVaiLWebTM platform. The ecosystem was engineered and designed to simplify an officer’s interface with their body worn camera and in-car technologies, with a user interface which is intuitive and readily adoptable. BodyWorn™ and RocketIoT™ are able to add features and capabilities, all the while updating the same device. During the initial deployment, the Utility implementation team works with City IT staff to set up the initial configurations of the AVaiLWebTM video management system platform, RocketIoT™, and BodyWornTM, which are assigned by the City’s system administrators through AVaiLWebTM. Thereafter, BodyWornTM automatically downloads any new configuration updates upon start-up, and every five (5) hours starting at GMT midnight. This process occurs behind-the- scenes, without the need for user interaction by officers or City IT personnel. As such, there is minimal configuration management needed after the initial configurations have been assigned. Implementation is guided by a Project Plan and a step-by-step process from Project Kick-off to the Final Hand-Off, including Implementation, Training of all categories of relevant City staff, Trouble Shooting and Support Escalation, Device Training, and AVaiLWebTM training. We maintain a Cost and Quality Control Plan to manage the flow of the Project Plan and Deliverables to ensure the efficiency and effectiveness of hardware and software video management and storage. Please see Section 4: Implementation Approach to Services for details on our Implementation Methodology and Project Work Plan and schedule. Provide specifics for emergency technical support will be based and how it will be accessed. Utility provides 24/7/365 phone-based technical support for the 5% of technical questions not serviceable by internal means. This includes a call back within one hour of any outage notification. Within 48 to 72 hours, Utility provides on-site services to address support issues that cannot be resolved via phone. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 55 For a full description of our ongoing customer service and training support, please see the Ongoing Support and Customer Service document in Section 4: Implementation Approach to Services. Provide specifics for ensuring ongoing and refresher training (ex: new hires and system updates). Utility will provide ongoing and refresher training to account for personnel turnover and changes to the systems due to updates or technology changes. Utility uses a train-the-trainer model and will provide a Training Leader, as well as a technical Field Engineer, and trainers to train your internal staff. Training is on-site, in-person, and online and interactive. We distribute hardware and give in-depth, face-to-face training classes on using the hardware and software. The AVaiLWebTM video management system is role and permission based Technical support staff will receive their own training session and will cover troubleshooting, back end system navigation and redaction, training for reporting and reviewing activity logs, and for producing scheduled reports. Advanced technical support and video management training will be provided in a classroom environment. Utility can adapt to most seating and room requirements in a typical classroom space within a standard facility. Utility provides equipment necessary to conduct training, including a computer, WiFi hotspot, and all other materials. We propose a hands-on approach to training to ensure all respective individuals have complete understanding and are comfortable with using and training on the system. For a full description of our ongoing training, please see the Implementation Methodology, Project Work Plan and Schedule, and Training document in Section 4: Implementation Approach to Services. Describe how you will provide immediate notification of security or data breach. Utility will provide immediate notification of any security of data breach of any of our systems or facilities whether or not City data is directly hosted on that system. This notification will come in form of an email to the point-of-contact for the City. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 56 Describe how you will provide notification and remediation plans regarding any security vulnerability deemed to have critical severity. Utility will provide notification and remediation plans via email regarding any security vulnerability that is deemed to have a critical severity, and that may impact the overall security of our platform whether or not City data resides directly on the affected system. Describe the warranty on your devices, and plan for replacing any failed hardware. Also include any metrics for average number of warranty replacements for the make/model of any hardware included in your offer. Utility warranties are in full effect for the term during a current paid annual SaaS subscription. Hardware failure outside of malicious intent is fully covered free of charge by Utility. Please refer to Section 5: Supplemental Information for a summary and links to Utility’s warranty, terms and conditions, and Software as a Service (SaaS) agreement. Describe how your System will integrate with existing CAD and RMS systems. Utility meets this requirement. AVaiLWebTM can integrate with existing CAD and RMS systems to pass case numbers, locations, officer ID, call type, etc. This integration can be as aggressive as automatic incident recording based on date/time and location, automatically tagging the incident with the CAD call number, or as light as allowing the user to tag an incident with a CAD call number after it's recorded, either on the BodyWornTM or RocketIotTM device or in the AVaiLWebTM system. Either way, when a user views an incident in AVaiLWebTM, relevant CAD information will be displayed along with the incident, and all incidents tagged with the same CAD call number will be automatically associated with one another. Also, users will be able to search in AVaiLWebTM for any incidents by CAD call number. Utility will work with the City on any necessary integrations. Please describe how your System tracks body camera location and how the information is viewable in the web based client. Because BodyWorn™ and RocketIoT™ are smart computing devices, GPS position data is collected and associated with all video, audio, and metadata. Additionally, both devices report their location to AVaiLWeb™ based on our event-driven location model. Then when a location change event (stop moving, start moving, direction change, etc.) occurs, the device reports its location (latitude/longitude/speed/heading/event code/timestamp) to AVaiLWeb™. In this way, BodyWorn™ and RocketIoT™ locations are available to users with proper privileges to see device locations on a Google Maps user interface within AVaiLWeb™. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 57 Describe how video can be viewed and tagged from the field, and list any/all third party software or hardware necessary to fulfill this need, and describe how you will meet this requirement. Users can review and tag video in the field using BodyWorn’s included touch screen user interface or RocketIoT’s tablet or laptop/MDC user interface. Officers can add a wide variety of metadata by default, including classification and any custom fields defined by DPD (case number, type of crime, CAD call number, etc.). Information such as the officer’s name and identification number are automatically added. AVaiLWeb™ allows System Administrators to fully customize metadata entry fields from a minimum of 0 fields, to an undefined maximum number of fields (AVaiLWeb™ is designed to not limit you.) Describe the method by which an authorized user may access these files in your System. List any/all third party software required to do so. Users can review and tag video in the field using BodyWorn’s included touch screen user interface or RocketIoT’s tablet or laptop/MDC user interface. Users can authenticate with BodyWornTM, the RocketIoTTM, and AVaiLWebTM by providing their assigned, unique, username and password. No one has any access to the production system until they are authenticated. AVaiLWebTM provides a fully customizable way to manage individual user profiles and security settings by providing administrators a way to define security roles with a unique set of permissions. Since each user has a security role tied to them, you always have a quick way to manage what a user has access to. As an example, the security role definition provided within AVaiLWebTM allows administrators to define what a user is permitted to do with a video/audio file (incident). The security role can allow/prohibit a user adding or modifying classifications, reviewing the video, and/or sharing the video with other users. AVaiLWebTM includes user system usage, change tracking, and chain of custody reports, among other reports. No third-party software is required. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 58 Camera Requirements as Outlined in the DOJ 18 Core Operating Characteristics Detail the tamper resistant/tamper proof features of your camera. RocketIotTM and BodyWornTM have been designed to be tamper resistant and do not allow any user to edit or delete recordings at any point in time. Authorized users are allowed to add metadata to the video and review the video in the field if allowed to by departmental policy. All actions are entered into the chain of custody. Both RocketIoTTM and BodyWornTM include sufficient storage space to ensure that video is not overwritten. Describe how your System protects files from being overwritten if an attempt at a file offload/upload fails. RocketIotTM and BodyWornTM never overwrite files before they have been transferred/uploaded. Once RocketIotTM and BodyWornTM and the server have validated an incident as fully uploaded, BodyWornTM allows the files to be overwritten. Describe how your camera securely and efficiently uploads content from the cameras while maintaining the confidentiality, integrity and authenticity of the data. The solution’s mobile units are wireless devices and capable of uploading video natively using a cellular connection to upload video if so configured. Alternately, BodyWorn™ can upload files to AVaiLWeb™ when used in conjunction with RocketIoT™, as it offloads recorded video as soon as possible via WiFi to the RocketIoT™, which has a 120GB solid state drive. The RocketIoT™ acts as a CJIS compliant, secure video vault. Incidents that are classified with a classification that City defines as high priority can be automatically uploaded via the cellular network in order to provide almost immediate access to the recording(s). Utility created Smart Waypoints™ because a BWC’s internal storage is typically the least secure location within the video data ecosystem, and video isolated to a camera awaiting docking for uploading is at risk. With Smart Waypoints™, BodyWorn™ automatically moves video to available secure storage as fast as it is collected, on-the-fly without officer effort, without the need to physically exit a vehicle, or the need to remove their BodyWorn™ camera from its mounting. Video uploading occurs in the background while Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 59 officers perform their customary work activities in the parking lot, in vehicle refueling areas, or within the station. The Smart Waypoint™ acts as a store-and-forward device for data routed to cloud storage, which is valuable because it severs the dependency on an active Internet connection. The high-speed wireless connection afforded by the Smart Waypoint™ is generally much faster than that available through ISPs. Many officers’ devices can upload to the Smart Waypoints™ simultaneously to provide the fastest means of offloading data from the BodyWorn™ camera device. RocketIoTTM, BodyWorn™, AVaiLWeb™, and the Smart Waypoint™ all provide end-to-end encryption of data that is in compliance with CJIS policy. All evidence is encrypted at rest and in transmission using AES 256-bit encryption. All evidence is stored in Amazon's CJIS-compliant AWS Gov Cloud. Implementation: Detail a typical timeline for full implementation from award of contract to the site being turned over to standard technical support. Also include any pre-delivery requirements that the city may need to plan for such as back-end integrations for RMS and CAD An illustrative schedule and a ‘Work Breakdown Structure’ for the City’s proposed RocketIoTTM in-car cameras installation, and BodyWornTM camera deployment is provided below. An enlargement of this Gantt diagram appears in Section 4: Implementation Approach to Services. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 60 The illustrative schedule assumes Notice to Proceed in late November 2018. In late November/early December 2018, Utility will begin planning with the City, and schedule delivery of the proposed order of 30 RocketIoTTM in-car and 30 BodyWornTM devices. Device deployment, training, and in-car hardware installations will begin in January 2019. Planning, deployment, training, and installation, would be complete in 60 days. Utility will work with the City of Milton to plan any back-end integrations upon Notice to Proceed, and apply all good-faith efforts to complete any back-end integrations within the 60 days timeline. Please see Section 4: Implementation Approach to Services, for a full discussion of the BodyWornTM and RocketIoTTM Implementation Methodology and Project Work Plan. This illustrative schedule is flexible, and can match the City’s preferred timeline as needed. The installation schedule of RocketIoTTM in-car video camera units is dependent upon the availability of the service area for install, and availability of MPD vehicles for install. The actual rate of installation (completion of configuration, integration, testing, and final system acceptance) is based upon Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 61 training and MPD implementation schedules. This includes technical support and assistance devices, networking equipment, video uploading, charging, connectivity, system software and upgrades, and video retrieval software and procedures. Please see the Project Plan Outline in this section for details. The BodyWornTM deployment schedule is dependent upon the City’s recording policy being in-place, availability of officers, and defined, designated locations for training and implementation. It is also dependent upon whether the department chooses Utility to perform scheduling of officer fitting/ measurement and ordering of BodyWornTM carrier system, or the City chooses an existing approved uniform vendor to provide this function. Utility will work with an approved departmental uniform vendor to ensure the necessary modifications that are required, if any, comply with City of Milton procurement. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 62 Section 2: Technical Specifications Approach of the Solution Features and Capabilities of the RocketIoTTM In-Car and BodyWornTM Solutions The Ultimate Ecosystem Mission Critical Mobile Intelligence. Protect What’s Important: Officers, Evidence and Community Transparency All data collected by Utility is encrypted and securely stored in the cloud. No need for cumbersome docking stations or server rooms. Eliminates risk of data loss. Capture high-quality video with our one-of-a-kind integrated body camera. Use policy-based triggers to start and stop camera recording. Always have a Wi-Fi connection with a vehicle-based mobile router. Upload BodyWorn and In-Car video instantly to the cloud. Share videos within Utility’s Virtual Command Center using our state-of-the- art automated redaction software to blur anything from large crowds to an identifiable mark. Utility’s Virtual Command Center – a comprehensive user-friendly online platform allows the user to store, manage and retrieve important videos at the click of a button. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 63 This section of the Bid response describes a system overview of technical features, capabilities, and design considerations that are included in the Utility Ultimate Ecosystem. This combination of features and capabilities is unmatched by any other body-worn video recording service, and describes the ideal structure designed for a cohesive department. Utility is a video communications industry-leader. As such, we provide the following link to an animated explanation of the topology diagram shown above: https://youtu.be/FXacajEmBBg Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 64 The BodyWornTM camera is a smart computing device that utilizes real-time 4G-LTE cellular communications provided either by its own LTE connection or by the optional RocketIoTTM In-Car Router/DVR along with a variety of sensors and configurable operating software for autonomous processing. This combination of software and communications driven technology provides policy-based recording control, automatic “Officer Down” safety reporting, and geo-fence zone awareness, while minimizing the impact of racial bias in recording decisions and officer distraction. Utility’s BodyWornTM camera uses a mobile computing device to capture and manage video for on-duty Officers. Using familiar technology reduces Officer distraction and therefore, personal safety risk. BodyWornTM also offers the ability to receive messages and take actions based upon configuration rules processed by software that can be updated at any time. Clip-On Cameras Fall Off With law enforcement departments spending big dollars on body-worn cameras, the intent should be to reliably record video of an incident. Cameras that are clipped onto eyeglasses, headbands, shirt collars, or epaulets are very exposed to getting knocked askew and recording unreliable video. Very recent headlines confirm the embarrassment and risks Departments face when clip on cameras fall off, and then even get taken away by third parties, leaving law enforcement vulnerable to community scrutiny. Source:http://www.mlive.com/news/grand- rapids/index.ssf/2016/07/grand_rapids_police_looking_fo_16.html The time the department most wants to collect video of an incident is when an officer gets into a use of force situation with an assailant. A clip-on camera is most likely to get knocked-off and sent flying to the ground during a struggle. The Edmonton Canada Body Worn Video report from June 2015 stated "in use of force situations the camera almost always became partially or fully dislodged," and on several occasions the camera flew off and was 'lost' without the wearer realizing it. The Edmonton report further "expressed Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 65 strong safety concerns because the pressure of the camera against a member's temple could cause injury in a dynamic interaction; and, the breakaway wire could be used as a weapon against the member". For all these reasons, a clip-on body-worn camera is a fundamentally bad concept Camera Integrated into Uniform Because of the fundamental problems of a clip-on camera, the Utility BodyWornTM is integrated into the officer’s uniform. It is securely mounted and can’t be snatched off by an assailant. It can’t fall off when the officer runs or gets into a struggle. The officer always knows exactly where the camera is pointing. There is no wire that can be used to strangle an officer. The camera is mounted in front of the officer’s body armor, not against the head where it could cause a head injury. The most important factors for the Utility BodyWornTM camera integration into the officer’s uniform are that officer safety External View of Integrated Duty Shirt Mounting Option Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 66 is maximized, and BodyWornTM video is recorded reliably. Utility’s mounting system incorporates extremely strong magnets, an alignment pin, and sloping-edge lens design to guide the BodyWornTM into the holster mount. This combination provides for a very secure and positive marrying of the holster and the BodyWornTM device. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 67 Integrated Tactical Mounting Option External Tactical Mounting Option Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 68 Never Lose Video Some body-worn cameras have been known to lose video when the camera’s battery is low. Any body-worn camera where video can be lost is going to damage public trust in transparency and accountability. The Utility technical approach to body-worn cameras is to never have any situation or possibility where body-worn video can be lost. The Utility BodyWornTM camera has no cable, and there is no battery level or condition that would cause video to be lost. Policy Changes Utility’s BodyWornTM software driven policy-based recording ensures consistent, transparent, bias-free, and reliable video recording starts and stops that implement the your department’s Command Staff video recording policy decisions without exception. Also, being that the system is updated “over the air” allows for all body-worn cameras to be consistently current - policies may now change without the headache associated with a manual update process. Audit Trail Records To ensure public trust in transparency, a body-worn camera should generate and immediately upload a video recording Start or Stop audit trail message. An audit trail record exists in the video management system. It logs when and where a camera starts or stops recording, whether the body-worn video camera ever makes it back to a station to be placed into a docking station or not. If a Recording Start or Stop audit trail message is received, but no matching body-worn video is uploaded, the Command Staff can know to start looking for the missing video file. This will increase public confidence in your department’s transparency for 21st Century Policing. Audio and Video Privacy Requests Audits The BodyWornTM camera audio can be muted based on departmental policy. Citizens may request that audio and/or video recording be stopped before they will provide a Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 69 statement or information to an officer. The BodyWornTM camera audibly announces to the officer and to nearby citizens that audio recording is being muted. The announcement is recorded as part of the audio track before audio is actually muted. This way there is an audit trail and positive confirmation that audio was muted. In a similar manner, if an officer unmutes the audio to restart audio recording, an audible message prompt announces to the officer and nearby citizens that audio recording is being restarted. Automatic Biometric Login Our smart technology strives to reduce manual officer interaction as much as possible by leveraging the biometric capabilities of the BodyWornTM. In order to securely log in to the device, an officer can simply use his or her fingerprint. Once the BodyWornTM recognizes the fingerprint as belonging to an authorized user, the BodyWornTM uses these credentials to log in. Other systems fail to provide this enhanced level of security and many do not provide a screen or entry method for an officer to log into his or her body-worn camera at the start of each shift. Our approach removes the risk of an officer recording video on a device that was not assigned to them. The enhanced biometric login capability provided by the Utility BodyWornTM prevents a mismatch between the officer and the assigned officer. Accelerometer Based Video Recording Start and Stop The Utility BodyWornTM provides automatic video recording Start and Stop based upon motion and acceleration detected by the device. If an officer starts running, the BodyWornTM will start recording if it is not already. During a chase of an assailant is not the time for an officer to start fumbling around trying to manually press a record start button. A body-worn recording device should start recording automatically during these situations. Automatic Trigger when Officer Starts Running Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 70 “Officer Down” Automatic Reporting Similarly, an accelerometer and 3 axis position sensor can determine when an officer is in a horizontal orientation. When this is detected, the device provides a voice notification prompt to the officer to de-activate a pending “Officer Down “emergency alert. If the officer doesn’t respond, the BodyWornTM sends an emergency message to the central video repository, which in turn generates an emergency notification to all designated users than an officer is down and provides an exact GPS location of the officer in web based map view. Central Dispatch and nearby officers can respond to the exact location where the officer is known to be down. The BodyWornTM camera also automatically starts recording and uploading metadata, video and audio. In this way, the BodyWornTM provides a very significant officer safety capability. BOLO, Amber, and Silver Alerts Since the Utility BodyWornTM can have access to 4G-LTE communications, it can receive, as well as send, real-time information. A dispatcher can send an immediate BOLO (Be On the Look Out), Amber, or Silver alert to a group of officers such as homicide or traffic, all officers within a Geo-Fence zone, or to every on-duty officer. BOLO, Amber, and Silver alerts can include text messages, voice announcements, and pictures. An officer’s BodyWornTM will announce the officer has received a BOLO alert, or can be configured to vibrate if the audio is muted. The officer can take the BodyWornTM out of the armor vest or jacket, and look at the text and picture of the BOLO suspect, or Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 71 the picture and description of the child or senior citizen. Information is communicated immediately, which increases officer safety and allows your department to respond to calls faster. The BodyWornTM camera can also take pictures of suspects, and share those pictures with Central Dispatch and other officers. This allows an officer to show a picture of a suspect to a victim to identify a suspect without having to confront the suspect a second time. This technology avoids “re-victimizing the victim”. Current H.264 Video Recording Standard The Utility BodyWornTM camera is based upon current MPEG-4 H.264 Video Recording Standard. In contrast, other vendors use the older MPEG-4 Part 2 a.k.a H.263 Video Recording Standard in their cameras. This is very important to departments, because video recorded using the older, obsolete H.263 is about twice as large as video of the same resolution using the current H.264. Big video file sizes can cost the customer double in storage space. For a large department, the cost of additional video storage caused by antiquated H.263 compression could be budget buster that may be easily avoided by selecting a system that utilizes current technology (H.264 compression). It is important to note that video cannot be compressed after it is recorded. Compressing the video after recording changes it, which breaks the Chain of Custody. So once video Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 72 is recorded, that is the size of the video file that has to be stored – sometimes for years before it can be purged. The double cost of storing video recorded using an H.263 video camera will continue each month until the video is purged. An alternative way to compare H.264 to H.263 is to note that H.264 can record in High Definition 720 resolution in the same video file size that H.263 records low definition 640 x 480 VGA. HD 720 video resolution captures a much higher resolution video that shows more detail – which is better evidence. The average citizen’s smart phone has a High Definition camera for recording video. Higher resolution video is more credible than low definition video. If the officer’s body-worn camera records in low definition 640 x 480 VGA resolution, citizen video will be considered a more reliable depiction of what happened in an Incident. Your department’s credibility will be compromised as a result. Slice File Recording Format The mobile Chain of Custody video recording software uses a highly secure slice file structure. Instead of common video file formats such as .mp4 and .avi that generate one large file for the entire video segment, our video is recorded and encrypted in one-minute “slice” files. This format also supports a very fast upload of video. Each one-minute slice file can be immediately uploaded as it is recorded through a very secure AES-256 encrypted data tunnel to the video evidence repository. So an officer recording video during an incident is uploading each one-minute video segment while recording the incident. Even if the officer is attacked and the camera is destroyed, most of the video is already uploaded and logged into the central video repository. As a result, there is no opportunity for anyone to lose or tamper with video recordings before they are uploaded. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 73 Video File Playback Security Because videos are recorded and stored as one-minute slice files, standard .mp4, .avi and other standard video player software cannot play them. A 30 minute video is a collection of 30 one-minute slice files. The AVaiLWebTM viewer stitches the slice files together to play the video. Therefore, for someone to attempt to hack into Amazon to get a video, they would have to find and assemble all 30 slice files, and know how to extract a standard video playback format such as .mp4, mpg, .avi, or another common video file format from the slice. It would be almost impossible for someone to get a BodyWornTM video file and play it outside of AVaiLWebTM without exporting the video first. Once video is in the secure AVaiLWebTM VMS, users with appropriate levels of access can create these exports and share in industry standard formats. All chains are maintained. Encryption BodyWornTM provides video security by encrypting the video using AES-256 encryption on the video while it is stored in the body-worn camera itself, maintaining encryption while the video is being uploaded from the body-worn camera to the central video repository, and also in the central video repository. This is known as encryption at rest and encryption in transit. Any body-worn camera service that does not encrypt video using AES-256 encryption at rest and in transit inherently is at risk of being compromised. Rocket-IoTTM is Utility’s innovative answer to in-car video, reliable connectivity and GPS based situational awareness combined, creating a powerful platform connecting mobile, cloud and wearable technologies. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 74 Advanced capabilities of the Rocket-IoTTM include: Upload Video Immediately Video evidence should be uploaded to the secure central video repository as soon as possible after it is recorded. The fastest and least intrusive way to upload RocketIoTTM and BodyWornTM video is through our SmartWaypointTM access points. The Utility RocketIoTTM system provides Wi-Fi access within 1500 feet of the patrol car and can upload 1GB of data in 90 seconds or less. Other authorized access points can also be used to immediately upload video files. RocketIoTTM and BodyWornTM video may be automatically uploaded through secure Wi-Fi, Smart Waypoint, or cellular connections. BodyWornTM video may be immediately transferred to the RocketIoTTM evidence vault in the vehicle then uploaded based on incident classification allowing for better management Backseat infrared camera and front facing camera Tablet-based in-car management system Digital inputs for BodyWorn and Rocket-IoT start-stop recording triggers On-board vehicle diagnostic Built-in accelerometer Event based GPS data and positioning Internal Hard Drive to temporarily store video for cloud upload Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 75 of the video data. High priority incidents may be upload over the cellular network while standard priority incidents are uploaded over Wi-Fi once the system is within range of an approved access point. Wi-Fi or Cellular wireless video upload avoids the need to purchase and install docking stations. There is no need for a secure room to provide Chain of Custody control over body-worn cameras while they are uploading video some hours after the end of the shift. Furthermore, your department does not have to install and support upgraded internal data networks to transfer video files from the manual docking stations to an internet access point. The cost savings from not having to purchase, install, and support manual docking stations will be significant, while at the same time, video will be uploaded much sooner and more securely with much less opportunity for video to be lost or compromised. Uploading Video and the Function of SmartWaypointsTM A body worn camera’s embedded storage is typically the least secure location within the video data ecosystem. Video isolated to a camera is at risk - whether it is theft, physical damage, or loss/dropped equipment, a recent example by the Department cited below: Source:http://www.mlive.com/news/grand- rapids/index.ssf/2016/07/grand_rapids_police_looking_fo_16.html Given a single device’s limitations and vulnerabilities, Utility moves video data quickly from its BodyWornTM camera to available secure storage within Utility’s provided EcoSystem as fast as it is collected. Unlike Utility’s Generation 2 solution, older generation body worn cameras are incapable of achieving secure, real-time on-the-fly video offload. This is an important distinction with key benefits to law enforcement video data security and agency costs. The lack of real-time on-the-fly offload by older generation cameras puts their isolated camera data at risk, and added expense for equipment and video management. Such older generation cameras require manual docking stations, an older technology which Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 76 requires significant infrastructure requirements and costs that are typically unaccounted for within initial budgets. Docking contributes unnecessary risk and inconvenience to an officer’s daily routine. Risk increases since metadata associated is not uploaded immediately, and chain-of-custody and other evidentiary information is not cataloged while the information is collected, denying any centralized accounting for lost videos. Utility’s Generation 2 solution BodyWornTM uniquely addresses each one of these limitations through its automated real-time metadata exchange, ensuring that video recorded in the field is accounted for (in advance of the video being uploaded to CJIS Compliant cloud storage) and resulting in centralized accounting of video. Utility’s BodyWornTM technology mitigates this risk through real-time offloading of the video to secure Smart WaypointsTM. Waypoints are unique to Utility’s BodyWornTM solution. Smart Waypoints wirelessly perform a function to replace a docking station, with faster, immediate upload of BodyWornTM recorded video. Utility’s pairing of BodyWornTM and Smart WaypointsTM ensures that Chain-of-custody is significantly improved by moving all captured video to more secure Smart WaypointsTM as soon as practical, on- the-fly without officer effort, without the need to physically exit their vehicle, or the need to remove their BodyWornTM camera from its mounting. Video uploading occurs in the background while officers perform their customary work activities in the parking lot, in vehicle refueling areas, or within the station. This enables officers to be removed from the dependency of physical docking stations, or an active Internet connection while uploading occurs. The Smart WaypointTM acts as a buffer for data routed to cloud storage, which is valuable because it severs the dependency on an active Internet connection. The high-speed wireless connection afforded by the Smart WaypointTM is generally much faster than that available through ISPs. Many officers’ devices can upload to the Smart Waypoints simultaneously to provide the fastest means of offloading data from BodyWornTM camera. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 77 Smart Waypoints serve to free the amount of on-device storage from limitation. While the BodyWornTM device itself can store 10+ hours of video, its storage capacity remains near-constant, as data is moved to the more secure Smart Waypoint as it is within range. Utility’s Smart Waypoint can store 1000+ hours video systems (1TB typical storage for Smart Waypoints). Policy-Based Video Recording Start and Stop Our Generation 2 body-worn recording system leverages real-time communications and sensors as data inputs to perform policy-based video recording. To the maximum extent possible, the body-worn camera should automatically start and stop video recording based upon policies established by your department. The Utility BodyWornTM camera can begin and end recording based upon one or more messages received from a Smart Sensor IO in-vehicle triggering system, an optional RocketIoTTM Vehicle Router, Central Dispatch, or a wristband controller. It can also begin recording from one or more sensors included in the BodyWornTM camera such as GPS, Accelerometer, proximity sensor, and magnetic sensors. Complex policy-based video recording rules can be defined and implemented through the BodyWornTM software. As an example, Command Staff may decide that if an officer stops the squad car (speed = 0), the light bar is on, and the officer opens the car door, the BodyWornTM camera should automatically start recording video. Another Command policy might be that BodyWornTM video recording under this scenario is also stopped by the car light bar being turned off. Video Management/Situational Awareness AVaiLWebTM is a simple user interface for situational awareness and video management that provides faster response times and better policing for citizens. Our video Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 78 management functionality utilizes multiple, user-friendly tabs on the dashboard displaying video playback, and GPS meta data simultaneously. Including this functionality within AVaiLWebTM minimizes training and implementation cost, and avoids a dispatcher or field user from having to switch between multiple applications to perform their work. Seconds can make the difference between life and death during a tense incident, and mistakes can be fatal. Powerful Video Search AVaiLWebTM provides a powerful search capability to identify all digital evidence recorded in an area for a date range, time range, officer, classification, user-defined codification, or with specific keywords in notes. There are two panel displays to play video. The left panel shows the actual video playback. The right panel shows a map with a “breadcrumb” trail laid over Google Maps of the location of the BodyWornTM as the video was recorded. The bottom of the right panel also displays thumbnail images of the video. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 79 Thumbnails allow the viewer to quickly scan a video and identify persons and locations of interest. Video playback immediately starts with a click on the timeline at the location of interest. The viewer doesn’t have to slide a scrubber bar back and forth to find the video segment of interest. These viewing panels allow the viewer to very quickly find and view the video of interest. Sharing Video AVaiLWebTM makes it easy to share video securely. A user can simply share a video with another AVaiLTM user. You can even set up share groups within AVaiLWebTM. Share groups typically consist of a collection of users who would all generally need access to videos with certain classifications. Authorized users can then share a video with a share group, granting access to that video to all users within the share group. Often, you will need to share video with people who are not AVaiLWebTM users. Authorized users can share video with external people, such as prosecutors or defense attorneys. AVaiLWebTM will create a unique share URL and email the URL to the person’s professional email address. Once they visit the URL, AVaiLWebTM will send them a one- Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 80 time code via a separate email. The one-time code then grants the user access to view the video. If necessary, for instance, if the external person is a private citizen or a member of the press, the authorized user can redact sensitive portions of the video and share only the redacted video externally. AVaiLWebTM automatically adds all video sharing and access to each video’s Chain of Custody. Video Classification Classifying is critical to searching for video, and managing video retention. The officer who just witnessed an incident is the ideal circumstance to classify video. The BodyWornTM camera provides a screen where the officer can choose one or more classification types from among your department defined, authorized categories. This classification selection can also be entered or updated using the AVaiLWebTM Video Management service. A quick and easy way to classify video at the scene increases categorizing accuracy, and avoids the need to hire additional staff to review and classify video after the fact. Classifications are instantly uploaded to the central video repository, and are immediately available to Dispatchers and Supervisors as needed. Classification-based Video Retention Classifications are assigned retention periods that can be configured for each customer. Videos with multiple classifications will be retained for the longest retention period. AVaiLWebTM video management serviceusers have no ability to delete videos. Videos are stored at AWS and are automatically replicated across multiple data centers, so there is no scenario where a video can be deleted on an unauthorized basis. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 81 AVaiLWeb’s classification-based retention lends itself well to retaining video as evidence during litigation or due to other court case requirements. You can create long-term or even infinite classifications with names like “Court” or “Litigation”. AVaiLWebTM will retain the video evidence until the video is no longer classified as court evidence, at which time AVaiLWebTM will simply enforce the remaining classification retention rules. Automated, Location-Based Recording Triggers The Utility BodyWornTM also provides automatic video recording Start and Stop based upon location and ‘Action Zones’ in the AVaiLWebTM video management service. Pre- defined (known high-crime areas) or ad hoc Action Zones can be used by dispatchers to automatically start video recording when an officer enters the zone. Rules can also define when an officer can stop recording. Command staff may decide the policy under this scenario requires that the recording stop upon the officer leaving the Action Zone or he may stop it herself or himself. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 82 Since the BodyWornTM camera is constantly reporting GPS location, it’s also possible to produce the dates, times, and duration of time spent in a ‘Geo-Fence Zone’ such as a district or beat or inside a predictive policing zone. Your department can also respond to elected officials who have constituent concerns about inadequate law enforcement presence in their neighborhood. AVaiLWebTM can provide exact facts about officer presence at any given street address for any given period. Live Streaming Depending upon security and cost policy, it is also possible to stream video in near-real time to Central Dispatch. Dispatch can send a “push” message to activate a group of BodyWornTM devices within a geo-fence zone and view live footage of what is happening at their location. Dispatch can also click into devices whose video is actively recording to see what that officer is currently seeing. A feature such as this could allow Dispatch to send officer assistance in the event that officer cannot call for help Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 83 Role-Based Security Citizen privacy and agency accountability demand that only authorized persons are allowed access to video recordings. AVaiLWebTM provides a robust level of access control, where the permissions and access rights can be controlled on a group or individual login basis. Access can also be restricted by IP address range or individual IP address. Temporary keys are used to provide one time access to each video, so that view URL addresses cannot be copied and shared. Challenge questions are supported when a user logs into AVaiLWebTM from a different IP address. Other additional security measures are provided to ensure that only authorized staff are allowed to view or work with authorized videos. A full audit trail is maintained of all additions, changes, and deletions to user profiles and access rights. Chain of Custody Logging In addition to role-based security, the AVaiLWebTM video management service provides a vigorous Chain of Custody audit trail of all events and access related to a digital evidence. Every time a video is saved, redacted, viewed, or distributed, an audit trail record of the access is logged while the video is being retained. The audit trail records who touched any video in some way; when it was touched, the IP address of the device, and what action was taken with the video. The viewer has no ability to modify or delete videos, preserving the Chain of Custody. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 84 Chain of Custody Risk Mitigation Departments spending millions of dollars on body-worn video services should be sure the video is admissible as evidence in a court trial. A body-worn video service that breaks the Chain of Custody is a waste of time and money. Chain of Custody requires positive control of evidence from the moment it is captured until it is presented to a Judge or Jury. There are many faults in a system that relies upon unattended docking stations mounted in a hallway to upload video after an officer leaves. The device is not under positive control. A camera sitting in a docking station that has not yet uploaded video could be removed or an upload problem in one camera may block the video upload from a following camera, and the video never gets uploaded. Also, a body-worn camera where the video is not encrypted on the camera itself is vulnerable to being destroyed or tampered with by a hacker who has physical possession of the camera. Security Watermarks Law enforcement video privacy is very important to maintaining citizen trust. No department wants video leaked to YouTube or social media sites. The AVaiLWebTM video management service automatically displays visual watermarks of the login ID on the video playback, so that if someone uses a cell phone or camera to take a video of the video, the User ID is displayed in the video, and the source of the leak can be tracked. In addition to a visual watermark, other watermark and security indicators are included in each video to trace any source of video being leaked to the public. CAD Integration Video evidence is often the result of a Computer Aided Dispatch (CAD) incident, whether it’s a 911 call or an officer-created traffic stop. AVaiLWebTM can integrate with your CAD system, making the relevant CAD information available in AVaiLWebTM. Users can see current incidents on the live view map in AVaiLWebTM, selecting incidents to see their details. Tagging video evidence with a CAD call number makes the CAD metadata available whenever a user selects the video in AVaiLWebTM. Users can then easily Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 85 search for videos by CAD call number, and any other videos tagged with the same call number will automatically be associated with each other, making it easy for users to see all videos that are relevant to a CAD incident. AVaiLWeb’s CAD integration is also another example of video automation. High priority or volatile call types can generate Action Zones around those calls’ locations. Any BodyWornTM that enters the Action Zone will automatically start a video recording, tag that video with the correct CAD call, and even classify the video based on the call type. If robbery call RB201801299 goes out, and an officer responds to the call, their BodyWornTM will automatically create a video, tag it with CAD call number RB201801299, and classify it as a robbery. The officer doesn’t have to start the camera, fill in the CAD call number field, or classify the video. The officer is freed up to do her/his primary job. Single Sign On The standard AVaiLWebTM authentication is username and password, but AVaiLWebTM supports Single Sign On (SSO), working with your existing Active Directory Federation Services (AD FS) system. When you activate SSO for your users, they don’t need to remember another password. They will be authenticated by your Windows Active Directory system, just like they’re logging on to their computers in the office. AD FS will forward the authenticated user’s information to AVaiLWebTM, and the user will be logged in to AVaiLWebTM just as if they had supplied the correct username and password. Transparency vs. Video Redaction Cost and Lead-Time An Automatic Video Redaction capability should be required as a part of a body-worn camera video management service. Once your officers start recording a lot of videos, there is likely going to be a large number of records requests for body-worn videos. Body- Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 86 worn videos will have to be redacted before they are released. Minors, innocent bystanders, and undercover officers will need to be protected. Redaction needs to include body parts such as arms with identifiable tattoos, license plate numbers, driver’s licenses, and other objects. The general rule of thumb is that it takes 5 to 10 hours of effort to manually redact an hour of video. So departments are facing a huge increase in labor effort to perform redaction of body-worn video. Departments that are not able to release redacted video on a short time frame are at risk of public concern about transparency. If the backlog of video redaction grows and release of redacted videos gets delayed, there will likely be a public perception that the department is hiding video it does not want to release. All departments need a low cost and fast way to redact body-worn video. A commonly used redaction technique is often called Full Blur, which smears the entire video – similar to smearing Vaseline across the camera lens. Considered crude and rejected as inadequate by third parties such as the ACLU, it raises doubts about an agency’s good faith efforts to provide 21st Century Policing transparency and accountability. Utility has developed SmartRedactionTM -- a very powerful Automated Video Redaction capability as part of the AVaiLWebTM service. Utility offers three levels of selective redaction unparalleled by our competitors: Skin Blur redacts skin in videos -- so it automatically redacts not only faces, but also arms and legs with identifying marks such as tattoos. Skin Blur with Audio Skin Blur without Audio Interactive Redaction Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 87 Interactive Redaction allows an operator to mark people and objects, and then the redaction software blurs the selected objects as they move around in the video. The result is video can be redacted in minutes rather than hours. The labor savings are dramatic, which avoids a major additional cost of labor to produce redacted body-worn video. It also allows departments to respond to open records requests in a much timelier manner. Faster turnaround of redacted video in response to open records requests will increase public confidence in your department. The SmartRedactionTM service is included in the Video Management section of AVaiLWebTM. Videos can be searched, redacted as needed, and then exported as .mp4 or .iso files to be provided to third parties. It is important to note that only a copy of a video is redacted. The original video recording is retained and is never edited in any way. Network / Bandwidth Requirements The proposed body-worn video service will not require any additional new installation of Network hardware or acquisition of additional network Bandwidth. Video will be uploaded to the Cloud service through Smart Waypoint access points, or if available, through vehicle routers, such as Utility’s RocketIoTTM in-vehicle router, leveraging cellular connections in squad vehicles. Many agencies implementing docking station solutions find that their IT infrastructure is unable to support mass data offload at shift changes to Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 88 upload video. BodyWornTM provides automatic continuous upload, thereby eliminating this concern. Bandwidth minimum requirements and recommendations: Hardware Security Utility is providing all hardware and materials used to deliver the body-worn video service for all requested BodyWornTM units during the one-year initial term, with renewal available for a multiple-year term. Database and Optional Software Departments will need access to a current desktop Web Browser and Broadband internet connectivity to use the AVaiLWebTM video management service. There is no additional or optional Software or Hardware needed to use the AvaiLWebTM service. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 89 System Security As documented in this narrative, the Software as a Service subscription (SaaS) and the Service provide complete end-to-end security from the time video is recorded until it is purged at the end of the video retention classification. Video is encrypted at rest using AES-256 encryption as it is captured on the body-worn recording device. Each one- minute segment of video is hash totalled, and then is uploaded to the video storage repository using an AES-256 encrypted virtual private network tunnel in transit from the BodyWornTM to the central video repository. The video files stored at the central video repository are AES-256 encrypted while at rest in the central video repository. No system user has the ability to delete a video. Videos are only purged based upon retention rules identified for each classification of video. Video files are replicated across multiple AWS data centers, and Amazon commits to 99.999999% file recovery. Utility technology leverages Intel technology for the highest security and reliable of data. The robust characteristics of the Intel chipset related to processing capability are critically important to situational awareness and access to data. As a technology partner, Intel provides solutions with no known security breaches or data security issues. All these controls and reports allow Utility to provide unmatched security over the Confidentiality, Integrity, Availability, Performance, and Reliability of body-worn camera and in-vehicle mounted camera digital video. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 90 Section 3: Company Qualifications and Experience Company Profile and Relevant Experience Utility Associates, Inc. is a vertically integrated US manufacturer and supplier of software solutions, body worn cameras, in-car cameras, mobile routers, mobile digital multi-media evidence management systems, and situational awareness software solutions for the law enforcement community, transportation agencies, and utilities. With over 100,000 devices deployed, Utility has worked with many progressive first responders, transit agencies and utilities to incorporate industry best practices to help solve critical legal evidence capture and field situational awareness management challenges. We support a base of over 350+ client agencies spanning small 5 unit installations to multi-precinct fleets with hundreds of vehicles. Company Location and Contact Information: Utility is a Delaware Corporation incorporated in 2001 with Headquarters in Decatur, Georgia, in Metropolitan Atlanta. Utility Associates, Inc. Global Headquarters: 250 East Ponce De Leon Avenue, Suite 600 Decatur, Georgia 30030 404-816-0300 general office 404-795-0525 fax www.utility.com www.bodyworn.com Primary Representatives: Contract Approval: Ted M. Davis, President and CEO, tmd@utility.com 404-769-0654 Executive Principal for the City of Milton: Chris Lindenau, CRO crl@utility.com Account Representative: John Dowd, Business Manager jdowd@utility.com Support Manager: Rachel Miller, Customer Support Specialist rmiller@utility.com Repair and Maintenance: Samson Aberra, Support Manager saberra@utility.com Names and roles of other key staff to be assigned to City of Milton, Georgia, are provided later in this Section 4: Implementation Approach to Services – Project Team. Utility hardware and software is designed, developed, manufactured, packaged, and shipped at our two offices, state-of the-art locations in Decatur, Georgia and in Covington, Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 91 Georgia, within Metropolitan Atlanta. Utility has more than 70 employees, all based in the US, and dedicated to our BodyWornTM and RocketIoTTM in-car video solutions. Utility has employees based in all US time zones. Utility has no plans to use subcontractors for this City of Milton project. Many vendors outsource engineering, software development and support, and/or manufacturing offshore. By contrast, Utility’s control of the design, development, manufacturing and customer support experience through our in-house team of professionals allows us to provide a secure, reliable solution, and eliminate an 8,000 mile supply chain, while rapidly innovating and responding to our customer’s needs. Utility solutions are CJIS compliant, and Utility maintains state-of-the-art security. Utility’s notable customers include: City of Alpharetta GA Police Department DeKalb County GA Police Department Fulton County GA Police Department Clayton County GA Police Department Marietta GA Police Department Lilburn GA Police Department Decatur GA Police Department Colorado Springs CO Police Department Jefferson County CO Police Department Arlington TX Police Department West Lafayette IN Police Department Lawrence IN Police Department Hobbs NM Police Department Benton AR Police Department Port Arthur TX Police Department Biloxi MS Police Department Gulfport MS Police Department Boca Raton FL Police Department Walton County FL Sheriff’s Office San Bernardino County CA Sheriff’s Office Henderson NV Police Department Nampa ID Police Department Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 92 City of Lawrence (IN) Police Department City of Benton (AR) Police Department As a video firm, we provide the City of Milton with two examples of successful recent BodyWornTM and RocketIoTTM projects, at the following video links: Utility supports agencies ranging in size from small units with 25 cameras to large, multi- precincts with over 600 cameras. Utility has extensive experience serving state, county, and municipal law enforcement agencies, with body worn digital camera systems, in- vehicle video cameras, and video management systems. Our systems preserve the reputations of law enforcement departments and their officers, discourage frivolous litigation, support prosecution, and promote officer safety. The Utility RocketIoTTM and BodyWornTM video recording software is the proven result of 10+ years of development and deployment in thousands of in-car video recording systems around the US. The software was originally developed between 2004 and 2008, developed and sold as video recording hardware and software for police and public transit in-car video recording systems. Approximately $70M of venture capital went into the legacy firm, with another $20M of venture debt. A significant portion of this capital funded the development of the mobile chain-of-custody Linux-based video recording software that was ported by Utility to run on Android mobile computing devices. Utility acquired the successor company in January 2013. Utility added further audit trail and functional capabilities to the company’s video recording software. The Lawrence IN Police Department was recognized in 2017 for its body camera efforts at the Amazon Web Services (AWS) Summit ‘City in a Cloud Challenge’, as a ‘Best Practices’ winner in the Small department category. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 93 Utility owns key US Patents for video recording systems, including: § 6,831,556 – Composite Mobile Digital Information System § 7,768,548 – Mobile Digital Video Recording System § 8,781,475 – System for Switching between Cellular Networks § 9,246,898 – Method for Securely Distributing Legal Evidence § 9,282,495 – Method and Device for Switching between Cellular Networks Factors that distinguish Utility’s experience from our competitors: • Proven solutions driven by the needs of our customers. Our technology is designed to protect the reputations of law enforcement departments and their officers, discourage frivolous litigation, support prosecution, and promote officer safety while maintaining an easy to use, intuitive user application. • Utility’s BodyWornTM is the only body camera available where Gunshot activates a recording. • Utility’s BodyWornTM and RocketIoTTM are the only body and in-car camera system that automates the recording and redaction process, to promote Transparency, Simplicity, and Officer Safety. • Design engineering in-house, with many years of experience in developing and delivering industry-standard digital multi-media evidence products of highest quality and interoperability, as well as deep experience in network design for video flow and storage at public safety departments. • Expert knowledgeable in recent implemented CJIS requirements for agencies. Utility solutions are Country of Origin USA, manufactured in the USA. • Utility is committed to supporting the county through the Buy American Act and the American Recovery and Reinvestment Act. All Utility solutions are BAA and ARRA Compliant. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 94 Utility Associates, Inc. References Project Owner/Organization Name: City of Marietta (GA) Project Address: 240 Lemon St., Marietta, GA 30060 Name and Title Principal Contact: Ronald Barrett, Director of MIS Principal Contact Phone: 770.794.5287 Principal Contact Email: rbarrett@mariettaga.gov Company Website URL: https://www.mariettaga.gov/ Brief Description of the Project Scope of this Contract: Deployment of 142 units BodyWornTM camera system, with Installation of RocketIoTTM in-car router/DVR units. Also Deployment of 70 units in-car camera system in Police Department, with additional 25 in Fire Department. Installation of 200 integrated ruggedized vehicle-mount mobile router Rockets with WiFi Hot Spot, GPS to CAD, High Speed Offload of Video Data. Project Owner/Organization Name: Benton (AR) Police Department Project Address: 114 S. East Street, Suite 100, Benton, AR 72015 Name and Title Principal Contact: Chief Scotty Hodges Principal Contact Phone: 501.776.5918 Principal Contact Email: poposarge@aol.com Company Website URL: https://bentonpolice.org/ Brief Description of the Project Scope of this Contract: Deployment of 89 units BodyWornTM cameras system for officers in 2017; Installation of 50 RocketIoTTM in-car router/DVR units. Project Owner/Organization Name: Lawrence (IN) Police Department Project Address: 901 E. 59th St., Lawrence, IN 46216 Name and Title Principal Contact: Mark Osborn, Investigation Commander Principal Contact Phone: 317.457.1577 Principal Contact Email: mosborn@cityoflawrence.org Company Website URL: http://www.cityoflawrence.org/police Brief Description of the Project Scope of this Contract: Deployment of 44 units BodyWornTM camera system, with Installation of 40 RocketIoTTM in-car router/DVR units. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 95 Utility Associates, Inc. References (continued) Project Owner/Organization Name: West Lafayette (IN) Police Department Project Address: 711 W Navajo Street, West Lafayette, IN 47906 Name and Title Principal Contact: Chief Jason Dombkowski Principal Contact Phone: 765.775.5239 Principal Contact Email: kjdombkowski@wl.in.gov Company Website URL: https://www.westlafayette.in.gov/department/index.php?structureid=17 Brief Description of the Project Scope of this Contract: Deployment of 51 units BodyWornTM camera system, with Installation of 29 RocketIoTTM in-car router/DVR units. Project Owner/Organization Name: South Bend (IN) Police Department Project Address: 701 W. Sample Street, South Bend IN 46601 Name and Title Principal Contact: Sergeant Chad Goben Principal Contact Phone: 574.235.9201 Principal Contact Email: cgoben@southbendin.gov Company Website URL: https://police.southbendin.gov/ Brief Description of the Project Scope of this Contract: Deployment of 170 units BodyWornTM cameras system, with Deployment of 170 RocketIoTTM in-car router/DVR units with WiFi Hot Spot, GPS to CAD, High Speed Offload Video Data. Project Owner/Organization Name: Port Arthur (TX) Police Department Project Address: 645 4th Street, Port Arthur, TX 77640 Name and Title Principal Contact: Major Mike Fratus, Deputy Chief, Division Commander (Project Manager) Principal Contact Phone: 409.983.8600 Principal Contact Email: mfratus@portauthurpd.com Company Website URL: http://www.portarthurpd.com/ Brief Description of the Project Scope of this Contract: Deployment of 133 units BodyWorn cameras system for officers in 2016; Deployment of 82 RocketIoT in-car video/wireless routers. Also 3 ruggedized vehicle-mount mobile router Rockets with WiFi Hot Spot, GPS to CAD, High Speed Offload of Video Data in 2015 with WiFi Hot Spot, GPS to CAD, High Speed Offload of Video Data Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 96 Utility Associates, Inc. References (continued) Project Owner/Organization Name: DeKalb County (GA) Police Department Project Address: 1960 W Exchange Pl., Tucker, GA 30084 Name and Title Principal Contact: Lt. M.C. Harden Principal Contact Phone: 404.840.8236 Principal Contact Email:mcharden@dekalbcountyga.gov Company Website URL: https://www.dekalbcountyga.gov/police-services/welcome Brief Description of the Project Scope of this Contract: Deployment of 600 units BodyWornTM camera system. Installation of 220 RocketIoTTM in-vehicle router/DVR units. Also integrated deployment of 140 ruggedized vehicle-mount mobile router RocketsTM with WiFi Hot Spot, GPS to CAD, High Speed Offload of Video Data. ______________________________________________________________________ Project Owner/Organization Name: Arlington (TX) Police Department Project Address: 620 West Division Street, Arlington, TX 76011 Name and Title Principal Contact: Brett Dove, Research & Development Manager Principal Contact Phone: 817.459.5617 Principal Contact Email: brett.dove@arlingtontx.gov Company Website URL: http://www.arlington-tx.gov/police/ Brief Description of the Project Scope of this Contract: Deployment of 617 BodyWornTM cameras system. Installation of 103 RocketIoTTM mobile communications systems with WiFi Hot Spot, GPS to CAD, High Speed Offload Video Data. Project Owner/Organization Name: Colorado Springs (CO) Police Department Project Address: 705 S Nevada Ave., Colorado Springs, CO 80903 Name and Title Principal Contact: Commander James (Pat) Rigdon Principal Contact Phone: 719.444.7759 Principal Contact Email: rigdonja@ci.colospgs.co.us Company Website URL: https://cspd.coloradosprings.gov/ Brief Description of the Project Scope of this Contract: Deployment of 500 units BodyWornTM camera system. Installation of 270 RocketIoTTM in-vehicle router/DVR units. (El Paso County, CO, has also selected Utility, in a coordinated deployment.) Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 97 Amazon Web Services Names Utility as 2016 and 2018 Innovation Challenge Award Winner Utility, Inc. has been recognized by Amazon as a winner of the 2016 and 2018 Amazon Web Services (AWS) City on a Cloud Innovation Challenge. Utility’s innovative use of Amazon cloud storage for its police body camera, in-vehicle recording and video redaction solutions were judged on uniqueness, number of users and the availability to governments in various regions that differ in size and scope. The award was presented at the Amazon AWS Public Sector Summit in Washington, D.C. Robert McKeeman, Vice President of Business Development, of Utility said “Being named as a winner by Amazon Web Services for our innovative solutions to solve a government challenge solidifies our work to meet our mission to make police officers’ jobs safer, while protecting Privacy for Police Officers and Citizens, and enabling Police Accountability and Transparency. Through our partnership with Amazon Web Services, we provide our customers with a very reliable and cost- effective video management and redaction solution.” “I was honored to accept the award on behalf of Utility. However, the award was earned by our entire team who design, develop, sell, support, install, manage, and provide administration for our BodyWorn™, RocketIoT™, in- vehicle recording and Smart Redaction™ solutions.” Utility’s BodyWorn™ is a smart, policy- based, body-worn camera solution that allows police departments to set video recording policies with confidence the policies will be followed reliably and consistently. Officer Down Emergency reporting and BOLO alerts protect officer safety. Video is immediately and securely uploaded to the Amazon AWS Cloud automatically as it is being recorded. The Amazon-hosted AVaiLWeb™ Evidence Management System allows users to categorize, search, and view video evidence, report officer and vehicle locations, and automatically redact video evidence, all through a web browser. The AWS Cloud Storage is widely recognized as one of the largest and most sophisticated in the world, with ten times the video storage capacity of the next ten largest cloud storage providers combined. Video captured on Utility’s BodyWorn™ camera is encrypted on the camera, in transit to, and in the AWS Cloud with AES-256 encryption, thus protecting the security and Chain of Custody of legal evidence at all levels in the Evidence Ecosystem. Utility’s customers can choose to access to Amazon AWS-based e-discovery, e-citation, secure image management, mobile forensics, crime forecasting, major risk event management, public records management, backup, archival and disaster recovery tools on the Amazon AWS Cloud. Utility was granted the award in the Partners in Innovation category, which goes to a technology partner that has deployed an innovative solution to solve a government challenge. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 98 Section 4: Implementation Approach to Services Project Team, Implementation Methodology, Project Work Plan and Schedule, Training, including Ongoing Support and Customer Service Project Team, and Relevant Experience of Key Staff All operations and management staff are located at Utility’s Headquarters in Decatur, Georgia in Metropolitan Atlanta. Due to our nearby location here in Georgia relative to the City of Milton, we expect to be able to deliver an extraordinarily high degree of customer service to the Milton Police Department. Customer Success Team A successful and seamless implementation is vital for Utility to build lasting customer partnerships. The City of Milton relationship will be managed by the Customer Success Team, and led by Business Manager John Dowd. John Dowd and Chief Operations Officer, Anthony Baldoni will guide the focus of other key personnel to ensure that your needs will be our team’s top priority. As a member of the executive team, Anthony Baldoni, will have direct contact and interaction on this project to ensure the system is meeting expectations. Customer Operations and Project Management Teams System implementation will be led by the assigned Customer Operations Team, which will be solely dedicated, from start to finish, to the success of the project deployment for the City of Milton. We propose Regis Lance as our designated Project Manager for the City. A resume for Regis Lance is provided below. A military veteran, Regis Lance has ten years’ experience in project and program management, analysis and information security. He will be responsible for adhering to scheduling deadlines and overall management of the project, with experience on recent projects similar to the City’s project. His background demonstrates his ability to keenly manage and solve applied technology problems. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 99 The Implementation Team is responsible for the initial configuration and project setup. The team leader is a Certified NetWare Engineer 5.x, 4.x, 3.x and a Microsoft Certified Systems Engineering with more than 23 years of experience. This team will initially work with the your technology staff to ensure proper configuration and then will direct the training sessions with officers and support staff. Training for the City will be led by Reece Rios Starks. He has formal classroom instructor training and relevant experience with the software and hardware, a thorough knowledge of the material covered in the courses, and mastery of the training manuals, system documentation tools, and training aids. Reece is highly competent, and able to work independently of outside support to accomplish the City’s goals and objectives. The Customer Operations Team, Implementation Team, and Customer Success Team will work with appointed staff from City in an integrated, streamlined process for a seamless and efficient delivery of services. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 100 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 101 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 102 Section 4: Implementation Approach to Services Methodology, Project Plan, Roles and Responsibilities, Schedule, Training, Ongoing Support and Customer Service Methodology to Implementation At Utility, our operations team is organized by both customer account and by operational specialty. During the planning phase, the City of Milton’s deployment will be overseen by and regularly supported by three levels of management: •Utility project manager (PM), •Utility’s director of operations (DOO), and •Utility’s chief operations officer (COO). Typically, your deployment will be supported by an additional level of management comprised of a lead site engineer and a Utility trainer. Your Utility assigned PM is the Milton Police Department’s (MPD) overall and primary point of contact throughout the deployment. In support of your assigned PM, is a team of staff who provide a variety of operational specialties/deployment functions. The following are examples of how Utility organizes its staff by operational specialty: o If a video download ‘Smart Waypoint’ access point installation is required for your agency, Utility will send a senior Field Engineer to execute a site visit of the desired video download access point. While on-site, the senior Field Engineer will validate your access point site’s suitability as it relates to considerations such as: •power requirements, •physical accessibility, •ability to access the department’s network, •proximity to the officers from which it will be downloading video. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 103 o If computer aided dispatch (CAD) integration is required for the City, then your PM will coordinate for a CAD requirements meeting with our data integration engineer who will walk through our integration checklist with your CAD system manager. o Utility provides both on-line training (for network validation and agency administrator training) and on-site (administrator/ officer) training. Your PM will facilitate initial coordination and scheduling for both blocks of training while your assigned trainer will work closely with your operations and training departments to create a unique program of instruction to meet your department’s needs. Project Management Plan, Deployment, and Communications Plan The following narrative outlines Utility’s Project Management, Deployment, and Communications Plan(s). Once the purchase order is received, a project charter document will be prepared, which will define scope of work and responsibilities. The “Who, What, Where, When, How, and Why” of the contracted scope of work will be identified. The exact installation/ deployment schedule will be determined during Phase 1: Finalize Project Charter. Typically, BodyWornTM implementation will consist of five (5) phases: 1.Finalize project charter based upon project purchase order 2.Approved departmental procedural policy is implemented and in-place 3.Deployment and training location set up and trainer scheduling 4.Mobile device and uniform carrier distribution in conjunction with training 5.Software training for admin staff and procedural acceptance of officers Typically, RocketIoTTM in-car video installation project will include six (6) phases: 1.Finalize Project Charter based upon Project Purchase Order 2.Installation Location Setup and Install Crew Scheduling and Training 3.Test Installation 4.Test Installation Validation and Acceptance Testing 5.Fleet installation 6.Installation Location close-out Utility’s implementation is a step-by-step process from Project Kick-off to the Final Hand-Off, including Implementation, Training of all categories of relevant City and MPD Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 104 staff, Trouble Shooting and Support Escalation, Device Training, and AVaiLWebTM training. The process is engineered and managed to track delivery, control costs and maintain performance over the term of the implementation. Step 1: Sales Handoff to Operations o Internal kickoff meeting conducted in a standardized checklist agenda format by the Utility’s Deployment/ Installation PM (Regis Lance) who has been assigned deployment responsibility for the City of Milton project. Step 2: Kickoff Call with Customer o External kickoff between Utility PM, and the City’s deployment project manager as per the functions as listed here: §Project Manager §IT lead for in-car systems §IT lead for network architecture §Uniform manager §Fleet manager §Training manager Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 105 o The following meetings/activities are also scheduled during the Kickoff Call with the City: §Site visit and site visit review, §Uniform/ carrier measurements and ordering, and §CAD integration coordination. Step 3: Uniform Deployment /Modification (as needed) Sub-steps 1-6: o Upon completion of the Kickoff Call with the City, a workflow of four major milestones for uniform integration is initiated. These six milestones are executed in parallel to the remainder of the Utility workflow: §Uniform measurements will be/have been taken §Uniforms are will be/have been ordered §Uniforms will be/have been shipped to the modifying agent §Uniforms have been received by the modifying agent §Modified uniforms have been shipped to the customer §Modified uniforms have been received by the customer Step 4: Training On-line and On-site o The Utility trainer assigned to the City will work with your operations and training staff to construct a training plan that meets your department’s needs. o On-line training is typically conducted in a webinar format. o On-site training is typically conducted during the first week of installations at the customer’s site and in a classroom setting. Step 5: Site Visit (as described above). Step 6: Site Visit Review. o This is a follow up conference call between the Utility senior field engineer and the customer regarding the site visit findings. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 106 Step 7: Status Meeting(s) o These are the final status meetings confirming the shipment of hardware to the customer’s location, installation schedule for in-car solutions, and training schedule for all uniformed officers. o We will conduct this meeting as many times as necessary to ensure that all responsibilities (that of Utility and the City) are in synch and reconciled before commencing with the deployment of hardware, engineers, and/or trainers. Step 8: Configuration and Ship Date o This is the date all hardware and software systems undergo final configuration and shipped to the customer’s location. Step 9: Installation (and/or Delivery) o This is the date Utility field engineers begin installing hardware on vehicles that require in-car systems. o On-site training for administrators and officers typically occurs during the first week of installations o Video download access points, also known as Smart Waypoints, are typically installed the first week of installations. Step 10: Customer Sustainment Operations The above outline describes Utility’s Project Management and Deployment Plans for all RocketIoTTM in-car installations and BodyWornTM system deployment. The Communications Plan captures both meetings held between the Utility operations team and the City’s deployment team, as well as all of the decentralized communications held between Utility and the MPD throughout the planning and execution of the deployment. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 107 To summarize, these include: o Step 1: Kickoff Call with Customer o Step 2: CAD integration coordination as required o Step 3: Various uniform coordination with your uniform and quartermaster managers o Step 4: Various training interactions with your operations and training staff in planning for the on-line and on-site training events o Step 5 & 6: Site Visit and the Site Visit Review which is conducted at your department and in person o Step 7: The various Pre-Deployment Status Meetings required to finalize all installation and training dates before installations are executed. Managing Risk Through Deployment Workflow Utility’s implementation process is comprehensive and accommodate measures to manage project risk to ensure success, whatever the devices, or extent of the desired purchased systems. In fact, MPD can benefit from the lessons learned by Utility over hundreds of installations. Utility has learned that by defining a joint project workflow to manage the implementation process mitigates many risks. This Deployment Workflow is a feature of our Project Management process, where we define 3 ‘swim lanes’ (Utility, customer, and joint), and show (for each stakeholder) where the deployment process transitions across each stakeholder's lane of responsibility and where stakeholder interdependencies exist as throughout the deployment. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 108 The Deployment Workflow is initially introduced to the client at an early stage (in Phase 1: Project Charter) and progress reviewed at each interaction and milestone throughout the lifecycle of the deployment. By publishing the Deployment Workflow, Utility and the MPD can improve communication, manage expectations, and eliminate unnecessary implementation risks in order to dramatically improve efficiency, cost effectiveness and overall project outcomes. Our next step is helping to develop or refine MPD’s video recording policy. Elements of the policy can include when to record, when exceptions are allowed, and retention length for different types of incidents and defining groups. Next, the Utility Team schedules and performs a networking discovery site visit to inspect the network and do a sample configuration for MPD and the City’s VPN and Firewall, if needed. The Team schedules and performs another visit on-site to install the cameras, while concurrently holding training sessions in a ‘Train the Trainer’ format. Benefits of this format include ensuring that your trainers will be fully able to retrain your officers in the future if the need arises. The Team schedules adequate time on-site to work through any issues that arise. In our experience, common issues can revolve around integrating with systems already in place. Anticipating such issues illustrate why the networking discovery trip is so important, and why the Team’s lead field engineer is on-site for the roll out and training. Quality Control Plan Utility maintains and manages a Quality Control Plan to manage the flow of the Project Plan and Deliverables to ensure the efficiency and effectiveness of hardware and software video management and storage. Key to tracking delivery, control costs and maintain performance over the term of the implementation is careful planning. Project execution, design of a detailed Project Plan in partnership with City, and our joint experience and knowledge are key to success. Quality Control planning enables the Team to establish and successfully achieve Milestones, to manage Critical Success Factors, to manage and complete Deliverables, and to constantly communicate any assumptions that could affect a successful result. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 109 Milestones for BodyWornTM Deployment •Contract Purchase Order Received •Project Charter with Implementation Schedule published •BodyWornTM deployment location Set-up Complete •BodyWornTM Team Training completed •Properly measured and fitted Device Carriers are received •Test BodyWornTM Deployment Completed and Tested •Implementation Kickoff •Final BodyWornTM Deployment Completed •Implementation Location Closeout Completed Critical Success Factors for BodyWornTM Deployment •Project Charter Published •Implementation Procedures and Checklist are practical •Implementation Team has appropriate installation skills •Implementation Team is trained in approved Installation Procedures •BodyWornTM Deployment Team is prepared with approved Devices/ Carriers •BodyWornTM Deployment locations are suitable rooms for group training •BodyWornTM units are delivered to the Deployment Location(s) on schedule •Implementation and Acceptance Test Procedures are followed Assumptions for BodyWornTM Deployment •Suitable rooms for group training/ distribution of BodyWornTM units provided •Vendors and any subcontractor staff have the requisite skills and training to properly install modems and deploy BodyWornTM devices within the budgeted installation time. Milestones for RocketIoTTM In-Car Video Installation •Contract Purchase Order received •Project Charter with Implementation Schedule published •Properly configured and activated SIM cards are received Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 110 •RocketIoTTM Installation location determined •Installation Team Training completed, if required •Test Installation Completed and signed off on •Implementation Kickoff •Weekly Installation Status Reports published •Final Vehicle Install completed •Implementation Location Closeout completed Critical Success Factors for RocketIoTTM In-Car Video Installation •Project Charter published •SIM cards are delivered on schedule, are activated, and have been properly provisioned by the cellular carrier •Installation Procedures and Checklist are provided •Installation Team has appropriate installation skills •Installation Team is trained in approved Installation Procedures •Installation locations are covered with adequate heat and power •Vehicles are delivered to the Installation Location(s) on schedule •Installation and Acceptance Test Procedures are followed Assumptions for RocketIoTTM In-Car Video Installation •MPD provides adequate covered Installation location(s) so that installation work can be completed during inclement weather within the allotted time •SIM cards delivered on schedule, activated, properly provisioned by carrier. •Vehicles are delivered to the designated installation location(s) according to the delivery schedule. •Vehicles are reasonably clean and installation crews have access to vehicle areas necessary to install antennas and Rocket Lockers. Assumptions for Installation Location for RocketIoTTM In-car •MPD will provide a service area as installation location Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 111 Project Timeline An illustrative schedule and a ‘Work Breakdown Structure’ for the City’s proposed RocketIoTTM in-car cameras installation, and BodyWornTM camera deployment is provided below. This illustrative schedule is flexible, and can match the City’s preferred timeline as needed. The illustrative schedule assumes Notice to Proceed in late November 2018. In late November/early December 2018, Utility will begin planning with the City, and schedule delivery of the proposed order of 30 RocketIoTTM in-car and 30 BodyWornTM devices. Device deployment, training, and in-car hardware installations will begin in January 2019. Planning, deployment, training, and installation, would be complete in 60 days. The schedule is illustrated below, and enlarged on the next page. BodyWornTM can have a flexible rollout and deployment, depending upon the City’s logistics, budget and funding imperatives. (For instance, the BodyWornTM technology is designed for successful accelerated deployment of 250 devices per month, if desired by customers). Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 112 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 113 The installation schedule of RocketIoTTM in-car video camera units is dependent upon the availability of the service area for install, and availability of MPD vehicles for install. The actual rate of installation (completion of configuration, integration, testing, and final system acceptance) is based upon training and MPD implementation schedules. This includes technical support and assistance devices, networking equipment, video uploading, charging, connectivity, system software and upgrades, and video retrieval software and procedures. Please see the Project Plan Outline in this section for details. The BodyWornTM deployment schedule is dependent upon the City’s recording policy being in-place, availability of officers, and defined, designated locations for training and implementation. It is also dependent upon whether the department chooses Utility to perform scheduling of officer fitting/ measurement and ordering of BodyWornTM carrier system, or the City chooses an existing approved uniform vendor to provide this function. Utility will work with an approved departmental uniform vendor to ensure the necessary modifications that are required, if any, comply with City of Milton procurement. It is important to note that Utility has established relationships with most major uniform manufacturers, like Blauer, Elbeco, and Flying Cross, and Galls, that support the BodyWornTM integrated solution. Configuration Management During the initial deployment, the Utility implementation team works with the City’s IT staff to set up the initial configurations of the AVaiLWebTM video management system platform, BodyWornTM, and the RocketIoTTM in-car video system, which are assigned by the City’s system administrators through AVaiLWebTM. Thereafter, BodyWornTM and RocketIoTTM automatically download any new configuration updates upon start-up, and every five (5) hours starting at GMT midnight. This process occurs behind-the-scenes, without the need for user interaction by officers or IT personnel of the City. As such, there is minimal configuration management needed after the initial configurations have been assigned. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 114 Training Plan Utility will provide a Training Leader, as well as a technical Field Engineer and the appropriate number of trainers to train your internal training staff. They will both distribute hardware and give in-depth, face-to-face training classes on using the hardware and software. A list of typical coursework and a brief description of all course content and documentation for Training is provided at the end of this Section. Overview Programming of each new device is done before shipment at our production facility and then verified and configured after arriving at your site. The BodyWornTM and RocketIoTTM systems can be rolled out quickly and have a very small learning curve to get the average user up and running. Utility will engage the Milton Police Department project manager as early as possible to ensure that the department has the necessary information to schedule adequate resources. We will provide a scope document and a proposed schedule at the conclusion of the initial kick off meeting. (Please refer to the description of Utility’s project management Deployment Workflow Tool earlier in this section). We use a train-the-trainer model that allows us to spend time with your in-house training team to make sure that they are comfortable with the details of our system, and able to pass along that information to the line officers at both the original training and then for re- training classes, when necessary. We usually limit the size of these classes to 20 students so that our training team can spend the appropriate amount of time with each person. Classes will be held at different times based on department needs, and night and weekend classes are to be expected. We usually ask that participants dedicate 4 hours for their training sessions with breaks built-in. This will cover administrators and trainers who will pass along the information learned to staff. Technical support staff will receive their own training session in conjunction with our trainers and field engineers. The IT training sessions will last around 2 hours and will cover troubleshooting, back end system Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 115 navigation and redaction. We will also offer training for reporting and reviewing activity logs and for producing scheduled reports. Advanced technical support and video management training will be provided in a classroom environment. Utility can adapt to most seating and room requirements in a typical classroom space within a standard facility. Utility provides equipment necessary to conduct training, including a computer, WiFi hotspot, and all other materials. We propose a hands-on approach to training to ensure all respective individuals have complete understanding and are comfortable with using and training on the system. Roles and Permission-based Management The AVaiLWebTM video management system is role and permission based, and it is recommended that the trainee attend the correctly assigned training per role. Overlap may occur for higher-level roles. Each role described below is simply a default. These roles can be adjusted for the department's specific needs. The training time estimates are based off of a class size of 15 officers. If larger classes are needed, the Train-the-Trainer participants will assist the Utility on-site trainer. The descriptions provided below are general and can be adjusted based off of department need. The times allocated for training are exaggerated to compensate for extenuating circumstances. Train the Trainer (6 hours) The role of these individuals will be based on a three-part series of trainings designed to introduce the trainees to BodyWornTM, RocketIoTTM and the AVaiLWebTM Evidence Management System. Our aim is to aid the department in becoming self-sufficient in their future training sessions by building out a team of internal Trainers. Inside of AVaiLWebTM, they will have the permissions of an Admin or Supervisor. All software and hardware capabilities specified for implementation by the department will be focused on during this training. Officer (3 hours) Inside of AVaiLWebTM, the Officer role will have access to Live and Media tabs. Other privileges being able to add notes, classifications, and view their own videos. For training their main focus will be the following; recording evidence, managing their evidence. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 116 Evidence (1.5 hours) Inside of AVaiLWebTM, the Evidence Custodian role will be able to search all media. They typically will be responsible for exporting, and redacting media. These actions will be dependent on department need. Investigator (2.5 hours) Inside of AVaiLWebTM, Investigators will have limited access to live view; here they will solely be able to create Geofences and Action Zones. As it relates to media, they will be able to search their own, and selected types. They will however be unable to restrict media, seal media, or override BodyWornTM upload policy. IT Admin (2 hours) Inside of AVaiLWebTM, the IT Admin will have no access to Live or Media tabs. Their main tasks will be to manage configuration/system settings, and running requested reports based on department need. Police Admin (3 hours) Inside of AVaiLWebTM, Police Admin will have access to everything under their designated group, but will be prohibited from editing configurations, or system settings. System Admin (2 hours) Inside of AVaiLWebTM, the System Admin will have access to all tabs. The individuals selected for this role typically are project leads, and they will need to assist with any future troubleshooting. This role is also reserved for the highest-ranking officer. Dispatch (1 hour) Inside of AVaiLWebTM, Dispatchers will have access solely to the Live tab, here they will be able to view officer real-time locations, send messages to BodyWornTM (BOLO, Silver, Amber Alerts) and monitor Geo-fences/Action Zones. Supervisor (1.5 hours) Inside of AVaiLWebTM, Command Staff will have access to all tabs, however inside of the Admin tab, they will only have access to “Role Management” Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 117 Command Staff (1.5 hours) Inside of AVaiLWebTM, Command Staff will have access to all tabs, however inside of the Admin tab, they will only have access to “Role Management” In-Car Camera System Training (30 min) Any officer who has an in-car system installed will also be trained on the Web Interface or Tablet of the in-car camera system with connection to the RocketIoTTM. This is in addition to the officer training. Template for Training This course is designed to prepare officers in the proper use of Utility’s BodyWornTM , RocketIoTTM, and the AVaiLWebTM Evidence Management System. During the course of instruction, officers will receive hands on training using these products and will complete several tasks showing sufficient proficiency on all topics discussed. A follow-up training can occur remotely when/if needed. Training is on-site, in-person, and online and interactive. Course Objective: As a result of this session, participants should be able to perform the following tasks: §Manage BodyWornTM device evidence §Manage AVaiLWebTM media evidence §List all recording prompts and policies Course Delivery Method: Delivery method for this process will be a training PowerPoint. Reference Guides include: §Utility BodyWornTM user guide §Utility BodyWornTM training videos §Utility Topology video §Utility RocketIoTTM user guide Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 118 Needed Materials: Each officer will be required to have a computer with internet access, a department issued email address, and the BodyWornTM device. §Laptop §BodyWornTM Bundle §RocketIoTTM Example Schedule Start End Title EST Time 9:00 9:30 Gathering Activity & Policy Discussion 30 min* 9:30 10:30 BodyWornTM Bundle 1 hr 10:30 11:30 AVaiLTM Web 1 hr 11:30 12:00 RocketIoTTM in-car 30 min* Prerequisites for On-Site Training: 1.The BodyWornTM Devices will need to connect to a Wi-Fi access point designated for training. o This access point cannot require the devices to go to a web browser portal to register, the BodyWornTM device is locked down and cannot access a web browser o If an Access Point cannot be provided, the Utility Trainer will need to be notified 2.Please provide a method to display training materials 3. Please have your IT team update laptops with Google Chrome, and the latest Adobe Flash Player. o Once all training is complete we will need to have a shortcut to AVaiLWebTM placed on the MDC’s. 4. Participants who will be receiving a BodyWorn TM device will need to bring their designated BodyWornTM outer carrier. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 119 Ongoing Support and Customer Service Utility has more than 70 employees, all based in the US, and dedicated to our BodyWornTM and RocketIoTTM in-car video solutions. Utility has employees based in all US time zones. All technology, administrative, and management staff are located at Utility’s Headquarters in Decatur, Georgia in Metropolitan Atlanta. Due to our proximate location relative to the City of Milton here in Georgia, we expect to be able to deliver an extraordinarily high degree of customer service to the City of Milton Police Department. Utility’s Training implementation will include all designated agency Supervisory personnel, Uniformed Line officers and Specialized units. An estimate of four (4) hours training is typical for each end user and supervisor to be involved with the body worn camera system. Utility trains the trainer(s) at the Department. Done during deployment, this establishes the key administrator group and SMEs within the City and Milton Police Department for 95% of the support related requests that will arise through normal operation. Utility provides 24/7, phone based technical support for the 5% of support related technical questions, not serviceable by internal means. Utility provides on-site, within 48 to 72 hours, at no additional cost, technical service required to address support issues that cannot be resolved via phone. When a client raises a support issue with the Utility as the supplier, Utility promises to respond in a timely fashion. Utility provides a 99% uptime/availability commitment. All systems have health monitoring that assures that issues are typically addressed 24/7/365 by Utility personnel before they become an impact to the performance of the service. For support provided to the customer directly, Utility has a tiered response to support that will escalate the level of support depending on the situation. Tier 1 would be on-site support by the City staff after they have been trained by Utility, which will alleviate most day-to- day issues that may pop up. Problems beyond Tier 1 scope will be escalated to Tier 2 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 120 and from there to Tier 3, which is onsite technical support from a Utility field engineer. While most support calls are handled immediately, Tier 2 issues have guaranteed response times as shown below: Item Priority Fatal Severe Medium Minor 1 1 Hour 1 Hour 2 Hours 3 Hours 2 2 Hours 2 Hours 4 Hours 6 Hours 3 4 Hours 4 Hours 8 Hours 16 Hours The severity levels shown in the tables above are defined as follows: •Fatal: Complete degradation – all users and critical functions affected. Item or service completely unavailable. •Severe: Significant degradation – large number of users or critical functions affected. •Medium: Limited degradation – limited number of users or functions affected. Business processes can continue. •Minor: Small degradation – few users or one user affected. Business processes can continue. Utility will always endeavor to resolve problems as swiftly as possible. It recognizes that the City’s body-worn and in-car camera systems are key to daily functions and must be functional in the field. However, Utility is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary. In all cases, Utility will make its best efforts to resolve problems as quickly as possible. It will also provide frequent progress reports to the City. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 121 Data Security Utility Data Security Documentation - bit.ly/Utility-Data-Security This Utility Data Security Documentation is a summary overview of the security, performance, reliability, and scalability for Utility hardware, software as a service, and hosting environment. Utility uses a combined hardware and software defense-in-depth architecture to protect the confidentiality, integrity, and availability of customer information. The security and performance architecture adapts automatically to changes in technology, internal and external threats to networks and applications, and to client operations. Third party security risk evaluations are performed to assure the effectiveness of our procedures, methodology, equipment, facilities, and personnel. Amazon Web Services (AWS) Utility purchases services from Amazon Web Services to provide backend processing and storage for its software packages. The following documentation explains Amazon’s security standards, obligations, and assurances provided for the safety, security, and accessibility of all client data. AWS Service Organization Controls 3 Report - bit.ly/AWSControls The AWS Service Organization Controls 3 Report provides an overview of how Amazon maintains operation of technology, people, data, and infrastructure supporting its AWS services. AWS Overview of Security Processes - bit.ly/AWS-SecurityReport The AWS Overview of Security Processes describes the systems put in place to assure that Amazon is able to meet the high service and security standards that its clients demand. This includes an in-depth review of how Amazon maintains both physical and electronic security over its cloud services. CJIS Compliance on AWS - bit.ly/Utility-is-CJIS-Compliant The CJIS Compliance on AWS document provides Amazon’s perspective on and approach to being fully compliant with Criminal Justice Information Standards (CJIS). These standards are set nationally by the Federal Bureau of Investigation (FBI) for information storage, usage, and sharing within law enforcement. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 122 BodyWornTM Cloud Solution Meets and Exceeds Standards for CJIS Compliance The BodyWornTM with Avail WebTM is a Cloud-based video solution that meets and exceed standards for CJIS Compliance, and offers the flexibility to enable law enforcement customers to build a wide range of applications. The solution delivers a scalable video management and storage platform with high availability and dependability. Cloud-based solutions outperform the alternate-- on-premise storage -- and protect the confidentiality, integrity, and availability of criminal justice information and data. Cloud-based solutions are fundamental to credibility, by projecting transparency, and preserving your Community’s trust. Security – Cloud-based storage is unparalleled security and redundancy. Rest assured that your video data in the Cloud is much more secure than what lives on a tower or in your server room. Those with the most to protect – from leading defense agencies to global companies - have chosen Cloud-based storage. There is a long and successful track record of law enforcement customers using the Cloud for a wide range of sensitive federal and state government workloads, including CJIS data. Reliability – Cloud-based storage is unparalleled reliability. A Cloud-based provider platform virtually eliminates risk of downtime. Amazon S3, for example, is designed to provide 99.999999999% durability and 99.99% availability over a given year, redundantly stored on multiple devices across multiple facilities in geographically separate locations. It is an illusion to think criminal justice information is more reliable in a Department’s on-premises local storage facility. One incident with rebuilding ‘on-prem’ crashed servers - and its unbudgeted cost - is all it takes to prove it. You don’t want to be that case study. Resiliency – No law enforcement agency can ignore resiliency threats. Yet few have the resources alone to deliver security when your Community itself is in harm’s way. Cloud providers’ resiliency programs identify, respond to, and recover from a major incident, with contingency management, business continuity, and disaster recovery plans. Cloud-based providers identify critical system components required to maintain the availability of the system, and recover services in the event of an outage from physically separate locations, maintain authoritative backups, employ continuous infrastructure capacity planning, and monitor to ensure successful replication. Cloud-based resiliency means you can keep your promises “To Serve” when most needed in your Community. Flexibility – Scale up and down to meet your current needs. In business, this flexibility is key. In government, new expenditures are tough to defend and pay for. With Cloud-based solutions, you no longer have to build for the future, or be constrained by decisions made or contracts signed in the past. You can adjust your video storage expenditures to meet your agency’s immediate needs. Budget – Without the Cloud, agencies spend a lot of the IT budget to manage software and police video storage. That takes funding off the streets, and requires hiring that is difficult to defend and pay for. With cloud storage, that’s no longer an issue. Now, you can focus on how the police camera video solution will help you further your law enforcement mission. The video IT piece belongs to somebody else. Cost – Using Cloud technology reduces your storage and maintenance fees. No more servers, software, and update fees. Many of the hidden costs typically associated with video storage, (and with software implementation, customization, hardware, maintenance, and training) are rolled into a transparent subscription fee. No more need to explain any unanticipated cost – you are covered. It’s Mobile – Internet standards and web services allow you to connect services to each other. Today’s cloud-based solutions for law enforcement are managed under secure controls, and in continuous alignment with federal, state and local law enforcement Criminal Justice Information Security (CJIS) policy. This means that you can centralize your law enforcement video and access it from anywhere in the world, on any computer or mobile device, at any time. Your mission-critical video information is fully mobile. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 123 Utility and AWS CJIS Compliance in the Cloud Utility understands how critical data security is, and is fully committed to continually exceeding industry standards for data security including Criminal Justice Information Standards (CJIS). The following documentation provides details on how Utility ensures customer data is secured. Utility Data Security Documentation This Utility Data Security Documentation is a summary overview of the security, performance, reliability, and scalability for Utility hardware, software as a service, and hosting environment. Utility uses a combined hardware and software defense-in-depth architecture to protect the confidentiality, integrity, and availability of customer information. The security and performance architecture adapts automatically to changes in technology, all threats to networks and applications, and to client operations. Third party security risk evaluations are performed to assure the effectiveness of our procedures, methodology, equipment, facilities, and personnel. Full Document: bit.ly/Utility-Data-Security Amazon Web Services (AWS) Utility purchases services from Amazon Web Services to provide backend processing and storage for its software packages. The following documentation explains Amazon’s security standards, obligations, and assurances provided for the safety, security, and accessibility of all client data. CJIS Compliance on AWS The CJIS Compliance on AWS document provides Amazon’s perspective on and approach to being fully compliant with Criminal Justice Information Standards (CJIS). These standards are set nationally by the Federal Bureau of Investigation (FBI) for information storage, usage, and sharing within law enforcement. Full Document: bit.ly/Utility-is-CJIS-Compliant AWS Service Organization Controls 3 Report The AWS Service Organization Controls 3 Report provides an overview of how Amazon maintains operation of technology, people, data, and infrastructure supporting its AWS services. Full Document: bit.ly/AWSControls AWS Overview of Security Processes The AWS Overview of Security Processes describes the systems put in place to assure that Amazon is able to meet the high service and security standards that its clients demand. This includes an in-depth review of how Amazon maintains both physical and electronic security over its cloud services. Full Document: bit.ly/AWS-SecurityReport Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 124 Discussion of Warranties, Terms and Conditions, and Agreements Full details regarding warranties for BodyWornTM solution, and the Rocket IoTTM in-car solution can be accessed in the documents described below. Utility’s Terms and Conditions and the Utility Software as a Service Agreement (SaaS) can be accessed through the links provided. Utility Warranties and Agreements Utility BodyWorn Hardware Warranty - http://bit.ly/BW-Hardware-Warranty The Utility BodyWorn Hardware Warranty describes the warranty provided on Utility’s BodyWorn devices. Under this agreement, Utility guarantees that its devices are free from defects, and agrees to replace any parts or devices that have not been broken under malicious intent or subjected to extreme conditions. Utility Rocket IoT Hardware Warranty - http://bit.ly/RIOT-Hardware-Warranty The Utility Rocket IoT Hardware Warranty describes the warranty provided on Utility’s Rocket IoT manufactured devices. Under this agreement, Utility guarantees that its devices are free from defects, and agrees to replace any parts or devices that have not been broken under malicious intent or subjected to extreme conditions. Utility Terms and Conditions - bit.ly/Utility-Terms-and-Conditions The Utility Terms and Conditions detail the conditions under which Utility conducts sales of its proprietary products. This includes liability limitations, logistics of product transfer, protection of intellectual property, payment information, and the jurisdiction under which legal action may be taken. Utility SaaS Agreement - http://bit.ly/UtilitySaaS The Utility “Software as a Service” Agreement (SaaS Agreement) describes Utility’s service commitment of software provided to The City. The document details the services that will be provided, the environment under which the software will operate, how the software may be upgraded, the uptime of the service, and the hours where support can be reached. Further, the document details permitted usage of the software, restrictions on software usage, the fees that will be assessed, and the terms under which they are due. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 125 BodyWornTM by Utility, Inc. is the smartest body-worn technology in the world. It is a future-proof solution that overcomes significant pitfalls that are found in competing police body-worn cameras. Utility developed this smart device to provide agencies with greater benefits than a manually operated camera. BodyWorn automatically records, based on policies when triggers are activated. Command centers and 911 dispatchers can send live messages to BodyWorn devices and view live streaming during critical moments. The video, audio and metadata automatically and securely uploads to cloud storage, eliminating the inconvenience of physically docking the device. THE SMARTEST BODY-WORN TECHNOLOGY Automatic Policy-Based Recording Initiate Recording from Central Dispatch Hi-Definition Video Integration with the Rocket™ and Rocket IoT™ 4G LTE Internet Connectivity Internal GPS and Accelerometer Functional Fusion of Technology and Garment Emergency Two-Way Communicator Speech Recognition for Hands-Free Operation Secure Automatic Wireless Offload - CJIS Compliant Discrete Alerts for Backup Support Real-Time BOLO, Amber, and Silver Alerts Officer Down Alerts Live Video Streaming Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 126 © Copyright 2016 Utility, Inc. All Rights Reserved. PRODUCT FEATURES & SPECIFICATIONS Body ca MeR a Video •720p HD Video Resolution •30 Frames per Second •Automatic High Dynamic Range •Video Stored in Secure Slice Files •Automatic Wireless Media Offload Process •Automatic Secure Wipe after Upload •Bright LED for Night Recording Interactive •Integrated LCD Monitor •Automatic Officer Assignment and Login with NFC chip •Automatic Integration with In-Car Video Triggers and Metadata •Voice/Touch Point Manual Operation Capable •Covert Mode with Vibrating Notifications •Bluetooth Communications •Chain of Custody Validation for each minute of Automatic Video Offload •Mobile Viewing Screen for Immediate Video Playback •Accelerometer G-force Recording Triggers Connectivity •WiFi Connectivity •Mass Alert Distribution - BOLO, Silver, Amber •Cell Phone Replacement Alternative •Unlimited VoIP WiFi Communications •Cellular Connectivity Capable •Text Message Capable •Voice Command Capable •Audio Notification Capable Other Features •Live Streaming Video Capable •GPS Position Reporting •Time, Date, GPS Location in Metadata File •Integration with Video Mapping Software Environmental •Operating temperature: -10° to 40° C •Capture minimum of 3 hours video (at lowest setting) •Fully Rechargable in just over an hours •No Electromagnetic Interference featuRes: Automatic Policy-Based Triggers Immediate and Secure Evidence Offload Real-Time Alerting Officer Down Alerting Live Video Streaming Securely Mounted in Uniform Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 127 MULTIPLE MOUNTING OPTIONS Available in a Variety of Color Options EXTERNAL VEST CARRIER DUTY SHIRT SAFETY VEST FOUL WEATHER JACKET Merging the BodyWorn™ technology with the officer’s uniform keeps it streamlined and non-threatening. This ensures that the device is beyond the easy reach of criminals and is stable when recording, to provide the optimal audio and video of an incident. EVERYDAY MOUNTING OPTIONS TACTICAL VEST Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 128 BodyWorn User Guide Login using the assigned username and password (same credentials as AVaiL Web) OR login via the NFC chip built into the holster. Displays on/off duty and on/off speech toggle, message icon and media icon. The user can access the Navigation Drawer by clicking the menu in the left-hand corner. Within the Navigation Drawer, the user can check messages, go to Media Capture and Media Library, access Advanced Tools and Sign Out. BODYWORN LOGIN HOMESCREEN NAVIGATION DRAWER ADVANCED TOOLS CONFIGURATION UPDATES ADVANCED TOOLS Advanced Tools allows the user to Configure WiFi, Scan for a Rocket to gain wireless connec- tivity, Register an NFC chip for automatic login, Update Configuration properties and Update BodyWorn Firmware. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 129 MESSAGES Messages can include BOLO alerts, Action Zone updates and more. View multiple attachements by swiping the picture with their finger. BOLO ALERTS View messages by clicking the envelope icon. BOLOs can contain images, text, sent dates and expiration dates. Messages can also be found in the Navigation Drawer. BodyWorn User Guide Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 130 BodyWorn User Guide In Media Capture, the user can take pictures and record video. Recorded media uploads can be viewed in the Media Library. MEDIA CAPTURE Take video or photos manually by clicking the video camera icon. Media Capture can also be found in the Navigation Drawer. Stop a recording by clicking the red square and mute the recording by clicking the microphone. Take a photo by clicking the camera icon and access the Media Library by clicking the cloud icon in the top right corner. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 131 BodyWorn User Guide PHOTO CAPTURE Photo Capture Take a photo or a group of photos by clicking the camera icon. Delete the photo by clicking the trashcan icon or add it to the Re- view Folder by clicking the check mark. Review images by clicking the back arrow. Review multiple photos by swiping left and right. Take more photos by clicking the camera icon and save images for upload by clicking the disk icon. (photos will automatically be placed in the Review Folder after 3 seconds) Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 132 BodyWorn User Guide MEDIA LIBRARY The Media Library can be accessed by the cloud icon in Media Capture Or through the Navigation Drawer. The media upload status is shown in the Media Library. The green cloud icon indicates that the media is completely uploaded. Notes can be added to media by clicking the incident and then the pencil icon in the right hand corner. Notes must be saved before exiting the screen. ADD NOTES Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 133 BodyWorn User Guide The user can classify media by clicking the incident and then the tag icon in the right hand corner. The user can choose the classifications they want to add to the incident by selecting the boxes. CLASSIFICATION Classifications must be saved before exiting the screen. BLUETOOTH ACTIVATION Status Check Stop Recording Volume Up Volume Down Mute/Unmute Recording Start/Stop Recording BodyWorn can be activated through the built-in accelerometer or the connected Bluetooth device. The user can access Car Mode by holding down the Utility Icon on the home screen and swipe towards the steering wheel icon. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 134 A bad situation is no match for good technology. AVaiL WebTM is a secure command and control web service that provides an automatic real-time, map-based view of location and status of all mobile operations, including vehicles, personnel, and assets. AVaiL Web provides Geofence alerts, live tracking, traffic and weather overlays, asset overlays and Street Views. It’s new media interface allows multiple related video and audio feeds to be played simultaneously. AVaiL Web also has live video streaming allowing dispatchers and supervisors to have complete situational awareness. It’s smart. And when you use it, you’ll be smart, too. KNOW WHERE YOUR PEOPLE ARE, INSTANTLY. Scalable to thousands of vehicles GPS reporting and vehicle history GIS/ESRI data overlays Traffic and weather overlays Personal and system geofences Nested geofence polygons Geofence alerts and reports Custom device reports Satellite and street views Live tracking Video tracking and playback Live video streaming Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 135 © Copyright 2014 Utility, Inc. All Rights Reserved.PATENTS: 7,768,548 B2; 6,831,556 B1; 8,781,475 PENDING PATENTS: 13 594047; 13 832517; 61 728598; 61 890570 CONTACT A SALES REPRESENTATIVE TODAY FOR MORE INFO. 404-816-0300 info@utility.com www.utility.com VIDEO TRACKING AND PLAYBACKLIVE VIDEO STREAMING GIS/ESRI DATA OVERLAYSCUSTOM GEOFENCES CUSTOM DEVICE REPORTSHISTORICAL GPS TRACKING Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 136 � SMARTR EDACTI D N ' REDACT THOUSANDS OF PEOPLE IN SECONDS As police departments equip officers with body cameras to record exchanges with the public, there has been a large increase in Public Records Requests for video evidence, such as Freedom if Information Act (FOIA), gathered by these cameras. The process of preparing videos for public dissemination, while maintaining privacy rights of those involved, has up until now been time consuming and expensive. DEPARTMENTS CAN NOW RELIABLY & EFFICIENTLY RELEASE VIDEO FOR PUBLIC RECORDS REQUESTS IN A FRACTION OF THETIME IT WOULDTAKE TO MANUALLY REDACTVIDEO. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 137 @) PROTECTS THE PRIVACY OF VICTIMS, INNOCENT BYSTANDERS, MINORS & UNDERCOVER OFFICERS @) AUTOMATICALLY IDENTIFIES, TRACKS & REDACTS @) INDUSTRY-LEADING REDACTION ACCURACY MEANS LESS TIME REVIEWING REDACTED VIDEO & LOWER COSTS @) WORKS WITH A COPY OF THE VIDEO, LEAVING THE ORIGINAL VIDEO UNTOUCHED, WHILE PROTECTINGTHE LEGAL EVIDENCE CHAIN OF CUSTODY @) WORKS WITH UTILITY'S BODYWORN ™ & ROCKET IOT ™ IN-CAR VIDEO @) INTERACTIVE TOOL WITHIN UTILITY'S AVAIL WEB ™ ENTERPRISE VIDEO EVIDENCE SOFTWARE � SMARTREDACTIDN CONTACT A SALES REPRESENTATIVE TODAY FOR MORE INFO. 404-816-0300 I info@utility.com I www.smartredaction.com PATENTS: 7,768,548 82; 6,831,556 Bl; 8,781,475 PENDING PATENTS: 13 594047; 13 832517; 61 728598; 61 890570 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 138 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 139 PRODUCT FEATURES & SPECIFICATIONS Dimensions: 197mm (l) x 150mm (w) x 43mm (h) Material: Cast Aluminum Power: 9 - 24Vdc / 14W Storage: 120GB Solid State Drive Processor: Intel Dual Core Atom Processor, 1.33GHz Memory: 2GB RAM, 1066 MT/s Connectors: Color Coded, Water Tight, Locking. 1 RED: Power and On-Board Diagnostics .2 DARK BLUE: 4 Ethernet (802.3af PoE 10/100Mb).1 BLUE: 1Gb Ethernet.1 BLACK: Triggers (1 Ignition, 4 Programmable Inputs, 1 Siren, 1 Relay Output).1 Radar Interface (RS-232).1 USB 2.0 (optional) RF Connectors. 2 FME Cellular .2 RSPMA 2.4/5 GHz (WiFi 802.11 g/n/ac MIMO).2 RSPMA 2.4/5 GHz (WiFi 802.11 g/n/ac MIMO).1 SMA GPS Environmental. Temperature Range: -20° to 70° C.IP-67 (submerge 1M for 30min w/ no water ingress) Certifications. FCC.MIL-810G: Shock, Vibration & Temperature Rocket Iot unIt © Copyright 2016 Utility, Inc. All Rights Reserved. In-caR caMeRas Front Camera. 2MP Full HD.30 FPS at 1080p (H.264).0.1 LUX Minimum Illumination for Optimal Low Light Performance.Auto Day / Night mode.3.7mm Lens (Wide Angle).Robust Low Profile Mounting Back Seat (Prisoner). 2MP Full HD.30 FPS at 1080p (H.264).0 LUX Min Illumination.Auto Day / Night mode.Integrated Microphone.2.9mm Lens (Wide Angle).Robust Mounting Design featuRes: 4G LTE Internal Cellular Modem Supports All Major US Carriers, Dual SIM Capability Dual WiFi: Hotspot around the vehicle Access Point for high-speed offload Integrated Crash Sensor Integrated Battery Monitoring & Internal Temperature Sensor (for health monitoring) Optically Isolated Trigger Inputs & 1 Relay Output (5 total, 4.5V to 24V ) Integrated Siren Trigger Interface Integrated On-Board Diagnostics: J1979 (ISO 15675-4), J1939 (The ISO 15675-4 was mandated in 2008 for all US cars: Is CAN interface) Under Voltage Warning / Shutdown Software Adjustable Shutdown Timer Integrated GPS with Antenna Detection Technology (for health monitoring) Remotely manage network configurations: Firewall, IPSec, Port Forwarding, Split networking, black and white list, bandwidth management Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 140 FEATURES & SPECIFICATIONS Frequency & Gain.Cable 1: 694-894 MHz, 3 dBi & 1.7-2.7 GHz, 5 dBi.Cable 2: 2.4 GHz 5 dBi; 4.9-6.0 GHz, 5 dBi.Cable 3: 2.1-2.5 GHz, 5 dBi; 4.4-6.0 GHz, 5 dBi.Cable 4 (GPS): 1575.42 +/- 2 MHz, LNA: 26dB 5 dBi nominal RHCP VSWR: 2:1 max over range Nominal Impedance: 50 ohms Maximum Power: 10 Watts GPS.Noise Figure: 2.0 dB max, 1.7 dB typical.Amplifier Bias: 2.7 to 5 VDC.Current: 20 mA max, 10 mA typical specIfIcatIons © Copyright 2016 Utility, Inc. All Rights Reserved. featuRes: All-in-one Antenna:GPS, Cellular, WiFi Host & WiFi Client Easy to Install Certified for Rocket Installations Permanent or Temporary Options Available Antennas come in Black or White multiband antenna Case: 4.2”D x 3.2”H (107 mm x 81 mm) add ½” (1.3 cm) to height for magbase Case Material: White or Black UV resistant ASA MGW Mounting: Magnet Mount SMW Mounting: Threaded metal stud ¾” dia. x ½”long (19 mm x 13mm) for ¼” (6mm) thick metal; supplied with gasket and nut. Other length studs available Cables. Cable 1: Cellular FME connector 15ft (4.5 meters) .Cables 2 & 3: WiFi RPSMA 15ft (4.5 meters).Cable 4: GPS SMA 15ft (4.5 meters) Environmental. Temperature Range: -40° to +85° C Certifications. Shock & Vibration: IEEE1478, EN 61373, MIL-810G, TIA 329.2-C.Dust/Water Ingress: SMW:IP67, MGW:IPx5 Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 141 PRODUCT FEATURES & SPECIFICATIONS © Copyright 2016 Utility, Inc. All Rights Reserved. FEATURES: High Speed Video/Media Upload Secure Store and Forward Technology x86 64bit Intel Dual Core Atom Processor, 1.33GHz Dual WiFi MIMO AES 256 Encryption YARD SMART WAYPOINT Dimensions: 197mm (l) x 150mm (w) x 43mm (h) Material: Cast Aluminum Power: 9 - 24Vdc / 14W PoE Storage: 1 TB Solid State Drive Connectors: Color Coded, Water Tight, Locking. 1 RED: Power .2 DARK BLUE: 4 Ethernet (802.3af PoE 10/100Mb).1 BLUE: 1Gb Ethernet.1 USB 2.0 (optional) SPECIFICATIONS RF Connectors. 2 RSPMA 2.4 GHz (WiFi 802.11 b/g/n MIMO).2 RSPMA 5 GHz (WiFi 802.11 a/n/ac MIMO) Environmental. Temperature Range: -20° to 70° C.IP-67 (submerge 1M for 30min w/ no water ingress).NEMA Weatherproof enclosure.Shielded internal antennas.Non-conducting fiberglass casing Certifications. FCC.MIL-810G: Shock, Vibration & Temperature Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 142 PRODUCT FEATURES © Copyright 2016 Utility, Inc. All Rights Reserved. rocket Locker featuRes: Tamper-proof power and antenna connections Rugged composite enclosure Secure with MasterLock Key Easy to Install Increased Security and Performance The Rocket Locker is a secure, ruggedized housing that protects the Rocket hardware and peripherals from damage and tampering. Cable connections and hardware can only be accessed with a MasterLockTM Key. Fully Secure The Locker seamlessly encloses a Rocket, Booster, and Power Timer, providing a completely environment-proof encasing. Tampering is greatly reduced — no cable connection or hardware can be reached without a key. Easy Install The Rocket, Booster, and Power Timer are pre-mounted within the Locker itself, which is then mounted on a bracket, requiring four bolts to hold it in place. The Rocket Locker only takes up a 13”x10”x3.75” space. Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 143 CAMERASImage Settings. 4 Megapixel (2688 x 1536) Resolution. True Day/Night. Saturation, brightness, contrast, sharpness adjustable through client software Min Illumination: 0.01 lux @ (f1.2, AGC ON), 0 lux with IR Lens: 2.8mm @ f2.0 Frame Rate: 30fps (1920 x 1080) IR Range: Up to 33ft Dimensions: 172mm (l) x 122mm (w) x 38mm (h) Material: Cast Aluminum Power: 9 - 24Vdc / 12W Storage: 64GB Solid State Drive Environmental. Temperature Range: -20° to 70° C.IP-67 (submerge 1M for 30min w/ no water ingress).MIL-810G for Shock / Vibration Certifications. MIL-810G Shock.VibrationDVRRocketIoT DVR, Communications & Control Unit Dome Camera, with Microphone Wall Switch Multiple Trigger Options Unlimited Evidence Management Software & Storage Part of the AVaiL Web Ecosystem Compatible with BodyWorn through AVaiL Web Supports Up to Two Dome Cameras FEATURES: SPECIFICATIONS: Access to Video in AVaiL Web AWS Cloud INTERVIEW ROOM INTERVIEW ROOM Utility Associates, Inc. Response to City of Milton GA Bid # 19-PD01 for In-Car and Body Worn Camera System 144 www.utility.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707 February 6, 2019 Rich Austin Chief of Police Milton Police Department 13000 Deerfield Parkway Milton, Georgia 30004 Dear Chief Austin, Utility Inc. is honored that your Department has selected our Company to provide its Officers with the BodyWorn™ and Rocket IoT™ solution. We take great pride in our Law Enforcement Partnerships and look forward to adding your Department to the growing family of Departments and Agencies who have deployed BodyWorn and Rocket IoT – the industry’s smartest technology for first responders. Please allow this letter to serve notice that Utility Inc. agrees to the following provisions as part of the service agreement that the Milton Police Department intends to enter into with our Company: 1. Price Proposal: a. Full Body Camera and Vehicle Video/Communications Systems to Support 30 Officers and 30 Vehicles. b. Period of Agreement = 5 Years c. Total System Price, Inclusive of all Hardware, Software Licenses, Data Storage/Retrieval, Warranty, and Support for a period of Five (5) Years for: $267,840 d. Includes a Multi-Year Purchase Discount of -$101,300 and additionally, a supplemental 7% Discount to forego the finance option in favor of a direct purchase from Utility. e. Attachment A - Quote 11443 outlines the details of the price proposal, with part numbers and associated quantities. 2. Bill of Materials Included with the Offer: As part of the annual subscription price for Five (5) years, each system will include the following: BodyWorn and Rocket IoT Vehicle Video/Communications/Camera triggers - Includes AVaiLWeb™ Smart Redaction™ SaaS, Training and Configuration, Warranty and Technical Support with Unlimited Video Storage and Download. Every Officer (Qty. 30) will be equipped with the following: a. BodyWorn Camera and Mount b. BodyWorn Ready Uniforms: Two (2) Blauer Armor Skin Carriers or Four (4) Blauer Supershirt Duty Shirts per Officer c. One (1) Bluetooth BodyWorn Wrist/Belt Trigger d. AvailWeb Video Management Software and Mapping Interface License e. Unlimited Download & Storage – Based on the Department’s Retention Policy f. Smart Redaction Software License g. Installation and Training – Onsite and Online Training Included h. Full Warranty i. 24/7 Technical Support for the Life of the Contract (60 months) www.utility.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707 Every Vehicle (Qty. 30) will be equipped with the following: a. Rocket IoT™ Vehicle Control Unit, DVR, and Communications Hub b. BodyWorn Vehicle Triggers and Wireless Offload c. Front & Rear Facing HD Vehicle Cameras d. Tablet Interface for Local Viewing of Video e. Setup of Rocket IoT Control Interface through Vehicle MDT f. Installation, Validation, Configuration g. Full Warranty h. 24/7 Technical Support for the Life of the Contract (60 Months) * For high-speed wireless video offload, Utility Inc. will provide one (1) Smart WayPoint. Normally, this is deployed at the primary offload location, including Headquarters. Should the Department wish to have alternate offload locations, additional Smart WayPoints can be purchased, installed, for $3,500/ea. See (6) below for details about Smart WayPoint connectivity. 3. Replacement Parts Pricing: a. BodyWorn Camera: $600/ea b. Bluetooth Trigger: $50/ea c. Rocket IoT In-Car Communication System (hardware only): $3,500/ea, installed d. Front or Rear Facing In-Car Camera: $500/ea, installed e. Additional Uniform Purchases: Available through your local Authorized Blauer Reseller 4. Payment Terms for Procurement of Goods: Option 1: Direct Purchase To afford the Department the option to purchase the solution outright, while receiving credit for the hardware cost and estimated buy-down rate as a result of foregoing the 0% finance option, the following special payment terms apply: Payment 1: 50% Due upon contract signing $133,920 Payment 2: 25% Due upon receipt of all hardware $66,960 Payment 3: 20% Due upon installation & training $53,568 Payment 4: 5% Due upon final acceptance $13,392 Total: $267,840 5. Network Connectivity Via Smart WayPoint (Utility Access Point): The Department is responsible for maintaining power and internet connectivity to the provided Smart WayP oints. The Department has the option of either (a) organizing an independent internet connection via its local provider with a minimum upload speed of 50 Mbps, or, (b) connecting the Smart WayPoints to its own network. Upon execution of the contract, as part of the deployment process, a network assessment will be conducted of the Department’s upload speed for the transmission of data to the CJIS Compliant Cloud. In most cases, the Department should budget for an increase to their upload speed with their local carrier. www.utility.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707 We are privileged to work with your Department on this project. Should you have any questions, at any time, please feel free to call or email me at: (770) 500-2494 Email: crl@utility.com Respectfully, Christopher R. Lindenau, Chief Revenue Officer Offer Acceptance by Authorized Official: ____________________________________ Title: ____________________________________ Date: ____________________________________ Cc: John Dowd, Business Manager Utility Associates Inc 250 East Ponce De Leon Avenue Suite 700 Decatur GA 30030 (800) 597-4707 www.utility.com SALES QUOTE Customer Milton GA Police Date 6/18/2018 Sales Quote #11443 Bill To Milton GA Police 13000 Deerfield Parkway Milton GA 30004 Ship To Milton GA Police 13000 Deerfield Parkway Milton GA 30004 Expires 2/28/2019 Sales Rep Miller, Rachel PO # Terms Net 10 Item BWI-H-4001 BWI-S-4005 SWP-H-4001 DISCOUNT DISCOUNT DISCOUNT Description BodyWorn and Rocket IoT In-Car Video System Hardware Bundle AVaiL Web SaaS and Warranty with 24/7 Technical Support for BodyWorn and Rocket IoT In-Car - 5 Years SmartWay Point Access Point Multi-Year Hardware Discount Multi-Year SmartWay Point Discount Discount to forego finance option Qty 30 30 1 30 1 1 Price Each 3,260.00 9,600.00 3,500.00 (3,260.00) (3,500.00) (20,160.00) Amount 97,800.00 288,000.00 3,500.00 (97,800.00) (3,500.00) (20,160.00) Total $267,840.00 EXHIBIT “C” }I►C moo® CERTIFICATE OF LIABILITY INSURANCE DATE (MMI)DIYYYY) 1/3012019 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 Pritchard & Jerden, Inc. 950 East Paces Ferry Road NE Suite 2000 Atlanta GA 30326-1384 INSURED UTILIA Utility Associates, Inc. Jason Blair 250 East Ponce de Lean Avenue GA 30030 NAIdC Jackie Gibson EACH OCCURRENCE "ONFAC Nn: PEN. 404-238-9090 POLICY NUMBER E-MAIL ibs0n ins.00m ADORE % COMMERCIAL OENERAL LIABILITY INSURERS AFFORDING COVERAGE NMC INSURER A: Technology Insurance Com an INSURER B: Phoenix Insurance COM an 5623 INSURER C ; Berkle Insurance Com an +42376 2603 INSURER D :LIQ 's of LandonDecatur 5792 INSURER E : Travelers Pro Co of Amer.5674 BODILY INJURY (Per person) OVERAGES CERTIFICATE NUMBER: 1792501343 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_ IkBR Lilt TYPE OF INSURANCE EACH OCCURRENCE U POLICY NUMBER E % COMMERCIAL OENERAL LIABILITY Y Y ZLP-I BP6297A GENERAL AGGREGATE CLAIMS -MADE OCCUR PRODUCTS - COM WOPAGG 52,000,000 Emoloyee Bertefita A COMBINED SINGLE LIMIT Ea OCC 12 $ 3,000,000 $1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY O E Par acaden GE9L AGGREGATE LIMIT APPLIES PER: EACH OCCURRENCE [�] LOC AGGREGATE $ 8,000,000 PER OTH- STATUTE I I ER S POLICY I] JJECT S 500.000 E.L. DISEASE - EA EMPLOYEE S 500,000 E.L. DISEASE - POLICY LIMIT General Aggregate General Aggregate General Aggregate S 500,000 $10,000,000 $2,000,000 $3,000,000 OTHER: e AUTOMOBILEL"ILiTY Y Y BA -43299076 X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED x NON -OWNED AUTOS ONLY AUTOS ONLY E X UMBRELLA LIAB is OCCUR Y Y CUP -8K734877 EXCESS LIAS CLAIMS -MADE DED I x I RETENTION S In nnn A WORKERS COMPENSATION Y TViIC3135888 AND EMPLOYERS' LIABILITY Y 1 N ANYPROPRIETORIPARTNERIEXECUTNE OFFICERIMEMBEREXCLUDED7 ❑ N I A (Mandatory In NMI ifyea, describe under DESCRIPTION OF OPERATIONS below E Techndo9y Errors & Omissions Y Y 2PL-15P62993 C airectors & Of kers ❑3P -1372237-P8 D Excess Directors & Offices pOH00749574 &112016 6/1/2019 8/112018 1 611/2019 6/1)2018 1 8/1/2019 8/112018 1 8/1/2019 8/1/20186/112019 811!2018 8/1/2019 6131/2018 S1112019 LIMITS EACH OCCURRENCE 81,000,000 PREMISES Eaoccurranoa 5300,000 MED E7tP (Any one person] S10.000 PERSONAL d ADV INJURY $1.000,000 GENERAL AGGREGATE S 2,000,000 PRODUCTS - COM WOPAGG 52,000,000 Emoloyee Bertefita A COMBINED SINGLE LIMIT Ea OCC 12 $ 3,000,000 $1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY O E Par acaden S EACH OCCURRENCE S 58,000,000 AGGREGATE $ 8,000,000 PER OTH- STATUTE I I ER S E.L. EACH ACCIDENT S 500.000 E.L. DISEASE - EA EMPLOYEE S 500,000 E.L. DISEASE - POLICY LIMIT General Aggregate General Aggregate General Aggregate S 500,000 $10,000,000 $2,000,000 $3,000,000 OF OF OPERATIONS I LOCATIONS I VEHICLES (ACORP 10i, Additional Remarks Schedula, may be attached if more space is roquiradl RE: Body Worn and In -Car Camera System Certificate Halder is included as an additional insured on the General Liability, Automobile Liability Umbrella Liability and Professional Liability policies as per attached forms CG D4 17 01 12, CA T3 53 02 15, UM 04 76 07 08, PR T1 00 01 17. Wainer of Subrogation is in favor of Certificate Holder for General Liability, Automobile Liability, Umbrella Liability, Workers Compensation and Professional Liability policies as per attached forms CG D4 17 01 12, CA T3 53 02 15, UM 04 88 07 08, PR Ti 00 01 17, WC 00 03 13. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Milton 2006 Heritage Walk Milton GA 30004 AUTHORIZED REPRESENTATIVE , r l �ellm5 O 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD EXHIBIT "D" STATE OF 0 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: Ll Federal Work Authorization User Identification Number IC)1--)C II Date of Authorization Utility Associates, Inc. Name of Contractor In -Car and Bodv Worn Camera Svstem Name of Project Citi of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 6 , 20L in (city) r (state). *iahire of Authorize cer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME OST THIS THE DAY OF NO'PA,KWUBL� [NOTARY =:3 My Commission Eii� 140 . � 112 t9J,4ffiA2C' EXHIBIT "E" STATE OF GEORGIA COUNTY OF DEKALB 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 Utility Associates, 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: 1379403 Federal Work Authorization User Identification Number 2/12/2018 Date of Authorization MobiCap LLC Name of Subcontractor In-Car and Body W om Camera System 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 Feb 12, 20�in Atlanta# (city), Gerogii(state). Signature., of Authorized Officer or Agent Leonardo Rojas Printed Name and Title of Authorized Officer or Agent TO: FROM: MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 25, 2019 Steven Krokoff, City Manage s AGENDA ITEM: Approval of an Agreement between the City of Milton and Vox Artium Foundation, Inc. Regarding Responsibilities and Obligations Related to the Co -Hosting of Milton Rock For Rescues Festival. MEETING DATE: Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.4''APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (<`YES () NO CITY ATTORNEY REVIEW REQUIRED: (,�-i'ES () NO APPROVAL BY CITY ATTORNEY: (,'APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 03ioylzatf) 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Courtney Spriggs, Community Outreach Manager Date: Submitted on February 20, 2019 for the March 4, 2019 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Vox Artium Foundation, Inc. Regarding Responsibilities and Obligations Related to the Co-Hosting of Milton Rock For Rescues Festival. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton and Vox Artium Foundation, Inc. have entered into a partnership for Milton Rock For Rescues Festival, a spring music festival benefitting animal rescue organizations. This will be the festival’s second year. This document outlines the expectations and deliverables of the partnership, including but not limited to Milton’s handling of vendors and logistics, and Vox’s handling of scheduled music acts and benefitting charities. Funding and Fiscal Impact: Funding for this festival will be achieved by the existing special event fund line items ($7,000). This cost will be offset with sponsorships. Alternatives: Denial of the contract, dissolution of the partnership. Legal Review: Jeff Strickland– Jarrard & Davis (02/20/19) Concurrent Review: Steven Krokoff, City Manager Stacey Inglis, Assistant City Manager Attachment(s): Agreement between the City of Milton and Vox Artium Foundation, Inc. Regarding Responsibilities and Obligations Related to Co-Hosting of the 2019 Milton Rock For Rescues Festival. 1 AGREEMENT BETWEEN THE CITY OF MILTON AND VOX ARTIUM FOUNDATION INC. REGARDING RESPONSIBILITIES AND OBLIGATIONS RELATED TO CO-HOSTING THE 2019 MILTON ROCK FOR RESCUES FESTIVAL THIS AGREEMENT is effective as of this_____ day of _____________, 2019, by and between CITY OF MILTON, a political subdivision of the State of Georgia, acting by and through its governing authority, the Mayor and City Council for the City of Milton (“City"), and VOX ARTIUM FOUNDATION, INC., a Georgia nonprofit corporation ("Vox"). Collectively, the City and Vox may be referred to herein as the "Parties." WITNESSETH THAT: WHEREAS, the City and Vox desire to co-host the 2019 Milton Rock for Rescues Festival and to specify each party’s responsibilities and obligations related thereto; and WHEREAS, the City and Vox have determined that it would be mutually beneficial to share in the cost of hosting this year’s festival, conducted to promote and support animal rescue organizations, as both Parties will benefit from maximum community branding, cost sharing, increased festival attendance, and enhanced benefits to community commerce; and WHEREAS, the City will receive a substantial benefit from consolidating its efforts with those of Vox, as the City will be able to co -host a larger festival with greater recreational opportunities for the City’s citizens; and WHEREAS, the public interest will be served by this Agreement, as the City will receive a substantial benefit through Vox’s provision of funding, personnel and administrative assistance in co-hosting this community festival; and WHEREAS, the City is authorized by Article IX, Section 2, Paragraph III of the Constitution of the State of Georgia to provide and fund recreational programs. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Project Description The Parties will work cooperatively to co -host a festival in downtown Crabapple (Milton, Georgia), which festival shall be known as the 2019 Milton Rock for Rescues Festival (the “Festival”). 2 B. Party Obligations and Responsibilities 1. City Obligations and Responsibilities The City shall be responsible for providing all labor and funding associated with the following in co-hosting the Festival: a. Logistics – The City shall be responsible for coordinating any logistics associated with closing roads and providing security for the Festival, including but not limited to closing Broadwell Road where the Festival will occur and providing a public safety presence at the Festival. b. Power and Lighting – The City shall provide power for vendors and musical acts at the Festival. The City shall also provide lighting for vendors. c. Publicity and Communications – The City shall coordinate and/or approve any publicity and communications associated with the Festival, including but not limited to written flyers, pamphlets and advertisements, signage, broadcast media, etc. d. Budget and Finances – The City shall set the Festival budget and keep records of all finances related to the Festival. The City shall provide a copy of any financial statements or other financial reports completed in relation to the Festival to Vox for consideration in Post-Event Evaluation/Summary/Appreciation. e. Vendor Solicitation and Recruitment (Retail/Food Vendors Recruited by The City) – The City shall be responsible for soliciting and recruiting retail and food vendors for the Festival, The City will maintain a record of all participating retail and food vendors recruited to participate in the Festival, which record shall include the name, address, and phone number of the vendor, any amounts payable or outstanding from such vendor, the vendor terms, the vendor class (if any), and any other vendor information deemed necessary. Any amounts outstanding to be collected from any retail and food vendors recruited by the City shall be the responsibility of the City. All information will be shared with Vox. f. Vendor Management and Communications – The City shall be responsible for managing the involvement of and communicating with any and all retail and food vendors recruited by the City; provided that any fee charged to vendors to participate in the Festival shall not exceed two hundred twenty-five dollars ($225.00) (vendors may choose to make a donation in excess of such amount). 3 The Parties agree that any revenue collected from fees charged to retail and food vendors recruited by the City shall be designated to Festival costs. g. Vendor Tents & Tables– The City will either provide tents and tables or require all vendors to be responsible for providing their own tents and tables for their booths/vendor stands. 2. Vox Obligations and Responsibilities Vox will be responsible for providing all labor and funding associated with the following in co-hosting the Festival: a. Musical Act/Band Recruitment – Vox will recruit and retain local bands to perform for the Festival. They will also ensure all band contracts are signed and requirements met. b. Stage/sound equipment and musician contracts – Vox will provide a stage and sound/production equipment for all bands. c. Sponsorships – Vox shall be responsible for and authorized to obtain sponsorships to fund its portion of any costs associated with co-hosting the Festival. d. Charity donations – Vox will choose five (5) animal rescue shelter/charities to benefit from the event and will abide by their established practices to evaluate the health of each 501(c)(3) entity. 3. Joint Obligations and Responsibilities of both the City and Vox The Parties will be jointly responsible for providing all labor and funding associated with the following in co-hosting the Festival: a. Volunteer Recruitment and Coordination – All Parties shall work together to recruit and coordinate volunteers to plan for and staff the Festival. b. Post-Event Evaluation/Summary/Appreciation – The City and Vox shall work together to evaluate the success of the Festival once complete. 4. All Other Obligations The Parties will negotiate in good faith to equitably assign any obligations or responsibilities not specifically assigned herein, and the labor and funding associated therewith, as such obligations and responsibilities are identified. 4 C. No Admission for Attendees. The Parties agree that there shall be no admission fee charged to members of the public who attend the Festival. D. Schedule. The Parties anticipate that the Festival will be held on Saturday, April 27, 2019. This Agreement will terminate upon completion of Post-Event Evaluation, Summary and Appreciation activities following the Festival, which the Parties expect to be completed within five (5) weeks of the Festival. II. MISCELLANEOUS A. Amendments This Agreement may be amended only upon execution of an amendment by all of the Parties hereto. B. Indemnification of the City Vox shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of Vox’s performance of this Agreement. Vox shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as “City Parties”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense, (hereinafter “Liabilities”) which may be the result of willful, negligent or tortious conduct arising out of Vox’s performance of this Agreement or operations by Vox, any Vox contractor, anyone directly or indirectly employed by Vox, or a Vox contractor, or anyone for whose acts Vox, or a Vox contractor, may be liable. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or City Parties, by any employee or representative of Vox, any Vox contractor, anyone directly or indirectly employed by Vox or a Vox contractor, or anyone for whose acts Vox or a Vox contractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Vox or any Vox contractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. 5 C. Insurance Vox shall have and maintain in full force and effect for the duration of this Agreement commercially reasonable insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement by Vox, its agents, representatives, employees or contractors. Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. The City and City Parties are to be covered as additional insureds in such policies. Further, during the term of this Agreement, each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Vox shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this Article. The certificate of insurance and endorsements shall be on a form utilized by Vox’s insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies at any time. Vox shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. D. Employment of Unauthorized Aliens Prohibited - E-Verify Affidavit Pursuant to O.C.G.A. § 13-10-91(b)(5), Vox must provide a copy of the state issued driver’s license or state issued identification card (from a state approved by Georgia’s Attorney General) of an individual authorized to act on behalf of Vox and a copy of the state issued driver’s license or identification card (from a state approved by Georgia’s Attorney General) of each independent contractor utilized in the satisfaction of part or all of this Agreement (provided that no vendor shall be deemed to be an employee or independent contractor of Vox or of the City, as such vendors are not required to provide any service to Vox or the City and are simply authorized to participate as a vendor in the Festival). In the event Vox later determines that it will hire employees to satisfy or complete the physical performance of services under this Agreement, it shall first be required to comply with the affidavit requirements described in O.C.G.A. § 13 -10- 91. E. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by Vox in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that evaluation of the Project is complete. (b) All costs shall be supported by properly executed invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the 6 nature and propriety of the charges. All invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Vox shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. Vox will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, or data relating to all matters covered by this Agreement. F. Conflicts of Interest Vox agrees that it shall not engage in any activity or conduct that would result in a violation of the City’s Code of Ethics. G. Confidentiality Vox acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its contractors and/or staff/volunteers to likewise protect such confidential information. Vox agrees that confidential information it receives or such reports or information that it creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Vox shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Vox acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Records Act. H. Authority to Contract Vox covenants and declares that it has obtained all necessary approvals of its board of directors or similar authority to simultaneously execute and bind it to the terms of this Agreement, if applicable. Ratification of the Agreement by a majority of the members of the City Council shall be authority for the Mayor to execute this Agreement on behalf of the Council. 7 I. Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Vox agrees that, during performance of this Agreement, Vox, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any contractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Vox agrees to comply with all applicable implementing regulations and shall include the provisions of this Section II(I) in every contract for services contemplated under this Agreement. III. TERMINATION The City shall have the right to terminate this Agreement for convenience by providing written notice thereof at least thirty (30) calendar days in advance of the termination date stated in such notice. Upon termination, Vox shall promptly discontinue all work that would incur additional liability or obligation on the City, unless the notice directs otherwise. The rights and remedies of the City and Vox provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity, including but not limited to the right to terminate this Agreement for cause. IV. NO PERSONAL LIABILITY Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to Vox or any successor in interest in the event of any default or breach by the City or for any amount which may become due to Vox or successor or on any obligation under the terms of this Agreement. Likewise, Vox’s performance of services under this Agreement shall not subject their individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Vox or the City, respectively, and not against any employee, officer, director, or elected or appointed official. V. ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by all Parties with appropriate authorization. VI. SUCCESSORS AND ASSIGNS; ASSIGNMENT This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior 8 written approval of the other Parties. VII. APPLICABLE LAW If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. VIII. CAPTIONS AND SEVERABILITY The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible. IX. NOTICES A. Communications Relating to Day-to-Day Activities All communications relating to the day-to-day activities concerning the Project shall be exchanged between Courtney Spriggs for the City, and Laura Jesseph for Vox. B. Official Notices All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager 2006 Heritage Walk Milton, GA 30004 Community Outreach Manager 2006 Heritage Walk Milton, GA 30004 NOTICE TO VOX shall be sent to: Laura Jesseph, Director Vox Artium Foundation, Inc. 13455 Bethany Road Milton, GA 30004 9 Future changes in address shall be effective only upon written notice being given by the City to Vox or by Vox to the City Manager via one of the delivery methods described in this Section. XIV. WAIVER OF AGREEMENT No failure by the Parties to enforce any right or power granted under this Agreement, or to insist upon strict compliance with this Agreement, and no custom or practice of the Parties at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the Parties’ right to demand exact and strict compliance with the terms and conditions of this Agreement. XV. NO THIRD-PARTY RIGHTS This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. XVI. SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. XVII. FORCE MAJEURE Neither the City nor Vox 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 Vox; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance of this Agreement shall be renegotiated in good faith between the Parties to reasonably account for such circumstances, and all other obligations shall remain intact. [SIGNATURES ON FOLLOWING PAGE] 10 IN WITNESS WHEREOF the City and Vox have executed this Agreement effective as of the date this Agreement is approved by the Milton City Council and executed by the Mayor of the City of Milton. VOX ARTIUM FOUNDATION, INC. By: _________________________________ Laura Jesseph, Director Attest: [CORPORATE SEAL] By: _____________________________ CITY OF MILTON By: ___________________________________ Joe Lockwood, Mayor Date: ___________________________ Attest: [CITY SEAL] By: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 25, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Swimming Pool Management Agreement - Change Order #I between the City of Milton and Dynamo Pool Management, Inc. MEETING DATE: Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (),-YES () NO CITY ATTORNEY REVIEW REQUIRED: (,�I'ES () NO APPROVAL BY CITY ATTORNEY: (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: C)*,1120)q 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Jim Cregge, Director Parks and Recreation Date: February 21, 2019 for the March 4, 2019 Regular city Council Meeting Agenda Item: Approval of Change Order #1 to a Contract Agreement between the City of Milton and Dynamo Pool Management, Inc. for Pool Management Services at the Milton Country Club _____________________________________________________________________________________ Project Description: Staff recommends the approval of a change order to the existing contract with Dynamo Pool Management, Inc. The purpose of the change order is to cover emergency repairs and resurfacing of the primary pool. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-6110-523850004 Requisition Addition: $28,750.00 Revised New Total: $71,941.50 Vendor DBA: Dynamo Pool Management, Inc. Financial Review: Bernadette Harvill, February 21, 2019 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, February 20, 2019 Attachment(s): Change Order #1 to the existing contract with Dynamo Pool Management 1 SWIMMING POOL MANAGEMENT AGREEMENT CHANGE ORDER #1 WHEREAS, the CITY OF MILTON (“City”) and DYNAMO POOL MANAGEMENT, INC. (“Service Provider”), entered into a Swimming Pool Management Agreement (the “Agreement”) dated April 9, 2018, for life guard service, pool maintenance and repairs at the Milton City Pool located at 1785 Dinsmore Road, Milton, GA 30004; and WHEREAS, the City has requested that Service Provider perform emergency repairs to leaks in the main pool and to resurface the main pool; and WHEREAS, in accordance with the Agreement at Section 20 (Repair Work), subparagraph B, the City reserves the right to order repair work on the pool; and WHEREAS, Service Provider has stated that the additional Work will increase the total contract price by $28,750; NOW THEREFORE, the parties agree as follows: 1. Section 28 (Payments), Line Item “Emergency Budget”, of the Agreement is amended to read as follows: “Emergency Budget: $0”. An additional line item entitled “Repair and Resurfacing Services” is added in the amount of $29,750. The line item “TOTAL with Emergency Budget:” is replaced with “TOTAL with Emergency Budget and Repair and Resurfacing Services: $71,941.50”, which reflects a net increase of $28,750. 2. Service Provider shall provide the proposed repair and resurfacing work identified in the resurfacing proposal provided by the Service Provider dated February 13, 2019, to Jim Cregge, attached as Exhibit ‘A,’ and in the email provided by the Service Provider dated February 14, 2019, to Jim Cregge, attached as Exhibit ‘B.’ All work shall be completed by April 8, 2019. Service Provider agrees that the proposed work will address the repairs and renovations suggested in the report provided by American Leak Detection dated February 6, 2019, to the City of Milton, attached hereto marked Exhibit ‘C’. 3. The City will pay Service Provider the amount of $29,750 for the sum of the emergency repairs and resurfacing in Exhibits ‘A’ and ‘B’, with credit given for any prepaid amounts. Payment will be made on the schedule set forth in Exhibit ‘A’. 4. Except as modified herein, the Agreement shall continue in full force and effect. Service Provider represents that the E-verify affidavits provided in the Agreement remain in force and will apply to the added work in this Change Order. 2 5. This Change Order may be executed in counterparts, and each counterpart shall constitute an origina l and taken together shall constitute but one document. 6. Each of the individuals executing this Amendment on behalf of his or her respective Party agrees and represents to the other Party that he or she is authorized to do so. IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. SERVICE PROVIDER: DYNAMO POOL MANAGEMENT, INC. By: ________________________________________ Print Name: _________________________________ Its: CEO Date: _________________________________ CITY: CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager Ratified by City Council: By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Date: _________________________________ Attest: ____________________________________ Sudie Gordon, City Clerk Approved as to form: ____________________________________ City Attorney DYNAMO POOL MANAGEMENT, INC. PROPOSAL 3119 Shallowford Rd. Chamblee, GA 30341 (770) 458-9422 CONTACT: Mike Cotter ±04-483-7418/mikedynamoCcDearthlink.net Date: February 13, 2019 Customer: City of Milton For: Pool Renovations DESCRIPTION AMOUNT Main Pool -Plaster with white plaster pool finish Prepare interior of pool for plaster Remove all plaster from return fittings, vacuum fittings, main drains, light niche and anchors Provide new main drain grates Saw cut beneath water line tile and remove plaster Remove all hollow areas in existing plaster Bond coat interior of pools Replace tile on step tread Plaster with mixture to a thickness of/2"-3/4" Start fill -Replace water line tile Remove existing tile Prepare tile area for new tile Install tile and grout Replace lane line tile and targets Remove existing tile Prepare tile area for new tile Install tile and grout Total: $27,750 Warranty: Manufacturer's warranty on equipment and 1 -year warranty on labor provided. -Weather: Any day that there is a greater than 30% chance of rain per WSB, will not be counted towards the project completion timeframe. Dynamo Pool Management, Inc. is not responsible for electrical, waterlines, pool plumbing lines or any underground utilities, which may be encountered during renovation, including damage to electrical conduit, J boxes, light fixtures (associated with the pool lights, clubhouse or other areas), skimmers that may come up with the deck demo. Price is based on existing deck not having rebar in the deck (if so, there will be additional charges). Dynamo Pool Management, Inc. will not guarantee or warranty that there will not be any settling resulting in possible cracks in the pool deck work (excluding cracks resulting from Dynamo not following industry standards and procedures during the concrete pour). Dynamo Pool Management, Inc. will not be responsible for any damage to existing landscape in areas that we will have equipment operating. Customer is responsible for any damage which may be caused due to hydrostatic lifting of the pool(s) during the project. Owner shall furnish electrical and water needed for the renovation of the pool area. Owner is responsible for all costs associated with draining and filling of the pool, including water and sewer charges. The customer will be responsible for the cost of repairs if any void areas are found under the existing deck during demo. Up to 10% of the total pool square footage of delamination removal is covered in this proposal; anything over 10% will be billed per square foot. If there are multiple layers of plaster or tile on the pools, additional work may be required at an additional cost. Dynamo will provide a dumpster on the job site. Any work needed above the stated contract will only be executed with written agreement between Dynamo Pool Management, Inc. and the owner. All estimates include labor and materials complete in accordance with the above specifications. Work towards completion of the job will begin upon customer approval through signing off on job and its cost. Payment terms: 50% upon singing, 40% upon when starting plaster and 10% upon completion (to be paid within 7 days of Job completion). Payments are due as indicated above. Any and all payments not made on or before the due date shall be subject to a delinquent payment of 10% of the amount due or any portion thereof. In the event that Company elects to pursue collection of any amounts due under this Agreement, Customer shall pay all said amounts, together with interest at the rate of 12% per annum from the date the same became due, together with any and all cost of collection, including and together with any and all reasonable litigation expense, including reasonable attorneys' fees. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. This proposal is subject to acceptance within 15 days of company signature and is void thereafter at the option of Dynamo Pool Management, Inc. M'Dze aot±e,Y CEO 02/13/19 DYNAMO POOL MANAGEMENT, INC. Title Date Acceptance of Proposal: The above prices specification and conditions are hereby accepted. Dynamo Pool Management, Inc. is authorized to do work as specified. Payment will be made as outlined above. Customer Signature Title Customer Signature (if applicable) Title Thank you for your business! Date Date Jim Cregge From: Mlke <,mikedynamo@earthlink.net> Sent: Thursday, February 14, 2019 5:07 PM To: Jim Cregge Subject: pool Hey Jim - For completing the leak repair work on the pool- -repair leak at the pipe penetration around the main drain pipe -repair leak in the skimmer mouths -repair the leak in the pool light niches $2,000.00 Mike Cotter Dynamo 3119 Shallowford Road Atlanta, GA 30341 404.483.7418 dynamoswimclub.com dynamopooImanage ment.com AMERICAN LEAK THE ORIGINAL LEAK SPECIAUSTS- 195 Stockwood Drive, Suite 180 Woodstock, GA 30188 770-136-5722 LeakOne@ALDWoodstock.com Bill To: City of Milton 2006 Heritage Walk Milton, GA 30004 Invoice February 6, 2019 Summary: COMMERCIAL POOL Invoice #: 13357 Tech: DAVID M Due Date: 2/6/2019 Job Date: 2/5/2019 Job Name: Milton Country Club Pool 1785 Dinsmore Road Alpharetta, GA 30004 Call ? Scheduler County CALL ON WAY CM Fulton 678-242-2489 OFFICE 770-843-9966 JIM CREGGE Item Code Description Hrs/Qty Price Amount Gated - please call 770-843-9966 Jim Cregge w/City of Milton, to meet you to have gate unlocked. Underwater only on gunite pool, when customer removed cover (pumps had been off) pool only had 18" water in it, 10 skimmers, 7 lights, floor returns, main drain, clean/clear/full. >Results - 2/5/2019 - (DM): The pool was several inches below the tiles. Underwater inspection of the pool structure found a large plaster sag leak around the main drain pipe closest to the clubhouse. I found some seepage at the shallow end light niche conduit, on the side closest to the clubhouse. I was able to get some water into the skimmer throats, and found leaks at two of the cold joints in the throats. The pool plaster is in very poor condition. I recommend replastering the pool and resealing the grouting in all 10 skimmer throats. No other active structural were found with the pool at its current level. No further detection was requested at this time. NOTE: -The two previously repaired cracks did not appear to be leaking at this time. Commercial Gunite Pool Detection - U/W 1.00 870.00 870.00 Labor Subtotal Total 870.00 870.00 $870.00 We accept all major credit cards, cash, or check. ALD0126A GGA Tax ID# 47-1074199 TO: FROM: MILTON, k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 25, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and TriScapes Inc. - 12902 Waterside Drive Manhole Project. MEETING DATE: Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (k -APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( ,I ES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY: (,,�'A PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on February 25, 2019 for the March 4, 2019 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between The City of Milton and Triscapes. Inc. – 12902 Waterside Drive Manhole Project _____________________________________________________________________________________ Project Description: The work to be completed under this agreement includes. A general description of the Project is as follows: The removal of the depression around the manhole and replacement of the curb and gutter between the two residences, in accordance with the plans and specifications. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-4101-522250000 Requisition Total: $9,843.10 Vendor DBA: Triscapes Inc. Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid CMES $26,343.00 Blount Construction $30,073.80 Financial Review: Bernadette Harvill, February 25, 2019 Legal Review: Sam VanVolkenburgh, February 11, 2019 Attachment(s): Construction Services Agreement HOME OF' FSTABIAS1^ILI) 200 12902 Waterside Drive Manhole Project This Construction Services Agreement (the "Agreement") is made and entered into this day of , 2019 (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 Milton City Council, located at 2006 Heritage Walk (hereinafter referred to as the "City"), and TriScapes, Inc., a domestic limited liability company, having its principal place of business at 1595 Peachtree Parkway, Ste 204-396, Cumming, GA 30041, (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS; Contractor has represented that itis qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). 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 hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents:. A. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit H"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; E. Performance Bond, attached hereto as "Exhibit E''; F. Payment Bond, attached hereto as "Exhibit F' and G. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: At the manhole in front of 12902 Waterside Dr., Milton, GA, repair the depression in the asphalt around a manhole, and remove and replace 30' of curb and gutter. The Contractor will remove asphalt and stone to a depth of 12" around the manhole and replace with 10" of concrete and 2 of 9.5 mm asphalt. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a ,usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. The City will be responsible for marking any nearby property lines; as well as the fence location and any water lines, irrigation lines, sprinklers, and similar underground objects ("Onstructi«lz Services A-reement 1 Version 1.0 in the area where the fence is to be installed. Section 3. Contract Term; Termination: 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. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within ten (10) business days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $9,843.10 ("Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a Flat Fee and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed, and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an 'invoice, setting forth in detail the Work performed, and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. The invoice shall be submitted upon completion of the Work and such invoice shall reflect costs incurred versus costs budgeted. The invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. 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 services required by this Agreement. Contractor and the 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. The Contractor and the 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 Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor; City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance ConstruC6011 Services Agreement 1 Version 1.0 with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy; fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous; inconsistent, or otherwise problematic. D. Contractor's Representative; Meetings. Ryan Hogan shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. 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. 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 and payment of subcontractors, agents,, or employees to complete the Work, including compliance with Social Security, withholding; and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right 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. Inasmuch as the City and the 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. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assurne full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. 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 the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, 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 a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act 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. 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. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. Construction Services —reeni nt 1 Version 1.0 H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. L Employment of Unauthorized Aliens Prohibited — E -Verb Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "C" and "D" (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its 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) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A_ § 13-10-91 and Georgia Department of Labor Rule 300-10-1-02. In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A_ § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The 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. Contractor agrees that the employee -number category designated below is applicable to the Contractor, [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. J. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the 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. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of 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. Construction Services .r1.. oreement I Version 1.0 M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules; work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. N. 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, the 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. O, Bonds. Contractor shall provide Performance and Payment bonds on the forms attached hereto as "Exhibit E" and "Exhibit F" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). 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. Section 7. Final Proicet Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall ,repair or replace all defects in materials, equipment, or workmanship appearing within the greater of (a) any warranties listed in Exhibit A or ("b) one (1) year from the date of completion, at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement; Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents; 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. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 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. B. Governing Law; Business License; Proper Execution. 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. 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. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). C. Notices. All 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 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 Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one Construction 'Services A\ureennent 1 Version 1.0 specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. E. Agreement Construction and Interpretation, Invalidity of Provisions; Severability Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. 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 Contract Documents 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. 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 invalid. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. Construction Services Aoreem ;nt 1 Version 1.0 1 [CQRI?ORA.TK- SBA L] CITY OF MILTON, GEORGIA Signature: Steven Krokoff, City Manager [CITY SEAL] Attest: By Its: City Clerk Approved as to form: CONTRACTOR: TriScapes, Inc. By: Its:President/V ce President [CIRCLE ONE] Attest/Witness: By: Its: 464-1--. ((Assistant) Corporate Secretary if coy oration) RATIFIED BY CITY COUNCIL Signature: Joe Lockwood, Mayor City Attorney Construction Services Agreement I Version 1.0 IS 1595 Peachtree Parkway, Suite 204-396 Cumming, GA 30041 Office 770-752-4698 Fax 770-752-6792 www.TriScapes.com City of Milton Road Repairs 2/12/2019 Note: Price goodfor 90 days Page 1 No Text ACCORV �® CERTIFICATE LIABILITYINSURANCE DATE(MMIDDIYYYY) 02/21/2019 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 CONTACT Stephanie Smith, CISR NAME: PointeNorth Insurance Group, LLC A/CNNo Ext): (770) 858-7540 ASC No): (770) 858-7545 E-MAIL ssmith@pointenorthins.com ADDRESS: PO Box 724728 INSURER(S) AFFORDING COVERAGE NAIC# PREMISES. Ea occurrence $ 300;000 INSURERA: Grange Mutual Ins Co A 14060 Atlanta GA 31139 INSURED INSURER B: Accident Fund Ins. Co ofAmerica A- 10166 Tri Scapes, Inc. QR Martin INSURER C i 220 Curie Drive INSURER D: INSURER E: LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY P AUTOS ONLY Alpharetta GA 30005 INSURER F: t,UVr-KAUt:b t;tl-tl II-IL;AI E NUi BhK: la/ ItP rKg 01 VVI, 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, TERMOR 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 LIMITS SHOWN MAY HAVF RFFN RFni IRFn Ry PAIn nl AIMc INSR LTR TYPE OF INSURANCE AIJUL INSD DUOK WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ®OCCUR Y Y CPP2771706 12/01/2018 12/01/2019 EACH OCCURRENCE $ 1,000,000 PREMISES. Ea occurrence $ 300;000 MED EXP (Any one person) $ 10,000 PERSONAL a ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY ® PRO - POLICY ❑ LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY P AUTOS ONLY Y Y CA2771709 12/01/2018 12/01/2019 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident _ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident) ccident $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y CUP2771712 12/01/2018 12/01/2019 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I X1 RETENTION $ 0 $ B WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? NI (Mandatory in NH) IT yes, descnbe under DESCRIPTION OF OPERATIONS below NIA Y WCV6168314 07/01/2018 07/01/2019 OTH- STATUTE I ER E. L. EACH ACCIDENT $ 1,000,000 EL DISEASE- EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Leased/Rented Equipment CPP2771706 12/01/2018 12/01/2019 Limit 35,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 12902 Waterside Dr. Manhole Project SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton, Georgia ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk AUTHORIZED REPRESENTATIVE Milton GA 30004 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds M&M Investments, LLC and Tri Scapes, Inc, ATIMA Corporation, Additional Named Insured I OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC I "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF Georgia COUNTY OF Forsyth 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: 123689 Federal Work Authorization User Identification Number 06/02/08 Date of Authorization TriScapes, Inc. Name of Contractor 12902 Waterside Dr. Manhole Project 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 /3 , 2011 in rr„7l,(city), 6-0- (state). Sig ature of Authorized Officer or Agent Rebecca Martin, PresidentJCFO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE /.f tb- DAY OF Fe 4, , 201 -7 . A,� jj�a wza�- NOTA LIC My Commission Expires: n t40 T Fi • m: • �eLIG - it^F•• rr9.020 •.••x• '''� ����liii G �o`Q`• "EXHIBIT E" PERFORMANCE BOND #20BCSHX8597 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT TriScapes, Inc. ("Principal"),, and Hartford Fire Insurance Company ("Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia ( "City"), for the use and benefit of the City, in the sum of nine -thousand eight -hundred and forty-three dollars and ten cents ($9,843.10), 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 construction of a project known as 12902 Waterside Dr. Manhole Project (hereinafter referred to as "the Project"), whish agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"). NOW THEREFORE, the conditions of this obligation are as follows: L That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Agreement, 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 performance of any and all of the terms, provisions, and requirements of the Agreement, 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 frill force and effect; 2. In the event of a failure of performance of the Agreement by the Principal, which shall include, but not be limited to, any breach or default of the Agreement; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty ('10) 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 about the Agreement, 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 Linder 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"): TriSca nc. By: (situr -•• w.. 3-e AU h (Prir�tjr • .•�,� �. Title: reTi Ul e�.-� / - (S1 AI.* 440 0 Attest: Date:/�/�/y �• �U�• yv (signature) `T L`iQIn13ed(print) Title: l-f>�✓cy Date: CONTRACTOR'S SURETY: Hartford Fire Insurance Company By: (signature) (print) Title: Attorney In Fact ,Christy Lackey(SEAL) Attest: Date: '� I ;)•,� i lcl signature) rint) Title: Account Manager Date: El (ATTACH SURETY'S POWER OF ATTORNEY) i QW411,1"1YYl lei KNOW ALL MEN BY THESE PRESENTS THAT TriScapes, Inc.—( "Principal"), and Hartford Fire Insurance Company ( "Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia ( "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of nine - thousand eight -hundred and forty-three dollars and ten cents ($9,843.10), 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 construction of a project ]mown as 12902 Waterside Dr. Manhole Project (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement") NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly male payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Agreement, 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 Agreement, 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 Agreement 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 Agreement, 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 Agreement. 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. Ili 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] Attest: U / ' ? "w�i'�(signature) kti jzi 1 N141-16,CtIprinted) / l 7 Title: Date: �� / //9 Attest: ignature) A -printed) Title: Account Manager Date: U CONTRACTOR: TriSca es c. By:, `(signature) �Ctij�LGti ltta.,rhyt (printed) Title: `YeSI dwcf l OF, (SEAL) , Dater CONTRACTOR'S SURETY: #20BCSHX8597 I i z s: By: " ' ' //-,�2(signature) n (printed): Title: Attorney In Fact, Christy Lackey(SEAL) Date: I (i (ATTACH SURETY'S POWER OF ATTORNEY) Direct Inquiries/Claims to: THE HARTFORD A ORN-T-1 -111� 7' BOND, T-12 POWE'R OFA I I h -T One Hartford Plaza Hartford, Connecticut 06155 Bond.Claims(cDthehartford.com call: 888-266-3488 or fax: 860-757-5835 Agency Name: POINTENORTH INSURANCE GROUP LLC KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-262197 Hartford Fire insurance Company, a corporation duly organized under the laws ofthe State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws ofthe State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized Linder the laws ofthe State ofConnecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut Twin City Fire Insurance Company, a corporation duly organized tinder the laws ofthe State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized tinder the laws ofthe State of lllinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ofthe State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws ofthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Robert J. Ryan of Atlanta GA, Marilyn Brown, Keith H. Dillon, Joy Dooley, Angie E. Ferguson, Christy Lackey, John Langsfeld, Fred R. Mitchell, Madalyn H. Seiffert, William H. Skeeles, Rita L. Smith, Carolyn F. Smith, Billie Jo Whitehead of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact; each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by [D, and to execute; seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. yYr tagU �ns�rr er y Qx,�itt rz dna psi.:yat�p9 ,a•,"'°�" � t r i.� �s 4.+ PJx rr rrvf}� °�'aa�8�►ff :1979? ;L., 1879 I479 drk.a•xy�A ? iv John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. l Nora M. Stranko Notary public CERTIFICATE My Commission Expires March 31, 2018 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. r}.7Y 7tpt, �nsr�• a1 xt;tt rs d 1 sgAo ,,•+"`.Wec.," � e r' a.rntvf� ® "oaraW� 1976r ; 14 i970 ' I47 9 1 r 4. O 4y „'� .q,,'T+° r8 'a�}.o� � • w'aR t+4ui5' 4o -,ala' .'�`- v' Kevin Heckman, Assistant Vice President ooAmia MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 26, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Wavelength Learning Group, Inc. MEETING DATE: Monday, March 4, 2019 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: (�%ES () NO CITY ATTORNEY REVIEW REQUIRED: (►4"YES () NO APPROVAL BY CITY ATTORNEY: (.�APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: v3loulto-y 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on February 26, 2019 for the March 4, 2019 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Wavelength Learning Group INC. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Wavelength Learning Group INC. Executive Summary: Wavelength Learning Group INC would provide the city with music programming. This program will have music programming for youth ages. The classes will be offered year-round at multiple locations, including Community Place, Bethwell Community Center and the Bach to Rock Studios. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City for all programming offered at City facilities. Any programming offered at the Bach to Rock Studio will provide Milton residents with a discounted rate. Alternatives: If this contract is not approved, we will have to research to find another music provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, December 3, 2018 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department’s Agreement for Outside Providers. The agreement between The City of Milton and Wavelength Learning Group INC. TMS IS AN AGREEMENT, made this day of 2019, 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 2006 Heritage Walk, Milton, Georgia 30004, hereinafter referred to as the "CITY." and Wavelength Learning Group 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. , PROVIDER's 1.1 PROVIDER shall conduct services generally described as MUSIC CLASSES, LESSONS CAMPS at the following locations: COMMUNITY PLACE, BETHWELL COMMUNITY CENTER & BACH TO ROCK STUDIOS. 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, of its sole discretion. PROVIDER agrees to submit a Program Request Farm to the City's Recreation Program Manager (hereinafter "Manager'") for each program being proposed tour (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 a surcharge of 50% more will be charged to each participant who is not a resident of MILTON. The out of city fee is capped at a maximum fee of $90.00. 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 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 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-residenf 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 some 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 boob/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 and for all of 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 of 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 hod o 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. 1.22 The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season qualify survey. The City will share the results with the PROVIDER. The PROVIDER must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and PROVIDER. 1.23 The PROVIDER agrees to continually strive to grow the programs) it is operating. For the facilities provided, the ideal number of participants is identified below. PROVIDERs shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and PROVIDER. Ideal Capacity: 14 total (per 4 class session) Previous Season Participation: Growth Goal for This Season: 3 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. 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.0 ,. 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 Co nge cation and Method of Eay enf 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, for any program conducted within CITY facilities, the CITY shall be entitled to a commission consisting of 11% of the registration fees for programs paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 57o of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge (capped at a maximum of $90.00) is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. For any programming scheduled at the PROVIDER'S location, no commissions will be collected. Further, Milton residents will be offered a discounted rate for specified programs. 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 "A99 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 If is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. ARTICLE 5.0 & l &P 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 if 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. 19 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 info the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and deaf h, 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: 0 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 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, 2019, 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 fen (10) business days prior to the scheduled cancellation. 7 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. 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans with Disabilities Act 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively complywith 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. E:3 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. 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 subconfractor, 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. 10.3 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. 0 All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and Jennifer Gross 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: TICE TO THE CITY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: Jennifer Gross Director 12315 Crabapple Road, Ste 118 Alpharettta, GA 30004 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. x Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being 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 arficle(s) or secfion(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: Its: (Assistant) Corporate Secretary (required if corporation) CITY: JOE LOCKWOOD, MAYOR �T A"0041 - , Its: (circle one) - President/Vice President (Corporation) G e tnership/Limited Partnership) Member/Manager (LL (CORPORATE SEAL] (required if corporation 12 Exhibit A: Bach to Rock - 2019 To be offered at City of Milton facilities - Rock City- designed for ages 3 to 5 years old and is a drop off class. Through dynamic musical and movement -based activities, exposure to live instruments and musically inspired story -time, budding young musicians gradually develop the skills needed to read music, play simple rhythms and develop fine motor control - skills that are essential for future success in playing an instrument. - Group Ukulele- will focus on the group aspect of ukulele performance. Through this 10 -week course, students learn the basics of ukulele and music theory. Students learn and play together in a team -like atmosphere, motivating and encouraging each other to practice and perform. Beginners will learn how to tune their instruments, how to strum their instrument and the positioning of chords. Popular song forms will also be covered. Songs will be selected based on the group's skill level. - Group Guitar- takes the student through the basics of their instrument and music theory, Guitar 101 will focus more on creating multi -part music as an ensemble, with the end result being a recording made in the studio and a performance at the end of the session. Students will learn and play together in a group setting. Beginners will learn first position chords and power chords; advanced students will work with barye chords and inversions. Popular song forms will also be covered. The songs will be selected based on the group's skill level. - Group Voice/Glee Club- Each student will explore fun vocal exercises, singing in harmony, and cool choreography while performing arrangements of popular songs. The B2R Glee Club provides a group learning experience that emphasizes reading music, intonation, listening skills, rhythm, and healthy vocal technique. The club will also get to show off its talent at an exclusive live performance. !11 111111!�Iiiiiiiimlllll'' 11 �Jio!J�� - Kids N bays- is designed for 5 to 7 -year olds. This class introduces children to the fundamentals of music and piano playing in a fun group-seffing and taught in three 8 lesson segments. Each class is 45 minutes long. Classes are $30 a session with a $35 materials fee which includes the curriculum, 32R folder, book bag, and a copy of the computer program we use, Music Ace, for of home practice. - Group Piano- (ages 7-r) Group piano class provides students with an excellent introduction to the keyboard and prepares them for more serious private study as well as playing in a band/ensemble. Most importantly, students will begin to develop the skill of playing music with their peers which provides a lifelong benefit. - Rock Bard- Our professional band coaches work closely with students and direct and train the bands. At B2R, students are placed incompatible bands according to their age and ability. Bands are usually made up of four to six players and a vocalist (who may also be one of the band's instrumentalists). This is in addition to all those fun ideas/workshops I emailed you before and the events we will be a part of. - Rock City- 16 -week class. The total is $240.00 - Group Ukulele- 10 -week class. The total is $310.00 (including materials) - Group Guitar- 10 -week class. The total is $320.00 (including materials) - Group Voice/Glee Club- 10 -week class. The total is $320,00 (including materials) To be offered at our school with a special COM discount: - Kids N Keys- is designed for 5 to 7 -year olds. This class introduces children to the fundamentals of music and piano playing in a fun group -setting and taught in three 8 lesson segments. Each class is 45 minutes long. Classes are $30 a session with a $35 materials fee which includes the curriculum, 132R folder, book bag, and a copy of the computer program we use, Music Ace, for at home practice. COM discount of 20% - Group Piano- (ages 7+) Group piano class provides students with an excellent introduction to the keyboard and prepares them for more serious private study as well as playing in a band/ensemble. Most importantly, students will begin to develop the skill of playing music with their peers which provides a lifelong benefit. COM discount of 20% - Rock Band- Our professional band coaches work closely with students and direct and train the bands. At B2R, students are placed incompatible bands according to their age and ability. Bands are usually made up of four to six players and a vocalist (who may also be one of the band's instrumentalists). COM discount of 20% 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: IN A I hereby declare under penalty of perjury that the eVerify Nu ber foregoing is true and correct. Date of Authorization Name of Contractor Name of Project Name of Public Employer 15 Executed on -2,?,201q in r"v1 (city), GAtstate). ';� 111 .6 A U� &--5�- Sign u of Au onze fficer r Agent , �00&'y C��Printed aN me and Title of Authorized Officer or Agent SU RIBED AND SWORN BEFORE ME ON THIS THE DAY OF Ir 1 V ,201. f NOTARY PUBLI 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: V I hereby declare under penalty of perjury that the eVerify Nu ber foregoing is true and correct. Executed on a20R in (city), Date of Authorization Name of Contractor Name of Project Name of Public Employer Signature fif Autht!I&ed Officer or Agent PrintedName and Title of Authorized Officer or Agent SUBSCRIBEDD SWORN BEF RE ME ON THIS THE G DAY OF (A14,201q. NOTARY PUB I [NOTARY SEAL] '%Jm Ito if ,pr 9,9 "{SOS 11 'miccinn�'kiaik$cJ r r l J w ^ober 11, 2019 B LV ��'•�,,�VS CIO. eRt CERTIFICATE OF LIABILI Y INSURANCE SR4NCE l 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT William Haynes CBIZ Insurance Services, Inc. PHONE 470-282-2550 fair Ne,. 678-297-7772 IS PHONE v..n• 2475 Aorthwinds Parkway Suite 500 Alpharetta, GA 111" INSURED Wavelength Learning Group dba Hach to Rock Alpharetta 12315 Crabapple Road, Suite 113 Alpharetta, GA 30004 INSURER A: Philadelphia Insurance Companies INSURER B: Property & Casualty Ins Co of Hartford INSURER C : E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: MAIC # 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 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. LTSRR TYPE OF INSURANCE ADDILSUIBR NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X X PHPKI 594449 1/01/2019 0110112020 EACH $1,000,000 �OCCURRENCE _ PREMISES Ea o. rance $100,000 MED EXP (Any one person) $5,000 _ PERSONAL &ADV INJURY $2,000000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F_] ECT LOC OTHER: GENERALAGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUX NON -OWNED TOS ONLY AUTOS X PHPKIS94449 i 1/01/2019 01/011202 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY $ (Per accident) $ A UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE PHUBS68584 1101/2019 0110112020 EACH OCCURRENCE s2,000,000 AGGREGATE s2,000.000 DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? ® (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A i 20WECAS0096 j I{E 0/07/2018 10/07/201 OTH- X PER ER E.L. EACH ACCIDENT $600,000 E.L. DISEASE - EA MPLOYEE $5002000 E E.L. DISEASE - POLICY LIMIT $500,000 i i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is included as an Additional Insured to General Liability as required by Written contract. City Of Milton, Georgia GeOr SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2006 Heritage Walk ACCORDANCE WITH THE POLICY PROVISIONS. Milton, Georgia 30004 AUTHORIZED REPRESENTATIVE CBIZ Insurance Services, Inc® ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD S2043677/M2031173 81 WH TO: FROM: MILTON, -----k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 25, 2019 Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing Brownwood Farm for Standard Smooth Dachshund Best in Breed 2019 Westminster Champion. MEETING DATE: Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES („ )'NO CITY ATTORNEY REVIEW REQUIRED: ( ) YES (,ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0 310412 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 Proclamation Recognizing Brownwood Farm for Standard Smooth Dachshund Best in Breed 2019 Westminster Champion WHEREAS, This year at the 143rd annual Westminster Kennel Club Dog Show held at Madison Square Garden in New York City, Brownwood Farm’s Standard Smooth Dachshund, “CH Brownwood MyMy V Diagram” was named champion of the Best in Breed Class; and WHEREAS, This marks the eighth win for Brownwood Farm at the prestigious Westminster Kennel Club Dog Show; and WHEREAS, Brownwood Farm, located in the heart of Milton on Wood Road has been established for over forty years as an equestrian riding school and breeding kennel; and WHEREAS, Owners, Jerry Cerasini and Roger Brown are active in the horse and dog show communities both locally and internationally; and WHEREAS, Mr. Cerasini serves as the President of the Atlanta Kennel Club and Mr. Brown was a founding board member of the Georgia Hunter Jumper Association; and WHEREAS, While Brownwood Farm is a well-established breeder of championship dogs, Brownwood Farm Owners consider the most rewarding aspect of their business to be the careful placement of their dogs as pets to loving homes; and WHEREAS, Brownwood Farm is one of Milton’s remaining established Agricultural uses. AG-1 businesses serve to remind our community of Milton’s rich and diverse rural heritage. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton hereby recognize Brownwood Farm on their success at the 2019 Westminster Kennel Club Dog Show. Given under my hand and seal of the City of Milton, Georgia on this 4th day of March, 2019. _______________________________ Joe Lockwood, Mayor MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 28, 2019 FROM: Steven Krokoff, City Managec:2) AGENDA ITEM: Proclamation Honoring Northwestern Middle School Student Jaden Martin-Burgess for His Heroic Action MEETING DATE: Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,y1(PPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED /4 ~ (-4~ APPRO\ff.D 2006 Heritage Walk Milton , GA P: 678 .242 .2500 IF : 678 .242 .2499 info@cityofmiltonga.usIwww.cityofmiltonga.us O GOO Proclamation Honoring Northwestern Middle School Student Jaden Martin-Burgess for His Heroic Efforts WHEREAS, Jaden Martin-Burgess is an 8th grader at Northwestern Middle School in Milton, Georgia; and WHEREAS, Jaden and his class learned about fire safety through the public education programs provided by Milton Fire-Rescue Department Captain Johnny Gomez in partnership with area Fulton County Schools; and WHEREAS, Just a few days after learning about fire safety from Captain Gomez, Jaden applied what he learned, acting bravely and knowledgably when an oven fire started at his home; and WHEREAS, He calmly and quickly brought his napping six-month-old and three-year-old brothers out of the house to safety, before calling 9-1-1; and WHEREAS, Jaden’s swift action and bravery saved his brothers, himself and his family home. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby commend Jaden Martin-Burgess for applying his fire safety education and acting heroically in the face of danger to protect his loved ones, and for being an exemplary member of the community. Given under my hand and seal of the City of Milton, Georgia on this 4th day of March, 2019. _______________________________ Joe Lockwood, Mayor MILTON ~ ESTABLISHED 2006 CI TY COUNCIL AGENDA ITEM TO: City Council DATE: February 25, 2019 FROM: Steven Krokoff , City Manager 0 AGENDA ITEM: Consideration of RZl 9-01 -Amendment to Sec. 64-1 - Definitions and Section 64-395 -Uses Prohibited in all Zoning Districts as it relates to Vape Shops. M EETING DATE: Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( .)/4.PPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQU IRED : (,{YES (/(ES APPROVAL BY CITY ATTORNEY: WA PP ROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton . GA P: 678.242 .2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us OGO O From: Parag Agrawal, AICP, Community Development Director To: Honorable Mayor and City Council Members Re: Text Amendment – RZ19-01 – Amendment to Sec. 64-1 – Definitions and Sec. 64-395 – Uses Prohibited in all zoning districts as it relates to vape shops Date: February 28, 2019 for the March 18, 2019 Mayor and City Council Meeting (March 4, 2019 First Presentation and March 11, 2019 Council Work Session) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of the text amendment is to prohibit vape shops entirely within the City of Milton. The amendment attached includes a definition of vape shops (Sec. 64-1) as well as the prohibition of vape shops in all zoning districts (Sec. 64- 395). Currently there is only one vape shop that operates within the City and is located at 631 North Main Street (Hwy 9). This business will be allowed to continue to operate as it was in existence prior to the adoption of these proposed regulations. The reason for this text amendment is that recently in our area, the use of marijuana substitutes has caused several of our city’s teens the need to seek urgent medical attention after ingestion. Though currently legal, these largely unregulated products, typically sold in convenience stores or vape shops, contain ingredients that are known to be harmful. On July 19, 2018, the United States Food and Drug Administration (FDA) issued a warning related to these products. According the FDA: “There are a number of synthetic marijuana products being illegally marketed and used for their psychoactive effects. The FDA has previously worked with the Drug Enforcement Administration (DEA) to place several synthetic cannabinoids into Schedule I of the Controlled Substances Act to avoid an imminent hazard to public safety. Generally, these products have been known to be associated with adverse effects including rapid heart rate, vomiting, violent behavior and suicidal thoughts, and an increase in blood pressure, as well as causing reduced blood supply to the heart, kidney damage, and seizures. By prohibiting new vape shops, this will hopefully assist in limiting the ongoing purchase and ingestion of these type of products. Planning Commission Meeting on February 27, 2019 The Planning Commission supported the proposed text amendment to create a new definition for vape shops and prohibition of vape shops in all zoning districts. During the Commission’s deliberation the following suggestions were made for the definition of vape shops: 1) Consider lowering the definition of “primary” product line from 50 percent to a lower number. 2) Consider minimum age for purchase to be 21 instead of 18. 3) The word “electronic” be substituted for the reference to “e” in the listing of types of devices. 4) To include the verbiage “For the purposes of this section before the reference” to proceed the terms “alternative nicotine products” and “vape juice”. Staff has requested that the City Attorney and the Police Department provide feedback prior to any further changes be made to this ordinance. Legal Review: Jarrard & Davis (January 2019) Attachment(s): Text Amendment to Sec. 64-1 and Sec. 64-395 RZ19-01 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 18, 2019 (First Presentation on March 4, 2019 and Work Session on March 11, 2019) Sec. 64-1 Definitions Vape Shop means any business whose primary product line for retail sale is alternative nicotine products or vape juice, or both. Alternative nicotine products refer to any products or devices that employ an electronic heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine to the person inhaling from the device, including e-cigarettes, e-cigars, e-hookahs, e-bongs and e-pipes, whether manufactured, distributed, marketed, or sold as an e- cigarette, e-cigar, or e-pipe. Vape juice refers to any liquid that contains compounds containing pharmaceutical grade vegetable glycerin, propylene glycol, nicotine, food-grade flavoring, and water, and can be used for vaping by means of an alternative nicotine product. For purposes of this code section, “primary” shall mean that alternative nicotine products, vape juice, or both constitute at least fifty percent of the business’s aggregate retail sales. Sec. 64-395. - Uses prohibited in all zoning districts. In all zoning districts the following uses are considered objectionable and are prohibited: Fortune telling establishment, massage parlor, pool hall, escort and dating services, vape shops, and tattoo and body art or piercing establishment. MILTON \r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2019 FROM: Steven Krokoff, City Manager (}) AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia Opposing House Bill 302, Preemption of Local Building Design Standards. MEETING DATE: Monday, March 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (..( APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: o3/o 4 ) u, q () NOT APPROVED (.yNO (JINO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678 .242 .2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0800 Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. FULTON COUNTY RESOLUTION OF THE CITY OF MILTON, GEORGIA OPPOSING HOUSE BILL 302, PREEMPTION OF LOCAL BUILDING DESIGN STANDARDS WHEREAS, HB 302 would prohibit local governments from regulating “building design elements” in single or double family dwellings, which could negatively impact economic development efforts and harm competitiveness; and WHEREAS, appropriate local design standards and land use policies create a diverse, stable, profitable and sustainable residential development landscape; and WHEREAS, HB 302 is a bill that would undermine self-determination of citizens to establish community standards as illustrated by the following: • Municipal and county officials are elected in part to make decisions about the look and feel of their communities, which fosters economic development, preserves the character of communities; and • Municipalities and counties use design standards to ensure that the property values of surrounding property owners remain protected from incompatible development; and • HB 302 would severely erode the ability of all 538 Georgia cities and 159 counties to address unique and community-specific quality of life issues. WHEREAS, county and municipal governments use building design standards to protect property values, attract high quality builders, and block incompatible development; and WHEREAS, building design standards assure residents and business owners that their investments will be protected, and that others who come behind them will be equally committed to quality; and WHEREAS, local governments spend a large amount of resources studying, surveying, crafting, and defining their vision and development strategies, and design standards are an integral part of those endeavors to attract residents, businesses, and the much-coveted trained workforce; and WHEREAS, development and redevelopment efforts should reflect the community and its vision while simultaneously creating a sense of place; and WHEREAS, county and municipal government officials are elected to make decisions about the look and feel of their communities, and HB 302 would transfer that power from duly-elected local leaders to outside groups with little to no stake in the future or success of Georgia’s municipalities, including real estate developers and homebuilders; and Page 2 of 2 WHEREAS, building design standards neither discourage nor favor affordable housing, nor prevent the availability of certain housing types, as supporters of HB 302 purport; and WHEREAS, local governments should have the ability to provide more affordable housing options without sacrificing their unique character or threatening economic growth; and WHEREAS, although historic districts are protected in HB 302, which indicates an understanding that standards do in fact make sense, downtown overlays or other similar special zoning districts are not; and WHEREAS, local governments should be empowered to enforce building design standards to make today’s thriving downtown tomorrow’s historic district; and WHEREAS, by limiting the ability of local governments to enforce building design standards in single or double family dwellings, HB 302 would negatively impact quality-of-life issues, including economic growth and the safety and welfare of Georgia citizens. NOW, THEREFORE, BE IT RESOLVED BY THE Mayor and City Council that the governing body voices its opposition to HB 302, Preemption of Local Building Design Standards. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to members of the City of Milton local delegation and made available for distribution to the public and the press. The above Resolution was read and approved by the Mayor and Council of the City of Milton on the 4th day of February 2019. ______________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk