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Agenda Packet - CC - 02/21/2018
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 Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Wednesday, February 21, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Jason Howard, Stonecreek Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 18-053) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 21, 2018 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 5) CONSENT AGENDA 1. Approval of the February 5, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-054) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending December 2017. (Agenda Item No. 18-055) (Bernadette Harvill, Finance Director) 3. Approval of the Financial Statements and Investment Report for the Period Ending January 2018. (Agenda Item No. 18-056) (Bernadette Harvill, Finance Director) 4. Approval of a Franchise Fee Agreement between the City of Milton and Comcast. (Agenda Item No. 18-057) (Stacey Inglis, Assistant City Manager) 5. Approval of a Professional Services Agreement between the City of Milton and InterDev, LLC, for an Information Technology Assessment. (Agenda Item No. 18-058) (David Frizzell, IT Manager) 6. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Milton Tennis Center. (Agenda Item No. 18-059) (Jim Cregge, Parks & Recreation Director) 7. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Music Therapy Services of Greater Atlanta. (Agenda Item No. 18-060) (Jim Cregge, Parks & Recreation Director) 8. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and North Georgia Recreation, Inc. (Agenda Item No. 18-061) (Jim Cregge, Parks & Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 21, 2018 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Sperber Music. (Agenda Item No. 18-062) (Jim Cregge, Parks & Recreation Director) 10. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Eagle Stix Rec Inc. (Agenda Item No. 18-063) (Jim Cregge, Parks & Recreation Director) 11. Approval of Change Order #1 for the Professional Services Agreement for the Revision of the City’s Tree Preservation Ordinance. (Agenda Item No. 18-064) (Kathleen Field, Community Development Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. (Agenda Item No. 18-065) (Jim Cregge, Parks and Recreation Director) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License to Alpharetta Athletic Club Owner, LLC., d/b/a Crooked Creek Club, 3430 Highway 9, Milton, Georgia 30004. (Agenda Item No. 18-066) (Bernadette Harvill, Finance Director) 2. Consideration of the Issuance of an Alcohol Beverage License to Guitron Webb Road, LLC., d/b/a Blue River Tavern, 12990 Highway 9 N., Suite 102, Milton, Georgia 30004. (Agenda Item No. 18-067) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 21, 2018 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Request for Sewer Extension of 4 Lots Located Contiguous to the Manor Subdivision on Hamby Road. (Agenda Item No. 18-040) (Deferred at the January 29, 2018 City Council Meeting ) (Steve Krokoff, City Manager) 11) NEW BUSINESS 1. Consideration of a Resolution to Adopt the North Fulton Comprehensive Transportation Plan. (Agenda Item No. 18-068) (Sara Leaders, Transportation Engineer) 2. Consideration of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Woodwinds Phase II Land Lot 850, 851, 878, & 879 New Providence Road Final Plat Revision 23 Lots 34.262 .67 Lots / Acre (Agenda Item No. 18-069) (Kathleen Field, Community Development Director) 12) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Finance 3. Community Outreach 4. Information Technology MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 21, 2018 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 18-070) MILTON'IP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 9, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending December 2017. MEETING DATE: Wednesday, February 21, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�4PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (-KN CITY ATTORNEY REVIEW REQUIRED: () YES (,KNO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: L) L' 12 L 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltongo.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 2, 2018 for the February 21, 2018 Regular Council Meeting Agenda Item: Financial Statements for Period 3 – December 2017 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 6.84% over what is anticipated for the third period of the fiscal year. Total expenditures to-date are $6,256,779 and are 7.44% 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 $26,719,193, capital expenditures-to-date total $2,192,840. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending December 2017 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,900,000 4,498,648 4,216,049 282,598 5,733,422 5,267,491 465,931 Motor Vehicle Tax 452,000 41,961 37,350 4,611 93,917 74,700 19,217 Intangible Tax 265,000 18,179 22,075 (3,896) 40,505 66,224 (25,718) Real Estate Transfer Tax 84,000 7,470 6,972 498 14,595 13,944 651 Franchise Fees 1,950,870 1,010 - 1,010 5,416 - 5,416 Local Option Sales Tax 8,500,000 735,267 705,500 29,767 1,450,935 1,411,000 39,935 Alcohol Beverage Excise Tax 298,000 27,792 24,734 3,058 55,129 49,468 5,661 Business & Occupation Tax 675,000 9,285 13,500 (4,215) 11,221 13,500 (2,279) Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 38,150 - - - - - - Penalties & Interest 23,900 3,080 2,288 792 7,256 5,763 1,493 Alcohol Beverage Licenses 145,000 24,933 7,250 17,683 137,258 145,000 (7,742) Other Non-Business Permits/Licenses 18,100 2,240 1,483 757 7,393 4,699 2,695 Zoning & Land Disturbance Permits 48,350 3,410 4,028 (618) 8,050 12,083 (4,033) Building Permits 335,000 24,630 26,800 (2,170) 85,663 87,100 (1,437) Intergovernmental Revenue - - - - - - - Other Charges for Service 444,300 35,243 57,856 (22,613) 146,953 119,873 27,080 Municipal Court Fines 475,000 18,082 35,245 (17,163) 94,556 121,173 (26,617) Interest Earnings 61,000 7,997 5,081 2,916 24,044 15,244 8,800 Contributions & Donations - 8 - 8 3,588 - 3,588 Other Revenue 63,200 1,350 5,248 (3,898) 14,834 15,744 (911) Other Financing Sources 15,000 - 1,250 (1,250) - 3,750 (3,750) Total Revenues 26,791,870 5,460,583 5,172,709 287,874 7,934,734 7,426,754 507,979 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 168,869 9,378 11,746 (2,368) 36,698 42,223 (5,526) City Clerk 353,535 14,392 17,143 (2,751) 148,802 196,851 (48,049) City Manager 720,886 61,147 54,018 7,129 191,002 185,512 5,490 General Administration 60,374 1,452 4,975 (3,523) 10,396 14,980 (4,584) Finance 495,534 54,933 57,834 (2,902) 140,130 157,087 (16,957) Legal 275,000 29,507 22,908 6,600 80,937 68,723 12,215 Information Technology 787,417 122,368 61,777 60,591 248,474 223,350 25,124 Human Resources 333,864 25,536 25,597 (62) 69,601 79,110 (9,509) Risk Management 258,600 - - - 147,209 147,209 - General Government Buildings 197,970 11,864 16,457 (4,594) 33,255 49,772 (16,518) Communications 198,926 8,396 15,337 (6,940) 33,284 49,529 (16,245) Community Outreach & Engagement 118,746 9,428 9,891 (463) 26,827 29,674 (2,847) Municipal Court 422,656 30,610 33,264 (2,654) 95,881 102,625 (6,744) Police 4,731,094 386,873 379,843 7,030 1,138,692 1,237,829 (99,137) Fire 6,941,347 509,852 519,626 (9,774) 1,867,954 2,021,062 (153,107) Public Works 2,405,438 167,685 173,601 (5,916) 515,115 598,867 (83,752) Parks & Recreation 1,127,527 41,035 54,346 (13,310) 121,203 168,928 (47,725) Community Development 1,127,903 81,128 81,503 (376) 226,000 243,942 (17,942) Economic Development 272,011 33,609 39,592 (5,983) 85,477 102,607 (17,131) Debt Service - Capital Lease Payment 851,712 - - - 734,112 734,112 - Operating Transfers to Other Funds 1,240,374 101,910 101,910 - 305,731 305,731 - Operating Reserve 94,119 - - - - - - Total expenditures 23,183,902 1,701,105 1,681,371 19,733 6,256,779 6,759,724 (502,945) Net Income/(Loss)3,607,968 3,759,478 1,677,955 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 Earth Day Vendor Fee -$ -$ -$ -$ Hometown Jubilee Vendor Fee - - - - Interest Revenues - 0 1 1 Crabapple Fest Sponsor 15,000 - - (15,000) Earth Day Sponsor 1,000 - - (1,000) Summer Event Sponsor 5,000 - - (5,000) Mayor's Run Sponsor 1,000 - - (1,000) Literary Festival Sponsor 500 - - (500) Donations - - - - Gas South Partnership - 285 703 703 Mayor's Run Reg. Fees - - - - Holiday Card Sales 2,000 - - (2,000) Literary Festival Food Sales - - 380 380 Literary Festival Book & Author Event - - 260 260 Total revenues 24,500$ 285$ 1,344$ (23,156)$ EXPENDITURES Current: Special Events 109,588$ 969$ 38,502$ 71,086$ Total Expenditures 109,588$ 969$ 38,502$ 71,086$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 17,450$ 1,454$ 4,363$ (13,088)$ Transfers in from Hotel/Motel Tax Fund 47,000 5,632$ 12,927 (34,073) Total other financing sources and uses 64,450$ 7,086$ 17,290$ (47,160)$ Net change in fund balances (20,638)$ (19,868)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2017 3 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Interest Revenue - - - - Total revenues -$ -$ -$ -$ EXPENDITURES Current: Economic Development -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers in from General Fund 50,000$ 4,167$ 12,500$ (37,500)$ Net change in fund balances (50,000)$ (12,500)$ City of Milton Economic Development Incentives Bank Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2017 4 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/US Marshal - - - - Cash Confiscations/Federal Funds - - - - Interest Revenues/State Funds - 2 5 5 Interest Revenues/Federal Funds - 3 8 8 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 4$ 13$ 13$ EXPENDITURES Current: Police -$ -$ 13,120$ (13,120)$ Total Expenditures -$ -$ 13,120$ (13,120)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ (13,107)$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2017 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 930,000$ 37,366$ 69,219$ (860,781)$ Interest Revenue - - - - Total revenues 930,000$ 37,366$ 69,219$ (860,781)$ EXPENDITURES Current: Public Safety 930,000$ 69,219$ 69,219$ 860,781$ Total Expenditures 930,000$ 69,219$ 69,219$ 860,781$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ -$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2017 6 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 73,000$ 5,632$ 12,927$ (60,073)$ Total revenues 73,000$ 5,632$ 12,927$ (60,073)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 73,000 5,632 12,927 (60,073) Total other financing sources and uses 73,000$ 5,632$ 12,927$ (60,073)$ 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 December 31, 2017 7 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 105,000$ 105,000$ 370$ 370$ (104,630)$ Infrastructure Maint Penalty & Interest - - - - - Sidewalk Replacement Account - - - - - Paving Fund - - - - - Traffic Calming - - - - - Tree Recompense - - - - - Landfill Host Fees 130,000 130,000 - - (130,000) HYA Fees - - - - Interest Revenue - - 70 77 77 Realized Gain or Loss on Investments - - - - - Cell Tower Lease 77,400 77,400 6,617 14,870 (62,530) Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Parks & Rec - - - - - Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend - - - - - Capital Lease Proceeds - - - - - Total revenues 312,400$ 312,400 7,057$ 15,316$ (297,084)$ EXPENDITURES Capital Outlay City Council 913,348$ 985,348$ -$ 18,314$ 967,035$ General Admin 27,762 13,762 - 13,762 General Govt Bldg 12,222,030 10,627,694 100,084 1,235 10,626,460 Finance - - - - - IT 49,662 49,662 - - 49,662 Court - - - - - Police 187,283 37,283 28,394 28,394 8,889 Fire 2,161,735 1,878,453 30,179 30,179 1,848,274 Public Works 9,195,342 8,128,027 204,310 1,364,790 6,763,238 Parks & Recreation 4,539,431 4,239,431 - 748,931 3,490,500 Community Development 777,531 759,531 - 997 758,534 Total Capital Outlay 30,074,126$ 26,719,193$ 362,967$ 2,192,840$ 24,526,353$ Excess of revenues over expenditures (29,761,726)$ (26,406,793) (355,910)$ (2,177,523)$ (24,823,437)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 9,249,656$ 1,194,174$ 99,514.50$ 298,543.50$ (895,631)$ Transfers in from Capital Grant Fund - - - - - Transfers in from E-911 Fund - - - - - Impact Fees/Law Enforcement Fund - - - - - Impact Fees/Fire - - - - - Impact Fees/Road - - - - - Impact Fees/Park - - - - - Transfer to the General Fund - - - - - Unallocated - - - - - Lease Proceeds - - - - - Proceeds of Sale of Assets - - - - Budgeted Fund Balance - - - - - Total other financing sources and uses 9,249,656$ 1,194,174 99,515$ 298,544$ (895,631)$ Net change in fund balances (20,512,070)$ (25,212,619) (1,878,980)$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2017 8 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 731,992$ 298,994$ 381,830$ (350,162) Real Property Tax-Prior Year - - - - Personal Property Tax-Current Year - 5,558 6,506 6,506 Intergovernmental Revenues - - - - Interest Revenue (Regions)120,000 18,796 56,924 (63,076) Interest Revenue (SunTrust)- - - - Bond Proceeds - - - - Total revenues 851,992$ 323,349$ 445,260$ (406,732)$ EXPENDITURES Capital Outlay Parks & Recreation 25,172,767 142,410 142,410 25,030,357 Bond Principal - - - - Bond Interest 731,992 - 282,304 449,688 Total Capital Outlay 25,904,759$ 142,410$ 424,714$ 307,278$ Excess of revenues over expenditures (25,052,767)$ 180,939$ 20,546$ (99,454)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund - - - - Revenue Bond Proceeds - - - - Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (25,052,767)$ 20,546$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2017 9 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,185,000$ 504,035$ 999,086$ (5,185,914) Interest Revenues 119 303 303 Total revenues 6,185,000$ 504,154$ 999,389$ 303$ EXPENDITURES Capital Outlay Public Works 6,343,451 15,836 40,836 6,302,614 Total Capital Outlay 6,343,451$ 15,836$ 40,836$ 6,302,614$ Excess of revenues over expenditures (158,451)$ 488,318$ 958,552$ 7,302,003$ 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 (158,451)$ 958,552$ 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 December 31, 2017 10 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)- - - - CDBG - - - - LMIG Funds 397,791 - - (397,791) GDOT HPP Funds 3,688,483 - - (3,688,483) MARTA Grant - - - - SR 9 @ Bethany Bend Grant - - - - GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - Interest Revenues - 18 38 38 Total revenues 4,590,336$ 18$ 38$ (4,590,298)$ EXPENDITURES Capital Outlay Public Works 5,714,911$ 61,816$ 65,089$ 8,649,822$ Community Development 4,900 - - 4,900 Total Capital Outlay 5,719,811$ 61,816$ 65,089$ 8,654,722$ Excess of revenues over expenditures (1,129,475)$ (61,798)$ (65,051)$ 4,064,424$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 328,750$ 27,396$ 82,188$ (246,563)$ Transfers in to General Fund - -$ -$ -$ Budgeted Fund Balance - - - - Total other financing sources and uses 328,750$ 27,396$ 82,188$ (246,563)$ Net change in fund balances (800,725)$ 17,136$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2017 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 43,500$ 2,486$ 7,803$ (35,697)$ Law Enforcement Fund 23,000 1,043 3,868 (19,132) Fire Fund 130,500 5,979 22,164 (108,336) Road Fund 323,000 7,462 53,836 (269,164) Park Fund 976,000 68,366 180,238 (795,762) Interest Revenues/Admin Fund - 0 1 1 Interest Revenues/Law Enforcement Fund - 0 1 1 Interest Revenues/Fire Fund - 0 3 3 Interest Revenues/Road Fund - 1 8 8 Interest Revenues/Park Fund - 5 21 21 Total revenues 1,496,000$ 85,342$ 267,942$ (1,228,058)$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures 1,496,000$ 85,342$ 267,942$ (1,228,058)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfer Out to General Fund/Admin (43,500) - - 43,500 Transfer Out to Capital Projects Fund/Law Enf (23,000) - - 23,000 Transfer Out to Capital Projects Fund/Fire (130,500) - - 130,500 Transfer Out to Capital Projects Fund/Road (323,000) - - 323,000 Transfer Out to Capital Projects Fund/Park (976,000) 976,000 Total other financing sources and uses (1,496,000)$ -$ -$ 1,496,000$ Net change in fund balances -$ 267,942$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2017 12 of 13 Amount Percent Yield Money Market - Quantum Bank 7,229,480 58%0.55% Money Market - EastWest Bank 4,856,108 39%1.03% GA Fund 1 330,991 3%1.21% Grand Total Investment Portfolio 12,416,580 100% Current Month YTD Interest earned 7,932 23,862 Budgeted interest 5,000 15,000 Variance over/(under)2,932 8,862 Month Ending December 31, 2017 Investment Portfolio City of Milton 13 of 13 TO: FROM: AGENDA ITEM: MEETING DATE: MILTONIrl ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 13, 2018 Steven Krokoff, City Manager Approval of the Financial Statements and Investment Report for the Period Ending January 2018. Wednesday, February 21, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,-'NO CITY ATTORNEY REVIEW REQUIRED: () YES („ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oz/7010t 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 infoacityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 13, 2018 for the February 21, 2018 Regular Council Meeting Agenda Item: Financial Statements for Period 4 – January 2018 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 5.78% over what is anticipated for the fourth period of the fiscal year. Total expenditures to-date are $7,832,433 and are 6.53% 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 $26,719,193, capital expenditures-to-date total $2,269,815. Please note that beginning in January 2018 the financial statements for capital related funds will 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 2018 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,900,000 4,779,542 4,734,680 44,862 10,512,963 10,002,170 510,793 Motor Vehicle Tax 452,000 39,362 37,350 2,012 133,279 112,050 21,229 Intangible Tax 265,000 21,666 22,075 (408) 62,171 88,298 (26,127) Real Estate Transfer Tax 84,000 7,292 6,972 320 21,887 20,916 971 Franchise Fees 1,950,870 - 810 (810) 5,416 810 4,606 Local Option Sales Tax 8,500,000 868,544 705,500 163,044 2,319,480 2,116,500 202,980 Alcohol Beverage Excise Tax 298,000 27,192 24,734 2,458 82,320 74,202 8,118 Business & Occupation Tax 675,000 122,514 121,500 1,014 133,735 135,000 (1,265) Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 38,150 - - - - - - Penalties & Interest 23,900 496 1,318 (821) 7,752 7,081 671 Alcohol Beverage Licenses 145,000 9,000 - 9,000 146,258 145,000 1,258 Other Non-Business Permits/Licenses 18,100 1,430 1,983 (553) 8,823 6,682 2,142 Zoning & Land Disturbance Permits 48,350 2,905 4,028 (1,123) 10,955 16,110 (5,155) Building Permits 335,000 37,829 20,100 17,729 123,492 107,200 16,292 Intergovernmental Revenue - - - - - - - Other Charges for Service 444,300 36,847 36,085 762 183,799 154,147 29,652 Municipal Court Fines 475,000 - - - 94,556 118,750 (24,194) Interest Earnings 61,000 7,744 5,081 2,663 31,788 20,325 11,463 Contributions & Donations - 500 - 500 4,088 - 4,088 Other Revenue 63,200 14,116 5,248 8,868 28,950 20,992 7,958 Other Financing Sources 15,000 - 1,250 (1,250) - 5,000 (5,000) Total Revenues 26,791,870 5,976,980 5,728,712 248,267 13,911,713 13,151,234 760,479 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 168,869 9,793 13,997 (4,204) 47,470 56,220 (8,751) City Clerk 353,535 12,175 17,156 (4,980) 160,988 214,007 (53,019) City Manager 720,886 53,390 54,278 (888) 244,506 239,790 4,716 General Administration 60,374 1,632 4,975 (3,343) 12,508 19,955 (7,447) Finance 495,534 39,680 33,165 6,515 179,831 190,252 (10,421) Legal 275,000 543 - 543 81,480 68,750 12,730 Information Technology 787,417 50,796 36,841 13,955 303,066 260,191 42,875 Human Resources 333,864 20,750 29,467 (8,717) 90,813 105,079 (14,265) Risk Management 258,600 - - - 147,209 147,209 - General Government Buildings 197,970 9,542 16,457 (6,915) 43,863 66,230 (22,367) Communications 198,926 12,397 16,162 (3,765) 47,107 65,691 (18,584) Community Outreach & Engagement 118,746 9,938 9,811 128 37,005 40,212 (3,207) Municipal Court 422,656 29,975 33,492 (3,517) 125,885 136,116 (10,232) Police 4,731,094 397,205 410,983 (13,778) 1,547,518 1,637,308 (89,789) Fire 6,941,347 561,243 558,873 2,370 2,434,255 2,579,859 (145,605) Public Works 2,405,438 113,027 136,643 (23,615) 631,395 743,449 (112,054) Parks & Recreation 1,127,527 30,056 52,151 (22,095) 151,352 221,829 (70,477) Community Development 1,127,903 79,880 87,107 (7,227) 306,332 329,528 (23,196) Economic Development 272,011 12,516 13,157 (641) 98,098 116,491 (18,393) Debt Service - Capital Lease Payment 851,712 - - - 734,112 734,112 - Operating Transfers to Other Funds 1,240,374 101,910 101,910 - 407,641 407,641 - Operating Reserve 94,119 - - - - - - Total expenditures 23,183,902 1,546,450 1,626,624 (80,174)7,832,433 8,379,918 (547,485) Net Income/(Loss)3,607,968 4,430,530 6,079,280 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 Earth Day Vendor Fee -$ -$ -$ -$ Hometown Jubilee Vendor Fee - - - - Interest Revenues - 0 1 1 Crabapple Fest Sponsor 15,000 - - (15,000) Earth Day Sponsor 1,000 - - (1,000) Summer Event Sponsor 5,000 - - (5,000) Mayor's Run Sponsor 1,000 - - (1,000) Literary Festival Sponsor 500 - - (500) Donations - - - - Gas South Partnership - 294 997 997 Mayor's Run Reg. Fees - - - - Holiday Card Sales 2,000 - - (2,000) Literary Festival Food Sales - - 380 380 Literary Festival Book & Author Event - - 260 260 Total revenues 24,500$ 294$ 1,638$ (22,862)$ EXPENDITURES Current: Special Events 109,588$ -$ 39,202$ 70,386$ Total Expenditures 109,588$ -$ 39,202$ 70,386$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 17,450$ 1,454$ 5,817$ (11,633)$ Transfers in from Hotel/Motel Tax Fund 73,000 5,455$ 18,382 (54,618) Total other financing sources and uses 90,450$ 6,909$ 24,199$ (66,251)$ Net change in fund balances 5,362$ (13,365)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2018 3 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Interest Revenue -$ -$ -$ -$ -$ Total revenues -$ -$ -$ -$ -$ EXPENDITURES Current: Economic Development -$ -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ -$ Transfers in from General Fund 50,000 - - - - Net change in fund balances (50,000)$ -$ -$ City of Milton Economic Development Incentives Bank Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2018 4 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/US Marshal - 6,221 6,221 6,221 Cash Confiscations/Federal Funds - - - - Interest Revenues/State Funds - 2 7 7 Interest Revenues/Federal Funds - 3 10 10 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 6,225$ 6,239$ 6,239$ EXPENDITURES Current: Police -$ -$ 13,120$ (13,120)$ Total Expenditures -$ -$ 13,120$ (13,120)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ (6,881)$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2018 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 930,000$ 156,575$ 225,794$ (704,206)$ Interest Revenue - - - - Total revenues 930,000$ 156,575$ 225,794$ (704,206)$ EXPENDITURES Current: Public Safety 930,000$ -$ 69,219$ 860,781$ Total Expenditures 930,000$ -$ 69,219$ 860,781$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ 156,575$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2018 6 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 73,000$ 5,455$ 18,382$ (54,618)$ Total revenues 73,000$ 5,455$ 18,382$ (54,618)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 73,000 5,455 18,382 (54,618) Total other financing sources and uses 73,000$ 5,455$ 18,382$ (54,618)$ 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, 2018 7 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 105,000$ 105,000$ 14,000$ 14,370$ 14,370$ (90,630)$ Infrastructure Maint Penalty & Interest - - - - - - Sidewalk Replacement Account - - - - - - Paving Fund - - - - - - Traffic Calming - - - - - - Tree Recompense - - - - - - Landfill Host Fees 130,000 130,000 28,498 28,498 28,498 (101,502) HYA Fees - - - - - Interest Revenue - - 90 166 166 166 Realized Gain or Loss on Investments - - - - - - Cell Tower Lease 77,400 77,400 6,617 21,487 21,487 (55,913) Insurance Proceeds/Public Safety - - - - - - Insurance Proceeds/Parks & Rec - - - - - - Insurance Proceeds/Public Works - - - - - - Atlanta HIDTA Stipend - - - - - - Capital Lease Proceeds - - - - - - Total revenues 312,400$ 312,400 49,205$ 64,521$ 64,521$ (247,879)$ EXPENDITURES Capital Outlay City Council 913,348$ 985,348$ -$ 18,314$ 27,985$ 957,363$ General Admin 27,762 13,762 - 13,762 General Govt Bldg 12,222,030 10,627,694 - 2,535 12,061 10,615,633 Finance - - - - - - IT 49,662 49,662 - - 49,663 (0) Court - - - - - - Police 187,283 37,283 - 28,394 28,394 8,889 Fire 2,161,735 1,878,453 - 30,179 805,996 1,072,457 Public Works 9,195,342 8,128,027 25,675 1,390,465 2,746,939 5,381,088 Parks & Recreation 4,539,431 4,239,431 50,000 798,931 866,554 3,372,878 Community Development 777,531 759,531 - 997 356,424 403,107 Total Capital Outlay 30,074,126$ 26,719,193$ 75,675$ 2,269,815$ 4,894,016$ 21,825,177$ Excess of revenues over expenditures (29,761,726)$ (26,406,793) (26,470)$ (2,205,294)$ (4,829,495)$ (22,073,056)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 9,249,656$ 1,194,174$ 132,686.00$ 132,686.00$ 132,686.00$ (1,061,488)$ Transfers in from Capital Grant Fund - - - - - - Transfers in from E-911 Fund - - - - - - Impact Fees/Law Enforcement Fund - - - - - - Impact Fees/Fire - - - - - - Impact Fees/Road - - - - - - Impact Fees/Park - - - - - - Transfer to the General Fund - - - - - - Unallocated - - - - - - Lease Proceeds - - - - - - Proceeds of Sale of Assets - - - - - Budgeted Fund Balance - - - - - - Total other financing sources and uses 9,249,656$ 1,194,174 132,686$ 132,686$ 132,686$ (1,061,488)$ Net change in fund balances (20,512,070)$ (25,212,619) (2,072,608)$ (4,696,809)$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2018 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 Real Property Tax-Current Year 731,992$ 317,232$ 699,062$ 699,062$ (32,930)$ Real Property Tax-Prior Year - - - - - Personal Property Tax-Current Year - 6,862 13,368 13,368 13,368 Penalties & Interest - Real Property - 626 626 626 626 Penalties & Interest - Personal Property - 1 1 1 1 Intergovernmental Revenues - - - - - Interest Revenue (Regions)120,000 22,635 79,559 79,559 (40,441) Interest Revenue (SunTrust)- - - - - Bond Proceeds - - - - - Total revenues 851,992$ 347,356$ 792,616$ 792,616$ (59,376)$ EXPENDITURES Capital Outlay Parks & Recreation 25,172,767$ 292,110$ 434,520$ 434,520$ 24,738,247$ Bond Principal - - - - - Bond Interest 731,992 - 282,304 282,304 449,688 Total Capital Outlay 25,904,759$ 292,110$ 716,824$ 716,824$ 15,168$ Excess of revenues over expenditures (25,052,767)$ 55,246$ 75,792$ 75,792$ (44,208)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds - - - - - Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (25,052,767)$ 75,792$ 75,792$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2018 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 6,185,000$ 593,887$ 1,592,972$ 1,592,972$ (4,592,028) Interest Revenues 134 437 437 437 Total revenues 6,185,000$ 594,021$ 1,593,409$ 1,593,409$ (4,591,591)$ EXPENDITURES Capital Outlay Public Works 6,343,451$ 14,148$ 54,984$ 276,774$ 6,066,677 Total Capital Outlay 6,343,451$ 14,148$ 54,984$ 276,774$ 6,066,677$ Excess of revenues over expenditures (158,451)$ 579,873$ 1,538,425$ 1,316,635$ 7,660,086$ 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 (158,451)$ 1,538,425$ 1,316,635$ 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, 2018 10 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 Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ -$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)- - - - - - CDBG - - - - - - LMIG Funds 397,791 397,791 - - - (397,791) GDOT HPP Funds 3,688,483 3,688,483 - - - (3,688,483) MARTA Grant - - - - - - SR 9 @ Bethany Bend Grant - - - - - - GDOT-Signage/Landscaping 4,062 4,062 - - - (4,062) Trail Connection to Big Creek Greenway - - - - - - Interest Revenues - - 20 58 58 58 Total revenues 4,590,336$ 4,590,336$ 20$ 58$ 58$ (4,590,277)$ EXPENDITURES Capital Outlay Public Works 5,714,911$ 5,414,911$ 6,106$ 71,195$ 584,336$ 4,830,575$ Community Development 4,900 4,900 - - - 4,900 Total Capital Outlay 5,719,811$ 5,419,811$ 6,106$ 71,195$ 584,336$ 4,835,475$ Excess of revenues over expenditures (1,129,475)$ (829,475) (6,086)$ (71,137)$ (584,278)$ 245,198$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 328,750$ 28,750$ 3,194$ 3,194$ 3,194$ (25,556)$ Transfers in to General Fund - - -$ -$ -$ -$ Budgeted Fund Balance - - - - - -$ Total other financing sources and uses 328,750$ 28,750$ 3,194$ 3,194$ 3,194$ (25,556)$ Net change in fund balances (800,725)$ (800,725)$ (67,943)$ (581,083)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2018 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 43,500$ 1,808$ 9,611$ (33,889)$ Law Enforcement Fund 23,000 759 4,627 (18,373) Fire Fund 130,500 4,349 26,512 (103,988) Road Fund 323,000 5,427 59,263 (263,737) Park Fund 976,000 49,721 229,959 (746,041) Interest Revenues/Admin Fund - 0 1 1 Interest Revenues/Law Enforcement Fund - 0 1 1 Interest Revenues/Fire Fund - 1 4 4 Interest Revenues/Road Fund - 1 9 9 Interest Revenues/Park Fund - 7 28 28 Total revenues 1,496,000$ 62,072$ 330,014$ (1,165,986)$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures 1,496,000$ 62,072$ 330,014$ (1,165,986)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfer Out to General Fund/Admin (43,500) - - 43,500 Transfer Out to Capital Projects Fund/Law Enf (23,000) - - 23,000 Transfer Out to Capital Projects Fund/Fire (130,500) - - 130,500 Transfer Out to Capital Projects Fund/Road (323,000) - - 323,000 Transfer Out to Capital Projects Fund/Park (976,000) 976,000 Total other financing sources and uses (1,496,000)$ -$ -$ 1,496,000$ Net change in fund balances -$ 330,014$ 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, 2018 12 of 13 Amount Percent Yield Money Market - Quantum Bank 2,626,974 34%0.57% Money Market - EastWest Bank 4,860,728 62%1.13% GA Fund 1 331,366 4%1.33% Grand Total Investment Portfolio 7,819,067 100% Current Month YTD Interest earned 7,541 31,403 Budgeted interest 5,000 20,000 Variance over/(under)2,541 11,403 Month Ending January 31, 2018 Investment Portfolio City of Milton 13 of 13 TO: FROM: AGENDA ITEM: MEETING DATE: I L N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 9, 2018 Steven Krokoff, City Manage f/�) Approval of a Franchise Fee Agreement between the City of Milton and Comcast. Wednesday, February 21, 2018 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: (,,4YES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY: (-KAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: (32I7'020L 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: Stacey Inglis, Assistant City Manager Date: Submitted on February 9, 2018 for the February 21, 2018 Regular City Council Meeting Agenda Item: Approval of a Franchise Agreement with Comcast Cable Communications, LLC Department Recommendation: The recommendation is to approve the attached franchise agreement with Comcast Cable Communications, LLC to replace the expired agreement. Executive Summary: Through the franchise agreement audit performed by Georgia Municipal Association (GMA), it was discovered that our agreement with Comcast expired on December 1, 2016. GMA has negotiated a new franchise agreement on our behalf that will ultimately have a positive impact on our revenue stream. Previously, certain fees were excluded from the gross revenue calculation such as advertising, home shopping network and late fees. These are now in corporated in the new agreement. Funding and Fiscal Impact: We will experience a positive impact on our revenues. Alternatives: No alternatives Legal Review: Approved by Sam VanVolkenburg (attorney in Ken Jarrard’s office) on 1/5/18 Concurrent Review: Steven Krokoff, City Manager Attachment: Franchise Agreement Franchise Agreement between the City of Milton, Georgia and Comcast Cable Communications, LLC TABLE OF CONTENTS Page SECTION 1 GRANT OF AUTHORITY .......................................................... 1 SECTION 2 THE CABLE SYSTEM ............................................................... 4 SECTION 3 CUSTOMER SERVICE............................................................... 6 SECTION 4 COMPENSATION AND OTHER PAYMENTS ....................... 7 SECTION 5 COMPLIANCE REPORTS ......................................................... 8 SECTION 6 ENFORCEMENT ......................................................................... 9 SECTION 7 ASSIGNMENT AND OTHER TRANSFERS .......................... 11 SECTION 8 INSURANCE AND INDEMNITY ........................................... 11 SECTION 9 MISCELLANEOUS ................................................................... 12 APPENDIX A DEFINED TERMS ................................................................... A-1 APPENDIX B CUSTOMER SERVICE STANDARDS ................................. B-1 1 AGREEMENT This AGREEMENT is effective as of the ____ day of _________, 2018 (the “Effective Date”), and is between the City of Milton, Georgia, an incorporated Georgia City (the “Franchising Authority” or the “City”), and Comcast Cable Communications, LLC whose principal place of business is located at 2925 Courtyards Drive, Norcross, Georgia 30071 (the “Company”). For purposes of this Agreement, unless otherwise defined in this Agreement, the capitalized terms, phrases, words, and their derivations, shall have the meanings set forth in Appendix A. The Franchising Authority, having determined that the financial, legal, and technical ability of the Company is reasonably sufficient to provide the services, facilities, and equipment necessary to meet the current and future cable-related needs of the community and that, as of the Effective Date, the Company is in material compliance with the terms and conditions of the cable franchise preceding this Agreement, desires to enter into this Agreement with the Company for the construction, operation, and maintenance of a Cable System on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby covenant and agree as follows: SECTION 1 GRANT OF AUTHORITY 1.1 Grant of Franchise. The Franchising Authority hereby grants under the Cable Act a nonexclusive franchise (the “Franchise”) to occupy and use the Streets within the Franchise Area in order to construct operate, maintain, upgrade, repair, and remove the Cable System, and provide Cable Services through the Cable System, subject to the terms and conditions of this Agreement. This Franchise authorizes Cable Service only, and it does not grant or prohibit the right(s) of the Company to provide other services. 1.2 Term of Franchise. This Franchise shall be in effect for a period of ten (10) years commencing on the Effective Date, unless renewed or lawfully terminated in accordance with this Agreement and the Cable Act. 1.3 Renewal. Subject to Section 626 of the Cable Act (47 U.S.C. § 546) and such terms and conditions as may lawfully be established by the Franchising Authority, the Franchising Authority reserves the right to grant or deny renewal of the Franchise. 1.4 Reservation of Authority. Nothing in this Agreement shall (i) abrogate the right of the Franchising Authority to perform any public works or public improvements of any description, (ii) be construed as a waiver of any codes or ordinances of the Franchising Authority or of the Franchising Authority’s right to require the Company or any Person utilizing the Cable System to secure the appropriate permits or authorizations for its use, or (iii) be construed as a waiver or release of the rights of the Franchising Authority in and to the Streets. Notwithstanding the above, in the event of any conflict between this Agreement and any code or ordinance adopted by the Franchising Authority, the terms and conditions of this Agreement shall prevail. 2 1.5 Competitive Equity and Subsequent Action Provisions. 1.5.1 Purposes. The Company and the Franchising Authority acknowledge that there is increasing competition in the video marketplace among cable operators, direct broadcast satellite providers, telephone companies, broadband content providers, and others; new technologies are emerging that enable the provision of new and advanced services to City residents; and changes in the scope and application of the traditional regulatory framework governing the provision of Video Services are being considered in a variety of federal, state, and local venues. To foster an environment where all Cable Service Providers and Video Service Providers using the Streets can compete on a competitively neutral and nondiscriminatory basis; encourage the provision of new and advanced services to City residents; promote local communications infrastructure investments and economic opportunities in the City; and provide flexibility in the event of subsequent changes in the law, the Company and the Franchising Authority have agreed to the provisions in this Section 1.5, and these provisions should be interpreted and applied with these purposes in mind. The parties agree that the Franchising Authority shall not be required to execute a franchise agreement or authorization with a competitive CSP or VSP that is identical, word-for-word, with this Agreement to avoid triggering the provisions of this Section 1.5, so long as the regulatory and financial burdens on and benefits to each CSP or VSP are materially equivalent to the burdens on and benefits to the Company. “Materially equivalent” provisions include but are not limited to: franchise fees and the definition of Gross Revenues; system build-out requirements; security instruments; public, education and government access channels and support; customer service standards; and audits. 1.5.2 Fair Terms for All Providers. Notwithstanding any other provision of this Agreement or any other provision of law, (a) If any VSP or CSP enters into any agreement with the Franchising Authority to provide Video Services or Cable Services to Subscribers in the Franchise Area, the Franchising Authority and the Company, upon written request of the Company, will use best efforts in good faith to negotiate the Company’s proposed Franchise modifications, and such negotiation will proceed and conclude within sixty (60) days, unless that period is reduced or extended by mutual agreement of the parties. If the Franchising Authority and the Company agree to Franchise modifications pursuant to such negotiations, then the Franchising Authority shall amend this Agreement to include the modifications. If there is no written agreement or other authorization between the new VSP or CSP and the Franchising Authority, the Company and the Franchising Authority shall use the sixty (60) day period to develop and enter into an agreement or other appropriate authorization (to the extent the Company determines an agreement or authorization is necessary) that to the maximum extent possible contains provisions that will ensure competitive equity between the Company and other VSPs or CSPs, taking into account the terms and conditions under which the new VSP or CSP is allowed to provide Video Services or Cable Services to Subscribers in the Franchise Area. 3 (b) Following the Franchise modification negotiations provided for in Section 1.5.2(a), if the Franchising Authority and the Company fail to reach agreement in such negotiations, the Company may, at its option, elect to replace this Agreement by opting in to the same franchise agreement or other lawful authorization that the Franchising Authority has granted to the new VSP or CSP. If the Company so elects, the Franchising Authority shall adopt the Company’s replacement agreement at the next regularly scheduled City council meeting. (c) The Franchising Authority shall at all times enforce the City code, state, and federal ban on providing Cable Service without a franchise. The Franchising Authority’s enforcement efforts shall be continuous and diligent throughout the term of this Agreement. Should the Franchising Authority not commence enforcement efforts within sixty (60) days of becoming aware of a VSP or CSP providing Video Service or Cable Service within the Franchise Area, the Company shall have the right to petition the Franchising Authority for the relief provided in Section 1.5.2 above. (d) This Section 1.5.2 shall not apply for VSPs or CSPs providing Video Service or Cable Service in the Franchise Area under the authorization of the Georgia Consumer Choice for Television Act (O.C.G.A. § 36-76-1, et seq.). 1.5.3 Subsequent Change in Law. If there is a change in federal, state, or local law that provides for a new or alternative form of authorization, subsequent to the Effective Date, for a VSP or CSP utilizing the Streets to provide Video Services or Cable Services to Subscribers in the Franchise Area, or that otherwise changes the nature or extent of the obligations that the Franchising Authority may request from or impose on a VSP or CSP providing Video Services or Cable Services to Subscribers in the Franchise Area, the Franchising Authority agrees that, notwithstanding any other provision of law, upon the written request and at the option of the Company, the Franchising Authority shall: (i) permit the Company to provide Video Services or Cable Services to Subscribers in the Franchise Area on substantially the same terms and conditions as are applicable to a VSP or CSP under the changed law; (ii) modify this Agreement to comply with the changed law; or (iii) modify this Agreement to ensure competitive equity between the Company and other VSPs or CSPs, taking into account the conditions under which other VSPs or CSPs are permitted to provide Video Services or Cable Services to Subscribers in the Franchise Area. The Franchising Authority and the Company shall implement the provisions of this Section 1.5.3 within sixty (60) days after the Company submits a written request to the Franchising Authority. Should the Franchising Authority fail to implement these provisions within the time specified, this Agreement shall, at the Company’s option and upon written notice to the Franchising Authority, be deemed amended as initially requested by the Company under this Section 1.5.3. Notwithstanding any provision of law that imposes a time or other limitation on the Company’s ability to take advantage of the changed law’s provisions, the Company may exercise its rights under this Section 1.5.3 at any time, but not sooner than thirty (30) days after the changed law goes into effect. 1.5.4 Effect on This Agreement. Any agreement, authorization, right, or determination to provide Cable Services or Video Services to Subscribers in the Franchise Area under this Section 1.5 shall supersede this Agreement. 4 SECTION 2 THE CABLE SYSTEM 2.1 The System and Its Operations. 2.1.1 Service Area. As of the Effective Date, the Company operates a Cable System within the Franchise Area. 2.1.2 System. As of the Effective Date, the Company maintains and operates a Cable System capable of providing over 250 Channels of Video Programming, which Channels may be delivered by analog, digital, or other transmission technologies, at the sole discretion of the Company. 2.1.3 System Technical Standards. Throughout the term of this Agreement, the Cable System shall be designed, maintained, and operated such that quality and reliability of System Signal will be in compliance with all applicable consumer electronics equipment compatibility standards, including but not limited to Section 624A of the Cable Act (47 U.S.C. § 544a) and 47 C.F.R. § 76.630, as may be amended from time to time. 2.1.4 Testing Procedures; Technical Performance. Throughout the term of this Agreement, the Company shall operate and maintain the Cable System in accordance with the testing procedures and the technical performance standards of the FCC. 2.2 Requirements with Respect to Work on the System. 2.2.1 General Requirements. The Company shall comply with ordinances, rules, and regulations established by the Franchising Authority pursuant to the lawful exercise of its police powers and generally applicable to all users of the Streets. To the extent that local ordinances, rules, or regulations clearly conflict with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall prevail, except where such conflict arises from the Franchising Authority’s lawful exercise of its police powers. 2.2.2 Protection of Underground Utilities. Both the Company and the Franchising Authority shall comply with the Georgia Utility Facility Protection Act (O.C.G.A. § 25-9-1, et seq.), relating to notification prior to excavation near underground utilities, as may be amended from time to time. 2.3 Permits and General Obligations. 2.3.1 The Company shall be responsible for obtaining all permits, licenses, or other forms of approval or authorization necessary to construct, operate, maintain, or repair the Cable System, or any part thereof, prior to the commencement of any such activity. The Franchising Authority shall not charge the Company, and the Company shall not be required to pay, any fee or charge for the issuance of permits, licenses, or other approvals, as such payments are included in the franchise fees described in Section 4 below. The issuance of permits, licenses, or other approvals shall not be unreasonably delayed or withheld by the Franchising Authority. Construction, installation, and maintenance of the Cable System shall be performed in a safe, thorough, and reliable manner using materials 5 of good and durable quality. All transmission and distribution structures, poles, other lines, and equipment installed by the Company for use in the Cable System in accordance with this Agreement shall be located so as to minimize interference with the proper use of the Streets and the rights and reasonable convenience of property owners who own property adjoining the Streets. 2.3.2 Code Compliance. The Company shall comply with all applicable building, safety, and construction codes. The parties agree that at present, Cable Systems are not subject to the low voltage regulations of the National Electric Code, National Electrical Safety Code, or other such codes or regulations. In the event that the applicable codes are revised such that Cable Systems become subject to low voltage regulations without being grandfathered or otherwise exempted, the Company will thereafter be required to comply with those regulations. 2.4 Conditions on Street Occupancy. 2.4.1 New Grades or Lines. If the grades or lines of any Street within the Franchise Area are lawfully changed at any time during the term of this Agreement, then the Company shall, upon at least ninety (90) days’ advance written notice from the Franchising Authority and at its own cost and expense, protect or promptly alter or relocate the Cable System, or any part thereof, so as to conform with the new grades or lines. If public funds are available to any Person using the Street for the purpose of defraying the cost of any of the foregoing work, the Franchising Authority shall make application for such funds on behalf of the Company. The Company shall be entitled to reimbursement of its costs should any other utility be so compensated as a result of a required protection, alteration, or relocation of its facilities. Notwithstanding the above, the Company shall not be liable for the cost of protecting, altering, or relocating facilities, aerial or underground, where such work is required to accommodate a streetscape, sidewalk, or private development project. 2.4.2 Relocation at Request of Third Party. The Company shall, upon reasonable prior written request of any Person holding a permit issued by the Franchising Authority to move any structure, temporarily move its wires to permit the moving of such structure; provided (i) the Company may impose a reasonable charge on any Person for the movement of its wires, and such charge may be required to be paid in advance of the movement of its wires; and (ii) the Company agrees to arrange for such temporary relocation to be accomplished as soon as reasonably practicable, not to exceed ninety (90) days without the prior agreement of the Franchising Authority. 2.4.3 Restoration of Streets. If in connection with construction, operation, maintenance, or repair of the Cable System, the Company disturbs, alters, or damages any Street, the Company agrees that it shall at its own cost and expense restore the Street according to the standards set forth in the Georgia Department of Transportation’s Utility Accommodation Policy and Standards Manual. If the Franchising Authority reasonably believes that the Company has not restored the Street appropriately, then the Franchising Authority, after providing ten (10) business days’ advance written notice and a reasonable opportunity to cure, may have the Street restored and bill the Company for the cost of restoration. 6 2.4.4 Trimming of Trees and Shrubbery. The Company shall have the authority to trim trees or other natural growth overhanging any of its Cable System in the Franchise Area so as to prevent contact with the Company’s wires, cables, or other equipment, the cost of which trimming shall not be borne by the Franchising Authority. 2.4.5 Aerial and Underground Construction. If at the time of Cable System construction all of the transmission and distribution facilities of all of the respective public or municipal utilities in the construction area are underground, the Company shall place its Cable System’s transmission and distribution facilities underground. At the time of Cable System construction, in any place within the Franchise Area where the transmission or distribution facilities of the respective public or municipal utilities are both aerial and underground, the Company shall have the discretion to construct, operate, and maintain all of its transmission and distribution facilities, or any part thereof, aerially or underground; however, at such time as all existing aerial facilities of the respective public or municipal utilities are placed underground, the Company shall likewise place its facilities underground, subject to the provisions of Section 2.4.1. Company facilities placed underground at the property owner’s request in any area where any of the transmission or distribution facilities of the respective public or municipal utilities are aerial shall be installed with the additional expense paid by the property owner. Nothing in this Section 2.4.5 shall be construed to require the Company to construct, operate, or maintain underground any ground-mounted appurtenances such as customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or other related equipment. 2.4.6 Use of Existing Poles. Where possible, the Company shall attach its facilities to existing utility poles and shall use all reasonable efforts to enter into a pole attachment agreement with the owners of such existing utility poles. 2.5 Change in Franchise Area. In the event that the borders of the Franchise Area change, through annexation or otherwise, the Franchising Authority shall provide to the Company written notice of such change, including an updated map and an electronic list of all addresses in the Franchise Area. The Company shall not be required to pay franchise fees on gross revenues earned from Subscribers in annexed areas until sixty (60) days after receiving such notice. SECTION 3 CUSTOMER SERVICE Customer Service. The Company shall comply in all respects with the requirements set forth in Appendix B. Individual violations of those requirements do not constitute a breach of this Agreement. SECTION 4 COMPENSATION AND OTHER PAYMENTS 4.1 Compensation to the Franchising Authority. As compensation for the Franchise, the Company shall pay or cause to be paid to the Franchising Authority the amounts set forth in this Section 4.1. 7 4.1.1 Franchise Fees—Amount. The Company shall pay to the Franchising Authority franchise fees in an amount equal to five percent (5%) of Gross Revenues derived from the operation of the Cable System to provide Cable Services in the Franchise Area. 4.1.2 Franchise Fees—Payment. Payments of franchise fees shall be made on a quarterly basis and shall be remitted not later than thirty (30) days after the last day of March, June, September, and December throughout the term of this Agreement. 4.1.3 Company to Submit Franchise Fee Report. The Company shall submit to the Franchising Authority, not later than thirty (30) days after the last day of March, June, September, and December throughout the term of this Agreement, a report setting forth the basis for the computation of Gross Revenues on which the quarterly payment of franchise fees is being made, which report shall enumerate, at a minimum, the following revenue categories: limited and expanded basic video service, digital video service, premium video service, pay-per-view and video-on-demand, equipment, installation and activation, franchise fees, guide, late fees, ad sales, home shopping commissions and bad debt. 4.1.4 Franchise Fee Payments Subject to Audit; Remedy for Underpayment. No acceptance of any franchise fee payment by the Franchising Authority shall be construed as an accord and satisfaction that the amount paid is in fact the correct amount or a release of any claim that the Franchising Authority may have for further or additional sums payable under this Agreement. The Franchising Authority may conduct an audit no more than once annually to ensure payments in accordance with this Agreement. The audit of the Company’s records shall take place at a location, in the State of Georgia, determined by the Company. The Franchising Authority is prohibited from removing any records, files, spreadsheets, or any other documents from the site of the audit. In the event that the Franchising Authority takes notes of any documents, records, or files of the Company for use in the preparation of an audit report, all notes shall be returned to the Company upon completion of the audit. The audit period shall be limited to three (3) years preceding the end of the quarter of the most recent payment. Once the Company has provided information for an audit with respect to any period, regardless of whether the audit was completed, that period shall not again be the subject of any audit. If, as a result of an audit or any other review, the Franchising Authority determines that the Company has underpaid franchise fees in any twelve (12) month period by ten percent (10%) or more, then, in addition to making full payment of the relevant obligation, the Company shall reimburse the Franchising Authority for all of the reasonable costs associated with the audit or review, including all reasonable out of pocket costs for attorneys, accountants, and other consultants. The Franchising Authority shall provide the Company with a written notice of audit results and a copy of the final report presented to the Franchising Authority. The Company shall remit any undisputed amounts owed to the Franchising Authority as the result of the audit within forty-five (45) days, or other mutually acceptable timeframe, after the date of an executed settlement and release agreement. 4.2 Payments Not to Be Set Off Against Taxes or Vice Versa. The parties agree that the compensation and other payments to be made pursuant to this Section 4 are not a tax and are not in the nature of a tax. The Company and the Franchising Authority further agree that the provisions 8 of O.C.G.A. § 36-76-6(h) apply to this Agreement. The Franchising Authority and the Company further agree that no additional business license fees, occupational license fees, or permits shall be assessed on the Company related to the provision of services or the operation of the Cable System, nor shall the Franchising Authority levy any other tax, license, fee, or assessment on the Company or its Subscribers that is not generally imposed and applicable to a majority of all other businesses. 4.3 Interest on Late Payments. If any payment required by this Agreement is not actually received by the Franchising Authority on or before the applicable date fixed in this Agreement, the Company shall pay interest thereon, from the due date to the date paid, at a rate of one percent (1%) per month. 4.4 Service to Governmental and Institutional Facilities. 4.4.1 Complimentary Installation and Service. The Company shall, within thirty (30) days of receipt of a written request by the Franchising Authority, provide complimentary standard installation and complimentary Basic Service on one outlet for each public primary or secondary school and public library located within the Franchise Area no more than one hundred twenty-five (125) feet from the nearest point of connection to the distribution plant. If a public primary or secondary school or public library within the Franchise Area is located more than one hundred twenty-five (125) feet from the nearest point of connection to the distribution plant, the Company shall, within thirty (30) days of receipt of a written request from the Franchising Authority, provide a written estimate for the cost of extending the distribution plant to the school or library, as well as any necessary interior wiring costs. 4.4.2 Government Discounts. The Company may provide a government discount rate if the Franchising Authority requests additional outlets at a public school or public library or requests Cable Service to any other government facility within the Franchise Area. SECTION 5 COMPLIANCE REPORTS 5.1 Compliance. The Franchising Authority hereby acknowledges that as of the Effective Date, the Company is in material compliance with the terms and conditions of the cable franchise preceding this Agreement and all material laws, rules, and ordinances of the Franchising Authority. 5.2 Reports. Upon written request by the Franchising Authority and subject to Section 631 of the Cable Act, the Company shall promptly submit to the Franchising Authority such information as may be necessary to reasonably demonstrate the Company’s compliance with any term or condition of this Agreement. 5.3 File for Public Inspection. Throughout the term of this Agreement, the Company shall maintain, in a file available for public inspection during normal business hours, those documents required pursuant to the FCC’s rules and regulations. 5.4 Treatment of Proprietary Information. The Franchising Authority agrees to treat as confidential, to the maximum extent allowed under the Georgia Open Records Act (O.C.G.A. § 50- 18-70, et seq.) or other applicable law, any requested documents submitted by the Company to the Franchising Authority that are labeled as “Confidential” or “Trade Secret” prior to submission. In the event that any documents submitted by the Company to the Franchising Authority are subject 9 to a request for inspection or production, including but not limited to a request under the Georgia Open Records Act, the Franchising Authority shall notify the Company of the request as soon as practicable and in any case prior to the release of such information, by email or facsimile to the addresses provided in Section 9.6 of this Agreement, so that the Company may take appropriate steps to protect its interests in the requested records, including seeking an injunction against the release of the requested records. Upon receipt of said notice, the Company may review the requested records in the Franchising Authority’s possession and designate as “Confidential” or “Trade Secret” any additional portions of the requested records that contain confidential or proprietary information. 5.5 Emergency Alert System. Company shall install and maintain an Emergency Alert System in the Franchise Area only as required under applicable federal and state laws. Additionally, the Franchising Authority shall permit only those Persons appropriately trained and authorized in accordance with applicable law to operate the Emergency Alert System equipment and shall take reasonable precautions to prevent any use of the Company’s Cable System in any manner that results in inappropriate use thereof, or any loss or damage to the Cable System. The Company shall have no liability nor shall it be required to provide indemnification to the Franchising Authority for its use of the Emergency Alert System. SECTION 6 ENFORCEMENT 6.1 Notice of Violation. If the Franchising Authority believes that the Company has not complied with the terms of this Agreement, the Franchising Authority shall first informally discuss the matter with the Company. If discussions do not lead to a resolution of the problem, the Franchising Authority shall notify the Company in writing of the nature of the alleged noncompliance (“Violation Notice”). 6.2 Company’s Right to Cure or Respond. The Company shall have thirty (30) days from the receipt of the Violation Notice, or any longer period specified by the Franchising Authority, to respond; cure the alleged noncompliance; or, if the alleged noncompliance, by its nature, cannot be cured within thirty (30) days, initiate reasonable steps to remedy the matter and provide the Franchising Authority a projected resolution date in writing. 6.3 Hearing. If the Company fails to respond to the Violation Notice received from the Franchising Authority, or the alleged noncompliance is not remedied within the cure period set forth above, the Franchising Authority’s governing body shall schedule a hearing if it intends to continue its investigation into the matter. The Franchising Authority shall provide the Company at least thirty (30) days’ prior written notice of the hearing, specifying the time, place, and purpose of the hearing. The Company shall have the right to present evidence and to question witnesses. The Franchising Authority shall determine if the Company has committed a violation and shall make written findings of fact relative to its determination. If a violation is found, the Company may petition for reconsideration before any competent tribunal having jurisdiction over such matters. 6.4 Enforcement. Subject to applicable federal and state law, if after the hearing provided for in Section 6.3, the Franchising Authority determines that the Company is in default of the provisions addressed in the Violation Notice, the Franchising Authority may 10 (a) seek specific performance; (b) commence an action at law for monetary damages or seek other equitable relief; or (c) in the case of a substantial default of a material provision of this Agreement, seek to revoke the Franchise in accordance with subsection 6.5 below. 6.5 Revocation. 6.5.1 After the hearing and determination provided for in Section 6.3 and prior to the revocation or termination of the Franchise, the Franchising Authority shall give written notice to the Company of its intent to revoke the Franchise on the basis of an alleged substantial default of a material provision of this Agreement. The notice shall set forth the exact nature of the alleged default. The Company shall have thirty (30) days from receipt of such notice to submit its written objection to the Franchising Authority or to cure the alleged default. If the Franchising Authority is not satisfied with the Company’s response, the Franchising Authority may seek to revoke the Franchise at a public hearing. The Company shall be given at least thirty (30) days’ prior written notice of the public hearing, specifying the time and place of the hearing and stating the Franchising Authority’s intent to revoke the Franchise. 6.5.2 At the public hearing, the Company shall be permitted to state its position on the matter, present evidence, and question witnesses, after which the Franchising Authority’s governing board shall determine whether or not the Franchise shall be revoked. The public hearing shall be on the record and a written transcript shall be made available to the Company within ten (10) business days. The decision of the Franchising Authority’s governing board shall be made in writing and shall be delivered to the Company. The Company may appeal such decision to an appropriate court, which shall have the power to review de novo the decision of the Franchising Authority’s governing board. The Company may continue to operate the Cable System until all legal appeals procedures have been exhausted. 6.5.3 Notwithstanding the provisions of this Section 6, the Company does not waive any of its rights under federal law or regulation. SECTION 7 ASSIGNMENTS AND OTHER TRANSFERS The Franchise shall be fully transferable to any successor in interest to the Company. A notice of transfer shall be filed by the Company to the Franchising Authority within forty-five (45) days of such transfer. The transfer notification shall consist of an affidavit signed by an officer or general partner of the transferee that contains the following: (a) an affirmative declaration that the transferee shall comply with the terms and conditions of this Agreement, all applicable federal, state, and local laws, regulations, and ordinances regarding the placement and maintenance of facilities in any public right-of-way that are generally applicable to users of the public right-of-way and specifically including the Georgia Utility Facility Protection Act (O.C.G.A. § 25-9-1, et seq.); (b) a description of the transferee’s service area; and 11 (c) the location of the transferee’s principal place of business and the name or names of the principal executive officer or officers of the transferee. SECTION 8 INSURANCE AND INDEMNITY 8.1 Insurance. 8.1.1 Liability Insurance. Throughout the term of this Agreement, the Company shall, at its sole expense, maintain comprehensive general liability insurance, issued by a company licensed to do business in the State of Georgia with a rating of not less than “A minus,” and provide the Franchising Authority certificates of insurance demonstrating that the Company has obtained the insurance required in this Section 8.1.1. This liability insurance policy or policies shall be in the minimum amount of One Million Dollars ($1,000,000.00) for bodily injury or death of any one person, One Million Dollars ($1,000,000.00) for bodily injury or death of any two or more persons resulting from one occurrence, and One Million Dollars ($1,000,000.00) for property damage resulting from any one accident. The policy or policies shall not be canceled except upon thirty (30) days’ prior written notice of cancellation to the City. 8.1.2 Workers’ Compensation. The Company shall ensure its compliance with the Georgia Workers’ Compensation Act. 8.2 Indemnification. The Company shall indemnify, defend, and hold harmless the Franchising Authority, its officers, employees, and agents acting in their official capacities from and against any liability or claims resulting from property damage or bodily injury (including accidental death) that arise out of the Company’s construction, operation, maintenance, or removal of the Cable System, including, but not limited to, reasonable attorneys’ fees and costs, provided that the Franchising Authority shall give the Company written notice of its obligation to indemnify and defend the Franchising Authority within ten (10) business days of receipt of a claim or action pursuant to this Section 8.2. If the Franchising Authority determines that it is necessary for it to employ separate counsel, the costs for such separate counsel shall be the responsibility of the Franchising Authority. 8.3 Liability and Indemnity. In accordance with Section 635A of the Cable Act, the Franchising Authority, its officials, employees, members, or agents shall have no liability to the Company arising from the regulation of Cable Service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of this Franchise. Any relief, to the extent such relief is required by any other provision of federal, state, or local law, shall be limited to injunctive relief and declaratory relief. SECTION 9 MISCELLANEOUS 9.1 Controlling Authorities. This Agreement is made with the understanding that its provisions are controlled by the Cable Act, other federal laws, state laws, and all applicable local laws, ordinances, and regulations. To the extent such local laws, ordinances, or regulations clearly conflict with the terms and conditions of this Agreement, the terms and conditions of this 12 Agreement shall prevail, except where such conflict arises from the Franchising Authority’s lawful exercise of its police powers. 9.2 Appendices. The Appendices to this Agreement and all portions thereof are, except as otherwise specified in this Agreement, incorporated by reference in and expressly made a part of this Agreement. 9.3 Enforceability of Agreement; No Opposition. By execution of this Agreement, the Company and the Franchising Authority acknowledge the validity of the terms and conditions of this Agreement under applicable law in existence on the Effective Date and pledge that they will not assert in any manner at any time or in any forum that this Agreement, the Franchise, or the processes and procedures pursuant to which this Agreement was entered into and the Franchise was granted are not consistent with the applicable law in existence on the Effective Date. 9.4 Governmental Powers. The Franchising Authority expressly reserves the right to exercise the full scope of its powers, including both its police power and contracting authority, to promote the public interest and to protect the health, safety, and welfare of the citizens of the City of Milton, Georgia. 9.5 Entire Agreement. This Agreement, including all Appendices, embodies the entire understanding and agreement of the Franchising Authority and the Company with respect to the subject matter hereof and merges and supersedes all prior representations, agreements, and understandings, whether oral or written, between the Franchising Authority and the Company with respect to the subject matter hereof, including, without limitation, all prior drafts of this Agreement and any Appendix to this Agreement, and any and all written or oral statements or representations by any official, employee, agent, attorney, consultant, or independent contractor of the Franchising Authority or the Company. All ordinances or parts of ordinances or other agreements between the Company and the Franchising Authority that are in conflict with the provisions of this Agreement are hereby declared invalid and superseded. 9.6 Notices. All notices shall be in writing and shall be sufficiently given and served upon the other party by first class mail, registered or certified, return receipt requested, postage prepaid, or via facsimile (with confirmation of transmission) and addressed as follows: THE FRANCHISING AUTHORITY: City of Milton Attn: City Manager 2006 Heritage Walk Milton, Georgia 30004 COMPANY: Comcast Cable Communications, LLC Attn: Vice President, External Affairs 2925 Courtyards Drive Norcross, GA 30071 With a copy to: Comcast Cable Communications, Inc. 13 Attn: Vice President, Government Affairs 600 Galleria Parkway, Suite 1100 Atlanta, GA 30339 And: Comcast Cable Communications, Inc. Attn: Legal Dept. One Comcast Center Philadelphia, PA 19103 9.7 Additional Representations and Warranties. In addition to the representations, warranties, and covenants of the Company to the Franchising Authority set forth elsewhere in this Agreement, the Company represents and warrants to the Franchising Authority and covenants and agrees (which representations, warranties, covenants and agreements shall not be affected or waived by any inspection or examination made by or on behalf of the Franchising Authority) that, as of the Effective Date: 9.7.1 Organization, Standing, and Authorization. The Company is a limited liability company validly existing and in good standing under the laws of the State of Georgia and is duly authorized to do business in the State of Georgia and in the Franchise Area. 9.7.2 Compliance with Law. The Company, to the best of its knowledge, has obtained all government licenses, permits, and authorizations necessary for the operation and maintenance of the Cable System. 9.8 Maintenance of System in Good Working Order. Until the termination of this Agreement and the satisfaction in full by the Company of its obligations under this Agreement, in consideration of the Franchise, the Company agrees that it will maintain all of the material properties, assets, and equipment of the Cable System, and all such items added in connection with any upgrade, in good repair and proper working order and condition throughout the term of this Agreement. 9.9 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted transferees, and assigns. All of the provisions of this Agreement apply to the Company, its successors, and assigns. 9.10 No Waiver; Cumulative Remedies. No failure on the part of the Franchising Authority or the Company to exercise, and no delay in exercising, any right or remedy hereunder including, without limitation, the rights and remedies set forth in this Agreement, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other right or remedy, all subject to the conditions and limitations established in this Agreement. The rights and remedies provided in this Agreement including, without limitation, the rights and remedies set forth in Section 6 of this Agreement, are cumulative and not exclusive of any remedies provided by law, and nothing contained in this Agreement shall impair any of the rights or remedies of the Franchising Authority or Company under applicable law, subject in each case to the terms and conditions of this Agreement. 9.11 Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Agreement is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, 14 distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions of this Agreement, which shall continue in full force and effect. 9.12 No Agency. The Company shall conduct the work to be performed pursuant to this Agreement as an independent entity and not as an agent of the Franchising Authority. 9.13 Governing Law. This Agreement shall be deemed to be executed in the City of Milton, State of Georgia, and shall be governed in all respects, including validity, interpretation, and effect, by and construed in accordance with the laws of the State of Georgia, as applicable to contracts entered into and to be performed entirely within that state. 9.14 Claims Under Agreement. The Franchising Authority and the Company, agree that, except to the extent inconsistent with Section 635 of the Cable Act (47 U.S.C. § 555), any and all claims asserted by or against the Franchising Authority arising under this Agreement or related thereto shall be heard and determined either in a court of the United States located in Georgia (“Federal Court”) or in a court of the State of Georgia of appropriate jurisdiction (“Georgia State Court”). To effectuate this Agreement and intent, the Company agrees that if the Franchising Authority initiates any action against the Company in Federal Court or in Georgia State Court, service of process may be made on the Company either in person or by registered mail addressed to the Company at its offices as defined in Section 9.6, or to such other address as the Company may provide to the Franchising Authority in writing. 9.15 Modification. The Company and Franchising Authority may at any time during the term of this Agreement seek a modification, amendment, or waiver of any term or condition of this Agreement. No provision of this Agreement nor any Appendix to this Agreement shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the Franchising Authority and the Company, which amendment shall be authorized on behalf of the Franchising Authority through the adoption of an appropriate resolution, letter of agreement, or order by the Franchising Authority, as required by applicable law. 9.16 Delays and Failures Beyond Control of Company. Notwithstanding any other provision of this Agreement, the Company shall not be liable for delay in performance of, or failure to perform, in whole or in part, its obligations pursuant to this Agreement due to strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, technical failure, sabotage, or other events, where the Company has exercised all due care in the prevention thereof, to the extent that such causes or other events are beyond the control of the Company and such causes or events are without the fault or negligence of the Company. In the event that any such delay in performance or failure to perform affects only part of the Company’s capacity to perform, the Company shall perform to the maximum extent it is able to do so and shall take all steps within its power to correct such cause(s). The Company agrees that in correcting such cause(s), it shall take all reasonable steps to do so in as expeditious a manner as possible. The Company shall promptly notify the Franchising Authority in writing of the occurrence of an event covered by this Section 9.16. 9.17 Duty to Act Reasonably and in Good Faith. The Company and the Franchising Authority shall fulfill their obligations and exercise their rights under this Agreement in a reasonable manner 15 and in good faith. Notwithstanding the omission of the words “reasonable,” “good faith,” or similar terms in the provisions of this Agreement, every provision of this Agreement is subject to this section. 9.18 Contractual Rights Retained. Nothing in this Agreement is intended to impair the contractual rights of the Franchising Authority or the Company under this Agreement. 9.19 No Third Party Beneficiaries. Nothing in this Agreement, or any prior agreement, is or was intended to confer third-party beneficiary status on any member of the public to enforce the terms of such agreements or Franchise. IN WITNESS WHEREOF, the party of the first part, by its Mayor, thereunto duly authorized by the City Council of said Franchising Authority, has caused the corporate name of said Franchising Authority to be hereunto signed and the corporate seal of said Franchising Authority to be hereunto affixed, and the Company, the party of the second part, by its officers thereunto duly authorized, has caused its name to be hereunto signed and its seal to be hereunto affixed as of the date and year first above written. City of Milton, Georgia By: ____________________________ Name: ____________________________ Title: Mayor (Seal) Attest: _____________________________ Date: _____________________________ Approved as to form: ________________________ City Attorney Comcast Cable Communications, LLC By: ______________________________ Name: ______________________________ Title: ______________________________ Attest: _____________________________ Date: _____________________________ A-1 APPENDIX A DEFINED TERMS For purposes of the Agreement to which this Appendix A is appended, the following terms, phrases, words, and their derivations shall have the meanings set forth herein, unless the context clearly indicates that another meaning is intended. “Agreement” means the Agreement to which this Appendix A is appended, together with all Appendices attached thereto and all amendments or modifications thereto. “Basic Service” means any service tier that includes the retransmission of local television broadcast Signals and any equipment or installation used in connection with Basic Service. “Cable Act” means Title VI of the Communications Act of 1934 as amended, 47 U.S.C. § 521, et seq. “Cable Service” means the one-way transmission to Subscribers of Video Programming or other programming service and Subscriber interaction, if any, which is required for the selection or use of such Video Programming or other programming service. “Cable Service” does not include any Video Programming provided by a commercial mobile service provider as defined in 47 U.S.C. §332(d). “Cable Service Provider” or “CSP” means any person or group of persons (A) who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System. “Cable System” means a facility, consisting of a set of closed transmission paths and associated Signal generation, reception, and control equipment, that is designed to provide Cable Service, which includes Video Programming and which is provided to multiple Subscribers within a community, but “Cable System” does not include: (A) a facility that serves only to retransmit the television Signals of one (1) or more television broadcast stations; (B) a facility that serves Subscribers without using any public right-of-way as defined herein; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. §§201–276, except that such facility shall be considered a Cable System, other than for purposes of 47 U.S.C. § 541(c), to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with 47 U.S.C. § 573; or A-2 (E) any facilities of any electric utility used solely for operating its electric utility system. “Channel” means a “cable channel” or “channel” as defined in 47 U.S.C. § 522(4). “Company” means Comcast Cable Communications, LLC, a limited liability company validly existing under the laws of the State of Delaware or lawful successor, transferee, designee, or assignee thereof. “FCC” means the Federal Communications Commission, its designee, or any successor thereto. “Franchise Area” means the incorporated areas of the City of Milton, Georgia, including any areas annexed by the Franchising Authority during the term of the Franchise. “Franchising Authority” means the City of Milton, Georgia, or lawful successor, transferee, designee, or assignee thereof. “Gross Revenues” means all revenues received from Subscribers for the provision of Cable Service or Video Service, including franchise fees for Cable Service Providers and Video Service Providers and advertising and home shopping services , and shall be determined in accordance with Generally Accepted Accounting Principles (“GAAP”). Gross Revenues shall not include: (A) amounts billed and collected as a line item on the Subscriber’s bill to recover any taxes, surcharges, or governmental fees that are imposed on or with respect to the services provided or measured by the charges, receipts, or payments therefore; provided, however, that for purposes of this definition of “Gross Revenue,” such tax, surcharge, or governmental fee shall not include any ad valorem taxes, net income taxes, or generally applicable business or occupation taxes not measured exclusively as a percentage of the charges, receipts, or payments for services to the extent such charges are passed through as a separate line item on Subscriber’s bills; (B) any revenue not actually received, even if billed, such as bad debt; (C) any revenue received by any affiliate or any other person in exchange for supplying goods or services used by the provider to provide Cable or Video Programming; (D) any amounts attributable to refunds, rebates, or discounts; (E) any revenue from services provided over the network that are associated with or classified as non-Cable or non-Video Services under federal law, including, without limitation, revenues received from telecommunications services, information services other than Cable or Video Services, Internet access services, directory or Internet advertising revenue including, without limitation, yellow pages, white pages, banner advertisements, and electronic publishing advertising. Where the sale of any such non-Cable or non-Video Service is bundled with the A-3 sale of one or more Cable or Video Services and sold for a single non-itemized price, the term “Gross Revenues” shall include only those revenues that are attributable to Cable or Video Services based on the provider’s books and records, such revenues to be allocated in a manner consistent with generally accepted accounting principles; (F) any revenue from late fees not initially booked as revenues, returned check fees or interest; (G) any revenue from sales or rental of property, except such property as the Subscriber is required to buy or rent exclusively from the Cable or Video Service Provider to receive Cable or Video Service; (H) any revenue received from providing or maintaining inside wiring; (I) any revenue from sales for resale with respect to which the purchaser is required to pay a franchise fee, provided the purchaser certifies in writing that it will resell the service and pay a franchise fee with respect thereto; or (J) any amounts attributable to a reimbursement of costs including, but not limited to, the reimbursements by programmers of marketing costs incurred for the promotion or introduction of Video Programming. “Person” means any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit, but shall not mean the Franchising Authority. “Signal” means any transmission of radio frequency energy or of optical information. “Streets” means the surface of, and the space above and below, any and all streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, docks, bulkheads, wharves, piers, public grounds, and public places or waters within and belonging to the Franchising Authority and any other property within the Franchise Area to the extent to which there exist public easements or public rights-of-way. “Subscriber” means any Person lawfully receiving Video Service from a Video Service Provider or Cable Service from a Cable Service Provider. “Video Programming” means programming provided by or generally considered comparable to programming provided by a television broadcast station, as set forth in 47 U.S.C. § 522(20). “Video Service” means the provision of Video Programming through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any Video Programming provided by a commercial mobile service provider as defined in 47 U.S.C. § 332(d) or Video Programming provided as part of, and via, a service that enables users A-4 to access content, information, electronic mail, or other services offered over the public Internet. “Video Service Provider” or “VSP” means an entity providing Video Service as defined herein, but does not include a Cable Service Provider. B-1 APPENDIX B CUSTOMER SERVICE STANDARDS Code of Federal Regulations Title 47, Volume 4, Parts 70 to 79 Revised as of October 1, 1998 From the U.S. Government Printing Office via GPO Access 47 C.F.R. § 76.309 Page 561–63 TITLE 47—TELECOMMUNICATION CHAPTER I—FEDERAL COMMUNICATIONS COMMISSION PART 76—CABLE TELEVISION SERVICE Subpart H—General Operating Requirements § 76.309 Customer service obligations. (a) A cable franchise authority may enforce the customer service standards set forth in paragraph (c) of this section against cable operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to enforce the standards. (b) Nothing in this rule should be construed to prevent or prohibit: (1) A franchising authority and a cable operator from agreeing to customer service requirements that exceed the standards set forth in paragraph (c) of this section; (2) A franchising authority from enforcing, through the end of the franchise term, pre- existing customer service requirements that exceed the standards set forth in paragraph (c) of this section and are contained in current franchise agreements; (3) Any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted herein; or (4) The establishment or enforcement of any State or municipal law or regulation concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by the standards set forth in paragraph (c) of this section. (c) Effective July 1, 1993, a cable operator shall be subject to the following customer service standards: (1) Cable system office hours and telephone availability— (i) The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. (A) Trained company representatives will be available to respond to customer telephone inquiries during normal business hours. B-2 (B) After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day. (ii) Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. (iii) The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (iv) Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. (v) Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located. (2) Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than ninety five (95) percent of the time measured on a quarterly basis: (i) Standard installations will be performed within seven (7) business days after an order has been placed. “Standard” installations are those that are located up to 125 feet from the existing distribution system. (ii) Excluding conditions beyond the control of the operator, the cable operator will begin working on “service interruptions” promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem. (iii) The “appointment window” alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four- hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.) (iv) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (v) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. B-3 (3) Communications between cable operators and cable subscribers— (i) Notifications to subscribers— (A) The cable operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: (1) Products and services offered; (2) Prices and options for programming services and conditions of subscription to programming and other services; (3) Installation and service maintenance policies; (4) Instructions on how to use the cable service; (5) Channel positions programming carried on the system; and, (6) Billing and complaint procedures, including the address and telephone number of the local franchise authority's cable office. (B) Customers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. In addition, the cable operator shall notify subscribers thirty (30) days in advance of any significant changes in the other information required by paragraph (c)(3)(i)(A) of this section. Notwithstanding any other provision of Part 76, a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State, or franchising authority on the transaction between the operator and the subscriber. (ii) Billing— (A) Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (B) In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30 days. (iii) Refunds—Refund checks will be issued promptly, but no later than either— (A) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (B) The return of the equipment supplied by the cable operator if service is terminated. (iv) Credits—Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. B-4 (4) Definitions— (i) Normal business hours—The term “normal business hours” means those hours during which most similar businesses in the community are open to serve customers. In all cases, “normal business hours” must include some evening hours at least one night per week and/or some weekend hours. (ii) Normal operating conditions—The term “normal operating conditions” means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. (iii) Service interruption—The term “service interruption” means the loss of picture or sound on one or more cable channels. [58 FR 21109, Apr. 19, 1993, as amended at 61 FR 18977, Apr. 30, 1996] VH MILTONt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 9, 2018 FROM: Steven Krokoff, City Manager) AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and InterDev, LLC., for an Information Technology Assessment. MEETING DATE: Wednesday, February 21, 2018 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: (4ES () NO CITY ATTORNEY REVIEW REQUIRED: (1YES () NO APPROVAL BY CITY ATTORNEY: (yXPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o 112,)) 2616 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: David Frizzell, IT Manager Date: February 1, 2018, for the February 21, 2018 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Interdev, LLC, for an Information Technology Assessment. _____________________________________________________________________________________ Project Description: This Work Order will provide a third-party evaluation and assessment of the city’s IT environment, infrastructure, and security. This will provide guidance for the City to keep pace with best practices in today’s evolving technology, as well as identify any shortfalls that need corrective action. Procurement Summary: Purchasing method used: Professional Services Account Number: 100-1535-521200000 Requisition Total: $ 14,500.00 Vendor DBA: Interdev, LLC Other quotes or bids submitted (vendor/$): NA Financial Review: Bernadette Harvill, February 1, 2018 Legal Review: Sam VanVolkenburgh, February 1, 2018 Attachment(s): PSA-Interdev.pdf MfLTO H ED ?W PROFESSIONAL SERVICES AGREEMENT — SHORT FORM This Professional Services Agreement ("Agreement") is made and entered into this day of 120 (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 InterDev, LLC, a Georgia Limited Liability Company, having its principal place of business at 2650 Holcomb Bridge Rd, Suite 310, Alpharetta GA 30022 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including; Exhibit "A" — Scope of Work Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — 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. The Work. A general description of the Project is as follows: an evaluation and assessment of the City's current IT environment, providing an analysis of the Information Technology structure and operations throughout the City of Milton (the "Project"). 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 will not include the GIS assessment shown as "optional" in Exhibit "A." Unless otherwise stated in Exhibit "A", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before March 30, 2018 (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. The Parties acknowledge that this Agreement is not a "multi-year purchase agreement" as contemplated by O.C.G.A. § 36-60-13. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum 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 shall not, in any case, exceed $14,500.00 (the "Maximum Contract Price"). except as outlined in Section 4 above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon the flat fee of $14,500. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed shall be paid to Consultant upon City's receipt and approval of a final invoice, along with all supporting documents required by the Agreement or requested by City to process the invoice. The invoice shall be submitted upon completion of the Work. Section 6. Covenants of Consultant. A. Licenses, Certifleation and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. Smith D. Consultant's Representative, Meetings. Ashley [INSERT NAME] shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant 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 the City. E. Assienment of Agreement. Consultant 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. F. ResponsiWilty of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant 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 Work, performance of contracted services, or operations by Consultant, any 2 subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable,.. regardless of whether or. not the act or omission is caused in part by a party indemnified hereunder, provided that this indemnity obligation shall only apply to. the.. extent. Liabilities are .caused .by or result.frorn the negligence, recklessness, or intentionally wrongful conduct of the Consultant. orother 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 exist .as to any party or person described in this ptovisi..on. 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.. Notwithstanding any provision to the contrary in. Exhibit `°A"., this Agreement will not. require the City to indemnify Consultant, .However, nothing%in this. Agreement will be. construed as a waiver by Consultant of any valid .claim or cause .of action against the City, G, Indetiendent Contractor. Consultant.hemby covenants and declares that it is engaged in an independent. business, and agrees to perform: the Work as. an independent contractor and not as the agent or employee of City. Consultant :agrees to be solely responsible for. its own matters. relating to the time and. place the: Work is perforrned and the. method used to. perform such Work; the instrumentalities, tools., supplies and/or materials necessary to complete: the Work.; hiring and payment of consultants, agents or.ernployees to complete: the Work, 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.Consultantas to the details of the services to be perfonned 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 itselfas 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. priorwritten consent of City. H. Insurance. Consultant shall leave 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. Consultant 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:urrmbrella: :policies, and except where such requirement is specifically .waived in writing by the City, Consultant: shall ensure that. its insurer waives all rights of subrogation against the City for losses. arising from Consultant's. Work and that the City and its officials, employees or.. agents are named. as additionat insureds. I. Em Io ment of Unauthorized Aliens Prohibited _. E -Verify Affidavit. Pursuant to O.C.G.A. § 1340-91, City shall notenter into a. contract for the physical .performance of services unless. (1) Consultant shall provide evidence on City -provided forms, attached hereto. as Exhibits "C" and "D" (affidavits regarding compliance with the F=Verify prograhi to be sworn under oath. under criminal :penalty of .false swearing pursuant to O.C.G.A. § 16-10;71), that it and Consultant's subcontractors have registered with,..are authorized to use anduse 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.authorizationprogram throughout the contract penod; or (2) Consultant .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. Consultant hereby verifies that it has, prior .to executing this Agreement, executed a notarized affidavit., the farm of which is provided. in Exhibit "C" , and subtrt tted.such affidavit:to City or provided City with evidence that it isan individual not required. to..provide such an affidavit because it is licensed and in good standing as. noted in sub -subsection. (2) above. Further, Consultant. hereby agrees to comply with the requirements of`the federal.hnmigration Reform and Control Act of 1986.(IBCA), P.L. 99-6.03, O C.G:A, § 1.3=10-91 andGeorgiaDepartment of Labor Rule: 30040-1-.02. In the event Consultant employs or contracts with: any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from. such subcontractor(s) attestation of the. subcontractor's compliance with 0. C.G.A. § 13-10-9:1 and Rule 3.00-10-1-.02 by the subcontractor's execution of the subcontractor affidavit; the form of which is attached hereto as 3 Exhibit "D", which subcontractor affidavit shall become part of the Consultant/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, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant'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. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK DIME] 500 or more employees. 100 or more employees. Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant 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, Consultant 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. Ethics Code,• Conflict of Interest. Consultant 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. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work Consultant 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. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant acknowledges that notwithstanding any statements in its Proposal (Exhibit "A") regarding the confidential nature of its Proposal, this Agreement and its exhibits will be a public record of the City and will be spread upon the minutes of the City Council meeting where this Agreement is approved. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant 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, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 4 Section 7. 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 he executed. in any number of -counterparts, each of which shall be deemed an.original. but all of Which -taken together shall .consti.tute one and the saine 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 he. govemed..by and construed in accordance with the taws 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 [I.S..District.Court for the Northern District of Georgia— Atlanta Division, and Consultant submits. to the jurisdiction and venue of such: court. During the Tenn of this Agreement, Consultant shall maintain a Business license with: the City, unless. Consultant provides evidence that no such license is required. Consultant agrees.diat.it will perform:all.Work in accordance with the standard of care and quality ordinarily expected of .competent professionals and in compliance with all federal, state, and. local laws, regulations,. codes;: ordinances, or orders :applicable to. the .Project, including,: but not .limited to, any applicable records, retention requirements and Georgia's Open Records Act (O.C.G.A, ys 50-I8-71; et seq.). 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 inany way affect this Agreement. 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 atter thepostmark 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 ffrst.gi.ven above or at a substitute address previously furnished td the other. Party by written notice in accordance herewith. E. Waiver; .Sovereign Intmun - No express or. implied waiver. shall affect any termor condition other than.the..one speci.fiediin such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be .construed .to he a waiver of City's sovereign immunity or any individual's qualified, good faith or official itntnunities. F. Agleement Construction and Interpretation; Invalidit of .Provisions• Severability': Consultant represents that it has reviewed and become familiar with. this Agreement. and has notified :City of any discrepancies, conflicts or etrors herein. The Parties agree. that,.if an ambiguity or question ofintent or interpretation arises, this,Agreement.is to be construed as if the.Parties.had drafted it jointly, as .opposed to. beingconstrued against a. Party because. it was responsible. for drafting one or more provisions of the Agreement. In the interest. of brevity; .thc 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 isnot intended to affect the interpretation of either.statement. Should any article(s) or section(a) of this Agreement, or any part thereof, latex 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 retrain .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 retraining portion of this Agreetnent without.including any such part, parts,. (k portions that may for any reason be. hereafter declared invalid: Ratification of this..Agreetn.ent by a majority of the:Mayor and City Council shall authorize the..Mayor.to. executethis.Agreement on:behalf of City: IN WITNESS WHEREOF, City and Consultant.. have executed tlus.Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONSULTANT: litterDev; LLC Signature: PrItItName: 6-11 rz Title: MemberlManagci .(LLC) AttestAVitazess: Signatuy. Print Name: r Title: (Assistant). Corporate Secretary (required. if corporation) Attestt Signature: Print Nme: Title; City Clerk. Approved..as to form: City Attorney CITY OF MILTON, GEORGIA By; Joe Lockwuad,.Mayor [CITY SBALI 6 EXHIBIT "A" INTERDEV Managed IT I Security Atlanta 2650 Holcomb Bridge Road Suite 310 Alpharetta, GA 30022 770-643.4400 Chicago 2700 Patriot Boulevard Suite 250 Glenview, IL 60026 847-503-0660 Proposal IT and GIS Assessment for the City of Milton, GA MILTON It k51 000 January 5, 2018 yF�T�r� I A(Barracuda VMWare- aLoalto C 15 C C „ WEAK. .5 IN� Executive Summary INTERQEV MM2W 17! Secwity _/ The City of Milton has expressed an interest in a third -party evaluation and assessment of the City's current IT and GIS environments, infrastructure and security. InterDev welcomes the opportunity to partner with the City to investigate and evaluate these critical technology environments. This investigation can serve as the basis for a strategic technology plan to move the City forward and provide the best possible IT support for the City departments, staff and its citizens. InterDev s assessment process investigates the critical components necessary to support the complexities of a municipal operation. The process will examine computer hardware, software, operating systems, servers, storage, network performance, and IT security. These foundational items must not only work together securely but also align with City projects, budgets and operations. InterDev will combine the infrastructure information with responses from departmental interviews to make recommendations for a comprehensive IT strategy and staffing pian for the City. Our experience with local governments can help direct IT efforts and budgets where they have the greatest positive impact on your municipal operations. The Technology Assessment will take place over a period of two weeks and will provide valuable insight into the technology, planning, performance and security of the City's IT operations. IT Assessment The methodology for a full IT Assessment of the City's environment is accomplished with a combination of an onsite review and the utilization of a network appliance placed on the City's network. This appliance will efficiently discover all network computers and appliances then report on the age, software, security and usage of each device. In conjunction with the network scan, both internal and external security scans will be executed. The City will receive comprehensive reports covering their hardware, software and security status. These reports combined with InterDev's onsite review will be used to determine any areas which may need to be addressed. The timeframe for upgrades or issue resolution will depend on the severity of the situation -- i.e. critical security issues should be addressed immediately for the security of the City's data/information. Less urgent issues like hardware or software/D5 version upgrades can be planned and managed according to City budgets and timelines. GIS Assessment — (Optional) The preferred method for determining the short-term requirements and best long-term plans for the City's GIS environment is the performance of a comprehensive GIS Assessment. InterDev's GIS Assessment process incorporates best -practice principals to evaluate the efficiency and security of the technology, systems and policies used in your environment. The InterDev team will investigate software versions, software deployment, and existing infrastructure and security setups to evaluate the City's GIS environment and make recommendations for changes and improvements if they are needed. InterDev I Atlanta — Chicago Corporate Background and Qualifications roll," INTERDEV Managed Tf i Senrity �/ InterDev has been providing information technology (IT) support and security services to corporations, non-profit and educational organizations, and public -sector entities for more than three decades. InterDev recognizes the incredible potential of GIS and IT working together as one unit, therefore we have a highly skilled, eager, and motivated team of GIS professionals working with many of our municipal and commercial accounts. InterDev is headquartered in Alpharetta, Georgia with offices in Chicago, Illinois, and Beaufort, South Carolina. InterDev History and Vision InterDev's founder, Gary Nichols, is a recognized innovator in the IT industry, in part because of his consistent focus on the importance of strategic planning and visioning. While other companies were struggling to react, and adapt to the rapid acceleration of technology that began in the 1980s, Nichols and his team were encouraging clients to adopt a disciplined, future - focused approach to every IT effort. InlrrnPV%Core Vomprtrnrir Information ...,,,.,, v Technology � Geographic InformationProject Systems (GI s)Management In the 1990s, long before most IT firms had heard the term "public-private partnership" [PPP], Nichols and his team were contracting with the State of Georgia's Office of insurance and Safety Fire Commissioner to assist with strategic IT development, a contract that InterDev retains to this day. In 2010, InterDev again took a leading role in the PPP movement when it was chosen by the City of Sandy Springs for end-to-end management of its technology functions. Today, InterDev provides fully managed IT services to many cities in Metro Atlanta, plus seven cities in the northern suburbs of Chicago, IL. Overall, InterDev has completed successful projects with more than 60 public -sector entities. InterDev has continued to promote the importance of strategic planning and visioning. By assisting its public -sector partners in developing and executing one, three and five-year planning efforts, they have reached the goal of adopting innovative and transformative IT methodologies that lead to continuous improvement. InterDev maintains a clear focus on achieving in the present while planning for the future. lnterDev's breadth of knowledge enables the company to work with technology systems from all periods and at all levels of complexity, including the legacy systems common in public -sector environments. InterDev has a proven ability to bridge the gap between older hardware and software and new technologies as we help our government partner's transition to contemporary InterDev j Atlanta — Chicago r-0111",`7 I NTERDEV Managed IT 15e rity _- solutions. Furthermore, in situations where public -sector systems require updating, InterDev's recommendations routinely result in significant operating and maintenance cost reductions. Core Values InterDev is committed to providing top -tier services to municipal and small -to -medium enterprise corporate environments and nonprofit clientele. We apply an enterprise mentality to our work and insist on the highest ethics from our staff. We strongly believe in honesty, fair dealing, client -first mentality, respect for all, sustainable growth and stewardship of resources. InterDev is a diverse organization, both in principle and practice. Experience InterDev's experience in the municipal sector, working with cities and other government entities to support their business processes sets us aside from our competition. Our team is dedicated to work with the end users at each municipality to provide the best quality support processes possible. The hallmark of InterDev's success in business both in Public and in the Private Sector has been the coordination of efforts and resources with the goals and objectives of our clients. This coordination of our efforts and those of the clients and their constituents is essential to the continued success of the operations involved. Cooperation between the InterDev staff, City Staff, vendors, neighboring communities or municipalities is key to leveraging the effectiveness and efficiency of shared initiatives and projects. InterDev is instrumental in establishing and supporting shared services among our clients and neighboring communities including projects like shared backup support, joint GIS flyover and LIDAR acquisition services, joint Public Safety crime analysis, and Emergency Services 911 and. Public Safety dispatch. Much of the support provided by InterDev has enabled common technologies to span disparate systems but support common goals. Public - Private Partnerships Today, it is no longer practical or affordable for municipalities to stay single handedly abreast of the Iatest developments in IT, whether implementing cutting-edge technology systems or defending against imminent data threats. InterDev has entered into public-private partnerships with select municipalities to bring its award-winning expertise to bear on behalf of these entities and their citizens. As threat landscapes become more hostile, and budget restrictions make it more difficult for governments to stay current with emerging technologies, InterDev's security focused Managed IT Services offering has become the model for nearly two dozen successful public-private partnerships. Our ongoing work with cities and counties positions us to help the City of Milton leverage powerful synergies that will result in more efficient, enhanced service delivery to the public. As the City's IT Service provider, InterDev will apply its expertise to help the City utilize inter -city sharing, and to explore a "low to no -cost" Disaster Recovery exchange with a sister City or other public -sector site which is not subject to the same environmental risks. For governments whose budgets are increasingly restricted, municipal knowledge sharing and resource pooling is no longer a theoretical concept—it is a proven model for dynamic leadership InterDev J Atlanta - Chicago ro*ft" INTERDEV Managed IT ; Security _! and success. InterDev's existing partnerships with local area governments and agencies will enable the City of Milton to easily embrace this model for the benefit of the City and its citizens. Interaev's Unique GIS Qualifications InterDev stands apart from most IT and GIS firms because of our skills in handling the design, implementation and management of an enterprise GIS environment. This includes the increased requirements for data collection, management and mapping and the technology necessary to support a full municipal GIS environment. Combined with our expertise in GIS, InterDev is a leading provider of IT services including application development, cloud computing, asset management, networking, and security. Security is a critical component which cannot be ignored when managing sensitive GIS data. We have helped many organizations build reliable, responsive and budget - sensitive GIS technology solutions for today and the future. InterDev has a team of Geographic Information A rcG I5 Online Systems Professionals with many years of experience designing, implementing, and monitoring robust, cost- Specialty ost- SpecIa!ty effective GIS solutions for government, military and corporate use. Our company has been chosen by multiple government entities to provide GIS, GIS database management, and GIS integration services. These services support the efforts of a wide range of industries from public works, storm water management, community planning, police, fire and economic development. InterDev f Atlanta - Chicago r.o*" I NTERDEV Managed a! se—ity _! Municipal Accounts InterDev s municipal customers include, but are not limited to, the following cities, counties or agencies. • City of Beaufort, SC ■ City of Sandy Springs, GA • City of Dunwoody, GA • City of Stonecrest, GA ■ City of Lawrenceville, GA ■ City of Gainesville, GA • City of Douglasville, GA • City of Tucker, GA • Columbia County, GA ■ Village of Glenview, IL • Village of Buffalo Grove, IL • ViIlage of Lake Bluff, IL • Village of Kenilworth, IL • Village of Lincolnshire, IL ■ City of Highland Park, IL - Public Safety • City of Lake Forest, IL - Public Safety • City of Albany, GA • City of Duluth, GA • City of Holly Springs, GA ■ City of Chamblee, GA • City of Canton, GA • Hall County, GA - Board of Commissioners ■ Henry County, GA ■ Lowndes County, GA - Board of Commissioners • State of Georgia, Office of Insurance and Safety Fire Commissioner ■ Brevard County Sheriff's Dept., FL With over 37 years of experience, InterDev's client list includes more than 1,250 businesses, governments, non -profits, school systems and other organizations. These varied accounts include more than 20 fully managed IT accounts - where InterDev provides their complete IT department staff and support services, from CIO to Helpdesk and all strategic planning, security, networking and troubleshooting. InterDev has regular accounts that use specific subsets of our Managed Services Plan such as server monitoring or security audits, and accounts that prefer a simple break - fix support agreement and call for IT service as needed. InterDev I Atlanta - Chicago InterDev Management Team tri INTERDEV Managed IT I Ser Hty `j InterDev believes in its clients and its staff, and in the power of technology to fundamentally transform the way private and public -sector entities conduct business. We operate only at the utmost level of performance and believe that "best practices" is a requirement, not a platitude. The InterDev team assigned to this engagement represents decades of experience working with Information Technology in both the municipal and corporate arenas. As a company, InterDev has been providing IT consulting, support and planning services for over 35 years. aur work in the State and Local Government area has extended over 15 years. Each team member has extensive experience in his field and 1n these markets. InterDev is proud to offer a team of professionals to provide the services requested by the City. Gary Nichols, Founder & CEO Gary Nichols founded InterDev in 1980 and along the way earned his stripes as an early adopter of PC technologies, local and wide area networking, the Internet, and the value of managed IT services. Today Nichols leads a firm of 44 and is responsible not only for managing the firm's strategic direction but also for overall operations and customer satisfaction. His extensive experience provides a vast background for consulting in the critical areas of network infrastructure, knowledge management solutions, cloud computing, network security and municipal IT outsourcing. Nichols' vision for how private -sector managed services could benefit the public sector, coupled with decades of service to varied Iocal and state government agencies, is what ultimately led to the formation of successful public-private partnerships (PPP) with the City of Sandy Springs, the City of Brookhaven and the City of Dunwoody in Georgia. Certifications: • Certified Information Systems Security Professional (CISSP) Competencies. • Network Design • Network Security • IT Infrastructure • Systems Integration • 1T Assessments & Audits ■ Application Development • Knowledge Management Solutions • Disaster Response Planning • IT Support/Help Desk • Municipal IT Outsourcing • VoIP/Telephony Nichols earned a Bachelor of Business Administration from Georgia State University and is a Certified Information Systems Security Professional (CISSP). He is a member of the Technology Association of Georgia (TAG) and a volunteer with TAG -Ed. InterDev f Atlanta — Chicago Ashley Smith, Director of Government Services, GCCI❑ Ashley Smith has served as the IT Manager at the City of Dunwoody for four years. His insight and planning have helped position the City of Dunwoody as a leader in the municipal arena. Smith and his team have worked diligently to ensure Dunwoody continues to set the bar for exceptional municipal services for its citizens. He has been working in government IT for the last 10 years, at both the state and Iocal level. Prior to joining InterDev, Smith served as the IT and Communications Manager for the City of Hapeville, Georgia, and as the IT Manager for the Hapeville Wi-Fi Network, part of the Wireless Community Georgia Grant program sponsored by the Georgia Technology Authority. As a presenter at the Georgia Municipal Association's Annual conference and the Annual Mayors' Day conference, Smith has taught classes on hest practices in government IT and on using technology to improve government operations. Smith has a Masters of Public Administration from Georgia Southern University and has his Certified Government Chief Information officer (CGCIo) certification. InterDev I Atlanta - Chicago INTERDEV MuMad rr I FNK-AtYv Certifications: ■ Certified Government CIO (CGCIO) • Cisco Certified Network Associate (CCNA) • Network + • GCIC Data Integrity • DHS Technology Recovery Training • DHS Project Management certificate Competencies: • FEMA Disaster Recovery Training • Network Design • Network Security • IT Infrastructure • IT Assessments & Audits • Knowledge Management Solutions • Disaster Response Planning • IT Support/Help Desk • Municipal IT Outsourcing ■ VoIP/Telephony ■ Tyler Incode • Spillman ■ Storage ■ Security • Windows Server Solutions ■ NetApp City of Milton, GA IT and GIS Assessment Proposal Daniel Schultheiss, Chief Operating Officer, COO Daniel Schultheiss joined InterDev in 2006 as a JiNetwork Engineer and implemented InterDev's Managed Services platform. He played a key role during a major upgrade to the Lawrenceville Police Department's server infrastructure and was heavily involved in the program setup for InterDev's contract with the City of Sandy Springs, transitioning the City from a hosted domain to an on - premise solution. While at Sandy Springs, Schultheiss managed a staff of nine employees including network engineers, helpdesk specialists and GIS staff. From 2013-2014 he served as the IT Director at the City of Brookhaven, Georgia, where he was responsible for all IT infrastructure, systems integration, and telecommunications and provides support for the City employees, Police and Fire Departments. I NTERDEV Managed rr I Se[urity -01001 Certifications: • Certified Information Systems Security Professional [CISSP] • Certified Ethical Hacker [CEH) Competencies. • Public Safety • CJIS Support • Security ■ Storage • Networking ■ Dell EqualLogic • VMWare • Barracuda • Palo Alto • SonicWALL In 2014, he was promoted from Government Services Director to the Director of Information Technology & Security, CSO for InterDev. Schultheiss shares his extensive expertise in government IT and Security to provide analysis and recommended enhancements for the IT infrastructure of corporations and municipalities supported by InterDev. He has over eleven years of IT experience, including positions as Senior Systems Engineer and SAN Specialist for InterDev's corporate and municipal accounts. Schultheiss graduated from the University of South Carolina in 2006 with a Bachelor of Science degree in Computer Engineering. He is a member of the Technology Association of Georgia [TAG]. InterDev I Atlanta - Chicago Neil Matchan, Chief Technology Officer, CTU Neil Matchan joined InterDev in 1998 as a 6 Senior Systems Engineer. He served as Director of IT Services From 2006-2013, overseeing InterDev's Technology Department and all related projects and client interactions. In 2014, he was promoted to CTD, a visionary role that more clearly represents the contributions he makes to InterDev and our clients today. Matchan has been instrumental in developing, managing and growing InterDev's Managed Services program. His insight and extensive technology background have enabled Matchan to provide exceptional IT planning services for InterDev's government and commercial accounts. Prior to joining InterDev, Matchan worked in corporate sales for CompUSA, where he was named a Top 30 performer in the nation for corporate sales, and was the #1 Account Executive at his location from 1995-1998. Matchan studied Industrial Psychology at Georgia State University and graduated from the Network Administrator Specialist program at Oglethorpe University. InterDev j Atlanta — Chicago INTERQEV Managed R 1 Security" Certifications: ■ Certified Information Systems Security Professional (CISSP) ■ Microsoft Certified Systems Engineer(MCSE) • Microsoft SBS 2008 Certified Engineer • Barracuda NG Firewall Engineer • Barracuda Networks Spam Certified Engineer • VMware administrator ■ Barracuda Networks Message Archiver Certified • Barracuda Networks Load Balancer - Certified • Dell Product Specialist since 1994 Competencies: • Network Design • Network Security • IT Infrastructure • Systems Integration ■ IT Assessments & Audits • Knowledge Management Solutions • Disaster Response Planning • Ruckus Wireless • VoIP/Telephony • Storage ■ Security ■ Microsoft SQL Server ■ Windows Server Solution Jesse Cail, Sr. Security Engineer, CISSP, GSEC Jesse Cail is lnterdev's Sr. Manager of the company's overall information security program. This includes identifying applicable regulatory compliance requirements and industry best practices, write and implement policy, develop user awareness training, conduct vulnerability and risk assessment, and the application of mitigating controls. Jesse has been tasked to research, test and implement security technologies without adversely impacting production environments. He has background in Windows Server Administration in virtual environments to include Active Directory and Exchange integration, DNS and DHCP configuration and management, group policy development and implementation, and all aspects of desktop and client support. Knowledgeable in: NIST Cyber Security Framework, Payment Card Industry Standards, Criminal justice Information Services Security, HIPAA Security Rule, IRS Pub 1075, Critical Security Controls, Check Point Software Blades and Gaia R77.20/R77.30, Cisco Umbrella/OpenDNS, Barracuda Networks Spam & Virus Firewall, Symantec Endpoint Protection Manager and Client (12 & 14), Thycotic Secret Server, Thycotic Password Reset Server, Kali Linux, NMAP Scanner, Nessus, Qualys, Nexpose, VMware ESX1, VMware vSphere, Microsoft Windows Server 2003, 2008, and 2012, Microsoft Exchange 2010, and 2016, SQL 2012 and 2014, Microsoft Direct Access, Windows 7, Windows 8, and Windows 10 Desktop Environments, Apple OS X, Apple IOS, Microsoft Office 2010, 2013, and 2016, WSUS 3.0, Ubuntu, Open SUSE, Air watch Mobile Device Management, U.S. Army Special Operations Forces Deployable Node family of systems, U.S. Army Special Operations Radio Integration System, and U.S. Army Special operations Tactical local area network (TACLAN) United States Army 4tb Battalion, Sth Special Forces Group (Airborne) - Fort Campbell, Kentucky National Security Council, White House -Washington, D.C. White House Communications Agency - Washington, DC InterDev I Atlanta - Chicago I NTERDEV Menaced Pr I Security NWJ Certifications: ■ Certified Information Systems Security Professional (CISSP) ■ GIAC Security Essentials Certification [GSEC] Competencies: ■ Public Safety ■ CJIS Support ■ Security • Storage • Networking ■ Dell EqualLogic • VMWare • Barracuda ■ Palo Alto ■ SonicWALL • WatchGuard • NIST Cyber Security Framework • Payment Card Industry Standards • H1PAA Security Rule • IRS Pub 1075 ■ Critical Security Controls • Check Paint Software Blades and Gaia R77.20/R77.30 • Cisco Umbrella/OpenDN S 1 NTERDEV Mike Edelson, GIS Manager, GISP Mike Edelson is lnterDev's GIS Manager, with Certifications: more than 15 years of experience in 0 GIS Professional (G[SP] geospatial technologies in private, ■ Security Clearance, U.S. s1 governmental and military settings. • URISA's DistinguishedSystems Department of Defense Award for • Leadership DeKalb, Edelson has managed multiple large projects, Government, 2014 Class of 2016 including GIS military master planning production, quality control, data management, analysis, Best Map Award, 2013 services for dozens of military installations throughout the Competencies: world, including the United States, Afghanistan, Iraq, Kuwait, ■ GIS Enterprise Design & India, Bangladesh, Korea, and Kyrgyzstan. He was also a key layers and supported the analysis and mapping of all city Management participant and contributor in multiple local governmental • Project Management startups, including the new Georgia cities of Sandy Springs, a Application Development Johns Creek, and Brookhaven. He has an undergraduate a Cartography degree in Geography from Florida State University, earned his • Urban Planning Geographic Information Systems Professional certification and • Military Master Planning is in the process of completing his certification as a Project • Data Modeling Management Professional. ■ 3-D Visualization ■ Land Surveying Relevant GIS Project Experience ,Awards & Recognition: ■ GIS Manager, City of Brookhaven, Georgia, 2013— • Published in the Esri Map 2015 Managed the design, build, and implementation of Doak Volume 31, 2016 the City's enterprise -wide GIS Department. • URISA's DistinguishedSystems Award for • Project Manager, Duke Energy Nuclear Project, 2008- Exemplary System in 2013 Provided GIS services in support of two U.S. nuclear Government, 2014 power facilities. Responsibilities include overseeing map . DeKalb County, GA GIS Day production, quality control, data management, analysis, Best Map Award, 2013 scoping, budgeting, and client services. • Recognized by Alabama • Senior GIS Analyst, City of Decatur GIS Services, 2012- State Congressman for 2013. Maintained the City of Decatur's core GIS data work performed in layers and supported the analysis and mapping of all city support of Hurricane departments. These departments included; Planning & Katrina Disaster Relief, Zoning, Public Works, Fire, and Historic Preservation. 2005 • GIS Lead for Capacity Site Survey for Nine (9) Air Force Bases, Iraq, 2009-2010. Services entailed interpreting, creating and analyzing products using Common Installation Picture [CIP] files to create GIS maps and datasets in support of base planning InterDev I Atlanta — Chicago Lewis Wilkinson, Senior Project Manager, PMP Lewis Wilkinson joined InterDev in 2011 as an Account and Project Manager. In 2012, he spent r an eight-month engagement overseeing the citywide Tyler Munis Enterprise Resource Planning [ERP] conversion at the City of Sandy rr Springs. He is currently managing InterDev's team of PMI Certified project managers in the InterDev Project Management Office (PMO). During the first six months of 2014, Wilkinson worked closely with Village management and the GovIT Consortium transition team planning the orderly migration of five municipalities to InterDev's Managed IT Services. Prior to joining InterDev, he spent 14 years working in sales, service, and support of ERP systems with companies including Computer Associates, SSA, BAAN, Systems Conversion, PowerCerv, BravePoint, and QAD. He has covered manufacturing, warehouse logistics, financial management and reporting for corporations in the United States and Mexico. During his InterDev tenure, he has worked extensively with Tyler Munis, Tyler Incode, New World Systems, Cityworks and the ESRI GIS software suite. r_**_1 I NTERDEV Managed rt I Setwity 1%alow Certifications: • Project Management Professional (PMP)@ • Certified ScrumMasteriV (CSM) • ITIL Foundations Competencies. • Enterprise Systems • Tyler ❑ Munis ❑ Incode o EnerGov 0 New World Systems • ESRI GIS Suite • SAP R3 ■ Lawson • Infor ❑ Warehouse BOSS ❑ PRMS o ManMan ❑ CAS ❑ BPCS • QAD Logistics • Microsoft Dynamics Wilkinson has experience with the planning, implementation, project management and integration of enterprise systems with an emphasis in ERP and GIS systems. Wilkinson earned a Bachelor of Arts in Sociology with Minor in Computer Science from Wake Forest University. He is a certified Project Management Professional as recognized by the Project Management Institute. InterDev I Atlanta — Chicago City of Milton, GA IT and G15 Assessment Proposal Staff Certifications r -^-i 1 NTERDEV M—q.d rt l se-dty ISWOF To keep up with the rapid pace of the technology marketplace, InterDev puts forth a significant investment in continuing education and certification for every employee. Upon the first day of employment, our employees are held accountable to keep up with the latest technology solutions and trends. It is due to this requirement that our employees currently hold some of the most prestigious certifications in the technology industry. Some of these certifications include: • Certified Information Systems Security Professional (CISSP) • Certified Ethical Hacker (CEH) • Microsoft Certified Solutions Expert (MCSE) • Project Management Professional CPM P) • Geographical Information Systems Professional (GISP) • ITIL Q Foundation • CISCO Certified Network Associate CCCNA) • Certified Government CIO (CGCIO) Certified Information microscw Systems securty Profess on,di C E R T I F I E D Solution Expert P IF _ W AA '� ITIL Foundation V3 �a V GISP InterDev I Atlanta - Chicago "' 111111118 CE H CISCO_ Certified Ethical Hacker City of Milton, GA IT and Gly Assessment Proposal Company Certifications INTERDiEV Managed n- I Security In addition to maintaining partnerships with numerous best -of -breed technology vendors, InterDev is a Microsoft Gold Certified Partner, the highest level of Microsoft solutions partners, and is a Certified Diamond Reseller for Barracuda Networks. InterDev was recognized by Barracuda Networks as the top U.S. Reseller of the Barracuda Message Archiver, and is the top reseller worldwide for the Barracuda Phone System. InterDev's close working relationship with industry leading hardware and software vendors provides our clients with critical information about the latest technology and the best practices for its use in their environments. IMH0 Am SONICWALLI -10 Alwmm ! d roto 111111`11 Cisco GOLD CERTIFIED Partner Part nerNetwark ` Cloud Power NetApp- Cloud Accelerate Partner 00 UNITRENOS InterDev I Atlanta — Chicago DELL 5ecureworks 10 paLoa oto NETWORKS the nttwork • Company FK:RTnET City of Milton, GA IT and GIS Assessment Proposal Scope of Work Overview INTERDEV Managed IS I Security `,#*1F InterDev will conduct an objective analysis of the Information Technology structure and operations throughout the City of Milton. This process provides critical insight into the City's current status and potential areas of improvement. InterDev can then develop realistic plans to provide all City departments with the best computing technology and services that conform to the City's adopted technology plans, security policies, and budgets. The assessment will include an organizational review and evaluation of the City's current IT infrastructure which supports the core business functions of the City. An evaluation of the findings and recommendations will be utilized to create a roadmap to a more effective model of IT for the City. This information is used in the creation of an initial Strategic Plan that can be used to guide the City's technology related decisions. The recommendations presented to the City will be based on industry hest practices and InterDev's years of experience supporting the IT functions and operations of other local governments of similar scope and complexity. The development of full 1, 3, and 5 -Year Technology Plans are outside the scope of this assessment but are available should the City wish to engage in the full planning process. Project Approach The IT assessment for the City of Milton will be focused on three main areas: 1. Administration 2. Technology 3. GIS (optional) Administration Review The Administration review is focused on answering the questions "Are we using the technology we have appropriately? And, is our current IT investment what is needed to accomplish our business goals?" The findings and recommendations related to IT Administration will be based on information received from City staff during departmental interviews, along with reviewing the City's IT related policies and procedures. The Administration assessment is separated into 5 sections: L Project Management Approach 2. Help Desk Administration 3. Change Management 4. System Management S. Application Maintenance / Support InterDev I Atlanta - Chicago Technology Review In conducting the technology review, InterDev will focus on seven core areas: 1. Security Management (see Security Assessment section below) 2. Infrastructure - Network 3. Infrastructure - Communications 4. Infrastructure - Servers, Storage, and Backup S. Infrastructure - Hardware [General] 6. Data Center Management 7. Workstation Management ro%-, I NTERQEV Mpd R f �—itYtI The findings and recommendations related to the City's technology will be based on the information InterDev staff receives from the City's current IT support staff, city staff, running various network scans, and site surveys of all city buildings with IT related infrastructure. GIS Review (optional) This look at your GIS environment provides a solid basis for a more comprehensive plan for optimizing GIS in the future. As indicated — this component of the Assessment is optional. The increased integration and importance of GIS services into all City operations combine to make GIS a critical technology services area. InterDev believes GIS services should be an important part of the City's Strategic Technology Plan. The hardware, software and database reviews will provide the background for InterDev's report on the health and security status of the City's GIS environment and management policies. All our technology review efforts will be performed in conjunction with your onsite GIS staff, as our goal is to discover and evaluate, and then offer suggestions for improvement as warranted. As part of our full GIS Assessment process, the following areas will be examined and evaluated. • GIS Software Assessment: We will review all desktop, server, and handheld software for version updates, compatibility with each other and outside systems, and vendor maintenance and support. ■ Database Assessment: InterDev will review all GIS related databases to determine current version, recent updates, backup and restore policy and processes, security, redundancy, accessibility, and usability in the GIS environment. ■ Hardware Assessment: An assessment of your GIS hardware infrastructure involves a review of the physical hardware, its configuration, warranty status, scalability, and capability of the existing computing environment. As GIS is a hardware intensive process, InterDev may recommend upgrades to the existing hardware environment to better support current and future GIS efforts. ■ Policy Review: This includes a review of the City's security and backup policies and procedures relating to sensitive or important data to be used in the GIS environment. InterDev I Atlanta — Chicago City of Milton, GA IT and GIS Assessment Proposal INTERDEV Mantled FT I Sttu.ity`. Milton Technology Assessment 110 F, Initial Overview General tour/walk through Project Team Network Discovery & Inventory Network Detective Deployment • Site Map Network Map, facilities/Services Map Network Team Settings, security, upgrades, deployment Network Team ■ Network Appliances strategy • Network Architecture Efficiency, technology, uptime, improvements Network Team • Cabling Infrastructure Design, age, fiber, citywide Network Team OS, VM, Age, Utilization, upgrades, SAN, Tech Team • Servers Security Configuration, upgrade, utilization, Tech Team • N backup/restore, i Age, deployment, upgrade/refresh timeline, Tech Team ■ Desktops warranty, security, backup/restore, AV Software, Policy, Restore, locations, retention, Tech Team ■ backup &Recovery compliance, testing • Printers Peripherals Review, setup, utilization, maintenance, Tech Team • Telecom VoIP, Vmail/Unified Messaging (Cisco) Tech Team • AN Systems City and City' Council Chambers Tech Team • City Mgmt. interview Support, service, goals, strategy, vision Team Leads ■ IT Staff - interview/analysis Staff interviews, staff deployment, training, Team Leads improvements, City support Review budgets - note findings & ■ Budget Reviews improvements Team leads ■ IT Plan Review Review Plan - match with Depart. Goals etc. Team Leads • IT Policy Review Team Leads GIS Discovery & Revlew GIS Systems and Environment Review GIS Team • Software Review Review Software and Licensing GIS Team • Database Files, File Management, Backup, Archive GIS Team ■ Software Integration GIS Integration with departmental software GIS Team (Public Works, Comm. Dev, Fin) Interviews with Dept. heads — current and GIS Team ■ Department Interviews future projects $e goals Security Review Security Team Security Scan (internal/external), Firewall • IT Systems Risk Assessment review, policy, process review, remote access, BYDD Security Team InterDev I Atlanta — Chicago Security Assessment I NTERQEV Mv.rdRj!er i4y`! InterDev will perform a full internal and external vulnerability scan of the City`s network and devices. Internal networks will include both wired and wireless network environments. These scans will be followed with an external penetration test to verify if any of the identified vulnerabilities can be exploited, The internal, external and penetration tests will be conducted in a non-destructive manner - meaning these tests will not employ disruptive denial of service attacks or active attempts to "shut down" or damage network devices or services, however testing will be done during a maintenance window to minimize any business impact. The testing will reveal if the environment is vulnerable to attack and InterDev will make recommendations for remediation. Should we discover a critical problem which requires immediate attention - testing will be paused and the City IT team will be notified. InterDev's Vulnerability Scanning Process The InterDev Security staff will be utilizing several industry standard solutions to accomplish the scanning processes for the City of Milton. We will begin with the internal and external scans utilizing multiple scanning techniques. These scans will produce a comprehensive list of known vulnerabilities for all devices in the City of Milton network and of the identified external IP addresses. The initial scans will be followed with an external security scan and penetration test. The external scan and penetration test will be performed on the organization's public/internet facing devices and systems to test systems exposed to the internet and what is referred to as perimeter security. This scan of the external network and devices will reveal vulnerabilities and security risks that are visible or accessible to potential threats from outside the organization's networks. Once the information from the vulnerability scans has been gathered and correlated, it will then be used to conduct targeted attacks on the systems to verify if any of the vulnerabilities can be exploited. If an attack is successful system access can be gained or confidential information can be accessed. InterDev j Atlanta - Chicago Risk Scare The Risk Score is a value from 1 to 100, where 100 represents significant risk and potential issues. Low Risk Hugh Risk x 77 Scanner Appliance I NTERDEV Managed IT 1 Security `e An internal appliance will be temporarily placed on the City's network by InterDev to map network assets and scan IP's behind the firewall. This device gathers security vulnerability data inside the firewall and provides secure communications with the InterDev Security team. These appliances use a hardened operating -system kernel designed to prevent any attacks. They contain no services or daemons (background software processes) that are exposed to the network. These devices are frequently and automatically updated for software updates and new vulnerability signatures and process job requests. The results of the vulnerability scans for your company will be categorized as follows: • Urgent: Intruders can easily gain control of the host, which can lead to the compromise of your entire network security. • Critical: Intruders can possibly gain control of the host, or there may be potential leakage of highly sensitive information. • Serious: Intruders may be able to gain access to specific information stored on the host, including security settings. • Medium: Intruders may be able to coIIect sensitive information from the host, such as the precise version of software installed. With this information, intruders can easily exploit known vulnerabilities specific to software versions. • Minimal: Intruders can collect information about the host (open ports, services, etc.,] and then may be able to use this information to find other vulnerabilities. Toolset to be used in Assessment ■ Kali Linux (NMAP, RAT, Nipper, Metasploit Framework, Ettercap, hydra...} + Rapid7 Metasploit Pro + Network Detective • CIS -CAT Pro Assessor ■ Ekahau InterDev I Atlanta -- Chicago 11 -01* -11 INTERDEV MMaaed U I Se .Pity % e Internal Network and Vulnerability Scanning InterDev will utilize a Internal Vulnorabiillitles Network Detective scanning F�knm�w ,u,. appliance to perform the p,wg�ow WPM internal network 5"'a' Ara vulnerability scan. This Saha v+Mie im+ w.dK 0%appliance will be installed on the City's network and it will to to 30 40 W ca 70 ea M 100 scan the City s networks and �'esbad S'" OMMAV fW devices over a multiple day period. InterDev will request temporary network administrator access for both local and hosted network locations for this process. This scan will return a full device inventory with an extensive amount of information on each device including: D5 version, install history, user profiles, storage, installed applications, antivirus versions and status and other information. A listing of all discovered vulnerabilities will be fisted by machine and degree of risk. External Vulnerability Scanning An external vulnerability assessment is the process of identifying, quantifying and prioritizing [or ranking] the vulnerabilities in a system that would be accessible outside the internal network infrastructure. Vulnerabilities assessments are conducted using tools that scan a specific range [block] of public IP addresses that correspond to the organizations services. The output of this External VulnerahilMes assessment is a detailed report of not only what was M discovered, but also steps to remediate the i - .M vulnerabilities. The external scan will be performed on the City's block of IP addresses designated for external access. Vulnerabilities for all found devices and open ports will be listed by degree of risk. Remediation for all found vulnerabilities will be provided as part of InterDev's vyy us�y..r�y .rti....•� � r o � ua •YW •w 9f ! I ]r � 16f standard reporting. A full device listing for this block of IP addresses will be provided. Should unexpected or additional devices be discovered during this scan, device profiles and potential risks will be immediately provided to the City sponsor for investigation. InterDev I Atlanta - Chicago Firewall Rules and Configuration Review I NTERDEV Firewall rules and updates will be examined to determine if patching and firmware is current and if best practices are followed for open ports and external access. Recommendations for changes will be provided with SOW for services if required, but no changes will be made without prior approval by the City. Network Access Review Access to the City's network and its resources will be investigated and identified. This will be compared with planned access for users with both internal and external access to City systems. A listing of access privileges will be provided to the City as part of the standard reporting. Server and File Storage Access Review User and Admin access to the City's servers and storage resources will be investigated and identified. This will be compared with planned access for users with both internal and external access to City systems. A listing of access privileges will he provided to the City as part of the standard reporting. Sensitive Data Vulnerability InterDev will perform a "sensitive data" scan during the audit process. This investigation will identify specific and detailed instances of personal identifiable information [PIl] throughout your computer network that could be the target of hackers or malicious insiders, Identifying this risk is the first step in the process of mitigating the risk of civil litigation and other penalties should a data loss or theft occur. The security of the computer is also examined to quantify the probability of a breach. InterDev I Atlanta - Chicago Unprotected Data Count by Type c:benor�in�.uuvonrs�.nvKwA..MK�n .��x.,.���,��n�m..v vie..�robeoowal«"vsvi.v9r�cenmirs..inn�ooia.M+ � a SSN 16XXAX06 M 180XXXx7a 2961 X33 ssH Policy Review InterDev will review both written and computer based policies governing the City's data security, end-user system use and access, network and internet usage and compliance, Recommendations for policy changes based on best practices and CIS Critical Security Controls (CSC) will be provided to the City following this review. System Baselines and Benchmarks Piagward Policy Security OPnan. ►scuuni Luchunt Po ucr Au>k Pe lic, User Rip Assign-nI INTERDEV mmard rr I &�.,ity Io Policy C❑nsistenCy Configurations from City workstations and servers will be evaluated to assess their conformance to known benchmarks from the Center for Internet Security [CIS] using the CIS -CAT Pro Assessor Too]. The results of these assessments will be scored on a scale of 1-100, and each item tested will be mapped to the CIS Critical Security Controls, Additionally, the City's router and switch configurations will be evaluated to assess their conformance to CIS Benchmarks for routers and the SAILS Instituters Cold Standard for switches using tools within Kali Linux. Summary I &cpunt Paljg4tj 7 2 a 0 7.0 9.0 784b 1.1 Password Polito 4 2 ❑ 0 4.0 6.0 67P1. 1.2 Account Lockout PcWlcy 3 0 0 0 3.0 3.0 100% 2 local Pdiors 103 1 0 0 103.0 104.0 99910b 2.1 Audit Policy 0 0 0 0 0.0 0.0 0% 2.2 User Rights Assignment 39 0 0 0 39.0 39.0 100% 2.3 rjewrity Options 64 1 0 0 64.0 65.0 98% 2.3.1 Accounts 6 0 0 0 6.0 6.0 100% 2.3.2 Audit 2 0 0 0 2.0 2.0 100% 2.3.3 DCDM 0 0 0 0 9.0 0.0 0% 2.3.4 Devices 2 0 0 0 2.0 2.0 100% 2.3.5 IIoma co ntr Rqr a c o 0 0.0 0.0 0% 2.3.6 Domain member 6 0 0 ❑ 6.0 6.0 100% 2.3.7Intwoctiw logon 7 1 0 0 7.0 8.0 BS% 2.3.8 Microsoft nehvcrk client 3 0 0 0 3.0 3.0 104% Sample Audit of workstation InterDev ] Atlanta - Chicago Active Directory, Group Policy and Password Review r1*" I NTERDEV MenaW [r J s.r„rity `Oe The City's Active Directory structure, Group Policy setup and Password utilization will be reviewed based on the information provided by the internal scan and our direct access to the City's environment. The scanning process will reveal admin and end user access and security privileges, Group Policy activity and configurations, and user password history and updates. This user profile will reveal inherited access to systems or applications if users are put into new roles or groups. Most user access is initially closely controlled during new user setup or a new software/application deployment. Over time as staff changes roles, systems are upgraded or certain projects require additional "higher access" the control over end user access is not maintained. Inherited access or just forgetting to reset privileges after they are no longer needed are major contributors to this security concern, Reporting an evaluation of acceptable access will require input from City sources to determine if the users have the correct access levels for their current roles. Password history is available by user and system to determine changes and complexity for the passwords in use. InterDev will incorporate an audit of user access to systems and data across the Cites network. The InterDev team will report the access privileges by user and system for review with Milton Staff. Physical Security Physical Security is an important component in an overall IT Security review. InterDev will perform a Physical Security Review for all City facilities including Public Safety. Controlled access to critical server and networking infrastructure will be reviewed. Secured and monitored access to designated systems within Public Safety is a mandatory component of the Police Department's CJIS Compliance requirements. Camera coverage and facility access will be reviewed for both security and basic employee safety. Camera network integration, monitoring and video retention policies and practices will be reviewed and reported, External Penetration Testing Unlike previous scans/tests designed to show potential risks, all the attacks in this penetration test are directed to exploit the targeted vulnerability. The resulting exposures are system configuration risks that allow access to information that can be used as a steppingstone towards gaining access to the systems themselves. Identities/logins that were guessable, or those systems or applications using default passwords may also have been identified. These represent an additional avenue by which data can be lost or a foothold gained in the target network. Each of the reported vulnerabilities in this section will be actively exploited to 1) obtain control, 2) elevate privileges or 3) obtain information about the vulnerable assets, InterDev I Atlanta - Chicago 5 5H e1 ,fte1' .�too oce a.wi..e em..M... rcP xlm..wn� Cloak for 65L W-1, C ROWIV. IP leenea 5314 W..k Enarypnee TCP S.eueo "u hw SSH weak MAC Alan& POODLE SSLva PrM cm O PenssH S—kty Gyp opensati nam lel e} ae OpanSSH e. i, ip $ - r OpenssH Privlleye Ee Open SSH M�Inple Vul OponSSN Le.tlfl(+w openssH.aRa :n .m op-SSH eennerr-a Re OpenssH C11-1 lwai Repan defenll cemmu # Issues by NVT INTERDEV y M—tod U I See..iky `- InterDev will perform a penetration test from outside the City's secure network environment. The external penetration test will begin with the results and findings from the City's external vulnerability scan. This data will be used as a baseline to discover if the vulnerabilities discovered in our previous scan can be exploited. During the initial vulnerability scan, the designated IP ranges will be tested with a combination of tools including Metasploit Pro to perform additional port scanning against the identified hosts. These vulnerabilities will be tested to see if they are exploitable in which case they will be documented and included in InterDev's network wellness report. Social Engineering InterDev will engage in a series of activities to breech the security of the City's network and systems. These activities will include phishing emails, social engineering, attempted wireless and network connections and password/login searches in offices and desks (Clean Desk Sweeps). The results of these attempts will be documented and reported back to the City. Should the City wish to establish a long term social engineering program, InterDev can setup an extended testing and training program for the City. This program will randomly send test emails and attachments to the City's users to test their response and awareness of the security risk. Should the user "fail" by opening a phishing email, the user and IT staff will be notified and an automated and mandatory training session will be scheduled. Multiple solutions are available to provide this internal "testing" and education as an ongoing process. InterDev will provide pricing options and a SOW for this service at the request of the City. Project Management InterDev will assign a PMI certified Project Management Professional (PMP) to manage this engagement and report to the City on the progress of all phases of the assessment and audit. Should issues arise with scheduling of City or InterDev resources or activities the assigned Project Manager will communicate with all stakeholders and work out alternatives. If security issues are uncovered which present an immediate to the City, work will be stopped until the issues can be addressed and the risk mitigated to a level where the project can safely proceed. InterDev will provide the City with an IT Security Audit Responsibilities Outline and Release form. This document details the responsibilities of both InterDev and the City during the scan and audit process. A draft of this document is attached for the City's review. A complete project plan including timelines and progressive deliverables will be generated for this project. Access to the active project milestone progression and hourly billing can be made available to designated City staff if requested. Weekly Status reports will be provided to the City Stakeholders to provide current updates on progress and provide a vehicle for reporting issues and concerns if warranted prior to the final report delivery and presentations. InterDev J Atlarita - Chicago City of Miitor�, GA IT and G15 Assessment Proposal INTE• DEV Project Reporting and Deliverables InterDev will perform the scans and reviews listed in the previous section. These scans will provide the basis for the analysis, evaluations and reporting. The scans will provide additional information regarding the City's IT environment including Network Map Data, bandwidth availability and usage, IP addressing schema, virus and malware vulnerabilities, operating system versions and upgrade statuses. All this information will be provided to the City sponsor with the standard discovery report, but no additional analysis will be performed unless approved by the City. Recommendations and Remediation InterDev will provide full detailed reporting of all findings requested by the City in this proposal. Security issues and recommendations for remediation will be provided to the City at the conclusion of this project. Remediation may take the form of services, applications, policy deployment or some combination of all three. A full proposal covering software recommendations and an indexed SOW for services or policy generation will be provided. These recommendations will be based on Interpev's findings and best practices for municipal technology management. InterDev will indicate areas that can be addressed internally by City staff resources should the skillsets and resource availability match the City's timeline for resolution. Reports and Deliverables InterDev will provide a comprehensive analysis of our findings from our onsite investigations and interviews combined with the automated network discovery and security scanning. The assessment team will deliver an Executive Summary document with high level findings and recommendations in conjunction with the fallowing specialized reporting shown below. These results will be reviewed with the designated project sponsor prior to publication or presentations to the full management team or more widespread audience. After the review InterDev can work with the City's IT Staff and Management Team to develop multi- year IT Strategic Plans (1, 3 and 5 year pians) to help align IT and security projects and spending the City's goals and budgets. The materials and recommendations resulting from this assessment will serve as a foundation for the development of a Strategic Technology Plan for the City. The strategic planning and development process is outside the scope of this IT Assessment, but a proposal for these services will be provided separately. InterDev I Atlanta - Chicago roll,*" I NTERDEV manated rr I Swwity 1% - Reports InterDev I Atlanta - Chicago Network Asset Reports • Client Risk Report ■ Full Network Assessment Report • Network Site Diagram ■ Asset Detail Report • Excel Analysis Export/Report • IT SWOT Analysis • XP Migration Readiness Report Security Assessment Reports • Security Risk Report • Security Policy Assessment Report • Shared Permission Report ■ User Permissions Report • Outbound Security Report ■ External Vulnerabilities GIS Assessment Report and Recommendations (if performed) • GIS Software, Licensing, Database Report • GIS Integration and Planning Review & Recommendations InterDev I Atlanta - Chicago 1 NTERDEV AAa aged i7I Security `we Pricing Table The following is the cost break down for an Information Technology and GIS Assessment for the City of Milton. Taxes It is understood, that any Federal, State or Local taxes applicable shall be added to each invoice for services or materials rendered under this Agreement. The Client shall pay any such taxes unless a valid exemption certificate is furnished to Service Provider for the State of use. Disclaimer IN WITNESS WHEREOF, the parties hereto have caused this Proposal to be signed by their duly authorized representatives as of the date set forth below. Accepted by: Authorized Signature/Title Authorized Signature/Title InterDev I Atlanta - Chicago InterDev, LLC City of Milton, GA Date Date ITEM On-site Assessment and Strategic Planning COST $6,000 Network Discovery and Inventory 3,500 Security Assessment 3,500 Project Management 1,500 subtotal $14,500 GIS Discovery and Review (optional) $3,500 MMF TOTAL -Nat to Exceed $181000 Taxes It is understood, that any Federal, State or Local taxes applicable shall be added to each invoice for services or materials rendered under this Agreement. The Client shall pay any such taxes unless a valid exemption certificate is furnished to Service Provider for the State of use. Disclaimer IN WITNESS WHEREOF, the parties hereto have caused this Proposal to be signed by their duly authorized representatives as of the date set forth below. Accepted by: Authorized Signature/Title Authorized Signature/Title InterDev I Atlanta - Chicago InterDev, LLC City of Milton, GA Date Date City of Milton, GA INTER 1 EV 1T and GIS Assessment Proposal IT Security Assessment - Outline and Requirements Project Abstract— Internal and External Security Scans Project Summary: The scope of this service engagement is to provide Internal and External Security Scans, Penetration Testing, Social Engineering and PCI Compliance testing for the City of Milton, GA. The full remediation of issues may or may not be part of a larger Security project engagement for the City in the future. The scope of the report(s) engagement is limited to those items covered and discussed in this document. The report(s) engagements involve multiple stages to maximize the benefit to Florence. The City will let InterDev deploy a physical network scanning appliance at a single location within its local area network. After the completion of the engagement, InterDev will deliver the final reports to the City of Milton. InterDev will review the final reports with the City in a structured report and in-person meeting, Details of the engagement are outlined below: Engagement Overview Internal Security Scanning engagements are delivered via a physical scanning appliance. The data collection phase of the engagement is licensed to run for a maximum of two (2) weeks. The onsite assessment will take approximately 3-4 days, during that time InterDev will conduct a physical inspection of all facilities that house the City's IT infrastructure, perform brief interviews with selected staff, and conduct a brief physical security assessment. Step 1: Appliance Set -yap InterDev will deploy the appliance in the customer's environment. Our physical appliance will need to be plugged into a port on a network switch that has access to all subnets in the customer environment. 5NMP scanning and 1CMP (ping) will need to be allowed on the City's network from the physical appliance. Step 2: Network Discovery The physical appliance performs an initial discovery and inventory of all subnets with the credentials provided and posts asset reports to a secure application that only InterDev staff has access to, The Network Discovery phase of the assessment typically takes only a couple of hours but can vary based on the size of the network. The appliance will use standard protocols to detect IP addresses that are active and responding. Step 3: Network Inventory Network Inventory occurs immediately after the Network Discovery phase is complete, During this phase, the appliance will inventory all the devices that it has found and has credentials to access. This phase also determines which Network and Windows devices are eligible for performance InterDev I Atlanta — Chicago City of Milton, GA IT and GIS Assessment Proposal I NTERDEV Managed IT[ Security `s monitoring. Both the discovery and inventory phases are completed within the first 24-48 hours of the analytics engagement process. Step 4: Asset Review InterDev will then produce an Asset Report that outlines all the devices that were discovered and any details that were collected about them. This report along with a Microsoft Visio drawing gives the City of Milton, GA an opportunity to review what was discovered and confirm that no critical devices or links are missing from the report due to invalid credentials or un -scanned subnets. If devices are missing from the asset report, the customer can easily request a re-scan from InterDev. Step 5: Performance Monitoring and Service Module Deployment The network scanning appliance then begins performance collection on these assets and provides additional re -scans with new credentials or expanded subnets, if needed, to find additional assets. Devices discovered after performance has started will automatically be added to the performance collection. The appliance will continue to actively monitor devices until the end of the engagement. Once the information collection is complete, our network engineers will compile, aggregate and correlate the data that was collected to provide extensive insight into the network and its performance. Final reports will be generated and delivered to the customer for review upon completion of the assessment. Step 6: Results Review Meeting Once final reports have been compiled, you have the option to review the results with our expert analysts. This review allows your team to discuss issues that were uncovered, best practices, and potential remediation steps. This review also allows the InterDev team to bring the experience of previous InterDev report(s) engagements to your organization and helps provide answers to common questions so that you can focus on the most important issues. InterDev I Atlanta - Chicago INTERDEV Managed IT I SmOty `i Assessment Responsibilities We are committed to providing the City of Milton with the most valuable and efficient engagement possible. To ensure that engagements are successful, each participating party will have responsibilities as outlined below: City of Milton Responsibilities To facilitate the timely and successful delivery of the Security Scan and Penetration Test, the City's responsibilities include: ■ Provide a primary contact that will be responsible for all formal and informal communications regarding the content and format of the proposed system. ■ Provide effective access to the systems support staff and process/system subject matter experts to ensure that data required to complete the project is readily available. ■ Provide timely response to information requests to ensure all projects maintain an acceptable completion timetable. ■ Make the required personnel available for the meetings and reviews required to maintain an acceptable completion timetable. ■ Take responsibility for providing all relevant company policies prior to implementation. ■ Take responsibility for the accuracy of the information provided. ■ Provide the appropriate access to offices, systems, and information required to complete the project. ■ Provide detailed network map(s) for review and comparison of scan results. ■ Customer will provide access to systems and passwords as required. ■ Provide Internet access for the InterDev appliance that is free of Proxy Server intervention or web content filtering such as Websense. InterDev does not support proxy servers or content filters for its appliance communication. ■ Provide an on-call IT resource to be available while the external scan is being conducted. The scan is not intrusive, but best practice is for the customer to have an appointed technical resource that InterDev can call if something unexpected occurs during the external scan, or if a major security issues is found and needs to be immediately remediated. InterDev's Responsibilities ■ Provide working and updated scanning appliance for delivery of the engagement. ■ Provide technical support via phone or email between the hours of 8 a.m. and 5 p.m. ET. ■ Provide unlimited rescans of network with additional SNMP strings and/or Windows Credentials, limited only by the time scope of the engagement. ■ Monitor security of scanning appliance 24 hours a day. ■ Provide final report deliverables to customer within 48-72 hours of completing the Assessment. InterDev j Atlanta - Chicago City of Milton, GA I NTERDEV Managed rt I securrty`001 Security Encrypted Credentials Customer security and the proper handling of network credentials are of the utmost importance to us. To guarantee this security, we have implemented the following features with regards to handling credentials: Credentials are encrypted immediately upon being entered through the appliance management application. Credentials remain encrypted on the appliance for the duration of the assessment and will be deleted at the time the appliance image is delete from memory. Credentials are NEVER uploaded to the network scanner. Data Handling All device performance and inventory data on the appliance is encrypted using 256 -bit encryption prior to being sent via SSL to the InterDev secure data portal. Raw data for analysis is maintained with the InterDev network scanning tool for a period of 6 months at which point it is permanently deleted from memory, unless a follow-up engagement has been scheduled. The retention period is strictly for allowing additional analysis of the data as well as additional reporting that may be purchased for the engagement, Upon written request on a per assessment basis InterDev will delete data prior to this date if desired. InterDev j Atlanta - Chicago INTERDEV bA-.a-d rr I s- rity `odr InterDev -- Security Vulnerability Scan Release InterDev will provide systems scans to denote vulnerability to outside attack. We are providing this service with the permission of the City of Milton. Restrictions. End -User's use of the Service is subiect to the following restrictions and End -User hereby covenants as follows: (a) End -User may use the Service only to scan IP addresses and/or map domain names for which End -User otherwise has the full right, power, and authority to consent to scan. IP Addresses; lndeynn-i-ty. (a) End -User represents and warrants that End -User has full right, power, and authority to consent to have the Service scan for vulnerabilities the IP addresses or domain names identified to InterDev for scanning, whether electronically or by any other means. End User will indemnify and hold harmless lnterBev, its Authorized Rese4lers, partners and sponsors, and their offiee ps, difteters, effiPI 6yee s and agents frorn and agaittst any third party elaims, sui , liabilities, losses, damages, judgmettes, awards, fines, penaldes, easts and expenses (including reasenable atterneys, fe es) ineurred by or levie d aga" ttst " e sante resulting from or based on End H�er's use of or inability to use the Servi ee, ineluding any claim re sulting f�oni End User's bre&eh of this Seed on S(b) End -User also acknowledges and agrees that the scanning of such IP addresses and/or domain names may expose vulnerabilities and in some circumstances, could result in the disruption of services at such site(s). Certain optional features of the Service, including exploitive scans, involve substantial risk of Denial of Service (DOS) attacks, loss afservice, hardware failure and loss or corruption of data. Consequently, End -User assumes the risk for all damages, losses and expenses resulting from use of the Service. I understand the risks involved and provide my approval to proceed with the security scan for the following IP address ranges: Name: Signature: InterDev I Atlanta - Chicago Date: r ��:1. is :a��l� CERTIFICATE OF LIABIMRN LITY INSURANCE R054 =(MWMNyyy) THIS CERTIFICATEIS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THiS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSI1RERISj, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMAORTANT: ff the cert€iicate holder is an ADDITIONAL INSURED, the palicy[IesJ must have ADOIT€ONAL IN8 DRE6 provisions p► he endorsed, If SUBROGATION IS WAIVED, suhject to the terms and conditions o[ tfie ofi certificate does not confer rI fits to the certificate holder in lieu of such andvrsementisl. P cy, ctrtain Ilolic€es may require an randorsement A statement an this CRADDOCK LLC/PHS 266878 F:(866) 467-8730 F. (888) 443-511 PO Box 29511 CHARLOTTE NC 28229 +NaLea�o INTERDEV LLC 2650 HOLCOMB BRIDGE RD STE 37.0 ALPHARETTA GA 30022 Eeo (866) 467-8730 INSURER{SI AFFIL COVERAGE IN81111Fl Ser;tin zn$ Z'❑ LTn INBURERII: Multiple Companies 1MEURER C: iN&1RER o• INsuA� E INSUR ER F No, (888) 443-61.22 NAIL 91 -- � •• � num6C REVISION NUMBER: THIS IS TO CERTIFY THAT THE pOtICIEB OF iN5URAII E LISTED BELOW }IgVE BEEN ISSUED TO THE INSURED NAME❑ ABOVE FOR THE POLICY PERIOD INDICATED, NOTNATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUER OR MAY PERTAIN, THE €NSURANCE AFFORDED BY THE POLICIES QI SCRIBE❑ HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POL€CIEB. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1Y 1Y%OFIKS1gLlN['E .L11.Dr. SVHR 11`l1_ICY NLIFIRFJf WILLry gpp �,, me r..,. pGeneralL, iAERgALGENERAL LIABILITYCLAIM84AADE�DCCURAab X x 20 s9A ZT2412 fAUTOMOBILE E0ATr L !MIT AppL IE$ PE R: 7C ! PR0. JECT❑ LOC L�JPRO- E LIABILITYOvill AU48ULEDx xNLY 2p SBA ZT2412 xNLY AUTO ONED X UM6RELLA UAB K OCCUR 'A E)GCESS LIA6 CLAIMSATAOE j( j{ 20 SSA ZT2412 CEO x AETENTgfJ e � � . IT `� EACH OCCURRENCE Q, 000, 000 rETOREN7 P"E"I . 5110001 000 PREM{SEG Ea 04/13/2017 04/13/2018 MEO EXP!Any one pan;an} 910, aoo nn PERSONAL a ADV INJURY - � , V --- 0 , 0 V o GENERAL AGGREGATE 5A 0 0 0/ 0 0 0 P zDoucrs - easl�ror AGG 4, 000, 0 0 0 2,000,000 BODILY INJURY lPer'll l Q4113/2(117 04/13/2018 BODILYINJURY!peracdda., EACH OCCURRENCE Is 2. O D -()n 0 0 04/13/2017 04/23/2016 AGGREGATE •2,0o0,00a ANY E PROPRfFTORIPARTNWExECUTIVE OT Yrnf PER B. OF'FIGERn1lEMHER E%CLUDEa7 y' STAME ER $ (1RendRfory in A'Nl ❑ JWA x E.L EACH ACCIDENT $ 1 , 0 o 0 , 0 0 0 2D wEC AF6986 06/30/2017 06/30/2016 Y.L. DISEASE. EA EMPLOYEE BSC IPTICaundo 11000,000 OESCRiPTION OF DpEFtAT1DN8 4afow E.L DISEASE - POLICY LIMIT $1 , 0 o 0 , 0 o 0 A Technology E&O 20 SBA ZT2412 09/13/2017 49/13/2019 1,000.000I1,000,Ooa OESCHIPrION OF 1 11 TRMr51IpCgTlCAfS IyEWIAs (ACORD 1n7, pddilloner R.marke Sehedul� may he ■dashed if more apse k raqulreey Those usual to the Insured's Operations. See attachment codes. for multiple company The City Of Milton 2005 HERITAGE WALK MTLTON, GA 30004 ACORD 25 (2016103) SHll ANY OF THE A$pVi= DESCRIBED POLICIES SE CAN BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL SE ISFLIVFQGn llu The ACORD name and logo are registered marks of ACORD V AGENCY CUSTOMER ID; LOC9: ADDITIONAL REMARKS SCHEDULE AGENCY CRAI)D()CK LLC/PETS NAMEDrNSURED POLICY N UM BER SEE ACORD 25 CAKKIER NRlC CORE SEE ACORD 25 ADDITIONAL REMARKS THIS. ADDITIONAL RENIARKS FORM IS A SCHEDULE TO ACORD FORM FOR€IaI NUMBER. ACOR.D 25 FORM TITLE: CER"FICATl !N TTE' RDEV LLC 2650 HO.LC0.M.13. BRIDGE RD .STE; 310 ALPHARE.TTA GA 3flQ22 EFFECTIVEa0.TE: SEE ACORD 2� OF LIABILITY INSURANCE Page 0f Certificate holder at --ached: .to this an additional insured per the .Business Liability Coverage Forrc� S.SaOt]8 is pol.cy, Gvaiverf S, Certificate Holder abrogation. applies in favor of the per the Business Liability Coverage yorm 5500.08, attached to` this pvlicy.Certif:icate holder is: ars additional insured to Coverage Form 5.50008 and, the Hired Auto ,azd N:on Qwtedr Auto Endorsement ssLiability attached to this policy. Waa v.er. of subrogat:i.on applies in farrr�z of Holder per the ..Broad Form Endorsemei,t-.Extea�de� (7 i the Certificate Policy. The writing -c are as ..fo.11ows: Ha tford��Casualtyl.insattached Co. Naict2:9424, Hartford Accident. and Indemnity Cc Na.ic Underwritexs.Ins Co:.Naic 301 04. 2357, Trumbull Ins CoNair 27120 and Harford �a4 {2ot��of The ACORD name and 1090 are registered marks of ACORD EXHIBIT "C" STATE OF � COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § I3-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the: physical perfonnanec 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 prograin throughout the contract period and the undersigned contractor w i I I 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: 7 , nt Fe eral Work Authorization User Identification Number Date of Autlic.Azation InterDev, LLC Name of Contractor IT Assessment Naive of Project City of Milton Georgia Name of Public Employer 1%111tau►►►► %'SER BRq�T ••,• .'��'�F ssrgy 2 � #0 T, I hereby declare under penalty of pei jury that the foregoing is true a d correct. Executed on Imo, 20 tY in 4Signat, (city),_LA (state)f Authorizedd'�Offii/cerJJor Agent axrr � /V,hnA- Printed Naffie and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE yZ_ DAY OF 2A P I,I [NOTARY SEAL.? My omrnission Expires: D2 MILTON". ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 9, 2018 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Milton Tennis Center. MEETING DATE: Wednesday, February 21, 2018 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: OYES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY: (..jIAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 00P) 2CI6 2006 Heritage Walk Milton, GA P: 678.242.2500 l 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 5, 2018 for the February 21, 2018 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Milton Tennis Center. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement 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 Milton Country Club, as well as Fulton County School facilities. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City + 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, November 27, 2017 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Parks and Recreation Department Facility Use Agreement between The City of Milton and Milton Tennis Center. CITY OF PARKS & RECREATION DEPARTMENT AGREEMENT • • OUTSIDE THIS IS AN AGREEMENT, made this day of 2018, 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'sServices - - 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 ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or ALPHARETTA. 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. 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. sexually71 •licit materials,• • • pornography,alcoholic beverages, •b• • od: 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. E 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 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. 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. 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: 46 TOTAL TENNIS TEAMS Previous Season Participation: 44 TOTAL TENNIS TEAMS Growth Goal for This Season: 2 ADDITIONAL TEAMS 3 1.24 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 Alpharetta residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved and must be verified by the City GIS database prior to formation. ARTICLE 2.0 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 3.0 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "." ARTICLE 4.0 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 4 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 "" 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 Independent .O 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 5 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 subcontractors) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured.. 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. 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, 2018, 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 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 .:d 1 . - , 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and 11 of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 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 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. 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 CITY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: TERRE O'BRIEN 2535 BETHANY CHURCH ROAD MILTON, 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 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. 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 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 fhe 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: M. JOE LOCKWOOD, MAYOR PROVIDER: Print: Its: circle one) Preside /Vice President (Corporation) - General Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation 12 ONSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER PARTICIPANTS)] ffQ Team fees-, (per player) USTA / ALTA Adult: ea s{ Resident 3 £s i 00 67.5 Potential 2018 Tennis Schedule ALTA / U'ti _ L ;tib . Spring / Summer ALTA / USTA Schedule MUNI FBI! I P � FORM Boys 12,14,18, 1/22 Saturday 3:30 3/17-4/26 4/20 Girls 14,18, 1/22 Saturday 1:00 3/17-4/26 4/20 Men's B 1/22 Saturday 9:00 3/17-4/26 4/20 Ladies A9BI 1/22 Thursday 9:00 3/15-4/24 4/20 Ladies A9B9 1/22 Sunday 12-00 3/18-4/25 Senior Men B 4/9 Friday 7:00 6/1-7/20 Senior Ladies A,B 4/9 Thursday 7:00 5/31 -7/19 Senior Mixed B 4/9 Saturday 12:00 6/2 -7/21 Adult Mixed XB 4/9 Saturday 9:00 6/2 -7/21 USTAtearnAges / Reg.deadline / Match day / Season Juniors 12,14,1 8, 4/20 Saturday 1:00 6/3 :) — 7/21 Ladies 3.5 4.0 4/20 Sunday 1:00 6/4 — 7/22 Ladies 3.5 4.0 4/20 Thursday 9:00 6/1 — 7/19 Ladies league 3.0 4/20 Tuesday 7:00 6/6 — 7/17 ALTAteamAges / Reg.deadline / Match day / Season Boys 12,14,1 8, 7/21 Saturday 3:30 9/17-10/26 Sunday Girls 129141M 7/21 Saturday 1:00 9/17- 10/26 Men's B 7/21 Saturday 9:00 9/17-10/26 Ladies AA 7/21 Thursday 9:00 9/15-10/24 Ladies AA 7/21 Sunday 12:00 9/19-10/28 Senior Mixed B 11/9 Saturday 12:00 1/8 ® 2/27 Adult Mixed A,B 11/9 Sunday 10:00 1/9 ® 2/28 Juniors 12,14,1 8, 11/10 Saturday Ladies 3.5 4.0 11/10 Sunday Ladies 3.5 4.0 10/15 Thursday Ladies league 3.0 10/15 Tuesday 1:00 1/6 1:00 1/7 — 2/22 9:00 11/1 - 12/19 7:00 11/6 -12/17 ALTA / USTA and Group lesson info: League - team / Season / Day Time ALTA Ladies Al Spring Tuesday 9-12 ALTA Ladies B5 Spring Monday 9 — 10:30 ALTA Bus/Lad.A8 Spring Thursday 7-8 ALTA Men's B5 Spring Tuesday 6:30 — 7:30 ALTA Boys 12 Spring Mon. / Fri. 5-6-6-7 ALTA B/G 14-18 Spring Mon. / Thu 5:30 — 7 USTA Ladies 3.5 Summer Monday 9-10:30 USTA Ladies 4.0 Summer Thursday 7-8 USTA 12-14u Summer Mon. / Fri. 5-6-6-7 USTA 14-18u Summer Mon. / Thu 5:30-7 ALTA Ladies Al Fall Tuesday 9-12 ALTA Ladies B5 Fall Monday 9 — 10:30 ALTA Bus/Lad.A8 Fall Thursday 7-8 ALTA Men's B5 Fall Tuesday 6:30 — 7:30 ALTA Boys 12 Fall Mon. / Fri. 5-6-6-7 ALTA B/G 14-18 Fall Mon. / Thu. 5:30 — 7 USTA Ladies 3.5 Winter Monday 9-10:30 USTA Ladies 4.0 Winter Thursday 7-8 USTA 12-14u Winter Mon. / Fri. 5-6-6-7 USTA 14-18u Winter Mon. / Thu. 5:30-7 Tiny Tot Stars Spring -Fall Friday 5-6 Ladies Bus. Group Ongoing Wednesday 10-11 Men's open Between seasons Tuesday 6:30-7:30 Ladies open Between seasons Monday 9:30-10:30 Juniors open 12u Between seasons Monday 5-6 Juniors open 18u Between seasons Mon./ Thu. 6-7 Tennis Camp 9-16 June (one weelc) Mon. -Fri. 9:30-1 Tennis Camp 6-14 July (one week) Mon. -Fri. 9:30 -2 EXHIBIT "B" HOME OF' MILTON ESTABLISHED 2006 CRIMINAL HISTORY REQUEST FORM 1) This Request Is For: (Check Only One) 2) A History Is Requested On The Following Person: Full Name (Print): Code (E) — Provides Georgia Criminal History Information for Employment; Military; Licensing; Personal Use; International Travel; Permits of any kind; Adoptive Parents; City of Milton Employment; Other not listed Address: Code (N) — Employment/Volunteer Working with the Elderly X Code (W) — Employment/Volunteer with Children Code (M) — Employment/Volunteer with the Mentally III Code (C) — Police Ride Along Request; Police Department Employment; Police Vendor/Contractor 2) A History Is Requested On The Following Person: Full Name (Print): Address: Sex: Race: DOB: SSN: I give consent to in order to perform periodic criminal history background checks for the duration of my employment with this company (name of company: ). I hereby give consent for the Milton Police Department to conduct an inquiry and receive any Georgia criminal history record information pertaining to me which may be contained in the files of any state or local criminal justice agency in Georgia. This report is considered accurate at time of inquiry and may change at any time. I also understand this record check is $20.00 payable upon request.. Photocopy of a legal government ID must accompany this request. Signature of person whom criminal history is being inquired. Date No Georgia Criminal History Record Information results available. Georgia Criminal History Record Information attached/released No NCIC/GCIC Warrant results available Possible NCIC/GCIC Warrant. Contact Agency: Agency Operator Signature & Title 14 Date of Inquiry/Time of Inquiry 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: ry A I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. 7- . 1� Executed on 201? in 1i'(city), Date of Authorization (state). me of Contractor Sig ure of Authorized 461ficer or Agent Name of Project Name of Public Employer 15 TE9?2! A%C.t &B ?-I CA) Printed Name and Title of Authorized Officer or Agent SUBS R]BED AND SWORN BEFORE ME ON THIS THE DAY OF .;R4 . 201 . NOTARY PUBL �. ..STAR,• LXPIRES GEORGIA s Jury 31, 2020 ...... 111001 My Commission Expires: /- ? /- 2 -LD 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: &/A eVe rfy Number �151ZO11 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 �, -, 201jr in N i LTM (city), GiA . (state). Si ature of Authoriz Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _ DAY OF 201 / V 12 - NOTARY PK cjO'4 �-'- T 4! IBES - GEORGIA JU631,2020 i My Comr£gra Litels.�,.•• /-� 1J� CERTIFICATELIABILITY INSURANCE DATE(MMIDD,YYYY, 02/03/2018 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF WSURAHCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMP RTADTe If the certi'Icate holder is ars A DITIq-IAL INSURE , the policy(ies) must have ADMTI IAL INURED provisions or be endomed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require ars endorsement. A statement an this certificate does not confer riohts to the certificate holder in Ilau of such endorsement(s). PRODUCER K&K Insurance Group, Inc. 1712 Magnavox Way Fort Wayne IN 46804 INSURED Terrence B. O'Brien DBA: Tennis Instructor 2535 Bethany Church Rd. Milton, GA 30004 A Member of the Sports, Leisure & Entertainment RPG 91111a TftTVW GUNTACT NAML: Mass Merchandising Underwriting r®fr_ M. 9 0. 1-800-506-4856 Mir._ wane- 1-260-459-5590 com INSURER(s) AFFORDING COVERAGE INSURER A: Nationwide Mutual Insurance C( INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: CERTIFICATE NUMBER: W01172856 NAIC # 23787 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, TERRA 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 L TYPE OF INSURANCE Im 1N 4® POLICY NUMBER ram rlimlDDrcYv t LIMITS A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000006255200 02/03/2018 02103/2019 EACH OCCURRENCE _ $1,000,000 CLAIMS -12:18 MADE PM EDT 12:01 AM DAMAGET REN D PREMISES En Occurrence 81,000,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS — COMP/OP AGG $1,000,000 POLICY F—] PRO- LOC JECT PROFESSIONAL LIABILITY $1,000,000 OTHER: LEGAL LIAB TO PARTICIPANTS $1,000,000 AUTOMOBILE LIABILITY M I N E L T Ea accident) BODILY INJURY (Per person) ANY AUTO OWNED AUTOS SCHEDULED ONLY AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE HIRED NON -OWNED 8 AUTOS ONLY AUTOS ONLY Per accident NOT PROVIDED WHILE IN HAWAII UMBRELLA LIAR OCCUR EACH OCCURRENCE AGGREGATE EXCESS UAB CLAIMS -MADE DED RETENTION WORKERS COMPENSA710M AND EMPL®VERS' LIABILITY NIA E OTHER STATUTE ANY PROPRIETOR/PARTNER/ YIN EL EACH ACCIDENT EXECUTIVE OFFICERIMEMBER ❑ EXCLUDED? (Mandatory in NH) EL DISEASE—EA EMPLOYEE E.L, DISEASE—POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below MEDICAL PAYMENTS FOR PARTICIPANTS PRIMARY MEDICAL EXCESS MEDICAL DESCRIPTION OF OPERA71ONS I LOCATIONS I VEHICLES (ACORD 101, AddMonal Remarks Schedule, may be stWhed if Irate 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. CERTIFICATE HOLDER CANCELLATION City of Milton 2006 Heritage Walk Milton, GA 30004 SHOULD ANY OF THIS ANOVE CES RISE® POLICIES BE CANCELLEIO BE 13R THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELWERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Owner/Lessor of Premises) Coverage is only extended to U.S. events and activities. * NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25 (2016103) marks of ACORD The ©1989-2015 ACORD CORPORATION. Alf rights resented. lls AC®RD name and log® are registered MILTO� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 9, 2018 FROM: Steven Krokoff, City Manager Z., AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Music Therapy Services of Greater Atlanta. MEETING DATE: Wednesday, February 21, 2018 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: (, IYES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY. (,APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0212') 20116 2006 Heritage Walk Milton, GA P: 678.242.2500 1 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 6, 2018 for the February 21, 2018 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Music Therapy Services of Greater Atlanta. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Music Therapy Services of Greater Atlanta. Executive Summary: Music Therapy Services of Greater Atlanta will provide the city youth music therapy and social skills therapy for the special needs population. This program will offer regular classes at Bethwell Community Center. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another provider that can offer these specialized services. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 27, 2017 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Parks and Recreation Department Facility Use Agreement between The City of Milton and Music Therapy Services of Greater Atlanta. CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS 5T/ THIS IS AN AGREEMENT, made thiday of le - 2018, • 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 Music Therapy Services of Greater Atlanta 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 Therapy for Individuals with Special Needs at the following locations: Bethwell Community Center 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate to schedule the program schedule, which schedule will be approved by Department Director, or his designee, at its sole discretion. PROVIDER agrees to submit a Program Request Form to the City's Recreation Program Manager (hereinafter "Manager") for each program being proposed four (4) weeks prior to the beginning of each program session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON and ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or ALPHARETTA. The 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. 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. Me "I'MaWlawlar-i W 1A adult movies, adult booklvideo stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors .; 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 far use of CITY facilities, notwithstanding any other provisions of this Agreement. 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.15 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations and procedures, as well as those of the FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. K 1.16 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by 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 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. 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. 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: J Previous Season Participation: AJA- Growth Goal for This Season: S JLk��trfi� 3 1.24 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 Alpharetta residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved and must be verified by the City GIS database prior to formation. ARTICLE 2.0 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 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 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 4 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 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 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 if 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. 5 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 subcontractors) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured.. 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. ARTICLE Term . TgEMjqqggE 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, 2018, 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 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 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9 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 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 Beth Hampshire 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: MTS of GA 114 Bulloch Ave. Roswell, GA 30075 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. 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 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 of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable . 10.16 Neither the CITY nor PROVIDER shall be liable for its respective non -negligent or non - willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST SUDIE GORDON, CITY CLERK ATTEST: Nlr k Print: Its: (Assistant) Corporate Secretary (required if corporation) rITY- cle one) - President/Vice President (Corporation) - era Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation WA [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] 13 EXHIBIT "B" HOME OF' MILI,�ON, ESTABLISHED 2006 CRIMINAL HISTORY REQUEST FORM 1) This Request Is For: (Check Only One) 2) A History Is Requested On The Following Person: Full Name (Print): Code (E) — Provides Georgia Criminal History Information for Employment; Military; Licensing; Personal Use; International Travel; Permits of any kind; Adoptive Parents; City of Milton Employment; Other not listed Address: Code (N) — Employment/Volunteer Working with the Elderly X Code (W) — Employment/Volunteer with Children Code (M) — Employment/Volunteer with the Mentally III Code (C) — Police Ride Along Request; Police Department Employment; Police Vendor/Contractor 2) A History Is Requested On The Following Person: Full Name (Print): Address: Sex: Race: DOB: SSN: I give consent to in order to perform periodic criminal history background checks for the duration of my employment with this company (name of company: ). I hereby give consent for the Milton Police Department to conduct an inquiry and receive any Georgia criminal history record information pertaining to me which may be contained in the files of any state or local criminal justice agency in Georgia. This report is considered accurate at time of inquiry and may change at any time. I also understand this record check is $20.00 payable upon request. . Photocopy of a legal government ID must accompany this request. Signature of person whom criminal history is being inquired. Date No Georgia Criminal History Record Information results available. Georgia Criminal History Record Information attached/released No NCIC/GCIC Warrant results available Possible NCIC/GCIC Warrant. Contact Agency: Agency Operator Signature & Title 14 Date of Inquiry/Time of Inquiry 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 ��%�' , 20 in in II +01a (city), (state). Signature of Autho ,zed Officer or Agent Pl ' 11 V-( -fu Printed Name and Title of A thorized Officer or Agent SUBSCRKV ANDWORN BEFORE ME ON THIS THE S�_ DAY OF ` ,2019. NOTARY PUB QPs�v^C A (�l'.t)IZCiIA N�„�emh�r 11.2019. My Commission Expires:y t b J �I ) I C1 EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. Executed on , 201b in y r� (� �ON (city), Date of Authorization W (state). Name of Contractor ` Ignature of A thorized Officer or Agent Name of Project q 4wlia'h1'0 - 40U.3d (O Printed Name and Title df Authorized Officer or Agent Name of Public Employer SUBSCRIBED AP SWORN BEFORE ME ON THIS THE DAY OF e h 201-b ` OTA Fej�3Y SEAL] LYPIRES (1 VORGIA "n•,•r_nhGt 11. 2019 : a ' yjJQ`io�Expires: ► l O'� JS ('6 SOCIAL SKILLS PROGRAM from Music Therapy Services of Greater Atlanta partnering with the City of Milton PERCUSSION PALS SPRING 2018 This exciting program is geared for social skill success! Learning and practicing social skills in a music -making environment provides the right combination of fun, motivation, and challenge. Each week, group members will participate in a variety of music -making activities and ensembles. These activities are created and implemented with specific social skills in mind. During the semester, we will utilize a wide variety of instruments, plus vocal and movement activities. GROUP GOALS will include: • Improve communication with peers • Improve sustained attention Improve listening skills Session Length: 6 weeks Cost: $125 (for residents) Group Size: 6-10 children Miltr-:r Milton Wednesdays 3:30 — 4:15 Wednesdays 4:45 — 5:30 Miss Bridget Harper, MT -BC Miss Bridget Harper, MT -BC GRADES K - 3 GRADES 4-7 FREE DEMO January 17 OR February 7 Session I: Feb 28 — Apr 4 Session ll: Apr 18 — May 23 For detailed information, visit www.mtsofqa.com ICCIIF nATF• nS-FFR-7n7R Master Policy Flamed insured Professional Liability: National Professional Purchasing Group Association, Inc. THIS EVIDENCE IS ISSUED AS A MATTER OF c/o Lockton Affinity, LLC INFORMATION ONLY AND CONFERS NO RIGHTS UPON P. 0. Box 410679 THE EVIDENCE HOLDER. THIS EVIDENCE DOES NOT Kansas City, Missouri 64141-0679 AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED General Liability includes Host Liquor Liability) BY THE CERTIFICATE DESCRIBED BELOW. Named Insured Member: INSURERS AFFORDING COVERAGE: Elizabeth Hampshire /MTS of GA 114 Bulloch Ave Certain Underwriters at Lloyd's, London Roswell, GA 30075 Fire/Water Damage Legal Liability from any one fire or Water Damage includes Claims Expenses Member Certificate Number: 105-2004695-02 D. Primary Occupation: Music Therapy Assistant Secondary Occupation: i. Each Person I HE EVIDENCE OF INSURANCE LISTED BELOW HAS BEEN ISSUED 1 U I -HE MEMBER NAMED ABOVE FOR I HE POLICY PERIOD INDICA I ED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DOCUMENT MAY PERTAIN, THE INSURANCE AFFORDED BY THE CERTIFICATE ISSUED TO THE MEMBER NAMED ABOVE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF THE MASTER POLICY TO WHICH IT REFERS TO. AGGREGATE LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1. Unique Market Reference Number: 60713GLOPR1700702 2. Policy Period: The Policy Period shall commence during the Policy Period set forth below. Coverage shall commence from the date upon which the Named Insured holds a valid RPG membership during the Policy Period and shall continue up to but not exceeding 365 days in all. From: 03/06/2017 To: 03/06/2018 Both dates at 12:01 a.m Local Time at the address listed in Named Insured stated above. 3. Policy Administrator: Lockton Affinity, LLC P.O. Box 410679 Kansas City, MO 64141-0679 4. Insuring Agreements and Limits of Liability A. Professional Liability: SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE i. Each Claim includes Claims Expenses $1,000,000 City of Milton ii. Aggregate Limit of Liability includes Claims Expenses $3,000,000 B. General Liability includes Host Liquor Liability) Milton, GA 30004 e i. Each Claim includes Claims Expenses $1,000,000 ii. Aggregate Limit of Liability includes Claims Expenses $3,000,000 C. Fire/Water Damage Legal Liability from any one fire or Water Damage includes Claims Expenses $100,000 D. Medical Expense Payments i. Each Person $2,000 ii. Aggregate Limit of Liability $50,000 E. Policy Aggregate Limit of Liability includes Claims Expenses $3,000,000 Supplementary payments are in addition to these limits. ADDITIONAL INSURED CANCELLATION SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS 2006 Heritage walk AUTHORIZED REPRESENTATIVE Milton, GA 30004 e Customer #: 1811217 LII 482 Evidence ofInsurance (10-I3) ahcerthldr TO: FROM: I ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 9, 2018 Steven Krokoff, City Managero) AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and North Georgia Recreation, Inc. MEETING DATE: Wednesday, February 21, 2018 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: („v -YES () NO CITY ATTORNEY REVIEW REQUIRED: (,AYES () NO APPROVAL BY CITY ATTORNEY: (,j APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0jl Lj) telt 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us VA To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 31, 2018 for the February 21, 2018 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and North Georgia Recreation, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and North Georgia Recreation, Inc. Executive Summary: North Georgia Recreation provides the city with the youth boys lacrosse program. This program will offer lacrosse leagues & camps at Bell Memorial Park, as well as Fulton County School athletic fields. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another youth lacrosse provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 27, 2017 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Parks and Recreation Department Facility Use Agreement between The City of Milton and North Georgia Recreation, Inc. THIS IS AN AGREEMENT, made this day of 2018, 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 i; PROVIDER's Services_gpd Responsilbilij 1.1 PROVIDER shall conduct services generally described as Youth Lacrosse Leagues, Clinics and Camps at the following locations: Bell Memorial Park, Hopewell Middle School, Cogburn Woods ElementarySchool,• im Falls Elementary School and • - -rn 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 () weeks prior to the beginning of each program session. 1.4 The fees charged to each participant will be as described in Exhibit `°A" for residents of MILTON and ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or ALPHARETTA. The 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. 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. WWWW" MAIM, 1W3, . ;— 19. M-11 av- adult movies,adult ••• •-o stores,adult entertainmentestablishments,• •.- •rr • pawn shops,• • tattoo,•• i or •• 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 ""), 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 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 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. 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: ► a,0® Previous Season Participation: ��— �1 Ij Growth Goal for This Season: 1.24 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 Alpharetta residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved and must be verified by the City GIS database prior to formation. ARTICLE 2.0 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. 4 ARTICLE 0 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE r . -m .,TX -1 ke-M - . 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 85%® of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge (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 "" 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 _ .-- • 5.1 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 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. 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 fhe 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 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, 2018, 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 7 (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. 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 indemnify 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 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. WTU 11115611141 :1 1ITAU- I 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 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. 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 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: Brandon Allen Newtown Rec/North Georgia Recreation 3000 Old Alabama Road, Suite 200 Johns Creek, GA 30022 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. Ice The PROVIDER hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to CITY. Further, PROVIDER hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractors) 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. X 100 or more employees. Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being 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 ATTE T: Print: .�lC(< py. M&X-1Q At" Its: (Assistant) Corporate Secretary (required if corporation E MA MSS10,V%. '�► • cn ; C G Vi30Z) Q �O® NT �y 16116, CITY: JOE LOCKWOOD, MAYOR PRO DER: - Z"�' � 4 �w Print: &Ab h&4 Its: (circle one) - President/Vice President (Corporation) - General Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation 12 EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] 13 EXHIBIT "B" HOME OF ' JJA' MILT-"ON*k ESTABLISHED 2006 CRIMINAL HISTORY REQUEST FORM 1) This Request Is For: (Check Only One) 2) A History Is Requested On The Following Person: Full Name (Print): Code (E) - Provides Georgia Criminal History Information for Employment; Military; Licensing; Personal Use; International Travel; Permits of any kind; Adoptive Parents; City of Milton Employment; Other not listed Code (N) - Employment/Volunteer Working with the Elderly X Code (W) - Employment/Volunteer with Children Code (M) - Employment/Volunteer with the Mentally III Code (C) - Police Ride Along Request; Police Department Employment; Police Vendor/Contractor 2) A History Is Requested On The Following Person: Full Name (Print): A I give consent to in order to perform periodic criminal history background checks for the duration of my employment with this company (name of company: ). I hereby give consent for the Milton Police Department to conduct an inquiry and receive any Georgia criminal history record information pertaining to me which may be contained in the files of any state or local criminal justice agency in Georgia. This report is consid ed accurate at time of inquiry and may change at any time. I also understand this record check is $20.00 payable u equest. . PhotocvAy of a legal government ID must accompany this request. ZIC h.M-yl , win Sign ure of person whom criminal history is being inquired. Da e No Georgia Criminal History Record Information results available. Georgia Criminal History Record Information attached/released No NCIC/GCIC Warrant results available Possible NCIC/GCIC Warrant. Contact Agency: Agency Operator Signature & Title 14 Date of Inquiry/Time of Inquiry EXHIBIT "C" 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 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 W, I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , , 201 in (city), —(state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201—. NOTARY PUBLIC [NOTARY SEAL] My Commission Expi 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 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: Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information wi/l be used for consideration of program proposals. Use one form per program. Name of Program: BOYS YOUTH LACROSSE (Fall 2018 ) 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 August 13th, First game September 8`h Last Game November 10/11`h (all weather permitting). Program Fee. U9 Boys- $170.00, U11 Boys- $180.00, Middle School Boys- $190.00 Program Enrollment: Minimum: 45 per age group Maximum: 125 per age group Materials to be supplied by participants: cleats/tennis shoes. Materials to be supplied by PROVIDER: Jersey, balls, cones, goals. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 200. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 1,000,000 General Liability Insurance Office Use Only.- Program nly.Program Rate:$_ 5 # of programs in Session: Fee/Program: Fall 2018 Participant Goal- 210 players EXHIBIT cess 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 2018 ) 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:OOpm, games are scheduled 1 hour and 15 minutes apart to 1 hour and 45 minutes apart on Saturdays (8:OOam-9:30pm) or on Sundays (12:30pm- 7:45pm) Program Dates: Practice begins January 15th, First game February 3rd (Jamboree) Last Game May 12"/13`h (all weather permitting). Program Fee: U9 Boys- $170.00, U11 Boys- $180.00, Middle School Boys- $190.00 Program Enrollment: Minimum: 45 per age group Maximum: 125 per age group Materials to be supplied by participants: cleats/tennis shoes. Materials to be supplied by PROVIDER: Jersey, balls, cones, goals. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 200. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): Brandon@newtownrec.com (Fax) 678 297-3920 1,000,000 General Liability Insurance Office Use Only.• Program Rate:$ # of programs in Session: 5 Fee/Program: Spring 2018 Participant Goal- 366 players NF1A1Tn1A/N.n1 HMr1NTn.RH Cf]VFRAt;FS CERTIFICATE NIIMRFR- RFVISIBN NLIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 01/19/2018 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 CONTACT NAME: PHONE FAX IAIc, No, Ext): (800) 231-9963 (A/c, No):(888) 739-1233 Bitner-Henry Insurance Agency, Inc 401 E Antietam St., Ste B Hagerstown, MD 21740 AD RE , service@bitnerhenry.com INSURERS AFFORDING COVERAGE NAIL # DAMAGE TO RENTED 30Q,OOQ PREM E RENTED....$ INSURER A: Brotherhood Mutual Insurance 13523 PERSONAL&ADV INJURY $ 1'000'000 INSURED INSURER B: INSURERC: New Town Recreation, Inc INSURER D: 3000 Old Alabama Road #200 Johns Creek, GA 30022 INSURER E INSURER F: Cf]VFRAt;FS CERTIFICATE NIIMRFR- RFVISIBN NLIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF D POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADEX OCCUR10MEA0321804 X 07/14/2015 07114/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 30Q,OOQ PREM E RENTED....$ MED EXP (Any oneperson) $ - 5'000 PERSONAL&ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F__] JET F__] LOC OTHER: GENERAL AGGREGATE $ 3'000'000 PRODUCTS-COMPIOPAGG $ 3,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident)$ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERdY AMAGE Per asci ent $ UMBRELLA LIAB EXCESS LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DED, I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �, / N ANY PROPRIETR/PARTNER/EXECUTIVE ❑ gOER (MPandata yin NH( EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below N I A PER OTH- TA T E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ j I DESCRIPTION OF OPERATIONS 1 LOCA71ONS I VEHICLES (ACORD 101, 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. City of Milton 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 ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 'lip I LTO N. ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 9, 2018 FROM: Steven Krokoff, City Manager(2 AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Sperber Music. MEETING DATE: Wednesday, February 21, 2018 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: (OES () NO CITY ATTORNEY REVIEW REQUIRED: (41YES () NO APPROVAL BY CITY ATTORNEY: (,IAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oLl V) z -IQ, 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 infoQcityofmiltonga.us I www.cityofmiltonga.us 0 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 31, 2018 for the February 21, 2018 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Sperber Music. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Sperber Music. Executive Summary: Sperber Music provides the city with a youth music program. This program will offer music camps and classes at Bell Memorial Park and Bethwell Community Center. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another music provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 27, 2017 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Sperber Music. CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made thisgf?'day of �C/v. 2018, 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 SPERBER MUSIC hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as Youth Music Classes and Camps at the following locations: Bell Memorial Park & Bethwell Community Center. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate to schedule the program schedule, which schedule will be approved by Department Director, or his designee, at its sole discretion. PROVIDER agrees to submit a Program Request Form to the City's Recreation Program Manager (hereinafter "Manager") for each program being proposed four (4) weeks prior to the beginning of each program session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON and ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or ALPHARETTA. The 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. 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. . . - . - «.. . . mm r adult movies, adult booklvideo 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 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. 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. 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: /c, &Cfl-j£Ek- (Svmnlx6a- (4mr) Previous Season Participation: -7 iEN� LjeEI` Growth Goal for This Season: f 6,t - (,/,VF.�Ic-- 3 1.24 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 Alpharetta residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved and must be verified by the City GIS database prior to formation. ARTICLE r . - 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 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 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 4 participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 5%® 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 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 .-- .= 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 5 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 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, 2018, 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 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 r AM 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. E:� 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 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. 0 All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and KAREN CORNELL 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: Karen Cornell, Sperber Music 3195 Chenery Drive Milton, 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. 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 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 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 LOCKW 6 6 D, MAYOR PROVIDER: / l Print: I ircle one) - Presid t/Vice President (Corporation) - eneral Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation 12 ,��•'oY JOti- o A,p""N`r0 MRES GEORGIA s J* 31, 2020 F r ':� 'AVBL�C,� � ;m m .. u lNSERT SCOPE ....,OYom`_ OF i _,ii (INCLUDING ..,DNBUT NOT LIMITED E >� O SCHEDULE AO,- MINIMUM NUMBER PARTICIPANTS)] 13 EXHIBIT "B" HOME OF ' MILTON' ESTABLISHED 2006 CRIMINAL HISTORY REQUEST FORM 1) This Request Is For: (Check Only One) 2) A History Is Requested On The Following Person: Full Name (Print): Code (E) — Provides Georgia Criminal History Information for Employment; Military; Licensing; Personal Use; International Travel; Permits of any kind; Adoptive Parents; City of Milton Employment; Other not listed Address: Code (N) — Employment/Volunteer Working with the Elderly X Code (W) — Employment/Volunteer with Children Code (M) — Employment/Volunteer with the Mentally Ill Code (C) — Police Ride Along Request; Police Department Employment; Police Vendor/Contractor 2) A History Is Requested On The Following Person: Full Name (Print): Address: Sex: Race: DOB: SSN: I give consent to in order to perform periodic criminal history background checks for the duration of my employment with this company (name of company: ). I hereby give consent for the Milton Police Department to conduct an inquiry and receive any Georgia criminal history record information pertaining to me which may be contained in the files of any state or local criminal justice agency in Georgia. This report is considered accurate at time of inquiry and may change at any time. I also understand this record check is $20.00 payable upon request. . Photocopy of a legal government ID must accompany this request. Signature of person whom criminal history is being inquired. Date No Georgia Criminal History Record Information results available. Georgia Criminal History Record Information attached/released No NCIC/GCIC Warrant results available Possible NCIC/GCIC Warrant. Contact Agency: Agency Operator Signature & Title 14 Date of Inquiry/Time of Inquiry 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 �5p.Zz 11/ P'_'5 " C_ Name of Contractor Name of Project Name of Public Employer 15 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in (city), (state). .8ignature of Authorized Officer or Agent 4 4 .0 1 'ib . 6 or +c I Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND RN BEFORE MON THIS THE —LJL DAY OF 201. N ARY PU IC _ [NOT EXPIRES s = GEORGIA 's July 3l, 2020 i � G �'�IIInIIIIH�� My Commission Expires: EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. Executed on _, 201_ in (city), Date of Authorization (state). Name of Contractor Signature of Authorized Officer or Agent Name of Project v� Printed Name and Title of Authorized Officer or Agent Name of Public Employer SUBSCRIBED AND SWORN BEFOR ME ON THIS THE DAYOF - va 201 NOTARY` _ 'SOT AR1- �2 [NdTAIM��] C; 'ORGtA Jury 31, 2020 i My Com'rx iS (r�x r4 /- Zo2 � EXHIBIT "A" PROGRAM REQUEST FORM tike1ririg- S'ffv ,r?.vAsRx-i5ex11ce 5tcfx�fleteRx-#�Ire via this form attached to the Letter ofInterest This information willbe used for considera I * t ofprogram proposals. Use one form per program. Name of Program: Sperber Music - Mini Musicians Summer Camp Participant Ages: 3-5 years old (must be potty trained) Day/s of the week program is offered: late June -July 2018 Time of Programs: 10:00 a.m. - 1:00 p.m. Program Dates: late June -July (TBD) Program Fee: $120 (Before May 1, 2018) IFFRIBITI ME I Program Enrollment: Minimum- 5 children Maximum- 15 children Materials to be supplied by participants: Daily snack/lunch Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at Bell Memorial Park, Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER ('s)Name: Sperber Music (Karen Cornell, owner) Address: 3195 Chenery Drive City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) 1,000,000 General Liability Insurance Letter(s) of Recommendation Program Rate:$_# of programs in Session: Fee/Program: PROGRAM REQUEST FORM Individuals interested in proposing theirprogram5 and services must complete and return this form attached to the Letter ofInterest This information will be used for consideration of program proposals. Use one forrin per program. Name of Program: Sperber Music - Parents Night Out (PNO) Participant Ages: 5-10 years old (4 year olds may attend with sibling) Day/s of the week program is offered: 1st Friday of the month Time of Programs: 6:30-9:30 p.m. Program Dates: once a quarter Program Fee: $20/1st child, $5/each additional child (Max $30) Program Enrollment: Minimum- 3 children Maximum- 15 children Materials to be supplied by participants: none Materials to be supplied by PROVIDER: Pizza dinner, bottle of water, craft materials, instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at Bethwell Community Center Information posted on City of Milton website/flyers/email blasts Additional Program Requirements: PROVIDER ('s)Name: Sperber Music (Karen Cornell, owner) Address: 3195 Chenery Drive City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) 1,000,000 General Liability Insurance Letter(s) of Recommendation yj�,,-,MZ I Program Rate:$_# of programs in Session: Fee/Program: M.I LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 9, 2018 FROM: Steven Krokoff, City Manage° AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Eagle Stix Rec Inc. MEETING DATE: Wednesday, February 21, 2018 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: (4-S'ES () NO CITY ATTORNEY REVIEW REQUIRED: (,KYES () NO APPROVAL BY CITY ATTORNEY: („APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 01-1 J/) JO)b 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 9, 2018 for the February 21, 2018 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department 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 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, Northwestern Middle School, Birmingham Falls Elementary School and Cogburn Woods Elementary School. 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, November 27, 2017 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Athletic Association Organizational Manual and Agreement between The City of Milton and Eagle Stix Rec Inc. HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MI LTONI CSTABLISIIED 2006 ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AND AGREEMENT TABLE OF CONTENTS PAGE: Department Mission and Philosophy 3 Legal and Organizational Requirements 4 Requirements of Associations 13 City and Park Ordinances 23 Park/Facility Regulations 26 Recreation and Parks Personnel/Contact Information 28 City of Milton Accident/Incident Report Form 29 Agreement Consenting to Terms in Manual 30 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. PAR: Parks and Recreation Advisory Board of the City of Milton. 0 MISSION • Mission The Milton Parks & Rec Department is committed to providing quality parks and facilities along with traditional and innovative recreational programs for its residents. We strive to promote healthy lifestyles to support the best quality of life in Milton. Vision The Milton Parks and Recreation Department will develop and maintain premier parks for active, passive and mixed use. We will develop trails that will link key locations within the City of Milton and with other cities. We will offer high quality programs for people of all ages and abilities. The primary focus will be on recreation level activities with limited opportunities for advanced levels of play. Core Values Respect, Excellence, Integrity, Responsiveness, Collaboration, Knowledge, Bold Leadership, Recreation, Inclusiveness, Health 3 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. MEMORANDUM OF UNDERSTANDING WITH CITY OF ALPHARETTA On November 5, 2012, the City Councils of Milton and Alpharetta entered into a Memorandum of Understanding ("MOU") for recreation and parks programs. The purpose of the MOU is to take an initial step to foster a long-term mutually beneficial relationship between Milton and Alpharetta as it relates to parks and recreation programs and services as a way to better serve the cities' respective citizens, offer a wider variety of recreational services, and grow the relationship between the Cities such 4 that similar opportunities can be developed over time. The City of Milton will make an annual payment to the City of Alpharetta, and Alpharetta residents shall be allowed to register for all Milton recreation programs and affiliated Association programs, and rent facilities and shall pay the same fees as Milton residents, provided space is available. In exchange, Alpharetta shall waive non-resident fees for Milton residents who participate in Alpharetta recreation programs. Milton/Alpharetta residents participating in recreation programs of either city shall be considered residents of the city sponsoring the program for the purpose of travel/select teams with resident composition requirements and adults will meet affiliated Association Board member resident composition requirements. The privileges of advanced registration and the same fee structure for recreation and parks programs for City of Milton and City of Alpharetta residents shall be in effect for the duration of the Memorandum of Understanding between the Cities. •., : - - • J - • - it • } • it • - • 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. 5 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 Associati program at the time of the elections. I 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. R 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 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. 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, street address, city, zip code, email address, age/program and resident registration rate. 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. 9 REGISTRATION Associations are required to provide registration dates to the Department in time for inclusion in the City website and promotional activity. The City provides a link to Association websites at www.cityofmiltonaa.us Associations must notify City of any web address changes. RETURNING PLAYER/CITY RESIDENT REGISTRATION Per the terms of the MOU between the cities of Milton and Alpharetta, the City has implemented a three -tiered registration process. Associations 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 9 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. 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. IT11 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/eliminafion 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 11 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 *111111 j !, . � 1 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. 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. 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 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. 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: https://www.cdc.gov/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 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. 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 or the City of Alpharetta will not relieve the Association from paying the City non-resident fees for such participants. The Association is responsible for identifying participants who have received a scholarship from the Association. IR The City will periodically make available no -cost or reduced -cost programs for low and moderate income families through Community Development Block Grants. When this funding is available, the Association will promote the opportunity to apply for these services on the registration page of 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 Registration 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 here: https://www.cityofmiltonga.us/parks-recreation/athletics/ 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 18 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 fail 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 and locking of all buildings, the turning off of all scoreboards, returning all 19 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/incidenf 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 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 Association to purchase replacement sod and incur any other cost 20 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,• pornography,alcoholic beverages, tobacco products, adult movies adult boo •" • stores,adult entertainmentestablishments. rr •� • ••A 1 •• •. • • •• •• • r • r' 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. 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. 9 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 1. Associations conducting youth activities on City facilities must have an appropriate amount of adults supervising the activities conducted by the Association from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of an Association must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of the right to use City facilities. All Associations must enact and enforce a policy of ZERO tolerance for abusive behavior while at an Association event on-site or at an away facility. 3. The park belongs to all of the residents of Milton. The Associations are asked to enact and encourage a policy of "Leave It Cleaner Than When You Arrived" with regard to all elements of the park. The Association is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 4. Association representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, hover boards etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. I O.The use of unmanned aerial vehicles (UAVs) or drones is prohibited at all active parks within the City. 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 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@cityofmiltongaus 27 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 iim.cregge@cityofmiltonga.us Program Manager Tom McKlveen, CYSA 678-242-2519 tom.mcklveen@cityofmiltonaa.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 Information on persons involved in the accident/incident: Y _N EMS notified Y N NAME (please print) PHONE Under the a eofl8 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 Day phone Signature Evening phone E 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 orflm.cregge@cityoW1tonga.us 29 This agreement, made this day of of Milton ("City") and Georgia non-profit corporation ( "Association"). 20 , by the City a 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: EFtAL�Lc .Brix ADDRESS: J� I Z 5 01 L E(Ag-Li fo LA/vE CITY/STATE/ZIP: C7 ✓� 3y'c� tf PHONE: WEBSITE: Pt0LGs'TixLjcR-ossa EMAIL: ,US)c ci L7mF}It . c` c'V\, 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.cregge@cityofmiltonga.us 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: President Name: -T�G , J l� .� S�CSf- (Typed or Printed) Date: Attest: Organiza7;', ec4/, rettary Name: MA-, (Typed or Printed) Date: [AFFIX CORPORATE SEAL] CITY: By: Joe Lockwood Mayor, City of Milton Attest: Name: Date: [CITY SEAL] Approved as to form: City Attorney 34 This agreement, made this 2nd day of February, 2018, 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 clinics, camps and leagues 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, 2018 and continue through DECEMBER 31, 2018. 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:OOPM TO 1 O:OOPM SATURDAYS: FROM 8:OOAM TO 10:00PM SUNDAYS: FROM 1:00PM TO 1 O:OOPM DATES: JANUARY 1, 2018- DECEMBER 31 4. 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. 5. 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. 6. 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: 225 Previous Season Participation: 225 Growth Goal for This Season: We are at ideal capacity and will only grow as population grows. 7. 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 Alpharetta residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved and must be verified by the City GIS database prior to formation. 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. 8. 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. 9. The Organization shall ensure that its coaches satisfy the certification and training requirements set forth in Exhibit B. 2 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. 91 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: Eagle Stix Rec Inc ADDRESS: 2125 McFarlin Lane CITY/STATE/ZIP: Milton, GA 30004 PHONE: 410-916-1800 WEBSITE: www.eaglestixlacrosse.com EMAIL: dwinsnesslax@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.creq.qe@cityofmiltonga.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 E 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. r9i 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, By: Aii�� �_ D v Winsness, President Ken Morton Eagle Stix Rec Inc Date: [AFFIX CORPORATE SEAL] CITY: By: Steve Krokoff, City Manager City of Milton Date: 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. Per the terms of the MOU, effective December 1, 2012, City of Alpharetta residents who participate in Milton recreation programs shall be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed, but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. 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: Girls Lacrosse ACCEPTABLE COACHING CERTIFICATIONS: We do not have formal coaching certificates however all of our coached are trained by experienced GSHA Girls High School Coaches 9 �►c a CERTIFICATE OF LIABILITY INSURANCE DATEtMMIDD/YWY) o2ro7rols THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER; AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT BOLLINGER, Ina POLICY EXP PHONE FAX 150 JFK PARKWAY, 4TH FLOOR (1. 800-"6-5311 YYVD PO Box 390 (MWDDNYYY) (per. No.l; 973-921-8474 E-MAIL ADDRESS: SHORT HILLS, NJ 07078 PHONE: 1-800-44e-5311 FAX: 973-921-8474 INSURERS AFFORDING COVERAGE NAIC 9 INSURER A: Markel Insurance Company 389'D 8502AH221369 INSURED INSURER 5: US Lacio sse, Inc. DAMATO4EtiTE7 P4Ek-w-s Eaox I X: S1,050,OD0 INSURER C: 2 Loveton Circle INSURER D: Sparks, Xm 21152 INSURER E: Re: Eagle Stix Rec Lacrosse Inc per occurrence: limit: b2.03D.03D INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR YYVD (MWDDNYYY) (MWO NYYYY( A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR x 8502AH221369 01/01/2018 01/01/2019 EAC, OCC-R9E\CE $1,000,000 DAMATO4EtiTE7 P4Ek-w-s Eaox I X: S1,050,OD0 ME0Oc"aT o-exrun: 510,000 Participants Liab X GEN L AGGREGATE LIMIT APPLIES PER: POLICY—PRO- ©LOC JEC7 Sexual Sexual Abuse & Molestation Liab Abuse &Molestation Aggregate per occurrence: limit: b2.03D.03D $1; 7,05D DERSO%At &ADV 1--RY S1:000:00D C-EYE9Ai A'a:a9EGATE S5:0W:000 PROD-CTS-COMP.oPAGG 5�, ,000,OD0 S AUTOMOBILE LIABILITY ANY AUTO COlf5'4-D S %GLE L I,' T :Ea a=lai:: $ SOD _Y t-..RY ;Per aersoi; S 50D -Y N- ItY•PeraccOet S ALL OWNEDSCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED �90=E9TY DAMAGE S ;Peraxue ; AUTOS 5 UMBRELLA LIAB X OCCUR x AC, OCC 9REtiCE Sy:0,W:000 A EXCESS LIAB .;,AMS- 4602AH221370 01101/2018 01/01/2019 X AGGREGATE S2,000,000 S MADE DEC RETENTION 5 WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY N; A eCSTAT ITIORY OT-- S - A%Y P9OPR�'.-TO;tPARTn$R C-T'�!E L V TS E FACT ACC DET S 01=CE9.'MtEl MII EXCL.:DED' (Mandatory in NH) 'm. des:rbe J'IOer DESCR'PTO\0= _:. DSEASE-:A=1.'>_OY'_ $ -_ DSEASE-P6_CY_MT S 0PE"To7.5 oebw A ccident Medical 4102AH025220 01/01/2018 01/01/2019 Accident Limit: 5100,000 atastrophic Ace 4102AH305882 01/0112018 01101/2019 Catastrophic Limit: 51.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required( Coverage applies only to teamsileagues comprised of 100% U S Lacrosse member participants during scheduled & supervised lacrosse acttvites. Certificate Holder is named "Additional Insured " with respect to Eagle Stix Rec Lacrosse Inc. CERTIFICATE HOLDER CANCELLATION City. of XIitlton 2006 Heritage Walk Milton. G,k 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 0 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (201Dr115) The ACORD name and logo are registered marks of ACORD TO: FROM: I L O N; 1111�6 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 13, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order # 1 for the Professional Services Agreement for the Revision of the City's Tree Preservation Ordinance. MEETING DATE: Wednesday, February 21, 2018 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 () NO APPROVAL BY CITY ATTORNEY: () 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: Kathleen Field, Director Community Development Date: Submitted on February 13, 2018 for the February 21, 2018 Regular City Council Meeting Agenda Item: Approval of Change Order #1 for the Professional Services Agreement for the Revision of the City’s Tree Preservation Ordinance. _____________________________________________________________________________________ Project Description: This Professional Services agreement with Constance P. Head Technical Forestry Services is being amended to allow the billing of additional hours worked in editing the draft per the City’s legal department. The additional hours billed will exceed the original “maximum contract price” by $1,812.50. Section III (B) of the Agreement will be amended by replacing the maximum price “…$28,500.00…” with “…$30,312.50...”. Also, the contract expiration date will be changed from December 31, 2017 to February 6, 2018 The funding for this item will be accounted for in the mid-year budget amendment. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 300-7410-521200001 Requisition Total: $1,812.50 Vendor DBA: Constance P. Head Technical Forestry Services Financial Review: Bernadette Harvill, 2/13/2018 Legal Review: Sam VanVolkenburgh (Jarrard & Davis), 2/13/2018 Concurrent Review: Steve Krokoff, City Manager Bernadette Harvill, Finance Manager Attachment(s): Change Order Agreement 1 CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT REVISION OF THE TREE PRESERVATION ORDINANCE WHEREAS, the City of Milton, and Constance P. Head d/b/a Technical Forestry Services (“Consultant”) have entered into a Professional Service Agreement (the “Agreement”) dated October 17, 2016, incorporated herein by reference; and WHEREAS, the parties desire to issue a change order pursuant to Section II of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section I (D) of the Agreement is amended by replacing “…December 31, 2017…” with “…February 6, 2018…”. 2. Section III (B) of the Agreement is amended by replacing “…$28,500.00…” with “…$30,312.50…”. 3. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized offices as of the day and year set forth next to each signature. City of Milton By: _____________________________ Title: ____________________________ Name: __________________________ Date: __________________________ Approved by City Council ________________________________ Mayor ________________________________ Date _____________________________________ City Attorney Approval as to Form _____________________________________ Date Constance P. Head Technical Forestry Services Signature: ___________________________ Printed Name: _______________________ Title: _________________________________ Date: _______________________________ NO I LTO t\] It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 9, 2018 FROM: Steven Krokoff, City Manag el a, AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. MEETING DATE: Wednesday, February 21, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,KAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4'YES () NO CITY ATTORNEY REVIEW REQUIRED: AYES () NO APPROVAL BY CITY ATTORNEY: (4 APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 011;-1 vi 2006 Heritage Walk Milton, GA P: 678.242.2500 1 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 02/08/2017 for the 02/21/2017 Regular Council Meeting (First Presentation) and March 5, 2018 (Unfinished Business) Agenda Item: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Amendment to Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code. Executive Summary: The City of Milton Parks and Recreation Department Fee Schedule was last reviewed in May of 2017. Since that time, changes in facilities that are available for rent have occurred which calls for an update to the schedule. The Fee Schedule now includes the four tennis courts located at the Milton Country Club. The Deerfield Court Room has been deleted as a rentable facility. The Fee Schedule was reviewed by the Parks and Recreation Advisory Board and they voted unanimously to recommend approval of this fee schedule. Funding and Fiscal Impact: The adoption of this resolution increases the number of facilities that are available for rental and is projected to modestly increase the rental revenue to the City. Alternatives: If this policy is not adopted, our alternative is to communicate the council’s input and return to the PRAB to revise the policy. Legal Review: Jeff Strickland – Jarrard & Davis, February 8, 2018. Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Ordinance – Appendix A Chapter 34 Section 24 2) Chapter 34 - Table of Fees and Charges APPENDIX A 34-24 (a) (1)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $25.00 per hour 34-24 (a) (2)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $37.50 per hour 34-24 (a) (3)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $75.00 34-24 (a) (4)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $100.00 34-24 (a) (5)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $500.00 34-24 (b) (1)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $75.00 per hour 34-24 (b) (2)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $100 per hour 34-24 (b) (3)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $100.00 34-24 (b) (4)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate Determined on am individual case basis, limited to the cost to the City. 34-24 (c) (1)Rectangular Natural Turf Fields at IGA Fields - Milton Citizen Rate $25.00 per hour 34-24 (c) (2)Rectangular Natural Turf Fields at IGA Fields - Milton Citizen Rate $100.00 34-24 (d) (1)Facility rental rates at Bethwell Community Center - Milton Citizen Rate $50.00 per hour 34-24 (d) (2)Facility rental rates at Bethwell Community Center - Milton Citizen Rate $50.00 34-24 (e) (1)Tennis Court rental rates at the Milton Country Club - Milton Citizen Rate $5.00 per hour 34-24 (f) (1)Facility rental rates at Community Place - Milton Citizen Rate $50.00 per hour 34-24 (f) (2)Facility rental rates at Community Place - Milton Citizen Rate $200.00 34-24 (g)Facility rental rates at Friendship Community Park Pavilion Only - Milton Citizen Rate $10.00 per hour 34-24 (h) (1)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $50.00 per hour 34-24 (h) (2)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $350.00 One Field without lights, two hour minimum rental One Field with lights, two hour minimum rental Rentals offered in a minimum of two hours Rentals offered in a minimum of two hours Field preparation - dragging and lining Refundable Security Deposit Refundable Security Deposit Rentals offered in a minimum of one hour intervals For a Special Event for a Day One Field without lights, two hour minimum rental One Field with lights, two hour minimum rental Refundable Security Deposit Other services; i.e. field lining , etc. Rentals offered in a minimum of two hours Refundable Security Deposit One Field without lights, two hour minimum rental Refundable Security Deposit Rentals offered with lights and fan in a minimum of two hours Refundable Security Deposit Chapter 34 -- Parks, Recreation and Cultural Affairs APPENDIX A 34-24 (h) (3)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $100.00 34-24 (i) (1)Camp Joyful Soles $175.00 34-24 (i) (2)Camp Joyful Soles $50.00 34-24 (j)Administrative Fee $15.00 34-24 (k)Employee Discount 50% off of the City of Milton Resident rate 34-24 (l)Non-Resident Rate 50% increase over City of Milton Resident rate 34-24 (m)Independent Contractor Commissions No less than 10% and no more than 30% Registration Fee per week Refundable Personal Gas Grill Use Deposit City of Milton employees may receive a discount on City of Milton directly offered programs (Does not apply to programs offered through Independent Contractors) Non-refundable, Non-transferable Deposit per week Approved Refunds/Cancellations Applies to all individuals and businesses not based in Milton At the discretion of the Parks ands Recreation Director based upon services provided and fees charged STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, PARKS AND RECREATION FEES AND OTHER CHARGES, CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 5, 2018 at 6:00 p.m. does hereby ratify and approve the following Ordinance: SECTION 1. Pursuant to that authorization in Chapter 34, Section 24 of the Milton Code, Appendix A of the Milton Code is hereby amended to include a table of fees and charges that may be assessed and collected for access and use of City-owned or controlled parks, recreational fields and cultural amenities, with the schedule of said fees and charges as set forth in Exhibit A to this Ordinance. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 5th day of March, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) TO: FROM: MILTON:!'Ip ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 9, 2018 Steven Krokoff, City Manager(2) AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Alpharetta Athletic Club Owner, LLC., d/b/a Crooked Creek Club, 3430 Highway 9, Milton, Georgia 30004. MEETING DATE: Wednesday, February 21, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�,'<PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (V�AO CITY ATTORNEY REVIEW REQUIRED: () YES (�O APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0014 Z a It 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us N To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 1, 2018, for the February 21, 2018 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Alpharetta Athletic Club Owner, LLC., d/b/a Crooked Creek Club, 3430 Highway 9, Milton, Georgia 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Alpharetta Athletic Club Owner, LLC. d/b/a Crooked Creek Club for consumption on premises of Wine, Malt Beverages and Distilled Spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted due to change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Alpharetta Athletic Club Owner, LLC. d/b/a Crooked Creek Club Contact Name: Chris Wright Business Address: 3430 Highway 9, Milton, Georgia 30004 Type of License: Consumption on Premises – Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Kathleen Field, Director of Community Development TO: FROM: M I LTO �7ip ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 9, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Guitron Webb Road, LLC., d/b/a Blue River Tavern, 12990 Highway 9 N., Suite 102, Milton, Georgia 30004. MEETING DATE: Wednesday, February 21, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.4ZAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (.ANO CITY ATTORNEY REVIEW REQUIRED: () YES (,KNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: J L I V1 Z c rb 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 1, 2018, for the February 21, 2018 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Guitron Webb Road, LLC., d/b/a Blue River Tavern, 12990 Highway 9 N., Suite 102, Milton, Georgia 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Guitron Webb Road, LLC., d/b/a Blue River Tavern for consumption on premises of Wine, Malt Beverages and Distilled Spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted as a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Guitron Webb Road, LLC., d/b/a Blue River Tavern Contact Name: Yasmin Diaz Business Address: 12990 Highway 9 N., Suite 102, Milton, Georgia 30004 Type of License: Consumption on Premises – Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Kathleen Field, Director of Community Development M I LTN lit ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: Fefzr ary 9, 2018 FROM: Steven Krokoff, City Manage6-1-1-1 AGENDA ITEM: Request for Sewer Extension of 4 Lots Located Contiguous to the Manor Subdivision on Hamby Road. MEETING DATE: Wednesday, February 21, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.1 PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,AO CITY ATTORNEY REVIEW REQUIRED: () YES (,JINO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: C P 17 d 2C 1� 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 CARSON DEVELOPMENTS, INC. October 16, 2017 Kathleen Field Director, Community Development City of Milton 2006 Heritage Walk Milton, GA 30004 Re: Extension of Forsyth County Sewer to Four AG -1 Lots and Modification of the Sewer Service Map between the City of Milton and Fulton County Pursuant to the Amended Fulton/Milton Sewer Intergovernmental Agreement. Ms. Field: I am hereby requesting that the City, of Milton permit the connection of a maximum of four lots to Forsyth County sewer immediately adjacent to the lots on Hamby Road. Of the four lots, one is substantially, but not entirely, within the original Manor property and all are in excess of 1.9 acres. Each of the three lots that are not within the original Manor property can be built using septic systems and meet the requirements of the Fulton County, Health Department for septic systems. The fourth 1o4 partially in the Manor prop, can be shifted entirely within. the Manor property but that shift comes at the expense of quality. The granting of this request results in no additional lots, density or any reduction in lot size. We have actually given up compliant AG -1 lots that we could, by right, build using Manor sewer in order to do what is in the best long term interest of the City. If the City Council were to deny this request, that denial will result in more lots being built than currently requested. I am seeldng this permission so that we can build fewer, better lots on sewer. Distilled, it is that simple. Asall know, public sanitary sewer is the environmentally sound method of sewage treatment. Water that comes from the Chattahoochee should be treated and returned to the Chattahoochee. The intet-basin ttansfet of water from the Chattahoochee River to Milton septic tanks in the Etowah basin is not sustainable long term in a resource constrained basin like the Chattahoochee's. I am further requesting that this matter be heard at the November 20, 2017 Milton City Council meeting. Feel free to contact me with any questions you may have or information you may need. Respectfully requested, E. Howard Carson, Jr. Red Bull Holdings LLC 3082 East Shadowlawn Avenue, Atlanta, GA 30305 0:404-264 -0930 ernaih chc@mindspring.com Page is too large to OCR. CAROTHERS &. MITCHELL, LLC ATTORNEYS AT LAW RICHARD A. CAROTHERS (GA & OH) THOMAS M. MITCHELL E. RONALD BENNETT, JR. AMYB.COWAN ANGELA C. COI ICH KAREN G. THOMAS Kathleen Field Community Development Director kathleeii.field@cityofmiltonga.us Milton City Hall 2006 Heritage Walk Milton, GA 30004 ----------- -_ TELEPHONE (770) 9323552 FACSIMILE (770) 9326348 1809 BUFORD HIGHWAY E-MAIL CARMITCH@CARMITCH.COM BUFORD, GEORGIA 30518 August 23, 2017 OF COI INSEL: REBECCA J. SCHMI DT WRITER'S EMAIL: RICHARD.CAROTHERSCNCARMITCH.COM WRITER'S DIRECT DIAL: (678)7300432 RE: Forsyth County Providing Sewer Service Within the City of Milton Dear Kathy: I was requested by the City of Milton to provide a legal opinion regarding whether Forsyth County can provide sewer service in the City of Milton in Fulton County based upon an Intergovernmental Agreement between Fulton County and Forsyth County which was entered into in 2006. While my response to that general question is in the affirmative, there appear to be additional legal questions with regard to the application of that authorized sewer service in the context of a proposed development. I will address that matter below. On December 6, 2006, Forsyth County and Fulton County entered into an intergovernmental agreement for the provision of water, reuse water, and sewer services to The Manor Golf & Country Club (hereinafter "The Manor"). The purpose of this intergovernmental agreement was to permit Forsyth County to provide sewer service and reuse water service in Fulton County within The Manor, a large residential development. By its specific terms, the agreement only authorizes Forsyth County to provide its sewer services within The Manor and to any and all property owners therein. The agreement emphasizes the limitations of Fulton County's authorization to Forsyth County by stating that Forsyth County "Will not" provide any sewer treatment capacity beyond those customers in The Manor. Most importantly for this analysis, The Manor is described and depicted on Exhibit A to the Intergovernmental Agreement, a copy of which I have attached to this correspondence. Therefore, as indicated above, it appears Kathleen Field August 23, 2017 Page 2 clear that Forsyth County remains authorized to provide sewer services within The Manor as depicted on Exhibit A. With regard to the geographically limited authorization granted in the context of the intergovernmental agreement, there is apparently an application for the development of a number of residential lots or a residential subdivision which lies along the southern end of The Manor. The general areas where these homes are proposed for development lies at the southern end of The Manor and which I have depicted on my Exhibit A in red. I will refer to the red area as the "southern section." I have also attached as Exhibit B to this correspondence a GIS depiction showing the southern section of The Manor which is the same as is shown in red on Exhibit A. The proposed lots and lot lines are superimposed on Exhibit B's depiction of that area. Exhibit B shows the boundaries of the subdivision lots but they are not individually numbered. For ease of reference, I have attached a subdivision concept plan dated 4/20/17 as Exhibit C which does contain the lot numbers which run from Lot 8 through Lot 1 moving northwesterly on the depicted area. A review of this exhibit clearly demonstrates the issue. As previously discussed, Forsyth County is specifically limited to providing sewer services within The Manor of which the southern section is a part. However, Lots 1, 2, and 3 are outside of that southern section and Lot 4 is primarily outside of it. Conversely, Lots 8, 7, and 6 are inside the southern section, and a majority of Lot 5 is within the section. Construing strictly the special and limited authority given to Forsyth County in the intergovernmental agreement, it appears that Forsyth County would not have the legal authority to serve Lots 1-4. I believe Forsyth County would be able to provide service to Lots 6-8. With regard to Lot 5, it is problematic as it would require "sewer service" to the whole parcel including the portions that lie outside The Manor area. Therefore, I believe service would not be authorized. That situation might be avoided by reconfiguring that lot to conform to the boundaries of the southern section so that all of Lot 5 lies within The Manor. Based upon the foregoing, and absent an amendment to the intergovernmental agreement, it is my opinion that Forsyth County's ability to provide sewer service to Fulton County and the City of Milton is limited as articulated above. Should you have any questions, please do not hesitate to contact me. Kathleen Field August 23, 2017 Page 3 Best regards. RAC:jkc Very truly yours, Enclosures cc: Steven Krokoff, City Manager Carter Lucas, Asst. City Manager/Public Works Director Robyn MacDonald, Zoning Manager Ken Jarrard, Esq., City Attorney 9 fyi�1 FALLING WATER mown Flit PRE-ENGMEERMG EXHIBIT A MANOR NORTH REUSE POND APPROX VOL 7,500,0130 GAL MOT YET BUILT) MANOR REUSE 'ONDS A + 8 - HOLE -13 !ROSS APPROX VOL 3,800,000 GAL. CURRENTLY OPPERATIONAL) VWTP FACILITY ANOR REUSE )ND - HOLE - 5 90SS APPROX. VOL. - 000,000 GAL URRENTLY OPPERATIONAL) - a.•s a.0 MASWK _ I7.W ME Ip REUSE�NND WCAIAIb r, I B�yir Court 9 Lel r � i t Orr',"/ , i a °r G o4a49 0 N C 7 � o m O N N 7 d w � R U I eels aWuagm ap. soq.P"AmM. PBw2 sdms wm m cwnaelm Aw °xwnRO�`w.m. ArA wNRv. W an s wmv Rnxoaac wwn an a xm..em m PLmexn W AmAx- mwmw'.r w>m rnw2 zmRra emr e.uR ro mnm: a m[smsls. nrc.arm WWwR ro. rr,WR n o.m s Lm w wew mR eRav Awm m owAe �m mE.wnora w mr oxmma w .m �Au�PRrum me@ueY mvNrrrs rcW Rmm weo rml,ms`O1m'�'vmmrzr reevas ,No.0 AMwMN4 /HD OIXR .w Eat MMN WYY H]➢ M a ttYIXI.WVt m WnIMY9 6I A YNbeWY MNLWFRS ASYGiCN WMf MPS4➢ 6CIIMD/R [f A[LNCM1XMl 9YL. BE a6Ye1mW M W61M tt P¢ mMTWII? AW LtlWMl1' M¢CPMMe rw xeMw.wD . IAm W tllE 5E[e.Ww Cr rvl {uw. iNi. - II ��• 4�"•' •. 4 '�" 6ef� A� nM IB I I'el, O Y} i�•/� Iwl% ".S �� _ YI lN.'. ��� W ��� m®e�a,rtr�r�.irs �uWMmvmw. � I "Y`, r" RED BULL HOLDINGS, LLC aDcuR PIft011 OR I 3062 EAST SHADOWLAWN AVE. M ATLANTA, GEORGIA 30305 NITS PR OPER1Y CONrNNS WA1ER5 OF THE STAT � IAN-IX£IV(ALMARS 9WL Iqr BF CONGATEO MIIXM rMF w -Poor IINLISRAdED snsAR @PtEes As urAsumn rmu � �' ME PoWI m M3?D 4SRAIkN XiIMMR i1FSr AtlMnm@ ; ME NECESSWI YAV(N4'a5 uS PENe1tS •• ro.o Wmw Wmcer.w rgmas'°'Ia r`+i. Gt 'dill\_• // /_ W:Imep• r .." is 'Y*•r cavy of ��e MFll \ wJugn vlm: J RWS W n �S@IWnS _" '.SIV 5 BI TAMR TP �•£.a�s ^- • � y� � ramiavm.6 �iQiena :°sem 941/ rRx m mRn.R rm Etl1 �,� m •re®,rwamn 10r ALL YAFdINiO MIFAS A'O LLN1 .9Tf/06 AREA THIS TRACT: Q11x MlMYI r , TOTAL PROJECT AREA = 26.04 ACRES ByA' M uSod giii..e eels aWuagm ap. soq.P"AmM. PBw2 sdms wm m cwnaelm Aw °xwnRO�`w.m. ArA wNRv. W an s wmv Rnxoaac wwn an a xm..em m PLmexn W AmAx- mwmw'.r w>m rnw2 zmRra emr e.uR ro mnm: a m[smsls. nrc.arm WWwR ro. rr,WR n o.m s Lm w wew mR eRav Awm m owAe �m mE.wnora w mr oxmma w .m �Au�PRrum me@ueY mvNrrrs rcW Rmm weo rml,ms`O1m'�'vmmrzr reevas ,No.0 AMwMN4 /HD OIXR .w Eat MMN WYY H]➢ M a ttYIXI.WVt m WnIMY9 6I A YNbeWY MNLWFRS ASYGiCN WMf MPS4➢ 6CIIMD/R [f A[LNCM1XMl 9YL. BE a6Ye1mW M W61M tt P¢ mMTWII? AW LtlWMl1' M¢CPMMe rw xeMw.wD . IAm W tllE 5E[e.Ww Cr rvl {uw. iNi. - II ��• 4�"•' •. 4 '�" 6ef� A� nM IB I I'el, O Y} i�•/� Iwl% ".S �� _ YI lN.'. ��� W ��� m®e�a,rtr�r�.irs �uWMmvmw. � I OWNER/OEVELOPER: vRovo50) fid VmO nR —Ta" RED BULL HOLDINGS, LLC aDcuR PIft011 OR I 3062 EAST SHADOWLAWN AVE. M ATLANTA, GEORGIA 30305 NITS PR OPER1Y CONrNNS WA1ER5 OF THE STAT � IAN-IX£IV(ALMARS 9WL Iqr BF CONGATEO MIIXM rMF w -Poor IINLISRAdED snsAR @PtEes As urAsumn rmu � �' ME PoWI m M3?D 4SRAIkN XiIMMR i1FSr AtlMnm@ ME NECESSWI YAV(N4'a5 uS PENe1tS _ HOWARD CARSON _ _ ...ro... L, STA LlSMR. 1YPR0 r x 1� A ]m.Jllpq F cavy 71 wJugn vlm: J RWS W n 1 185fA1 q R x 4 '.SIV 5 BI TAMR =or ^- 6 9JAar fl 1]I@ ue y� � ramiavm.6 �iQiena :°sem 941/ mSeS q R I.SmI s 1 m •re®,rwamn B 21im1 R 4 AREA THIS TRACT: TOTAL PROJECT AREA = 26.04 ACRES OWNER/OEVELOPER: vRovo50) fid VmO nR —Ta" RED BULL HOLDINGS, LLC aDcuR PIft011 OR I 3062 EAST SHADOWLAWN AVE. wwIR cut art nu ATLANTA, GEORGIA 30305 PHONE (770) 595-7225 �'... HOUR CONTACT: WLc24 lawifit HOWARD CARSON _ _ ...ro... L, STA LlSMR. 1YPR0 PHONE (404) 281-7497 cavy ENGINEER/SURVEYOR: ICE ENGINEERS, INC. 60.3 MACY DRIVE ROSWELL, GEORGIA 30076 TELEPHONE (770) 99B-5763 NOTIFY THE FULTON COUNTY AND CITY ALL IMPROVEMENTS TO CONFORM WIN STANDARDS AND SPECIFICATIONS, UTE la v o ror xa m ar '� ��!`dM/iiga6omCmverenl"dfee � ; SITE a A SIR61E PAUAr SBWIWSION ozadAFS tPRA/ V . v IAM? CT6E5.1HALL arror4:Ai ti_ xxr`.'nremrtewo ticmmcs. • "„"�,'� ��'^��n `" � ARE s XORIZOXTAL ro r WRrMu a'"•' �� `�- � _'''. IRRIOAOON MUSIA �PRONIRIEO ON ALL UMnNO AW PROPOSED CIrY ANO 'MEq" STATE MMTS�-WAY. WATER SERVICE PROM E BY ML16N Munn.. 0.4 Panic WATER SYSIM. SEWER SERWCE MIS E N rM6 SEWER MI PT LOT B WHIN IS (SEP ).SYSTE45. 7. ON INSPECTOR 24 OURS BEFORE -BEGINNING PHASE OF CONSTRUCTION A4 .. DEO BGl HOLDWSS, LLC '. ru PARrM Nmmx 1 a-sim nR mr m Rnmt cEONI wo 40@ Ia A.H aN oaiRl@ as @omx 8v EXHIBIT C "'Y.� - AN6'e lP%Wtt aM6pM1Y R40.b.' A IRRur Wurbf�nc LOT - .ex.. �reum wrwAm un wn m w im +��eaw unxn' _ Pa4LL n B J- BG88 mMacy Sam wnsr axw�WrsaW ro i ENGINEERS, INC: R6r 1 a: 808 fi RaRWdi. CA 90078 •_ ..mean � ®...ssss.....r..s �'... _ _ ...ro... ?aa14M a =or ^- i y� � ramiavm.6 �iQiena :°sem 941/ 4 1 m •re®,rwamn ata@ 1 4 q "—^uis�s. l` M uSod giii..e Mj C \ �'�f ee�rv�umem ®muv.mro,..mxrt �✓�^�'-•�5 �✓}5� If{� 1 rf ri 5w.lU-. .. DEO BGl HOLDWSS, LLC '. ru PARrM Nmmx 1 a-sim nR mr m Rnmt cEONI wo 40@ Ia A.H aN oaiRl@ as @omx 8v EXHIBIT C "'Y.� - AN6'e lP%Wtt aM6pM1Y R40.b.' A IRRur Wurbf�nc LOT - .ex.. �reum wrwAm un wn m w im +��eaw unxn' _ Pa4LL n B J- BG88 mMacy Sam wnsr axw�WrsaW ro i ENGINEERS, INC: R6r 1 a: 808 fi RaRWdi. CA 90078 CAROTHERS & MITCHELL, LLC ATTORNEYS AT LAW RICHARD A. CAROTHERS (GA & OH) THOMAS M. MITCHELL E. RONALD BENNETT, JR. AMY B. COWAN ANGELA C. COUCH KAREN G. THOMAS BRIAN R. DEMPSEY Steven Krokoff, City Manager steven.krokoMcityofmiltonga.us Milton City Hall 2006 Heritage Walk Milton, GA 30004 1809 BUFORD HIGHWAY BUFORD, GEORGIA 30518 September 26, 2017 RE: City of Milton Sewer Opinion Mr. Krokoff: TELEPHONE (770) 932.3552 FACSIMILE (770) 9324348 W W W.CARMITCH.COM OF COUNSEL: REBECCA). SCHMIDT WRITER'S EMAIL: RICHARD.CAROTHERSOCARMITCH.COM WRITER'S DIRECT DIAL: (678)730-0432 As you know, I provided a legal opinion on August 23, 2017, in which I stated that my interpretation of the intergovernmental agreement between Forsyth County and Fulton County authorized Forsyth to provide sewer service within those portions of the Manor located within the City of Milton. In subsequent correspondence, you asked whether Milton was "obligated" to allow the sewer connection based upon the original agreement to which Appendix A was initially attached. I believe that the first inquiry would be to determine if in fact Forsyth intends to provide sewer for the parcels which I identified in my previous letter. From my perspective, that is a threshold determination. If the answer to that threshold question is yes, then I have been unable to determine from your development codes any basis for Milton to not allow the sewer connection. I believe the lot and its access to sewer would be evaluated for approval as any other lot in the City which has access to sewer. Moreover, I do not find anything in the original agreement that would authorize the City to not permit the sewer connection. I hope that this is responsive to your inquiry. If you have any further questions, please do not hesitate to contact me. Best regards. RAC:jkc Very truly yours, No Text 2/16/2018 GSCCCA.orq - Imape Index Deed Back 37034 Pg 132 Filed and Recorded Feb -l& -M4 02:36pa 2004-0064208 Juanita Hicks Clerk of Superior Court Fulton County, beorgia VANN ON I IN After recording, return to: Larry Hyre, Esq. Cobb & Hyre 6085 Lake Forrest Drive Suite 200 Atlanta, Georgia 30328 STATE OF GEORGIA COUNTY OF FULTON DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS is hereby made by Brooks Land, Inc., a Georgia corporation, the undersigned Declarant, and by Falling Water, Inc., a Georgia corporation, the undersigned Permit Holder (an affiliate of the Declarant). Declarant is owner in fee simple of a certain tract of real property in Fulton County, Georgia. The description of said Property is more particularly described in Exhibit "All hereto attached and made a part hereof. The Covenants hereinafter stated shall apply to said Property. This tract of land is a portion of the same property having been conveyed on August 4, 2003 from Falling Water, Inc. to Brooks Land, Inc., and recorded in Fulton County, Georgia, at Book 35749, Page 210; and conveyed on March 13, 2001 from Michael Nosach and K. Sue Sigmon-Nosach, to Brooks Land, Inc., and recorded in Fulton County, Georgia, at Book 30073, Pages 642 to 644; and conveyed on March 13, 2001 from Stephen B. Rives and Diane R. Hiles to Brooks Land, Inc., and recorded in Fulton County, Georgia, at Book 30073, Pages 654 to 655; and conveyed on July 20, 2000 from Steven J. Keeter to Brooks Land, Inc., and recorded in Fulton County, Georgia, at Book 29290, Pages 81 to 83; and conveyed on June 4, 2002 from Wansley Calvin Puckett, Jr. and Marjorie Marie Puckett Thompson to Brooks Land, Inc., and recorded in Fulton County, Georgia, at Book 32506, Pages 576 to 578; and conveyed on July 11, 2000 from Robert M. Ullmann and Robert B. Meyer to Brooks Land, Inc., and recorded in Fulton County, Georgia, at Book 29252, Pages 46 to 49 and are by reference incorporated herein for a description of all other legal purposes. WHEREAS, Permit Holder was issued a permit by the US Army Corps of Engineers ("USACE") Action Number #200112420 pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344) under the administrative regulatory authority of the USACE, Savannah District, Regulatory Branch, setting forth authorization for certain dredge and/or discharge of fill activities in waters of the United States, including wetlands and streams; and, hftp://search.gsecca.orglim agi nglHTM L5Viewer.aspx?i d=21228406&keyl=37034&key2=132&county=60&countyname=FU LTON&userid=567527&appid=4 1/1 2116/2018 GSCCCA.orq - Image Index Deed Book ;37(D34 Pg 133 lnomimilmmllmiiml milli min WHEREAS, said permit is attached hereto as Exhibit "B" and by this reference is made a part hereof; and, WHEREAS, dredge and/or discharge of fill material in jurisdictional waters of the United States including wetlands and streams pursuant to the Clean Water Act, Section 404, requires compensatory mitigation and perpetual protection of the mitigation property; and, WHEREAS, the Property is being preserved, restored, or enhanced as a wetland, buffer to wetlands, stream, strearnside buffer and/or upland buffer to jurisdictional waters of the United States, as well as to non jurisdictional waters of the United States where such property has been accepted as compensatory mitigation pursuant to the permit, and, WHEREAS, dated platted surveys with seal affixed by a Georgia registered surveyor of the bearings and distances and coordinate values of the boundary of the Property have been recorded in Fulton County, Georgia, at Plat Book /, Pages 9K throughfz in the Office of the Clerk of Superior Court, and in Forsyth County, Georgia in Plat Book '79' , Page /*797 in the Office of the Clerk of Superior Court. The surveys also approximately show the streams and buffers on the Property, and easements of record. The surveys are made a part of this Declaration and are incorporated by reference. WHEREAS, the property consists of 27.752 acres in nine parcels of land; and, WHEREAS, the environmental conservation functions and values are summarized and described in Exhibit "C", attached hereto and made a part hereof; and WHEREAS, the Property has been set aside for its conservation use. The restricted Property is a part of, or in the future made part of, a mixed-use development. As approved within the mitigation plan of the permit, the restricted Property will either be designated as common property to be held and managed by a homeowner association as common property and/or open, natural green space; or will be designated as golf course property to be held and managed by the owner of the golf course as open space for the golf course. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the Declarant and each and every subsequent owner and occupant of the real property, and as required mitigation for dredge and/or discharge of fill material in waters of the United States including wetlands and streams, Declarant has promised to place certain restrictions on the Property exclusively for conservation purposes, in order that it shall remain substantially in its open, natural and/or scenic condition in perpetuity. 1. Declarant does hereby declare that all of the Property described hereinafter shall be held, transferred, sold, conveyed and occupied subject to the terms and conditions of the covenants, easements and affirmative obligations all of which shall run with the Property and will be binding on all persons, firms, associations, corporations or governmental entities having 2 http://search.gsccca.org/lmaginglHTML5Viewer.aspx?id=21228406&keyl=37034&key2=l32&county=60&countyname=FULTON&userid=567527&appid=4 1/1 2/16/2018 GSCCCA.orq - Image Index Deed Book 37034 P9 134 11111 molisionel 01 Nola or hereafter acquiring any right, title or interest in said Property, or any part thereof, their heirs, executors, administrators, successors and assigns. The terms and conditions of this Declaration of Covenants and Restrictions shall be both implicitly and explicitly included in any subsequent transfer, conveyance, or encumbrance affecting all or any part of the restricted property. It shall set forth the terms and conditions of this document either by reference to this document and its recorded location or attached and incorporated by reference. It shall not be amended or extinguished except by written approval of the USAGE, the Environmental Protection Agency or its successor in administration of the Clean Water Act. 2. Except as necessary (1) to carry out wetland restoration and enhance the natural habitat; or, (2) to fence the property to keep out livestock, trespassers, or for protection of the property; or, (3) to carry out mitigation, management and maintenance of the property approved by the USACE; the actions encompassed as prohibited by this covenant shall include, but shall not be limited to the following: A. Clearing, cutting or mowing: B. Earthmoving, grading, removal of topsoil, cultivation, burning, filling or changes in the topography of the land in any manner; C. Placement of refuse, wastes, sewage, dredged spoil, solid waste, incinerator residue, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, or agricultural waste on the Property; D. Draining, ditching, diking, dredging, channelizing, pumping, impounding, excavating; E. Diverting or affecting the natural flow of surface or underground waters within, or out of the Property; F. Mining, drilling; G. Burning, systematically removing or cutting or otherwise destroying any vegetation, except for pruning, or removal of diseased or unsafe trees conducted in accordance with current scientifically bases practices recommended by the U.S. Forest Service or the Georgia Forestry Commission; H. Spraying with biocides; I. Introducing exotic species on the Property or otherwise altering the natural state of the wetlands; Grazing of domesticated animals; http://search.gsccca.org/Im agi ng/HTM L5Viewer.aspx?id=21228406&keyl =37034&key2=132&county=60&countyname= FU LTON &useri d=567527&appid=4 1/1 2/16/2018 GSCCCA.orq Image Index Deed Book 37 034 Pg 134 II i or hereafter acquiring any right, title or interest in said Property, or any part thereof, their heirs, executors, administrators, successors and assigns. The terms and conditions of this Declaration of Covenants and Restrictions shall be both implicitly and explicitly included in any subsequent transfer, conveyance, or encumbrance affecting all or any part of the restricted property. It shall set forth the terms and conditions of this document either by reference to this document and its recorded location or attached and incorporated by reference. It shall not be amended or extinguished except by written approval of the USACE, the Environmental Protection Agency or its successor in administration of the Clean Water Act. 2. Except as necessary (1) to carry out wetland restoration and enhance the natural habitat; or, (2) to fence the property to keep out livestock, trespassers, or for protection of the property; or, (3) to carry out mitigation, management and maintenance of the property approved by the USACE; the actions encompassed as prohibited by this covenant shall include, but shall not be limited to the following: A. Clearing, cutting or mowing: B. Earthmoving, grading, removal of topsoil, cultivation, burning, filling or changes in the topography of the land in any manner; C. Placement of refuse, wastes, sewage, dredged spoil, solid waste, incinerator residue, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, or agricultural waste on the Property; D. Draining, ditching, diking, dredging, channelizing, pumping, impounding, excavating; E. Diverting or affecting the natural flow of surface or underground waters within, or out of the Property; F. Mining, drilling; G. Burning, systematically removing or nutting or otherwise destroying any vegetation, except for pruning, or removal of diseased or unsafe trees conducted in accordance with current scientifically bases practices recommended by the U.S. Forest Service or the Georgia Forestry Commission; H. Spraying with biocides; 1. Introducing exotic species on the Property or otherwise altering the natural state of the wetlands; Grazing of domesticated animals; ki http://search.gsccca.arglim agi ng/HTM L5Viewer.aspx?id=21228406&keyl =37034&key2=132&county=60&countyname= FU LTON &user i d= 567527&appi d=4 111 2/16/2018 GSCCCA.orq - Image Index Deed Soak 37034 Pg 135 l r K. Raising of any structure in the wetlands, streamside buffers or wetland buffers, whether temporary or permanent, except that minimal structures for the observation of wildlife, and wetlands ecology or for use with hunting by the owner and guests, may be constructed with the prior approval of the Savannah District Engineer. L. Display of billboards, signs, or advertisements on or over the Property, except for the posting of no trespassing signs, signs indicating the property is for sale, signs identifying the conservation values of the property or their protection, and/or signs identifying the owner of the property. 3. Existing utility lines, road crossings and structures, if any, are shown on the platted surveys. 4. Declarant represents and warrants that after reasonable investigation, and to the best of its knowledge: A. No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, or regulation, as hazardous, toxic, polluting, or otherwise contaminating to the water or soil, has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Property; B. There are no underground storage tanks located on the Property, whether presently in service or closed, abandoned, or decommissioned except as may be shown on the survey; C. The Property is in compliance with all federal, state and local laws and there is no pending or threatened litigation in any way affecting, involving or relating to the Property. S. Declarant, its personal representatives, heirs, executors, administrators, successors and assigns, reserve all other rights accruing from its ownership of the Property including but not limited to the exclusive possession of the property, the right to transfer or assign their interest in the same, the right to take action necessary to prevent erosion on the Property or to protect public health or safety; and the right to use the property in any manner not prohibited by this Declaration and which would not defeat or diminish the conservation purpose of this Declaration. 4 http://search.gsccca.org/lm agi ng/H TM L5Vi ewer.aspx?i d=21228406&key 1=37034&key2=132&county=60&countynam e= F U LTO N &useri d=567527&appi d=4 111 2/16/2018 GSCCCA.orq - Image Index Deed Book 37034 P9 136 1111011101MIN1111101 I ON I Rollo W It is expressly understood and agreed that this covenant does not grant or convey to non -owner members of the general public, any rights of ownership, interest in, or use of the protected property. 7. The USACE and/or the Environmental Protection Agency, or its successors, as third party beneficiaries hereof, are hereby specifically granted the authority to enforce the provisions of this Declaration of restrictions and covenants pursuant to the Clean Water Act and implementing regulations. Appropriate remedy for violation of this section is contemplated to include, without limitation, injunctive relief to restrain such violation, restoration, administrative, civil or criminal penalties as well as any other remedy available under law or equity. However, no violation of this covenant shall result in a forfeiture or reversion of title. F1.1 The USACE, and/or the Environmental Protection Agency shall at reasonable times and upon notice to the owner, have the right of ingress and egress to inspect the property in order to ascertain whether there has been compliance with this Declaration and to monitor compliance of the terms and conditions of the Clean Water Act Section 404 permit. 91 This covenant shall not terminate upon some fixed amount of time, but shall run with the land in perpetuity both as to benefit and as to burden. This covenant is established for the purpose of preserving waters of the United States, including wetlands and streams, non - jurisdictional wetlands and streams used as mitigation, wetland and stream buffers, upland adjacent to the protected property, and the associated aquatic, vegetative, forested and general wildlife habitat. Furthermore, this covenant carries out the statutory requirement of Section 404 of the Clean Water Act (33 U,S.C.§1344) and its implementing regulations. 10. Declarant shall execute and record this instrument in timely fashion in the Office of the Clerk of Superior Court in the county in which this Property is located and provide the USACE with a copy of the recorded restrictive covenant and exhibits. 5 hftp://search.gsccca.org/imaging/HTML5Viewer.aspx?id=21228406&keyl =37034&key2= 132&county=60&countynarne= FULTON &userid=567527&appid=4 111 2/16/2018 GSCCCA.orq Image Index Deed Hook 37034 Pg 137 IN�NN1��IMM�I��NINiN1i�NNIN11 IN WITNESS WHEREOF Declarant and Permit Holder have caused their respective duly authorized representatives to affix his or her signature and their respective corporate seal to this covenant on this the day of 03. Signed, scaled and delivered fsence f Notary1 RM R 14 J.D. Brooks, is resieirt 9(f• �F a7 n l [Corporate SeAl] b� V j Current Street Address: 6251 Smithpointe Drive Norcross, OA 30092 + , I ------------ 111 [Corporate Sear 4tr�.. { C 1 C. Current Street Addre i J J , 6251 SmithpointsPfiy+c;�.� Norcross, GA 30092 http://search.gsccca.org/Im agi ng/HTM L5Viewer.aspx?i d=21228406&keyl =37034&key2=132&county=60&countyname= FU LTON &userid=567527&appid=4 1/1 2116/2018 GSCCCA.orq - Image Index Deed Book .37034 Pg 138 ifignilkvlmmm Noise CONSENT AND AGREEMENT NEW SOUTH FEDERAL SAVINGS BANK, the holder of a Deed to Secure Debt and Security Agreement (the Deed to Secure Debt) encumbering property described in said Deed to Secure Debt, dated July 19, 2002, filed for record July 20, 2002 at 4:31 p.m., recorded in Deed Book 29290, Page 87, Fulton County, Georgia Records, in the original principle amount of $1,535,300,00, hereby consents and agrees to the provisions hereof, and agrees that in the event of foreclosure of the above Deed to Secure Debt, or conveyance in lieu thereof, title shall be conveyed subject to the within and foregoing covenants, easements, conditions and restrictions, which shall not be disturbed by said foreclosure or conveyance. I I WITNESS the hand and seal of the undersigned, this _ �Y'11—"Iday of August 2003. Signed, sealed and delivered in the presence of.- ri 1 a 4r 4 11499FA Unofficial Witness' My Commission Expires: fLd 5 (Notarial Seal) A.M7 ii'' I �V- 14 BY:&a NAME : ob Tomas . , tz TITLE: (Corporate Seal) hftp://search.gsccca.org/imaging/HTML5Viewer.aspx?id=21228406&keyl=37034&key2=132&county=60&countyname=FULTON&userid=567527&appid=4 2/16/2018 GSCCCA.orq - Image Index Decd Book 37034 Pg 139 !RMONININVA 1101811MORDSI CONSENT AND AGREEMENT ATLANTIC STATES BANK, the holder of a Deed to Secure Debt and. Security Agreement (the Deed to Secure Debt) encumbering property described in said Deed to Secure Debt, dated March 8, 2001, filed for record March 13, 2001 at 2.42 p.m., recorded in Deed Book 30073, Page 660, Fulton County, Georgia Records, in the original principle amount of $1,263,366.00, hereby consents and agrees to the provisions hereof, and agrees that in the event of foreclosure of the above Deed to Secure Debt, or conveyance in lieu thereof, title shall be conveyed subject to the within and foregoing covenants, easements, conditions and restrictions, which shall not be disturbed by said foreclosure or conveyance. WITNESS the hand and seal of the undersigned, this /J -7Y day of August 2003. Signed, sealed and delivered in the presence of: Unofficial+ W NotaryPublid My Commission Notary Pudic Fulton county c, O -;a ' �r Cw rtd561ott Fxpkes on November 20, 2405 (Notarial Seal) ATLANTIC A BANK BY: N Vee Bundy TITLE: %.'` e ��✓ %L -� (Corporate Seal) ®®®tttl4�reUr®i http://search.gsccca.org/lm aging/HTM L5V ewer.aspx?id=21228406&keyl =37034&key2=132&county=60&countyname= FU LTON &userid=567527&appid=4 171 2/16/2018 GSCCCA.orq - Image Index Deed Book 37134 Pg 140 N I C0k19ENT AND .AGREEMENT FLAG BANK, the holder of a Deed to Secure Debt and Security Agreement (the Deed to Secure Debt) encumbering property described in said Deed to Secure Debt, dated August 27, 2001, filed for record August 29, 2001 at 12.10 p.m., recorded in Deed Book 30916, Page 257, Fulton County, Georgia Records, in the original principle amount of $1,150,000.00, hereby consents and agrees to the provisions hereof, and agrees that in the event of foreclosure of the above Deed to Secure 'Debt, or conveyance in lieu thereof, title shall be conveyed subject to the within and foregoing covenants, easements, conditions and restrictions, which shall not be disturbed by said foreclosure or conveyance. WITNESS the hand and seal of the undersigned, this day of August 2003. Signed, sealed and delivered in the presence of. 0 t nofficial Witness Nota Public My Commission Expires: (Notarial Seal)�`����`��'��,�. ^�Tt .�`�� `r`t•yylSSlO,y� MAY 3 2008 FLAG BANK C , _g 4Abraham MIPOAP7— C'b0&rA&4.Cr1V1J (Corporate Seal) httpa/search.gsccca.org/Imaging/HTM L5Vi ewer.aspx?id=21228406&keyl =37034&key2=132&county=60&countyname= FU LTON &userid=567527&appid=4 111 2/16/2018 GSCCCA.orq - Image Index Deed book 370,34 Pq 141 CONSENT AND AGREEMENT RIVERSIDE BANK, the holder of a Deed to Secure Debt and Security Agreement (the Deed to Secure Debt) encumbering property described in said Deed to Secure Debt, dated July 7, 2000, filed for record July 11, 2000 at 12:43 p.m., recorded in Deed Book. 29252, Page 50, Fulton County, Georgia Records, in the original principle amount of $799,500.0o, hereby consents and agrees to the provisions hereof, and agrees that in the event of foreclosure of the above Deed to Secure Debt, or conveyance in lieu thereof, title shall, be conveyed subject to the within and foregoing covenants, easements, Conditions and restrictions, which shall not be disturbed by said foreclosure or conveyance. WITNESS the hand and seal of the undersigned, this day of August 2003. Signed, sealed and RIVERSI E BANK delivered in the presence of: BY: r ). NAME: Smith TITLE: !%7' 1 Witnes "�Uno (Corporate Seal)`. Pu 1 C CL My commission Expires: ?Not:sial Seal) http://search.gsccca.org/lm agi ng/H TM L5Vi ewer.aspx?i d=21228406&key 1=37034&key2=132&county=60&countynam e= FU LTO N &useri d=567527&appi d=4 1 /1 2/16/2018 GSCCCA.orq - Image Index Deed Book 37034 Pg 142 M i M II I I CONSENT AND AGREEMENT RBC f/k/a Tucker Federal savings and Loan Association, the holder of a Deed to Secure Debt and Security Agreement (the Deed to Secure Debt) encumbering property described in said Deed to Secure Debt, dated September 6, 2001, filed for record September 12, 2001 at 11:22 a.m., recorded in Deed Book 30971, Page 630, Fulton County, Georgia Records, in the original principle amount of $5,080,847.00, hereby consents and agrees to the provisions hereof, and agrees that in the event of foreclosure of the above Deed to Secure Debt, or conveyance in lieu thereof, title shall be conveyed subject to the within and foregoing covenants, easements, conditions and restrictions, which shall not be disturbed by said foreclosure or conveyance. WITNESS the hand and seal of the undersigned, this 16�-4 day of August 2003. Signed, sealed and, delivered in the presence of: Unofficial Witness o a:'.;y.,; u- bl is 1'1 , M � 1443,ion Expires: (Corporate Seal) http://search.gsccca.org/Im agi ng/HTM L5Viewer.aspx?id=21228406&keyl =37034&key2=132&county=60&countyname=FULTON &user! d=567527&appi d=4 1/1 2/16/2018 GSCCCA.orq - Image Index Deed Book 37 034 Pg 143 11110110100 INNIONN 00111 CONSENT AND AGREEMENT RBC f/k/a Tucker Federal Savings and Loan Association, the holder of a Deed to Secure Debt and Security Agreement (the Deed to Secure Debt) encumbering property described in said Deed to Secure Debt, dated August 31, 2001, filed for record September 7, 2001 at 7:01 a.m., recorded in Deed Book 30953, Page 41, Fulton. County, Georgia Records, in: the original principle amount of $2,023,657.00, hereby consents and agrees to the provisions hereof, and agrees that in the event of foreclosure of the above Deed to Secure Debt, or conveyance in lieu thereof, title shall be conveyed subject to the within and foregoing covenants, easements, conditions and restrictions, which shall not be disturbed by said foreclosure or conveyance. WITNESS the hand and seal of the undersigned:, this / day of August 2003. Signed, sealed and RBC f/k/a TUCKER FEDERAL SAVINGS delivered in the AND LOAN ASSOCIATION presence of: BY• NAI E: TITLE : C"A a nofficial Witnese ��% (Corporate Seal) N ary P is My Commission Expires; C-.fNog ial Seal) � r http://search.gsccca.org/Im agi ng/HTM L5Viewer.aspx?id=21228406&key1=37034&key2=132&county=60&countynam e=F U LTON &userid=567527&appi d=4 1/1 2/16/2018 GSCCCA.orq - Image Index Died Book 37034'g FIRST CAPITAL BANK, the holder of a Deed to Secure Debt and Security Agreement (the Deed to Secure Debt) encumbering property described in said Deed to Secure Debt, dated January 1.8, 2002, filed for record January 22, 2002 at 12:38 p.m., recorded in Deed Book 2186, Page 223, Forsyth County, Georgia Records, in the original principle amount of $6,500,000.00, hereby consents and agrees to the provisions hereof, and agrees that in the event of foreclosure of the above Deed to Secure Debt, or conveyance in lieu thereof, title shall be conveyed subject to the within and foregoing covenants, easements, conditions and restrictions, which shall not be disturbed by said foreclosure or conveyance. WITNESS the hand and seal of the undersigned, this �Z � day of August 2003. Signed, sealed and delivered in the presence of: .W e'r/ Unofficial Witness Notary Public my Commission Expires: (Notarial Seal) BY: Com' N Henr Vick. TITLE: EVP (Corporate Seal) http://search.gsccca.org/Imaging/HTM L5Vi ewer.aspx?id=21228406&key1=37034&key2 132&county=60&countyname= FU LTON &userid=567527&appid=4 1/1 2/16/2018 GSCCCA.orq- Image Index Tract 1 All that tract or parcel of land lying and being in Land Lot 396 of the 2nd District, 2nd Section, Fulton County Georgia, and being more particularly described as follows: Commencing at an IPF; THENCE North 36 Degrees 13 Minutes 26 seconds West a distance of 127.32 to a Point, which is the Point of Beginning; THENCE North 41 Degrees 51 Minutes of Seconds East a distance of 27.46 to a Point; THENCE North 26 Degrees 37 Minutes 22 Seconds East a distance of 72.97 to a Point; THENCE North 69 Degrees 27 Minutes 53 Seconds East a distance of 65.36 to a point; THENCE North 01 Degrees 44 Minutes 47 Seconds West a distance of 78.61 to a Point; THENCE South 75 Degrees 22 Minutes 33 seconds East a distance of 41>_90 to a Point; THENCE south 04 Degrees 51 Minutes 02 Seconds East a distance of 80.79 to a Point; THENCE South 44 Degrees o7 Minutes 02 Seconds East a distance of 42.72 to a Point; THENCE south 57 Degrees 29 Minutes 31 Seconds East a distance of 49.79 to a Point; THENCE South 38 Degrees o5 Minutes 30 Seconds East a distance of 60.02 to a Point; THENCE North 88 Degrees 09 Minutes 38 Seconds West along the Northern Line of A 100 foot Power Line Easement a distance of 266.10 to a Point, which is the Point of Beginning; containing 0.507 acres or 22105.33 square feet more or less. Together with and subject to covenants, easements, and restrictions of record. Said property is described as Tract 1 shown on a plat for Brooks Land, Inc./Falling Water, Inc., prepared by Hussey, Gay, Bell, & DeYoung, Inc., dated 07/24/2003. Said plat is incorporated herein by specific reference for a more complete and accurate description. 41 hftp://search.gsccca.org/im agi ng/HTM L5U ewer.aspx?i d=21228406&keyl =37034&key2= 132&county=60&countyname= FULTON &userid=567527&appid=4 1/1 2/16/2018 GSCCCA.org - Image Index Tract 2 emly,17-1 All that tract or parcel of land lying and being in Land Lot 467 of the 2nd District, 2nd Section, Fulton County Georgia, and being more particularly described as follows: Beginning at an IPF; THENCE South 14 Degrees 53 Minutes 44 Seconds West a distance of 192.13 to a Point; THENCE South 33 Degrees 27 Minutes 25 Seconds West a distance of 82.33 to a Point; THENCE South 30 Degrees 29 Minutes 10 Seconds West a distance of 64.79 to a Point; THENCE North 69 Degrees 47 Minutes 25 Seconds West a distance of 77.82 to a Point; THENCE South 54 Degrees 19 Minutes 50 Seconds West a distance of 35.17 to a Point, which is on the Northern Right-of-way Line of Hamby Road; Thence along a curve on the Northern Right -of -Way of Hamby Road Having a radius of 2245.70 feet and a chord bearing of North 62 degrees 06 minutes 36 seconds West and a Chord Length of 87.31 feet and a ARC Length of 87.32 feet; THENCE North 62 Degrees 05 Minutes 21 Seconds West a distance of 35.09 to a Point; THENCE leaving said Right -of -Way North 55 Degrees 20 Minutes 43 Seconds East a distance of 147.64 to a Point; THENCE South 69 Degrees 47 Minutes 26 Seconds East a distance of 43.70 to a Point; THENCE North 34 Degrees 41 Minutes 01 Seconds East a distance of 75.42 to a Point; THENCE North 07 Degrees 44 Minutes 24 Seconds East a distance of 37.50 to a Point; THENCE North 58 Degrees 16 Minutes 24 Seconds East a distance of 149.31 to an IPF, which is the Point of Beginning containing 0.920 acres or 40059.96 square feet more or less. Together with and subject to covenants, easements, and restrictions of record. Said property is described as Tract 2 shown on a plat for Brooks Land, Inc./Falling Water, Inc., prepared by Hussey, Gay, Bell, & DeYoung, Inc., dated 07/24/2003. Said plat is incorporated herein by specific reference for a more complete and accurate description. hftp://search.gsccca.org/imagi ng/HTM L5Viewer.aspx?id=21228406&keyl =37034&key2= 1 32&county=60&countyname= FU LTON &userid=567527&appid=4 1/1 2/16/2018 GSCCCA.orq - Image Index Tract 3 All that tract or parcel of land lying and being in Land Lot 466 of the 2nd District, 2nd Section, Fulton County Georgia, and being more particularly described as follows; Commencing at an IPF; THENCE South 01 Degrees 30 Minutes 06 Seconds West a distance of 39.75 to a Point, which is the point of beginning; THENCE South 47 Degrees 28 Minutes 15 Seconds East a distance of 142.81 to a Point; THENCE South 60 Degrees 15 Minutes 18 Seconds East a distance of 229,43 to a Point; THENCE South 83 Degrees 09 Minutes 14 Seconds East a distance of 137.61 to a Point; THENCE North 84 Degrees 33 Minutes 02 Seconds East a distance of 70_00 to a Point; THENCE South 76 Degrees 55 Minutes 53 Seconds East a distance of 122.78 to a Point; THENCE south 00 Degrees 42 Minutes 00 Seconds West a distance of 191.34 to a Point; THENCE South 86 Degrees 25 Minutes 36 Seconds West a distance of 51.83 to a Point; THENCE South 00 Degrees 42 Minutes 00 Seconds West a distance of 270.00 to a Point; THENCE North 89 Degrees 18 Minutes 00 Seconds West a distance of 66.12 to a Point; THENCE South 06 Degrees 53 Minutes 14 Seconds West a distance of 121.41 to a Point; THENCE South 14 Degrees 38 Minutes 41 Seconds East a distance of 119.92 to a Point; THENCE South 03 Degrees 33 Minutes 58 Seconds West a distance of 165.73 to a Point; THENCE South 14 Degrees 37 Minutes 41 Seconds West a distance of 102.08 to a Point; THENCE North 89 Degrees 33 Minutes 17 Seconds West a distance of 335.40 to a Point; THENCE North 10 Degrees 05 Minutes 55 Seconds East a distance of 159.48 to a Point; THENCE North 05 Degrees 16 Minutes 05 Seconds West a distance of 295.82 to a Point; THENCE North 15 Degrees 45 Minutes 37 seconds East a distance of 204.02 to a Point; THENCE North 42 Degrees 3°0 Minutes 50 Seconds West a distance of 43.98 to a Point; THENCE North 76 Degrees 51 Minutes 33 Seconds West a distance of 175.07 to a Point; THENCE North 01 Degrees 30 Minutes 06 Seconds East a distance of 489.51 to a Point, which is the point of beginning; containing 10.674 acres or 464978,22 square feet more or less. Together with and subject to covenants, easements, and restrictions of record. 1 IV M 0 hfp://search.gsccca.org/I m agi ng/H TM L5Viewer.aspx?i d=21228406&key 1=37034&key2=132&county=60&countynam e= F U LTON &useri d=567527&appi d=4 1!1 2/16/2018 GSCCCA.orq - Image Index Deed Book 37034 Pg 148 i NI Ulu milli 11111 Said property is described as Tract 3 shown on a plat for Brooks Land, Inc./Falling Water, Inc., prepared by Hussey, Gay, Sell, & DeYoung, Inc., dated 07/24/2003. Said plat is incorporated herein by specific reference for amore complete and accurate description. j 1� http://search.gsccca.org/im aging/HTM L5Viewer.aspx?id=:21228406&key1=37034&key2=132&county=60&countyname=FU LTON &useri d=567527&appid=4 1 /1 2/16/2018 GSCCCA.orq- Image Index t�OlT ,"A Tract 4 All that tract or parcel of land lying and being ,in Land Lot 397 of the 2nd District, Forsyth County, Georgia, and being more particularly described as follows: Commencing at an IPF at the Land Lot Corner of Land Lots 397, 398, 467, and 468; THENCE North 84 Degrees 52 Minutes 36 Seconds West a distance of 101.3'6 to a Point, which is the point of beginning; THENCE North 83 Degrees 46 Minutes 14 Seconds West along the Northern Edge of a 100 foot Power Easement a distance of 229.19 to a Point; THENCE North 32 Degrees 13 Minutes 29 Seconds East a distance of 56.83 to a Point; THENCE South 81 Degrees 56 Minutes 16 Seconds East a distance of 53.00 to a Point; THENCE North 35 Degrees 50 Minutes 38 Seconds East a distance of 80.72 to a Point; THENCE North 43 Degrees 35 Minutes 57 Seconds East a distance of 80.78 to a Point; THENCE North 49 Degrees 55 Minutes 06 Seconds East a distance of 178.13 to a Point; THENCE South 01 Degrees 14 Minutes 00 Seconds East along a line dividing Land Lots 397 and 398 a distance of 184.69' to a point; THENCE South 76 Degrees 57 Minutes 15 Seconds West a distance of 52.69 to a Point; THENCE North 79 Degrees 42 Minutes 43 Seconds West a distance of 47.45 to a Point; THENCE South 39 Degrees 05 Minutes 10 Seconds west a distance of 82.18 to a Point; THENCE South 81 Degrees 56 Minutes 16 Seconds East a distance of 78.44 to a Point; THENCE South 32 Degrees 13 Minutes 29 Seconds West a distance of 48.80 to a Point, which is the point of beginning; containing 0.873 acres or 38012,19 square feet more or less. Together with and subject to covenants, easements, and restrictions of record. Said property is described as Tract 4 shown on a plat for Brooks Land, Inc./Falling water, Inc., prepared by Hussey, Gay, Bell, & DeYoung, Inc., dated 07/24/2003. said plat is incorporated herein by specific reference for a more complete and accurate description. ro JB R http://search.gsccca.org/Im agi ng/H TM L5Vi ewer.aspx?i d=21228406&keyl =37034&key2=132&county=60&countynam e= F U LTO N &useri d=567527&appi d=4 1/1 2/16/2018 GSCGCA.orq - Image Index CJX4? I j 'A Tract 5 All that tract or parcel of land 'lying and being in Land Lot 320 of the 2nd District, 2nd Section, Fulton County Georgia, and being more particularly described as follows! Beginning at an IPF; THENCE South 89 Degrees 34 Minutes 55 Seconds East a distance of 303.26 to a Point; THENCE south 36 Degrees 23 Minutes 26 Seconds East a distance of 54.50 to a Point; THENCE South 07 Degrees 40 Minutes 45 Seconds West a distance of 56.45 to a Point; THENCE South 38 Degrees 46 Minutes 31 Seconds West a distance of 177.48 to a Point; THENCE South 28 Degrees o5 Minutes 31 seconds West a distance of 196.77 to a Point; THENCE South 17 Degrees 33 Minutes 39 Seconds West a distance of 66.27 to a Point; THENCE North 56 Degrees 51 Minutes 23 Seconds East a distance of 68.27 to a Point; THENCE North 68 Degrees 12 Minutes 45 Seconds East a distance of 46.09 to a Point; THENCE North 87 Degrees 00 Minutes 31 Seconds East a distance of 10.25 to a Point; THENCE South 32 Degrees 19 Minutes 40 Seconds East a distance of 99.17 to a Point; THENCE south 37 Degrees 05 Minutes 31 Seconds West a distance of 48.13 to a Point; THENCE South 16 Degrees 24 Minutes 02 Seconds West a distance of 50.53 to a Point; THENCE South 30 Degrees 38 Minutes 11 Seconds West a distance of 54.13 to a Point; THENCE South 41 Degrees 46 Minutes 50 Seconds West a distance of 39.05 to a Point; THENCE North 46 Degrees 02 Minutes 27 Seconds West a distance of 221.32 to a Point; THENCE South 05 Degrees 16 Minutes 36 Seconds East a distance of 217.09 to a Point; THENCE South 53 Degrees 48 Minutes 35 Seconds West a. distance of 61.52 to a Point; 16 Seconds East along a line dividing Land THENCE North 01 Degrees 20 Minutes Lots 319 and 320; Dint of beginning; a distance of 768.17 town IPF, which is the p containing 3.531 acres or 153821.63 square feet more or less. Together with and subject to covenants, easements, and restrictions of record. Tract 5 shown on a p1 Said property is described as BeBell, &t for DeXoung, ooks LanInc•, dated Inc./Falling Water, Inc., prepared by Hussey, Gay+ific reference for a more 07/24/2003. Said plat is incorporated herein by spec complete and accurate description. http://search.gsccca.org/imagi ng/HTM L5Viewer.aspx?id=21228406&keyl =37034&key2=132&county=60&countynam e= FU LTON &useri d=567527&appid=4 1/1 2/16/2018 GSCCCA.orq - Image Index r Tract 8 All that tract or parcel of land lying and being in Land Lot 325 and 396 of the 2nd District, 2nd Section, Fulton County Georgia, and being more particularly described as follows: Beginning at an IFF, which is the common corner for Land Lots 325, 326, 395 and 396 THENCE North 79 Degrees oa Minutes 21 Seconds East a distance of 212.89 to a Point; THENCE South 05 Degrees 26 Minutes 37 Seconds East a distance of 34.41 to a Point; THENCE South 08 Degrees 11 Minutes 20 Seconds West a distance of 20.69 to a Point; THENCE North 81 Degrees 48 Minutes 40 Seconds West a distance of 25.00 to a Point; THENCE South 08 Degrees it Minutes 20 Seconds West a distance of 70.78 to a Point; THENCE South 03 Degrees 47 Minutes 20 Seconds East a distance of 120.46 to a Point; THENCE South 08 Degrees 11 Minutes 20 Seconds West a distance of 69.47 to a Point; THENCE South 05 Degrees 58 Minutes l0 Seconds East a distance of 69.74 to a Point; THENCE South 19 Degrees 52 Minutes 56 Seconds West a distance of 46.08 to a Point; THENCE North 70 Degrees 07 Minutes 04 Seconds West a distance of 52.00 to a Point; THENCE South 18 Degrees 46 Minutes 56 Seconds West a distance of 86.92 to a Point; THENCE North 70 Degrees 07 Minutes 04 Seconds West a distance of 99.68 to a Paint; THENCE along dividing line between Land Lots 395 and 396 North 00 Degrees 44 Minutes 38 Seconds East a distance of 493.74 to an IPF, which is the point of beginning; containing 1.998 acres or 87039,72 square feet more or less. Together with and subject to covenants, easements, and restrictions of record. Said property is described as Tract 8 shown on a plat for Brooks Land, Inc./Falling Water, Inc., prepared by Hussey, Gay, Bell, 'a DeYoung, inc_, dated 07/24/2003. Said plat is incorporated herein by specific reference for a more complete and accurate description.. �t= m A http://search.gsccca.org/imagi ng/HTM L5Vi ewer.aspx?i d=21228406&keyl =37034&key2=132&county=60&countyname= FU LTON &userid=567527&appid=4 1/1 2/16/2018 GSCCCA.orq - Image Index c ffr eti Tract 14 All that tract or parcel of land lying and being in Land Lots 182 & 251 of the 2nd District 2nd Section, Fulton County, Georgia, and being more particularly described as follows: Commencing at a IPF; THENCE North 89 Degrees 28 Minutes 47 Seconds West a distance of 19.91 to a Point, which is the point of beginning; THENCE along surveyed centerline of Chicken Creek South 02 Degrees 13 Minutes 21 Seconds West a distance of 57.69 to a Point; THENCE South 26 Degrees 14 Minutes 27 Seconds West a distance of 56.40 to a Point; THENCE South 70 Degrees 11 Minutes 10 Seconds West a distance of 52.25 to a Point; THENCE South 34 Degrees 19 Minutes 59 Seconds West a distance of 95.68 to a Point; THENCE South 13 Degrees 12 Minutes 42 Seconds West a distance of 39.36 to a Point; k S uth 65Degrees 11 Minutes 59 Seconds East THENCE Leaving Centerline of Cree o a distance of 80.33 to a Point; THENCE South 35 Degrees 14 Minutes 24 Seconds West a distance of 66.82 to a Point; THENCE South 60 Degrees 11 Minutes 06 Seconds West a distance of 58.00 to a Point; THENCE South 25 Degrees 02 Minutes 06 seconds West a distance of 89.16 to a Point; THENCE south 68 Degrees 06 Minutes 48 Seconds West a distance of 102.06 to a Point; THENCE South 44 Degrees 27 Minutes 13 Seconds West a distance of 88.42 to a Point; THENCE South 64 Degrees 18 Minutes 31 Seconds West a distance of 103.33 to a Point; THENCE South 48 Degrees 5o Minutes 15 Seconds West a distance of 193.61 to a Point; THENCE South 86 Degrees 03 Minutes 21 Seconds West a distance of 102.81 to a Point; THENCE South 56 Degrees 1.4 Minutes 30 Seconds West a distance of 49.79 to a Point; THENCE South 35 Degrees 58 Minutes 44 Seconds West a distance of 126.80 to a Point; THENCE North 87 Degrees 44 Minutes 50 Seconds West a distance of 178.48 to a Point; THENCE North 43 Degrees 48 Minutes 42 Seconds East a distance of 112.64 to a Point; THENCE North 36 Degrees 01 Minutes 24 Seconds East a distance of 138.12 to a Point; THENCE North 56 Degrees 14 Minutes 30 Seconds East a distance of 108.91 to a Point; THENCE North 86 Degrees 03 Minutes 29 Seconds East a distance of 93.44 to a Point; THENCE North 48 Degrees 50 Minutes 15 Seconds East a distance of 166.89 to a Point; THENCE North 64 Degrees 18 Minutes 31 Seconds East a distance of 96.12 to a Point; THENCE North 44 Degrees 27 Minutes 13 Seconds East a distance of 93.00 to a Point; THENCE North 67 Degrees 22 Minutes 10 Seconds East http://search.gsccca.org/Im agi ng/HTM L5Vi ewer.aspx?i d=21228406&keyl =37034&key2=132&county=60&countyname= FU LTON &userid=567527&appid=4 1!1 2/16/2018 GSCCCA.orq - Image Index a distance of 77.03 to a Point; THENCE North 25 Degrees 45 Minutes 57 Seconds East a distance of 78.41 to a Point; THENCE North 40 Degrees .22 Minutes 57 Seconds East a distance of 232.10 to a Paint; THENCE North 27 Degrees 05 Minutes 52 Seconds East a distance of 128.00 to a Point; THENCE North 01 Degrees 40 Minutes 31 Seconds East a distance of 162.22 to a Point; THENCE North 02 Degrees 38 Minutes 14 Seconds East a distance of 30.93 to a Point; THENCE North 22 Degrees 16 Minutes 22 Seconds West a distance of 64.93 to a Point; THENCE North 05 Degrees 26 Minutes 40 Seconds West a distance of 73.33 to a Point; THENCE North 03 Degrees 02 Minutes 16 Seconds East a distance of 62.56 to a Point; THENCE North 02 Degrees 05 Minutes 53 Seconds West a distance of 27.73 to a Point; THENCE North 49 Degrees 33 Minutes 33 Seconds West a distance of 49.91 to a Point; THENCE North 05 Degrees 10 Minutes 08 Seconds West a distance of 78.28 to a Point; THENCE North 27 Degrees 45 Minutes 08 Seconds West a distance of 202.58 to a Point; THENCE North 02 Degrees 23 Minutes 00 Seconds East a distance of 65.51 to a Point; THENCE North 16 Degrees 38 Minutes 09 Seconds West a distance of 30.18 to a Point; THENCE North 50 Degrees 10 Minutes 33 Seconds West a distance of 77.63 to a Point; THENCE North 04 Degrees 23 Minutes 14 Seconds East a distance of 99.86 to a Point; THENCE North 16 Degrees 07 Minutes .52 Seconds West a distance of 10.13 to a Point; THENCE North 47 Degrees 38 Minutes 04 Seconds West a distance of 60.06 to a Point; THENCE North 19 Degrees 39 Minutes 13 Seconds East a distance of 71.77 to a Point; THENCE North 59 Degrees 11 Minutes 50 Seconds West a distance of 43.16 to a Point; THENCE North 36 Degrees 14 Minutes 25 Seconds West a distance of 106.90 to a Point; THENCE North 00 Degrees 31 Minutes 29 Seconds West a distance of 34.55 to a Point; THENCE North 87 Degrees 26 Minutes 47 Seconds East a distance of 60.94 to a Point; THENCE along surveyed centerline of Chicken Creek South 06 Degrees 55 Minutes 55 Seconds West a distance of 43.39 to a Point; THENCE South 65 Degrees 13 Minutes 10 Seconds East a distance of 28.46 to a Point; THENCE North 47 Degrees 33 Minutes 07 Seconds East a distance of 26.94 to a Point; THENCE South 63 Degrees 24 Minutes 12 Seconds East a distance of 18.58 to a Point; THENCE South 08 Degrees 34 Minutes 19 Seconds East Deed Bonk 37034 Pg 153 11INSIONIMNINNININ11011mill http://search.gsccca.org/Im agi ng/H TM L5V ewer.aspx?i d=21228406&keyl=37034&key2=132&county=60&countynam e= F U LTON &useri d=567527&appi d=4 111 2/16/2018 GSCCCA.orq - Image Index Deed Book 37034 Pg 154 { a distance of 25.08 to a Point; THENCE South 09 Degrees 39 Minutes 15 Seconds West a distance of 28.02 to a Point; THENCE South 65 Degrees 50 Minutes 13 Seconds East a distance of 38.25 to a Point; THENCE South 15 Degrees 35 Minutes 21 Seconds West a distance of 37.75 to a 'Paint; THENCE South 41 Degrees 28 Minutes 28 Seconds West a distance of 41.34 to a Point; THENCE South 17 Degrees 57 Minutes 04 Seconds West a distance of 23.31 to a Point; THENCE South 65 Degrees 09 Minutes 44 Seconds East a distance of 38.11 to a Point;: THENCE South 22 Degrees 31 Minutes 06 Seconds East a distance of 39.96 to a Point; THENCE South 20 Degrees 47 Minutes 20 Seconds West a distance of 30.75 to a Point; THENCE South 04 Degrees 37 Minutes 56 Seconds East a distance of 54.46 to a Point; THENCE South 52 Degrees 32 Minutes 26 Seconds East a distance of 57.29 to a Point; THENCE South 25 Degrees 33 Minutes 28 Seconds East a distanceof 42.43 to a Point; THENCE South O1 Degrees 39 Minutes 53 Seconds East a distance of 42.90 to a Point; THENCE South 08 Degrees 24 Minutes 41 Seconds West a distance of 27.64 to a Point; THENCE South 28 Degrees 29 Minutes 35 Seconds East a distance of 45.04 to a Point; THENCE South 34 Degrees 29 Minutes 04 Seconds East a distance of 40.06 to a Point; THENCE South 21 Degrees 05 Minutes 23 Seconds East a distance of 69.15 to a Point; THENCE South 23 Degrees 47 Minutes 11 Seconds East a distance of 51.69 to a Point; THENCE South 10 Degrees 36 Minutes 49 Seconds East a distance of 72.25 to a Point; THENCE south 49 Degrees 33 Minutes 33 Seconds East a distance of 51.61 to a Point; THENCE South 02 Degrees 05 Minutes 53 Seconds East a distance of 53:89 to a Point; THENCE South 03 Degrees 02 Minutes 16 seconds West a distance of 60.98 to a Point; THENCE South 05 Degrees 26 Minutes 40 Seconds East a distance of 61.33 to a Point; THENCE South 22 Degrees 16 Minutes 22 Seconds East a distance of 69.17 to a Point; THENCE South 03 Degrees 14 Minutes 37 Seconds West a distance of 53.07 to a Point; THENCE South 15 Degrees 27 Minutes 87 Seconds West a distance of 63.65 to a Point; THENCE South 12 Degrees 57 Minutes 19 seconds East a distance of 54.32 to a Point; THENCE south Ol Degrees 43 Minutes 18 Seconds East a distance of 41.30 to a Point; THENCE South 15 Degrees 05 Minutes 07 Seconds est a distance of 19.14 to a Point, which is the point of beginning; -FAAcc' !y"$ http://search.gsccca.org/lm agi nglHTML5Viewer.aspx?id=21228406&keyl =37034&key2= l32&county=60&countynam e= FU LTON &useri d=567527&appi d=4 1!1 2/16/2018 GSCCCA.orq- Image Index Deed Boak 37034 Pg 155 iNONNI U11 containing 5.218 acres or 227302.04 square feet more or less.. Together with and subject to covenants, easements, and restrictions of record. Said property is described as Tract 14 shown on a plat for Brooks Land, Inc./Falling Water, Inc., prepared by Hussey, Gay, Bell, & DeYoung, Inc., dated 07/24/2003. Said plat is incorporated herein by specific reference for a more complete and accurate description. http://search.gsccca.arg/Imagi ng/HTM L5Viewer.aspx?id=21228406&keyl=37034&key2=132&county=60&countyname=FU LTON &useri d=567527&appid=4 111 2/16/2018 GSCCCA.org_ Image Index Tract 15 All that tract or parcel of land lying and being in Land Lots 250, 251 and 254 of the 2nd District, 2nd Section, Fulton County Georgia, and being more particularly described as follows: at an IPF which is the common corner for Land Lots 250, 251, 254 and Commencing 255; THENCE North 18 Degrees 49 Minutes o7 Seconds West a distance of 227.14 to a Point, which is the point of beginning; THENCE North 10 Degrees 03 Minutes 17 Seconds West a distance of 108.47 to a Point;. THENCE South 86 Degrees 09 Minutes 14 Seconds East a distance of 157.19 to a Point; THENCE South 30 Degrees 58 Minutes 14 Seconds East a distance of 151.72 to a Point; THENCE South '73 Degrees 30 Minutes 31 Seconds East a distance of 39,21 to a Point; THENCE south 26 Degrees 56 Minutes 08 seconds East a distance of 32.19 to a Point; THENCE South 51 Degrees 49 Minutes 32 Seconds East a distance of 39.63 to a Point; THENCE South 42 Degrees 35 Minutes 15 Seconds East a distance of 23.47 to a Point; THENCE South 65 Degrees 20 Minutes 28 Seconds East a distance of 55.01 to a Point; THENCE South 42 Degrees 02 Minutes 31 Seconds East a distance of 91.80 to a Point; THENCE South 25 Degrees 17 Minutes 52 Seconds West a distance of 33,23 to a Point; THENCE North 87 Degrees 26 Minutes 40 Seconds West a distance of 34.18 to a Point; THENCE North 42 Degrees 02 Minutes 31 Seconds West a distance of 69.27 to a Point; THENCE North 65 Degrees 20 Minutes 28 Seconds West a distance of 24.30 to a Point; THENCE South 75 Degrees 51 Minutes 44 Seconds West a distance of 16.00 to a Point; THENCE North 45 Degrees 47 Minutes 21 Seconds West a distance of 54.54 to a Point; THENCE North 62 Degrees 32 Minutes 42 Seconds West a distance of 18.40 to a Point; THENCE North 26 Degree 56 Minutes 08 Seconds West a distance of 47.58 to a Point; THENCE North 73 Degrees 30 Minutes 31 Seconds West a distance of 36.78 to a Point; THENCE North 31 Degrees 31 Minutes 31 Seconds West a distance of 71.20 to a Point; THENCE North 57 Degrees 33 Minutes 41 Seconds West a distance of 25.54 to a Point; THENCE North 19 Degrees 55 Minutes 54 Seconds West a distance of 47.90 to a Point; THENCE North 84 Degrees 37 Minutes 15 'Seconds West a distance of 17.26 to a Point; A http://search.gsccca.orglimagi ng/HTM L5Viewer.aspx?id=.21228406&keyl =37034&key2=132&county=60&countyname=FU LTON &userid=567527&appid=4 1{1 2/16/2018 GSCCCA.orq - Image Index 157 Deed Book 370;34 Pg 110, U12113 1 6 THENCE South 12 Degrees 14 Minutes 12 Seconds West a distance of 55.40 to a Point; THENCE North 85 Degrees 52 Minutes 56 Seconds West a distance of 78.52 to a Point, which is the point of beginning; containing 0.829 acres or 36090.08 square feet more or less. Together with and subject to covenants, easements, and restrictions of record. said property is described as Tract 15 shown on a plat for Brooks Land, Inc./Falling Water, Inc., prepared by Hussey, Gay, Bell, & DeYoung, Inc., dated 07/24/2003. Said plat is incorporated herein by specific reference for a more complete and accurate description. http://search.gsccca.orgll m agi ng/H TM L5Viewer.aspx?i d=21228406&keyl =37034&key2 132&county=60&countynam e= F U LTO N &useri d=567527&appi d=4 111 2/16/2018 GSCCCA.orq- Imaqe Index Tract 17 All that tract or parcel of land lying and being in Land Lot 254 of the 2nd District, 2nd Section, Fulton County Georgia, and being more particularly described as follows: Commencing at an IPF; THENCE North 71 Degrees 47 Minutes 30 Seconds East a distance of 235.44 to a Point, which is the point of beginning, THENCE South 82 Degrees 12 Minutes 23 Seconds East a distance of 31.78 to a Point; THENCE South 02 Degrees 16 Minutes 52 Seconds West a distance of 45.62 to a Point; THENCE South 08 Degrees 53 Minutes 06 Seconds East a distance of 99.97 to a Point; THENCE South 00 Degrees 38 Minutes 48 Seconds East a distance of 154.28 to a Point; THENCE South 46 Degrees 21 Minutes 25 Seconds West a distance of 17.81 to a Point; THENCE South 00 Degrees 37 Minutes 14 Seconds West a distance of 83.02 to a Paint; THENCE South 25 Degrees 27 Minutes 50 Seconds West a distance of 192.29 to a Point; THENCE South 13 Degrees 10 Minutes 43 Seconds West a distance of 75.61 to a Point; THENCE South 39 Degrees 41 Minutes 05 Seconds East a distance of 37.95 to a Point; THENCE South 23 Degrees 44 Minutes 35 Seconds East a distance of 158.12 to a Point; THENCE South 09 Degrees 04 Minutes 44 Seconds West a distance of 65.60 to a Point; THENCE South 57 Degrees 37 Minutes 31 Seconds West a distance of 43.95 to a Point; THENCE South 33 Degrees 27 Minutes 42 Seconds West a distance of 25.60 to a Point; THENCE South 15 Degrees 06 Minutes 02 Seconds West a distance of 46.38 to a Point; THENCE South 30 Degrees 42 Minutes 51 Seconds West a distance of 72.31 to a Point; THENCE North 86 Degrees 32 Minutes 09 Seconds West a distance of 160.34 to a Point; THENCE along the surveyed centerline of Chicken Creek North 04 Degrees 41 Minutes 50 Seconds West a distance of 16.13 to a Point; THENCE North 42 Degrees 14 Minutes 12 Seconds East a distance of 87.81 to a Point; THENCE North 01 Degrees 02 Minutes 21 Seconds East a distance of 43.01 to a Point; THENCE North 05 Degrees 34 Minutes 43 Seconds West a distance of 35.20 to a Point; THENCE North 01 Degrees 27 Minutes 03 Seconds West a distance of 47.31 to a Point; THENCE North 12 Degrees 44 Minutes 13 Seconds West a distance of 34.72 to a Point; THENCE North 11 Degrees 31 Minutes 36 Seconds East a distance of 42.62 to a Point; THENCE North 06 Degrees 28 Minutes 48 Seconds West 11 http://search.gsccca.org/lm agi nglHTML5Viewer.aspx?id=21228406&keyl=37034&key2=132&county=60&countynam e= FU LTON &userid=567527&appid=4 111 2/16/2018 GSCCCA.orq - Image Index Deed Book 3-70 3 4 Pg 15- y , live, a distance of 38.16 to a Point; THENCE North 46 Degrees 32 Minutes 21 Seconds East a distance of 29.83 to a Point; THENCE North 07 Degrees 02 Minutes 40 Seconds East a distance of 97.57 to a Point; THENCE North 09 Degrees 08 Minutes 02 Seconds East a distance of 36.92 to a Point; THENCE North 47 Degrees 09 Minutes 58 seconds East a distance of 16.40 to a Point; THENCE North 04 Degrees o8 Minutes 38 Seconds East a distance of 45.63 to a Point; THENCE North 19 Degrees 57 Minutes 28 Seconds East a distance of 44.56 to a Point; THENCE North 09 Degrees 29 Minutes 29 Seconds East a distance of 52.42 to a Point; THENCE North 21 Degrees 08 Minutes 10 Seconds East a distance of 103.85 to a Point; THENCE North 06 Degrees 32 Minutes 50 Seconds East a distance of 27.26 to a Point; THENCE North 50 Degrees 04 Minutes 42 Seconds East a distance of 21.89 to a Point; THENCE North 13 Degrees 06 Minutes 44 Seconds West a distance of 57.70 to a Point; THENCE North 17 Degrees 36 Minutes 25 Seconds East a distance of 124.23 to a Point; THENCE North 25 Degrees 15 Minutes 31 Seconds East a distance of 58.60 to a Point; THENCE North 20 Degrees 26 Minutes 47 Seconds East a distance of 39.20 to a Point, which is the point of beginning; containing 3.202 acres or 139475.21 square feet more or less. Together with and subject to covenants, easements, and restrictions of record. Said property is described as Tract 17 shown on a plat for Brooks Land, Inc./Falling Water, Inc., prepared by Hussey, Gay, Bell, & DeYoung,, Inc., dated 07/24/2003. said plat is incorporated herein by specific reference for a more complete and accurate description. http://search.gsccca.org/Imaging/HTM L5Viewer.aspx?id=21228406&keyl=37034&key2=132&county=60&countyname=FU LTON &userid=567527&appid=4 1/1 2/16/2018 GSC-CCA.orq - Image Index DEPARTMENT OF THE ARMY PERMIT PERMITTEE. Falling Water, Inc. Attention: Mr. J.D. Brooks 6251 Smithpointe Drive, Bldg. A Norcross, Georgia 30092 PERMIT NUMBER: 200112420 ISSUING OFFICE: Savannah District, US Army Corps of Engineers Post office Box 889 Savannah, Georgia 31402-0889 NOTE: The term "you" and its derivatives used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate District or Division office of the US Army Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. PROJECT DESCRIPTION: Falling Waters, Inc. will construct an upscale golf/country club and residential community on approximately a 750 -acre property near the City of Alpharetta in north Fulton County and western Forsyth County, Georgia. The project, The Manor, will include 450 houses/lots, an 18 -hole Tom Watson designed golf course with clubhouse, private wastewater treatment facility, and an existing Soil Conservation Service flood control impoundment on Chicken Creek. For Phase 11, The Manor will impact 0.49 acres of wetland and 2886 feet of streams. Falling Water, Inc. will provide compensatory mitigation on-site to preserve, enhance, and restore streams and riparian corridors and wetlands and associated upland buffer areas. The mitigation includes 7463 linear feet of waterway and associated buffers, 1.21 acres of wetland preservation, and 0.6 acre of wetland enhancement, protected in pmvctaity- Phase I of this project includes the first 9 holes of an 18 -hole golf course with the clubhouse and a wastewater treatment facility, and was authorized under a Nationwide Permit 14, Department of the Army application number 200110670, in June 2001 with impacts to 296 linear feet of perennial stream, 40 linear feet of intermittent streams, and to fill 0.02 acre of wetlands for 3 roadway crossings and 3 cart/trail crossings. These roadway and cart/trail crossings are over headwater tributaries to Chicken Creek and over Chicken Creek. Falling Water, Inc. will provide compensatory mitigation with the purchase of 0.14 wetland mitigation credits and 1329 stream mitigation credits from the Etowah River Mitigation Preserve Bank for this phase. hftp://search.gsccca.org/lmaging/HTML5Viewer.aspx?id=21228406&keyl=37034&key2= l32&county=60&countyname=FULTON&userid=567527&appid=4 1/1 2/16/2018 GSCCCA.orq - Image Index Deed Book 37034 Gg 161 PROJECT LOCATION: The site is located adjacent to Hopewell Road and Hamby Road, at latitude 340 11' T' north and longitude 84016' 23" west, near the City of Alpharetta in north Fulton County and western Forsyth County, Georgia. The northern border of the property is the Cherokee County line. Chicken Creek runs through this property. PERMIT CONDITIONS: 1. The time limit for completing the work authorized by this Individual Permit ends on June 30, 2008. If you find that you need more time to complete the authorized activity, you must submit a request for your permit extension at least one month prior to the above date. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with. General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. if you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. if you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.. 5. If conditioned Water Quality Certification has been issued for your project, you must comply with conditions specified in the certification as Special Conditions to this permit. For. your convenience, a copy of the certification, dated January 25, 2003, is enclosed if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 1. A copy of this permit, including the approved drawings and plans; special conditions; the State Water Quality Certificate, dated January 9, 2003; State's Request for Variance under Provisions of O.C.G.A. 12-7-6(15), The Manor, Fulton County, dated January 23, 2003; the 2 http://search.gsccca.arg/im agi ng/HTM L5Viewer.aspx?id=21228406&key1=37034&key2=132&county=60&countyname=FU LTON &userid=567527&appid=4 1/1 2/16/2018 GSCCCA.orq - Image Index Deed Book 37034 Pg 162 Memorandum of Agreement for the "Treatment of Historic Properties Designated Historic Resources 2, 12, and 13 for The Manor, Fulton County, Georgia; USAGE Permit No. 200112420;" and any amendments shall be maintained at the work site whenever work is being performed. The permittee shall assure that all contractors, subcontractors, and other personnel performing the permitted work are fully aware of the'permit's terms and conditions. 2. The permittee will notify the Regulatory Branch, Northern Section Office, in writing, ten days in advance of their intent to commence workon The Manor Phase E. The permittee will also notify this office when the project is completed. 3. The permittee shall install and maintain erosion and siltation control measures prior to, during, and upon completion of the construction activity at all sites. These include, but are not limited to, utilization of straw mulching, hay bates, temporary seeding, permanent vegetation, diking techniques, silt screens, stream bank armoring, and any other erosion control and sediment trapping techniques. 4. All work conducted under this permit shall be located, outlined, designed, constructed, and operated in accordance with the requirements as contained in the Georgia Erosion and Sedimentation Control Act of 1975, as amended. Utilization of plans and specifications as contained in the "Manual for Erosion and Sediment Control, Latest Edition," published by the Georgia Soil and Water Conservation Commission or their equivalent will aid in achieving compliance with the aforementioned minimal requirements. 5. The permittee shall obtain and comply with all appropriate federal, state, and local authorizations required for this type of activity, to include the Fulton County, Forsyth County, and City of Alpharetta Erosion and Sediment Control Ordinances. 6. The permittee shall insure that this project complies with all applicable rules, requirements, and/or regulations of the Federal Emergency Management Agency with regard to construction of roads and utility crossings in designated flood plains. 7. The permittee shall comply with the enclosed State's Request for Variance under Provisions of O.C.G.A. 12-7-6(15), The Manor, Fulton County, dated January 23, 2003. 8. The permittee shall comply with the enclosed Fulton County Soil and Water District letter for Proposed Modifications to Little River Watershed Structure #27, by James P. Garrigus, Falling Waters Investment, dated July 23, 2002. 9. All dredged or borrowed material used as fill on this project will be from clean, uncontaminated sources and free from cultural resources. 10. The permittee shall execute the conditions as stated in the enclosed signed Memorandum of Agreement Among Falling Water, Inc., the USACE, and Georgia State Historic Preservation Office Concerning the Treatment of Historic Properties to be Affected by The http://search.gsccca.org/im agi ng/HTM L5Viewer.aspx?id=21228406&keyl =37034&key2=132&county=60&countyname=FU LTON &userid=567527&appid=4 1 /1 2/16/2018 GSCCCA.org- Image Index Deed Book 370-34 Pg I G3 1UNIJIVINIANININININIM1111 Manor, ]Fulton County, Georgia for the preservation and protection of historic properties designated Historic Resources 2, 12, and 13 during and after development of this project. 11. The permittee's revised plans, dated July 8, 2001, are not likely to adversely affect the federally threatened Cherokee darter (Etheostoma scoth). The USACE does not authorize you, the permittee, to take an endangered species, in particular the Cherokee darter (Etheostoma scotti). In order to legally flake a listed species, you must have separate authorization under the Endangered Species Act (ESA)(c.g., an ESA Section 10 permit or a Biological Opinion (BO) under ESA Section 7, with "incidental take" provisions with which you must comply) from the US Fish and Wildlife Service. 12. The permittee shall minimize bank erosion and sedimentation in construction areas by utilizing Best Management Practices for stream corridors, installing and maintaining significant erosion and sediment control measures, and providing daily reviews of construction and stream protection methods. 13. Borrow site or sites for stockpiling fill dirt will be prohibited within 200 feet of streambanks or elsewhere runoff from the site would increase stream sedimentation. Normal grading activities such as cutting and filling within 200 feet of streams are authorized. 14. Construction debris, liquid concrete, old riprap, old support materials, or other litter will not he placed in streams or in areas where migration into streams could reasonably be expected. 15. Prior to commencement of work, all property identified as compensatory mitigation will be perpetually protected with a restrictive covenant by the owner of the property. A Declaration of Covenants and Restrictions forwarded to the US Army Corps of Engineers, Savannah District, Office of Counsel, Attention.: Ms. R.ebecca.Rowden, '100 W. Oglethorpe .Avenue, Savannah, Georgia 31401-3640, for written ns with the required exhibits will be prepared by an attorney and prior approval to recording in the Office of the Clerk of the Superior Court in the county in which the land lies. All restrictive covenants will be drafted utilizing the latest version of the USACE, Savannah District's, model document entitled, "Declaration of Covenants and Restrictions with instructions," located on the Savannah District web site at % by NnV , - „-,ryrp amryrnil under Permitting Info. Two Copies of the final recorded restrictive covenants will be provided to the USACE, Savannah District, Office of Counsel. 16. The permittee shall comply with the enclosed Mitigation Pian as submitted in their letter, Response to Joint Public Notice Comments, Attachment A, dated July 8, 2002, and provide proof of purchase of 1329 stream credits for The Manor, Phase I (Department of the Army Permit No. 200110670), from the Etowah River Mitigation Preserve Bank by November 16, 2003. 17. The permittee shall commence work on the mitigation areas prior to the first wetland and/or stream impacts associated with The Marcor Phase 11. 4 http://search.gsccca.orglim agi nglHTM L5Viewer.aspx?i d=21228406&keyl=37034&key2=132&county=60&countyname=FU LTON &userid=567527&appid=4 1/1 2/16/2018 GSCCCA.orq - Image Index Deed Hoofs 37034 Gg 5.64 18. The permittee shall complete all compensatory mitigation within one year from commencement of work for The Manor Phase IL 19. The permittee shall monitor the mitigation areas and provide annual reports to USACE for five years from completion of all work on the compensatory mitigation areas. Success criteria will be as stated in the Mitigation Plan in the Response to Joint Public Notice Comments, Attachment A, leiter, dated July 8, 2002. 20. All work shall be performed in accordance with the following enclosed documents, plans, and drawings that are incorporated in and made a part of this permit: a. GADNR EPD Section 401 Water Quality Certification, dated January 25, 2003. b. GADNR Provisions of O.C.G.A.12-7-6(15) for Stream Buffer Variance, dated January 23, 2003. c. Fulton County Soil and Water District letter for Proposed Modifications to Little Diver Watershed Structure #27, by James P. Garrigus, Falling Waters investment, dated July 23, 2002. d. Memorandum of Agreement for the "Treatment of Historic Properties Designated Historic Resources 2, 12, and 13 for The Manor, Fulton County, Georgia; USACE Permit No. 200112420," signed by USACE, Georgia HPO, and Falling Water, Inc. e. Mitigation Plan from the permittee's letter, Response to Joint Public Notice Comments, Attachment A, dated July 8, 2002. f. Plans and Drawings: (1) Location Map. (2) Key Map of The Manor, dated March 1, 2001. (3) Figures l through 12 of Existing and Proposed Site Conditions, dated June 3, 2002. (4) Mitigation Plan Key Map, dated June 4, 2002. (5) Mitigation Plan, Figures 1 to 7, dated June 4, 2002. (6) Infiltration Galleries Golf Course drawing. (7) Detail of Mini Forebay at Subdivision Outlet drawing. (8) Detail of Shade Structure drawing. (9) Detail of Shade Structure at Cart Bridge drawing. (10) Detail of Forebay at Wet "Detention drawing. FURTHER INFORMATION: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). http://search.gsccca.org/Imagi ng/HTM L5Vi ewer.aspx?i d=21228406&key1=37034&key2=132&county=60&countyname= FU LTON &userid=567527&appid=4 1J1 2/16/2018 _ _ _ GSCCCA.orq - Image Index Deed Book 37034 PC 165 11NINNAMINVANIONWININIMMINN 2. Limits of this Authorization. a. This permit does not obviate the need to obtain other federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed federal proj ects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this pertnit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. S. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 0 http //search.gsccca.org/I magi ng/H TM L5Vi ewer.aspx?i d=:21228406&keyl =37034&key2'=132&county= 60&countynam e= F U LTON &useri d=567527&appi d=4 1!1 2/16/2018 GSCCCA.orq -Image Index Deed Book 37034 P9 166 it 11111INION1101111111 0 0 MI IN 111110 325.7, or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order that requires you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. d. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the US Army Corps of Engineers will normally give favorable consideration to a request for an extension of time limit. Your 5il5a`t4e bAow,As perAfi9pe, indicates that you accept and agree to comply with the terms is �V 4n tl�:! — �— D 4A)' .D. rook 6 1 Falling Wrier, Inc. This permit becomes effective when the federal official, designated to act for the Secretary of the Army, has signed below. Issued for and in )Ahalf of: Roger A. Gerber Colonel, US Army District Engineer (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) http://search.gsccca.orgllmaginglHTML5Viewer.aspx?id=21228406&keyl=37034&key2=l32&county=60&countyname=FULTON&userid=567527&appid=4 1/1 2/16/2018 GSCCCA.orq - Image Index AOO J, The Manor, June 2002 Individual Permit Application Fulton and Forsyth Counties, GA Page 7 of 7 degree in the past through prior land use activities and through sedimentation from other sources. The impacts also would generally be limited to road crossings, while some Impacts are required for lot fills and golf play. The largest waterway impacts would be associated with the construction of the main Manor entrance, as illustrated on Figure 10 of the permit drawings. The aquatic resource impacts are summarized in the enclosed table and the enclosed SOP tables. gation As stated above, the current Manor plan would result In 0.49 acres of wetland impacts and 2,886 linear feet of stream impacts. After applying appropdate existing condition and impact multi-Ap'sm it was determined that a total of 2.9 wetland credits and 10,006 stream credits would be required. rI - Wetland •, Several areas of wetlands exist throughout the Manor property. These wetland areas a - FW proposes to protect in perpetuity two wetland preservation areas totaling 1.21 acres. These areas are illustrated on Figures 1 and 3 of the mitigation drawings. The 0.7 -acre preservation area located in the northwestern portion of the property would be bordered on the east by 51% residential property. The 0.51 -acre preservation area, as shown on Figure 1 of the mitigation drawings, would be bordered on the north primarily by golf, and is crossed by Georgia Power utility line(s) to the south. No plantings or maintenance activities would be required in these preservation areas. W -4 • Enhancemeqt FW proposes to • a low, earthen •_ • • Hamby Road to enhance and • approximately 0.6 acres of wetland. This area was recently part of an active pasture area and is mostly cleared of woody vegetation. Some time in the past, a shallow swale was cut by others IN W at the toe -of -slope, probably to facilitate drainage and improve pasture conditions. Remnant Rmnm & Assp=Ts. INc. hftp://search.gsccca.org/imaging/HTML5Viewer.aspx?id=21228406&keyl=37034&key2=132&county=60&countyname=FULTON&user!d=567527&appid=4 2216/2018 GSCCCA.ora - Image Index Deed Book 37034 P9 I G8 (1 I I 11111111111 The Manor ,.lune 2002 Individual Permit Application Fulton and Forsyth Counties, GA Page 8 of 8 All • rT-7-0011118 I • • • • • •• • •ensure that ' • • • • proposed with this during the growing season. enhancement1restoration bufferenhancement/restoration effort due in part to the small of residences.• the standard be oreserved with their associated buffers with •. a • • • • • • • ► • it • shown on the enclosed mitigation drawings, ffil—SbuffeTWLd- would be protected via restrictive i feet. In addition to the 5,727 linearpropertiescovenant, FW will place deed restrictions along 6 residential a • Chicken Creek Manorin the far northern portion of the property. This restriction minimum 50 -foot •- • buffer along Chicken Creek. As a result of the stream and riparian preservation efforts, a total of 7,463 linear feet (1.4 miles) of • associated fruitingIn order to restore the riparian area, FW will Install a total Of L shrubs typical to riparian riparian restoration area, totaling 3.3 ac res, will not be compared or monitored against a riparian plantings '. • reference site due in part to its small size. The wever, will contain a mix Of native bottomiand species indigenous to this area. http://search.gsccca.org/lm agi ng/HTM L5Viewer.aspx?id=21228406&key1=37034&key2=132&county=60&countyname=FU LTON &user! d=567527&appi d=4 1/1 2/16/2018 GSCCCA.orq - Imaqe Index Deed Book 37034 Pg 169 The Manor, June 2002 11NINNINIONNINININNINUN118 Individual Permit Application Fulton and Forsyth Counties, GA Page 9 of 9 On this same site, located south of Hamby Road, FW will replace a 'washed-out" and probably undersized culvert to reduce the channel scar and possible sedimentation that is occurring in this area, located approximately 500 feet upstream from darter waters. This culvert replacement Will include the removal of a small plug of fill that prevents overbank flooding and high flows entering into a secondary old stream channel located along the western toe of slope. It should be noted that a small gravel road access is present within this tract located south of Hamby Road. This gravel road crosses through a small portion of the riparian area slated for riparian restoration and riparian preservation. This road would remain in tact, and possibly be used as pedestrian and/or occasional vehicle access to other portions of the 18 -acre tract that are not part of the compensatory mitigation area. In summary of the proposed activities at the site located south of Hamby Road, a culvert will be removed and replaced and the associated stream banks will be tapered and planted with willows and other native shrubs for stabilization; flows in the high-flow channel will be restored, and over 3.3 acres of riparian area will be restored and enhanced With the installation of native vegetation. 6tream Restoration street Road ang loll �Inc. will Be involvea to ensure applUPKIC31.0 r W to maximize habitat enhancement. The construction of these structures would commen during a low waterldry condition concurrent with commencement of the first jurisdictional ar impacts when construction actives occur in the northern project area. 5 _CFS each of these 5 structures is expected to resulti effects to a minimum of 20 feet upstream and downstream, totaling 200 feet. I Planting Ame will be usea a native to ecies 01M."OlAwl 1•HONOR' MON-M-11,11 11#5411 wu* 'S Nyssa sylvatice var. variety OT blueoerries, JaCCIT17111711 SPIJ., amomum; and other native trees and shrubs. WitfiAation Monitorin Suoess,� �nt Some of the compensatory mitigation includes preservation of riparian and wetland areas located along golf course and residential areas. These areas would be spot-checked hftp://search.gsccca.orglimaginglHTML5Viewer.aspx?id=21998406&keyl=37034&key2=132&county=60&countyname=FULTON&userid=567527&appid=4 1/1 2/16/2018 GSCCCA.orq - Imaqe Index Deed Book 37034 Pg 170 The Manor, June 2002 Individual Permit Application Fulton and Forsyth Counties, GA Page 10 of 10 periodically throughout the five-year monitoring period to ensure the areas remain intact and free from construction encroachment. In the event that the preservation areas are inadvertently crossed into by contractors associated with the Manor, FW would notify the ACOE as soon as these unauthorized encroachments are observed, and FW would ensure that the area(s) are stabilized and replanted with native vegetation as soon as possible. owl 0 so] I 'At T-1 I I achieve the 60% • survival, The stream restoration sites (Chicken Creek and south of Hamby Road) would also be monitored to ensure that habitat is improved and stabilization is achieved. This monitoring will include photographic documentation and sketches that can be used as a comparison from year to year. In the event that habitat is not Improved at each of the five sites, FW will improve the J Hook and/or root wad structures to ensure stabilization and streambed habitat improvement. Protected Spechn An in -office review was performed to ascertain the U.S. Fish and Wildlife Service list of federally protected species that may occur in Fulton and Forsyth Counties. This was accomplished to determine the possibility of federally protected species occurring on this site. Federally listed endangered animal and plant species that were documented as occurring in Fulton and Forsyth Counties include: bald eagle (Halibeetus leucocephalus), red -cockaded woodpecker (Picoides borealis), and gulf moccasinshell mussel (Medionidus penicillatus); along with the plant monkey faced orchid (Plantanthere integrilabla). Species of management concern In both counties are bluestripe shiner (Cyprineffa callitaenia), Bachman's sparrow (Aimophila aestivalis), and Appalachian Bewick's wren (Thyromanes bewIckY altos), 49M hftp://search.gsccca.arg/imaging/HTML5Viewer.aspx?id=21228406&keyl=37034&key2=132&county=60&countyname=FULTON&userid=567527&appid=4 2/1612018 GSCCCA.orq - Imaqe Index Deed Book :370:34 Pg 171 a The Manor, June 2002 J u a n i t Hit. cksClerk of Superior Court Individual Permit Application Fulton County, Georgia Fulton and Forsyth Counties, GA 1 n III I NONNI III Page 11 of 11 qualified fisheries specialists to conduct detailed aquatic surveys throughout the Manor property. The aquatic surveys resulted in the finding of protected species in two locations within the Manor property, and no protected species in the permit area. In order to avoid impacts to the protected species that are downstream and outside of the permit area, FW proposes to construct the wet stormwater management areas described above. As stated above, these areas would include vegetated wetland forebays to assist in filteiring capacities. Further, these wet stormwater management areas would be a secondary line of defense against sediments that may escape from the uphill grading activities. These wet stormwater management cells were presented to USFWS and others in the above referenced agency meetings, and USFWS provided positive response. Hence, no direct or secondary impacts to federally protected species are expected to occur as a result of this project, and no formal Section 7 consultation would be required since no protected species were found in the permit area. Historic Properties The entire Manor project area was reviewed to determine the potential presence of hist properties and/or archaeological resources. Through this intensive files and field investigatio no archaeological resources were found, but historic structures were identified in the proje area and adjacent to the project area. A complete detailed investigation report, conducted Brockington and Associates, Inc. was submitted with the original application, and we understa that the ACOE and SHPO are currently in coordination efforts. I Water Quality Statemonts The following statements are requested in the application form; the applicant has committed following the statements made below: 1. All activities will be performed in a manner to minimize turbidity in the stream. 2. There will be no oils or other pollutants released from the proposed activities which will rea the stream. 3. All work will be performed during construction in a manner to prevent interference with a legitimate water uses. I hftp://search.gsccca.org/imaging/HTML5Viewer.aspx?id=21'298406&keyl=37034&key2=132&county=60&countyname=FULTON&userid=567527&appid=4 111 t }� `-co COPROOIIf o 1DW nit RPGnl5 RESERVED OWING5 MAY NOT BE REPRODUCED IN ANY FORM WITROVr WAIITCN 'pERV155gN CHEROKEE COUNTY -0 NITON COUNTY ' r �..� l."l: ��1`-,yarn, _ t ,-if •',� . D m 03 CTI r` H �• S �^4`� fir,' } r� ` m Lo \ VI •) �r o j 0 m fes" 0 N m -300 1 .' m V m Ii y 01 1 1 Fri C -i - I ^ 1 n D CJ (D Sv . a C) asc --- ---��--- — --- ------ _ , o " �laly/Fl Dl.ay 1 29s � ♦J d Filea ana R+c+rata F+b-le-eae� a:tsn 2004—H064136 ✓.p, � Jvan lta Hickc Clerk o/ Sapertor Caurt m Fvtlan County. &orgia $ IA/Ist61M11t/t111��tItA181A1 Re-recorded to the correct book type. a s BROOKS LAND, INCJFALLING WATER, INC THE MANOR HUSSEY, GAY, BELL & DEYOUNG ' sg zUCACE PERMIT NO 200112420 ENGINEERS & SURVEYORS m FULTON & FORSVTH COUNTIES GEORGIA Go:r 9vFlee, SGo tree30501 - Tel.(770) 535-'133 M1i1GAT10N KEY MAP°i :; :.+. fi;�?` FOX (770) 535-1134 III repo >µ•w ,go ! «eee—sena 91i le esa 17vta Forsyth County and Fulton County Intergovernmental Provision Water, Reuse "� e, e Manor e �, COME NOW FORSYTH COUNTY, GEORGIA, a political subdivision of the State of Georgia acting by and through its Board of Commissioners ("FORSYTH COUNTY") and FULTON COUNTY, GEORGIA, a political subdivision of the State of Georgia acting by and through its Board of Corninissioners ("FULTON COUNTY"), with FORSYTH COUNTY and FULTON COUNTY being collectively referred to as the "Parties," and hereby enter into this Intergovernmental Agreement for the Provision of Water, Reuse Water, and Sewer Services To The Manor Golf and Country Club (the "Agreement"), effective as of this 6"' day of December, 2006; (the "Effective Date") to govern the Parties' responsibilities and obligations in providing water, reuse water, and sewer services to the Manor Golf and Country Club located partially in FORSY71714 COUNTY and partially in FULTON COUNTY. WITNESSETH: WHEREAS, a residential development known as the Manor Golf and Country Club (as described in Exhibit "A," a copy of which is attached hereto and incorporated herein by re&rence) is located partially in FORSYTH COUNTY and partially in FULTON COUNTY; WHEREAS, FORSYTH COUNTY, upon acquisition of The Manor Water Reuse Facility located at 3294 Watson Bend, Alpharetta, Georgia 30004, will provide sewer and reuse water services, including all pertinent billing, pursuant to that certain Sewer Services and Reuse Water Agreement between FORSYTH COUNTY on the one hand, and Brooks Land, Inc., The Manor Golf and Country Club, LLC and The Manor Community Association, Inc. on the other hand (the "SSRW Agreement"), to the entire Manor Golf and Country Club; WHEREAS, FULTON COUNTY will provide water services, including all pertinent billing, to the entire portion of the Manor Golf and Country Club located in FULTON COUNTY and FORSYTH COUNT'; WHEREAS, this Agreement is necessary to set forth the terns and provisions pursuant to which FORSYTH COUNTY will provide such sewer and reuse water service to the Manor Golf and Country Club, including but not limited to FORSYTH COUNTY'S ability to bill customers whose property in the Manor Golf and Country Club is located in FULTON COUNTY, and FORSYTH COUNTY'S ability to pursue and secure payment from such customers; WHEREAS, the Manor Water Reuse Facility is designed to treat 500,000 gallons per - day of sewerage and whereas the Manor Golf and Country Club has retained 210,000 gallons per day of treatment capacity of whicb a portion is located in Fulton County. The Manor Water Reuse Facility will retain the remaining balance of 290,000 gallons per day of treatment capacity (the Excess Capacity) which capacity will not be made available to residents of Fulton County beyond the previously committed Marcor Golf and Country Club, WHEREAS, this Agreement is necessary to set forth the terms and provisions pursuant to which FULTON COUNTY will provide such water service to the Manor Golf and Country Club, including but not hinited to FULTON COUNTY'S ability to bill customers whose property in the Manor Golf and Country Club is located in FORSYTH COUNTY, and FULTON COUNTY'S ability to pursue and secure payment from' such customers; NOW THERE in consideration of the mutual promises of the Parties and the mutual benefits flowing fiorn each Party to the other, and other good and valuable consideration exchanged, the receipt and sufficiency of which are hereby acknowledged, the Pal -ties agree as follows: r� Section I.0. Services to be Provided. (a) FORSYTH COUNTY agrees to provide sewer service and reuse water service, all Sewff .service and reuse water service related billing, collection, and remittance service (collectively referred to as the "Sewer and Reuse Water Services") to all of the property located within the Manor Golf and Country Club, whether such property is located in FORSYTH COUNTY or FULTON COUNTY. Specifically, FORSYTH COUNTY will provide the following: (i) Furnish all Sewer and Reuse Water Services to the Manor Golf and Country Club, make all necessary repairs to the Sewer and Reuse Water Services facilities servicing the Manor Golf and Country Club, and keep all records incidental to the Sewer and Reuse Water Services in accordance with all applicable Forsyth County standards regarding same; (ii) Issue bills, either by paper or electronically, to each customer, for the payment of Sewer and Reuse Water Service tees in accordance with applicable laws and regulations of FORSYTH COUNTY, as may be amended, with such bills to be calculated in accordance with Article IV of this Agreement; (iii) Collect sewer and reuse water service Sees from customers in the Manor Golf and Country Club in accordance with the terns of Article V of this Agreement; (iv) Keep accurate records and accounts for each customer in the Manor Golf 3 and Country Club for all Sewer and Reuse Water Services provided to such customers by FORSYTH COUNTY pursuant to this Agreement; and (v) Provide each customer, upon request, with full and complete reporting of such account information maintained by FORSYTH COUNTY regarding the delivery of ,Sewer and Reuse Water Services pursuant to this Agreement. (vi) Will not provide any sewer treatment capacity to any customer(s) requesting such capacity located in Fulton County beyond those customers in The Manor Golf and Country Club. (b) FULTON COUNTY agrees to provide water service, all water related billing, collection, and remittance service (collectively referred to as the "Water Services") to all of the property located within the Manor Golf and. Country Club, whether and to the extent that such property is located in FORSYTH COUNTY or FULTON COUNTY. Specifically, FULT'ON COUNTY will provide the following: (i) Furnish all Water Services, make all necessary repairs to water meters, water trains and related appurtenances; read all water meters; and keep all records incidental to the Water Services in accordance with all applicable Fulton County standards regarding same, including, but not Ifinited to, Fulton County fire flow standards; (ii) Issue bills, either by paper or electronically, to each customer, for the payment of Water Service fees in accordance with applicable haws and regulations of FULTON COUNTY, as may be amended, with such bilis to be calculated based upon the volume of water registered by FULTON 4 COUNTY'S water meter(s) servicing each customer in the Manor Golf and Country Club, in accordance with the terms of Article III of this Agreement; (iii) Collect Water Service fees from customers in the Manor Golf and Country Club in accordance with the terms of Article VI of this Agreement; (iv) Veep accurate records and accounts for each customer in the Manor Golf and Country Club for all Water Services provided to such customers by FULTON COUNTY pursuant to this Agreement; (v) Maintain, test, repair, and/or replace defective water meters on a basis consistent with those policies generally employed by FULTON COUNTY for the delivery of Water Services; and (vi) Provide each customer, upon request, with fall and complete reporting of such account information maintained by FULTON COUNTY regarding the delivery of Water Services pursuant to this Agreement, Section 1.1 Scope of Services. The Parties agree that this Agreement will apply to and govern FORSYTH COUNTY'S provision of Sewer and Reuse Water Services (both subject to the SSRW Agreement), and PULTON COUNTY'S provision of Water Services, to property and property owners in the Manor Golf and Country Club existing on the effective date of this Agreement, and this Agreement shall also govern the provision of Sewer and Reuse Water Services (both subject to the terns of the SSRW Agreement) and Water Services to any and all subsequent property owners in the Manor Golf and Country Club who acquire property in the Manor Golf and Country Club after the effective date of this Agreement by virtue of new development in the 5 Manor Golf and Country Club, the transfer of ownership of real property located in the Manor Golf and Country Club, changes in leasehold tenants with possessory interests in property located in the Manor Golf and Country Club, and/or any other development activity that results in any person or property within the Manor Golf and Country Club requesting services under this Agreement. - WN Section 2.0 Meters. All water delivered by FULTON COUNTY to customers in the Manor Golf and Country Club will be inetered, and the volume of water registered by the meter shall provide the basis for calculating the applicable charges due to FULTON COUNTY for the provision of Water Services to each customer, Section 2.1 Meter Standar s. At the time of installation, metering equipment provided by FULTON COUNTY for measuring the quantity of water delivered shall be consistent and in accordance with the standards for Such equipment in FULTON COUNTY. FULTON COUNTY will be responsible for the maintenance and repair of all County owned Water Meters, and associated appurtenances, serving customers in the Manor Golf and Country Club. 10 Section 2.2 Meter Inaccuracies. If any water meter fails to register or appears to have registered inaccurately for any billing period, the amount of water delivered during such billing period will be estimated in accordance with FULTON COUNTY'S then -current policies and procedures, Section 2.3 Meter Readines. Meters serving customers in the Manor Golf and Country Club will be read by FULTON COUNTY personnel at a frequency consistent with FULTON COUNTY'S policies and procedures governing the reading of water meters generally by FULTON COUNTY. A representative of FORSYTH COUNTY may be present during any meter readings upon prior notification to FULTON COUNTY, Section 3.0 Water Rates. r The Parties agree that FULTON COUNTY has exclusive jurisdiction with respect to the establishment of water rates for customers to whom it provides Water Services in the Manor Golf and Country Club, including those custorners in The Manor Golf and Country Club whast, property is located in FORSYTI-1 COUNTY, However, in no event shall FULTON COUNTY charge customers in the Manor Golf and Country Club whose property is located in FORSYTH COUNTY a water rate that is higher than the water rate charged to customers in the Manor Golf and Country Club whose property is located in FUL'I'ON COUNTY. 7 ARTICLE IV DE'T'ERM INA TION AND PAYMENT OF APPLICABLE SEWER AND REUSE WATER RATES Section 4.0 Sewer and Reuse Water Rates. The Parties agree that FORSYTH COUNTY has exclusive jurisdiction with respect to the establishment of Sewer and Reuse Water rates billed to customers in the Manor Golf and Country Club, including; those customers in the Manor Golf and Country Club whose property is located in FULTON COUNTY. However, in no event shall FORSYTH COUNTY charge customers in the Manor Golf and. Country Club whose property is located in FULTON COUNTY a Sewer or Reuse Water rate that is higher than the Sewer or Reuse Water rate charged to customers in the Manx Golf and Country Club whose property is located in FORSYTH COUNTY. Section 4.1 Basis for Sewer and Reuse Water Rates. The basis of Sewer and Reuse Water Service fees charged to each customer in the Manor Golf and Country Club shall be determined in accordance with the SSRW Agreement, ARTICLE V BILA SNC CQUERC—rJOpi REMITTANCE FOR SEWER AND REUSE WATER SERVICES Section 5.0 Billing Responsibility. The Parties acknowledge tihat FORSYTH COUNTY shall be solely responsible for the issuance of invoices to customers to whom Sewer and Reuse Water Services are provided in the Manor Golf and Country Club, whether such customers' property is located in FORSYTH COUNTY or in FULTON COUNTY. Additionally, the, Parties further acknowledge that all Payments for such Sewer and Reuse Water Services shall be made solely and exclusively to 8 FORSYTH COUNTY. Section 5.1 authority to Collect. The Parties acknowledge that FULTON COUNTY shall bear no liability for unpaid or past due amounts due to FORSYTH COUNTY for Sewer and Reuse Water Services provided pursuant to this Agreement. However, FORSYTH COUNTY shall have any and all authority provided or allowed for by lave to pursue and collect such payments from customers in the Manor Golf and Country Club by using the same procedures and protocols as employed by FORSYTH COUNTY for the collection of unpaid or past due amounts on accounts from ether customers to whom FORSYTH COUNTY provides Sewer and Reuse Water Services, including; but not limited to notices, water service cut-offs, placement of liens, use of outside debt collection agencies, account balance write-offs, and other applicable collection methods utilized in accordance with industry and FORSYTH COUNTY standards. The Parties agree that the collection efforts for such unpaid or past due accounts, including all legal and equitable remedies, shall be the right and obligation of FORSYTH COUNTY, and FULTON COUNTY agrees not: to interfere with or impede such collection efforts. Section 5.2 Enforcement of Ordinances. FULTON COUN'T'Y further agrees diligently to enforce all applicable FULTON COUNTY ordinances in that portion of the Manor Golf and Country Club located in FULTON COUNTY regarding Sealer and Reuse Water Service (including, but not. limited to, any such ordinances prohibiting unauthorized or illegal discharges into the sewer system). Moreover, FULTON COUNTY agrees diligently to investigate arid, if warranted, take enforcement action regarding; any notice or complaint of a sewer -based violation (e.g., illegal or unauthorized discharge, etc.) tendered by FORSYTH COUNTY personnel to FULTON COUNTY personnel. 9 ARTICLE Vi BILLING, COLLECTION, REMITTANCE FOR WATER SERVICES Section 6.0 Billing Responsibility. The Parties acknowledge that FULTON COUNTY shall be solely responsible for the issuance of invoices to customers to whom. Water Services are provided in the Manor Golf and Country Club, wtether such customers' property is located in FORSYT14 COUNTY or in FULTON COUNTY. Additionally, the Parties further acknowledge that all payments for such Water Services shall be made solely and exclusively to FULTON COUNTY, Section 6.1 Authority to Collect. The Parties acknowledge that FOR.SYTH COUNTY shall bear no liability for unpaid or past due amounts due to FULTON COUNTY for Water Services provided pursuant to this Agreement. However, FULTON COUNTY shall have any and all authority provided or allowed for by law to pursue and collect such payments from customers in the Manor Golf and Country Club by using the same procedures and protocols as employed by FULTON COUNTY for the collection of unpaid or past due amounts on accounts from other customers to whom FULTON CUUNT)r provides Water Services, including but not limited to natives, water service cut-offs, placement of liens, use of outside debt collection agencies, account balance write-offs, and other applicable collection methods utilized in accordance with industry and FULTON COUNTY standards. The Parties agree that the collection efforts for such unpaid. or past due accounts, including all legal and equitable remedies, shall be the right and obligation of FULTON COUNTY, and FORS`S'TH COUNTY agrees not to interfere with or impede such collection efforts. Section 6.2 Enforcement of Ordinances. FORSYTI-4 COUNTY agrees diligently to enforce all applicable FORSYTH COUNTY ordinances in that portion of the Manor Golf and Country Club located in FORSYTH. COUNTY regarding Water Services (including, but not limited to, any such ordinances prohibiting unauthorized use of fire hydrants), Moreover, FORSYTH COUNTY agrees diligently to investigate and, if warranted., take enforcement action regarding any notice or complaint of any water-based violation (e.g., improper hookup, tal-Apering, etc.) tendered by FULTON COUNTY personnel to FORSYTH COUNTY personnel, Section 7.0 Right to Terminate Sewer and Reuse Water Services. With respect to the termination of Sewer and Reuse Water Services to customers located in the Manor Golf and Country Club whose property is located in FULTON COUNTY for non - Payment, FORSYTH COUNTY will follow those same policies and procedures governing tine termination of Sewer and Reuse Water Services to other customers to when FORSYTH COUNTYprovides Sewer and Reuse Water Service, FULTON COUNTY agrees to honor and support any such action by FORSYTH COUNTY. FULTON COUNTY further agrees to provide water service cut-affs in tl7c Manor Goif and Country Club upon FORSYTH C:OUNTY's request in order to facilitate FORSYTH COUNTY'S collection efforts. Section 7.1 Right to Terminate Water Services. With respect to the termination of Water Services to customers located in the Manor Golf and Country Club whose property is located in FORSYTH COUNTY for non-payment, FULTON COUNTY will follow those same policies and procedures governing the termination of Water Services to other customers to whom FULTON COUNTY provides Water Service. FORSYTH COUNTY agrees to honor and support any such action by FULTON COUNTY. FORSYTH COUNTY further agrees to provide reuse water service cutoffs in the Manor Golf and Country Club upon FULTON COUNTY'S request in order to facilitate FULTON COUNTY'S collection efforts, Section 8.0 Fifty -Year T'erin. The Terin of this Agreement shall commence upon the Effective Date and shall continue for a period of fifty (50) years. Prior to the expiration of the term of this Agreement, the Parties hereby agree to use their best efforts to renegotiate this Agreement so as to arrive at terms pursuant to which residents in the Manor Golf and Country Club will be provided Sewer and Reuse Water Services and Water Services. ARTICLE IX Section 9.0 Right to Terminate. This Agreement may be terminated prior to its stated expiration date by either Party on the terms and conditions set north in this Article, but only after adherence to the Alternative Dispute Resolution provisions of Article X, The rights of the Parties to terminate this Agreement shall be exclusively as stated herein and shall be strictly construed in accordance with the provisions of this Article, Section 9.1. Default. (a) Upon the occurrence of an Event of Default, as defined below, by either Party, the other Party shall have the night to terminate this Agreement or pursue a cause of action for actual 1.2 damages,, or both: all as more fully described in this Section 9.1. Upon any such termination, each Party's duties and obligations pursuant to this Agreement shall cease. The following shall constitute Events of Default: (i) FULTON COUNTY'S unexeused interference with FORSYTH COUNTY'S provision of Sewer and Reuse Water Services to residents in the Manor Golf and Country Club; and/or (ii) FORSYTH COUNTY'S unexeused interference with FULTON COUNTY'S provision of Water Services to residents in the Manor Golf' and Country Club; and/or (iii) FULTON COUNTY'S unexeused interference with FORSYTH COUNTY'S issuance or collection of invoices to FULTON COUNTY customers to whonn Sewer and Reuse Water Services are provided in the Manor Golf and Country Club; and/or (iv) FORSYTH COUNTY'S unexcused interference with FULTON COUNTY'S issuance or collection of invoices to FORSYTH COUNTY customers to whorn 'later Services are provided in the Maier Golf and Country Club; and/or (v) FULTON COUNTY'S unreasonable refusal to provide water service cut-offs in the Manor Golf and Country Club upon FORSYTH COUNTY'S request; and/or (b) Upon the happening of any event of Default described in subparagraphs (i), (ii)', (iii), (iv) or (v) above, the non -breaching Party may declare an Event of Default by providing written notice of such event to the breaching Party with such notice to set forth in detail the 13 alleged default. The breaching Party shall have thirty (30) days after receipt of such written notice to cure any such default. In the event that the breaching Party does not cure the default within said thirty -day period, then the non -breaching Party may terminate the Agreement for cause by providing written notice of termination to the breaching Party as specified herein. (c) If either Party determines that there has been a breach of the other Party's duties or obligations, other than an Event of Default, under this Agreement, the non -breaching Party will notify the breaching Party of such breach, If the breach is not cured within forty-five (45) days after such notice, the non -breaching Party may terminate this Agreement by providing written notice of said termination to the breaching Party. (d) In the event that either Party defaults under this Agreement, and/or terminates this Agreement, the Parties hereby agree to use their best efforts to renegotiate this Agreement so as to arrive at terms pursuant to which residentsin the Manor Golf and Country Club will continue to be provided Sewer and Reuse Water Services and Water Services. ARTICLE X SLetion 10.0 Negotiation. The Parties will attempt in good faith to resolve any controversy or claim arising out of, or relating to, this Agreement by prompt negotiations between one or two senior representatives of each Party, which representatives shall have authority to settle the controversy on behalf of their respective Party; subject to any necessary ratification by the governing authority of either or both FORSYTH COUNTY and/or FULTON COUNTY. Section 10.1 Meeting. The Representatives of the Parties shall meet at a inutually-acceptable time and place 14 within twenty (20) days of the date of the disputing Party providing notice of a dispute arising; out of, or relating to, this Agreement, and, after that, as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. Section 10.2 Mediation. In the event any dispute arising under this Agreernent is not resolved by informal negotiations as provided above, the dispute shall be referred to mediation. Section 1.0,3 Choice of Mediator. The Parties are free to select promptly any mutually acceptable mediator. If the Parries cannot agree, or have no particular choice of the mediator, then Henning; Mediation (or, if Henning Mediation is not available, another mutually acceptable, properly licensed inedi.ation entity) will conduct the mediation. For purposes of selecting a mediator in that case, a list of the resumes of available mediators who have an expertise in local government law, numbering one more than there are parties, will be sent to the Parties by Henning Mediation (or such other mediation entity as may be chosen), each of whom may strike one name leaving the remaining name as the mediator. If more than one mediator remains, then the designated mediator shall be selected by Henning Mediation (or such other inediation entity as may be chosen) from the remaining naines. Section 10.4 Mediation Sessions, After the mediator has been selected, the Parties shall promptly agree upon a date and time for the mediation. The Parties understand and agree that, in addition to them.• respective attorneys, a representative from each Party with full settlement authority (subject to ratification by the governing authority of FORSYTH COUNTY and/or F'ULTON COUNTY) will be present at the mediation unless excused by the mediator, In addition, each Party may bring additional 15 representatives as needed to respond to questions, contribute information, and participate in the mediation, The number of additional persons may be agreed upon in advance with the assistance and advice of the mediator. Section 10.5 Discovery. In the event any Panty has substantial meed for information in the possession of another Party to prepare for the mediation, the Parties shall attempt, in good faith, to agree upon procedures for the expeditious exchange of any such information, with the assistance and advice of the mediator, if necessary. Section 10.6 Position Statements. Unless otherwise specified by the mediator or agreed upon by the Parties, no later than seven (7) days before the mediation, each Party may deliver a concise written summary of its position together with any appropriate documents, to the mediator and shall also serve a copy of same on all other 'Parties. Section 1.0.7 Fees & Costs. The fees and costs shall conform: to the then current fee schedule of the mediator so Selecfed b7,, the Parties, axxd, in theal5senee Cif an agracnient to the centrary, Sti: h :('aes and casts shall be borne equally by all Parties. Section 10.8 Confidentiality of Proceedings. The mediation process is to be considered settlement or compromise negotiation for the purpose of all state and federal rules protecting disclosures made during such proceedings from later discovery or use in evidence. The entire mediation process is confidential, and no stenographic or other record shall be made except to memorialize a settlement record, if applicable. All conduct, stateinents, promises, offers, views, and opinions, oral or written, made 16 during the mediation by any Party or a Party's agent, employee, or attorney are confidential and, where appropriate, are to be considered work product and privileged. Such conduct, statements, promises, offers, views, and opinions shall not be subject to discovery or admissible for any purpose, including impeachment, in any litigation or other proceeding involving the Parties. This is provided, however, that evidence otherwise subject to discovery or admissible is not excluded from discovery or admission in evidence simply as a result of its having been used in connection with this settlement process. Section 10.9 Termination of Mediation. The mediation process shall continue until the case is resolved, until the mediator makes a finding that there is no possibility of settlement through mediation, or until either Party announces its decision not to continue further in the mediation process. In the event of termination of mediation, the parties may proceed under Article IX of this Agreement and may pursue any and all.judicial remedies available to them. ARTICLE X1 GENERAL PROVISIONS Sectiol1 .1.1..0 Enforcement; W`iiyer. The failure on the part of any Party to enforce any provision of this Agreement shall not be construed as a waiver of that Party's tights to enforce such provisions in the :future. A waiver of any term of this Agreement on the part of any Party in one case shall not be construed as a. waiver in any other and shall not affect any other term of this Agreement. Section 11.1 Assigaent. This Agreement shall not be assigned by either Party without the prior written consent of the other. 17 Section 11.2 Entire Agreement. This Agreement contains the entire agreement between the Parties hereto and supersedes all pervious or contemporaneous communications, representations, or agreements peilaining to the subjects addressed herein. Section 1.1.3 Notices. All notices given pursuant to the terms of this Agreement shall be in writing and delivered in person or transmitted by certified mail, return receipt requested, postage prepaid, or by utilizing the services of a nationally recognized overnight courier service with signed verification of delivery. Notices shall be deemed given only when actually received at the address first given below with respect to each Party. Notices required to be given to FORSYTH COUNTY pursuant to this Agreement shall be addressed as follows: Chairman Forsyth County Board of Commissioners 110 East Main Street Cumming, Georgia 30040 'With coy)ies to, Director Forsyth County Water & Sewer 1. 1.0 East Main Street Cumming, Georgia 30040 Notices required to be given to FULTON COUNTY pursuant to this AgreeiTient shall be addressed as follows: Chairman Fulton County Board of Commissioners 141 Pryor Street, SW Atlanta, Georgia 30303 18 With copies to: Director Fulton County Department of Public 'Works 141 Pryor Street Atlanta, Georgia 30303 Section 11,4 Choice of Law. This Agreement shall be construed and governed in accordance with the laws of the State of Georgia. Section 1.1.5 No Third Party Rights. This AgreF rnent shall be exclusively for the benefit of the Parties and shall not provide any third -parties with any remedy, claim, liability, reimbursement, cause of action, or other right. Section 11.6 Uncontrollable Circumstances. The performance or non-perfonnance of any term or provision of this Agreement shall be excused if the Party is reasonably precluded from such performance by the occurrence of an uncontrollable circumstance. Such: excuse of performance or non-performance shall be only to the minimum extent reasonably forced on such Party by such event, and that Party shalt continue to perform all other duties and responsibilities hereunder. A Part), relying on the occurrence of an uncontrollable ' cirruiiistance as an excuse for ikon-perforinance of a duty required by this Agreement shall, as soon as is reasonably possible upon becoming aware of such an event and its consequences, notify the other Darty of same and shall take all reasonable efforts to eliminate the cause of such non-performance and to resume full performance in accordance with this Agreement. 19 Section 1.1.7 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original. It shall not be necessary that each signatory sign the same counterpart, provided, however, that each has signed an identical counterpart. Section 11.5 Authority to Enter Agreement. Each of the individuals who execute this Agreement on behalf of the respective Parties agree and represent that they are authorized to do so and further agree and represent that this Agreement has been duly passed upon by the required governmental agency or board in accordance with all applicable laws. The Parties hereto agree that this Agreement is an intergovernmental contract, and is entered into pursuant to Article IX, Article III, Paragraph I of the Constitution of the State of Georgia of 1981 Section 11.9 Amendment of Service Delivery Strategy. Each Party agrees to cooperate fully with the other in amending its Service Delivery Strategy (required pursuant to O.C.G.A. § 36-70-20, et: seq.), to the extent such. annendnient is necessary as a result of this Agreement, Section 11_10 Severability. If one or more of the provisions of this Agreement is held or declared to be illegal or invalid, that illegality or invalidity shall not affect any other provision of this Agreement and this Agreen-ient will be construed and enforced as if the illegal or invalid provision had not been contained in it. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under sea] as of the date first above written. 20 ATTESTED: Sonya B LI—il Clerk to the Commission APPROVED AS TO CONTENT: Director of FORSYTH COUNTY Water and Sewer Department ATTESTED: FORSYTH COUNTY, GEORGIA By: SC h 4ar I e s L� a tu�g&ii 4n4, Chair Board of Commissioners I A L— "- By: 6H, Mark Massey §� H. Eaves n n J0 , Chair Clerk to the Commn 'To � issioj Board of Comm-nissioners APPROVED AS TO CONTENT: DirLctor of Public Works 21 APPROVED AS TO FORM Office 40ti-lie C!o.u. ty Attorney RESULAR MEEM8 Agreement for the Manor EWA This Sewer and Reuse Water Services Agreement for the Manor Water Reuse Facility (the "Agreement") is made and entered into this S`+' day of October, 2006, by and between BROOKS LAND, INC., a Georgia corporation ("BLT"), PILLAR DEVELOPMENT, INC., a Georgia corporation ("Pillar"), THE MANOR COMMUNITY ASSOCIA'T'ION, INC., a Georgia corporation (the "HOA"), THE MANOR GOLF AND COUNTRY CLUB, LLC, a Georgia limited liability company (the "MGCC") (the HOA and the MGCC being sometimes collectively referred to as the "Reuse Water Users"), and FORSYTH COUNTY, GEORGIA, a body politic duly organized and existing under the laws of the State of Georgia ("Forsyth"). WITNESSETH: WHEREAS, BLI, Pillar, Innovative Water Systems _ Manor, LLC ("IWSM"), Innovative Water Systems, LLC ("IWS") and Forsyth have entered into or will enter into that certain Asset Purchase Agreement (the "Asset Purchase Agreement") pursuant to which Forsyth shall purchase that certain wastewater treatment facility known as The Manor Water Reuse Facility located in Forsyth County, Georgia at 3294 Watson Bend, Alpharetta, Georgia 30004 (the "Manor Plant") and its, related existing and future infrastructure (the Manor Plant and the related infrastructure being more particularly described in the Asset Purchase Agreement and such assets being herein referred to as the "Manor System"), said Manor System being located within the boundaries of The Manor and The Manor North residential subdivisions located in Forsyth, Fulton and Cherokee Counties and more particularly described on Exhibit "A" attached hereto (such residential subdivisions being hereinafter collectively referred to as the "Manor Development"); and WHEREAS, Forsyth is the owner and operator of a wastewater treatment facility located in Forsyth County, Georgia near Highway 9 and commonly referred to as the "Fowler Plant," which FoNvler Plant utilizes technology similar to the technology utilized by the Manor Plant; and WHEREAS, the Manor Plant was designed to permit the treated effluent (the "Reuse Water") from the Manor Plant to be utilized by the MGCC on its golf course and the grounds around Its facilities, by the residents of the Manor Development (the "Residents") to irrigate the Residents' lawns and by the HOA to irrigate common areas of the Manor Development (collectively, the "Property"); and WHEREAS, Forsyth may in the future wish to make Reuse Water from the Fowler Plant available to the MGCC, Residents and other customers in the vicinity of the Manor Plant; and Sewer Service and Page l Reuse Water Agreement WHEREAS, Forsyth believes that, in the future, it may be in the best interest of the parties if sewage (also referred to herein from time to time as "influent") and Reuse Water could be pumped from the Manor Plant to the Fowler Plant and vice versa; and WHEREAS, the parties wish to set forth their respective duties and obligations regarding the operation and maintenance of the Manor System; NOW THEREFORE, for and in consideration of the mutual covenants set forth herein and the sum of Ten Dollars ($ 10,00) and other good and valuable consideration, the parties hereto do hereby agree as follows: 1. THE MANOR SYSTEM OVERVIEw. The Manor System has been constructed to have the capacity to accommodate, upon completion of future improvements and procurement of additional permitting authority described herein, Five Hundred Thousand (500,000) gallons per day ("GPD") sewage treatment and Reuse Water flows, The permitted capacity of the Manor System at the time of execution of this Agreement is Two Hundred and Fifty Thousand (250,000) GPD. The capacity of the Manor System being utilized on the date of eyecution of this Agreement is averaging between 16,000 and 24,000 GPD. The Manor Plant was designed to accept influent from the Manor Development and provide Reuse Water to the Manor Development. Specifically, the Manor Plant treats said influent and then pumps the resulting Reuse Water into Manor Reuse Pond 5 ("Pond 5") as shown on Exhibit "A" and, from there, Reuse Water is pumped to the Residents (through Manor System pumps), the HOA, the MGCC (through Golf Course pumps) and other reuse ponds located within the Manor Development, as shown on .Exhibit "A" (alI such ponds being collectively referred to as the "Reuse Storage Ponds"). Additionally, surface water may be pumped, pursuant to terms contained herein, from the SCS sake ("SCS Lake") shown on Exhibit "A" to Pond 5. Meters to monitor Reuse Water flow have been installed or will be installed by Brooks Land, Inc., at its expense, at the Manor Plant and at every Reuse Water pump station at the Manor Development. 2. REUSE WATER. '` 2.1. Fowler Plant Reuse Water Connection. Forsyth, in its sole discretion and at a time of its choosing, may design and construct an interconnecting Reuse Water main and such pumps as are necessary such that Reuse Water can be pumped from the Fowler Plant to the Manor Plant or from the Manor Plant to the Fowler Plant. 2.2. Use of Reuse Water. Subject to the qualifications set forth in this sub- section, Forsyth shall provide Reuse Water in such amounts as may be reasonably available, from the Manor Plant and, upon completion of the connections described above if such connections are made, the Fowler Plant to the MGCC, the HOA and Residents, and all such Reuse Water service will be metered at the Golf Course, Irrigation System pumps and the reuse water pumps for reuse water lines to Residents' parcels (per the LAS Permit) with zro_:1amits-ozResidents'_ usage of available Reuse Water, except as may Server Service and Page 2 Reuse Water Agreement be necessary to ensure that adequate Reuse Water is available for use by the MGCC, it being understood and agreed by the parties that the Residents' right to such available Reuse Water shall be subordinate only to the MGCC's right to such Reuse Water. The MGCC shall determine the amount of available Reuse Water needed to be discharged upon the MGCC`s golf course, and the grounds around its facilities, and the HOA shall determine the amounts to be discharged on the HOA common areas, to ensure the maintenance, playability and aesthetics of the golf course, the facilities and the common areas. The Parties to this Reuse Agreement acknowledge and affirm that the County has an obligation to ensure that it maximizes the amount of water that can be withdrawn, treated and placed into service for consumptive use by Forsyth County citizens and businesses. The Parties likewise acknowledge and agree that the possibility exists that, in the future, State and/or regional governmental and/or quasi -governmental entities may demand that water withdrawn and treated by Forsyth County for consumptive use be returned to the water basin from which such grater was drawn, and that the amount of water Forsyth County is allowed to withdraw from surrounding basins or storage facilities (e.g., Lake Lanier and the Chattahoochee River water basin) may be linked to the proportion of water returned to the originating basin. Based upon the Parties' respective understanding of these potential regulatory issues, the Parties agree that any future obligation of Forsyth County to provide reuse water from the Fowler Plant under this Agreement may be discontinued and/or diminished, as is appropriate, in the event that: (1) any governmental entity with appropriate authority (other than Forsyth), including but not limited to the United States Environmental Protection Agency or the State of Georgia Environmental Protection Division ("Governmental Entity"), enacts a law, or promulgates a rule or regulation requiring Forsyth to return reuse water generated by the Fowler Plant to the originating water basin, or (2) any Governmental Entity (other than Forsyth) enacts a law, or promulgates a rule or regulation applicable to Forsyth pursuant to which Forsyth's water withdrawal rights from a water basin is linked to the pereentage of water Forsyth is able to return to that water basin, and Forsyth's fulfillment of any future obligation to provide reuse water from the Fowler Plant under this Agreement would diminish the amount of water subject to being returned to the water basin from which the waterprocessed by the Fowler Plant is withdrawn and, as a result, would diminish the amount of water Forsyth may withdraw from the wafer basin from which the water processed by the Fowler Plant is withdrawn. Notwithstanding the generality of the foregoing, nothing contained herein shall be construed as limiting the Reuse Water Users' right to receive all of the Reuse Water generated by the Manor Plant, SCWer Service and Page 3 Reuse Water Agreement The Reuse Water Users agree to accept any and all Reuse Water that may be produced by the Manor Plant. In the event that Forsyth incurs any expense (including but not limited to attorneys fees, court costs, remedial costs and regulatory or other fines by EPD or any other governmental agency or entity) as a result of the failure of the Reuse Water Users to accept any and all Reuse Water that may be produced by the Manor Plant, or as a result of any other failure of the Reuse Water Users to comply with their obligations under this Agreement, the Reuse Water Users agree, jointly and severally, to reimburse Forsyth for such expenses, plus interest `thereon at the rate of eighteen percent (18%) per annum, within thirty (3 0) days after written request for payment of such costs and expenses incurred by Forsyth. The Reuse Water Users also agree that Forsyth's Parks and Recreation Department and the Forsyth County Board of Education enjoy a first priority right to reuse water from the Fowler Plant and that any future right of the Meuse Water Users to reuse water from the Fowler Plant, if such reuse water is available pursuant to Paragraph 2. 1, is subordinate to said first priority right. Moreover, the reuse water from the Fowler Plant required to be made available to the Reuse Water Users under this paragraph shall be no greater than 250,000 GPD. Furthermore, the Reuse Water Users' contractual right to any quantity of reuse water from the Fowler Plant shall terminate absolutely and permanently at such time as the Manor Plant commences treating actual daily flows equivalent to 90% of its permitted capacity. 2.3 Source of Water. It is agreed by the parties that, until Reuse Water is available from the Manor Plant and, if applicable, the Fouler Plant in sufficient quantities to provide for all reasonable Reuse Water demands of the MGCC, the HOA and the Residents, irrigation water for the MGCC's golf course and the residents may be supplemented by the Reuse Water Users with surface water obtained from the SCS Lake pursuant to that certain 700 gpm Surface Water Withdrawal Permit No. A.02-060-0014 from SCS Lake427 (the "SCS Permit"). Once, and thereafter so long as sufficient quantities of Reuse Water are available from the Manor Plant and, if applicable, the Fouler Pliant to provide for all reasonable Reuse Water demands of the MGCC the HOA and the Residents, the Reuse Water Users shall not withdraw or seek to withdraw surface water from the SCS Lake pursuant to such SCS permit. 1. NPDES COLD WEATHER DISCHARGE PERMIT' FUTURE CAPACITY. Forsyth will use its best efforts diligently to pursue and obtain subject to EPD approval a cold weather discharge permit so as to provide Forsyth with an additional means of disposing of excess reuse water and, upon obtaining such permit, the Manor Plant will be operated in accordance with such permit's parameters. Forsyth shall, if possible, utilize the existing SCS Lake supply piping to Pond 5 for the Cold Weather discharge piping; the Reuse Water Users shall conduct any additional construction necessary to allow for such use of the existing SCS Lake supply piping, If the use of such piping is not permitted by EPD or is not practical, then the Reuse 'Water Users shall construct at their expense a cold weather discharge pipe to discharge the Reuse Water in conformance with the cold weather discharge permit parameters. Sewer Service and Page 4 Reuse water Agreement The Reuse Water Users further warrant that the reuse water portions of the Manor System and Golf Course Irrigation System currently meet or exceed the EPD approved operating permit for the Bl permit requirements for a maximum of 250,000 GPD. The Reuse Water Users warrant that, upon completion of cQD in ciao Qf the rema t?ir g reu pc�zlds h The Manor North by Pillar, the Reuse Storage Ponds will be capable of storing approximately 19,300,000 gallons of Reuse Water, and with the additional irrigation systems to be installed by BLI, Pillar and/or the Reuse Water Users, as the case may be (but only to the extent that the same may be required by EPD for the B2 permit approval) in The Manor Development common areas, the Georgia Power easements, and the additional non -play wooded areas (with BLI, Pillar and/or the Reuse Water Users, as the case may be, agreeing to fund and install such irrigation systems to the extent not already installed), the Reuse Water System, in conjunction with the Golf Course Irrigation System, will meet the B2 permit requirements for a maximum of 500,000 GPD, 365 days per year. The parties acknowledge that Forsyth's ability to supply available Reuse Water from the Manor Plant in excess of 250,000 GPD shall be contingent upon the Manor System actually receiving B2 permit approval by EPD, The Reuse Water Users shall provide all reasonable assistance, within the scope of their responsibilities as specified under this Agreement, to Forsyth in support of Forsyth's pursuit of achievement of the B2 permit requirements. Forsyth shall make all reasonable efforts to ensure that the Manor System obtains a B2 permit. Y Any construction activities by BLI, Pillar and/or the Reuse Water Users pursuant to this Section 3 shall be completed within a reasonable time and shall be conducted as follows: a) at the Reuse Water Users' expense; b) in compliance with all applicable laws and regulations, c) as approved by EPD; and d) in a manner acceptable to Forsyth. 4. GPERATtoty of PLANT. As the operator of the Manor Plant, Forsyth, subject to the capacity limitations contained in the LAS permit, shall provide sewer service and, in such amounts as are available, Reuse Water service to the Golf Course and the Residents and may provide sewer service and/or Reuse Water service to other customers of Forsyth in accordance with all applicable rules, regulations, and laws imposed by federal and state authorities having jurisdiction over the Manor Plant. Forsyth will have the right from time to time to prescribe reasonable rules and regulations regarding the provision of sewer services and Reuse Water services, including, but not limited to, requirements for grease traps by restaurants and other businesses, and limits on chlorine and other chemicals (e.g., prohibiting discharge of swimming pool backwash filters into the sewer system). Influent from industrial plants or other sources shall be required to meet Forsyth County's industrial discharge rules and regulations. Influent from industrial plants or other sources which contain or are likely to contain toxic, environmentally harmful or hazardous wastes or chemicals is specifically prohibited from introduction into the Manor System, and Forsyth shall take all reasonable steps to prevent the introduction of toxic, environmentally harmful or hazardous wastes or chemicals into the Manor System. Forsyth will pump available Reuse Water into Pond 5 for dispersal into the Golf Course Irrigation System (by the MGCC) and to the Residents and other customers within the Manor Development. Such Reuse Water shall have been treated and purified in accordance with the provisions and requirements of all applicable permits and as required to permit its lawful Sewer Service and ?age Reuse water Agreement discharge through the Golf Course Irrigation System and to the Residents and other customers within the Manor Development in full compliance with all applicable rules, regulations, and laws, whether imposed or enforced by federal, state, or local governmental bodies or agencies. Forsyth shall have the right to modify the Manor System and the operation thereof to the extent necessary in order to comply with applicable laws and regulations. Forsyth shall obtain and maintain in force all applicable permits and licenses required for the legal operation of the Manor System. Forsyth acknowledges that the Manor Plant is located adjacent to an ongoing commercial enterprise, and Forsyth agrees to exercise reasonable good faith efforts in the management of the Manor Plant so as not to impede upon the operation of said commercial enterprise. However, this paragraph shall not be construed to impose upon Forsyth any duty regarding the operation of the Manor Plant that is in excess of the duties imposed upon Forsyth by the EPD permit and any applicable laws and regulations. S. MAINTENANCE OBLIGATIONS / REPAIRS. Forsyth shall be solely responsible for the operation, maintenance and repair of the Manor System. However, each Resident shall be solely responsible for the sprinkler and irrigation system located on such Resident's property, it being the agreement and understanding of the parties that Forsyth's responsibility for the Reuse Water System shall extend only to the property line of each Resident's property and not to the sprinkler and irrigation system located on any Resident's property, which shall not constitute a part of the Manor System. Furthermore, .tile Reuse Water Users shall ''be so1e� responsible for the.operatio iaintenance, repair and replacement of the Golf Course imgation sysrtem (including but not rnited to all sprinklers, spray a.nd Irrxgat gn lines located on I the Oolf Course property, all trznkler le ds delivering Reuse Water to the common;areas ofthe'Property and non play ,00ded areas, Georgia Power"rights of way, golf course irrigation pump, flow rneter(s) at the rigation pump stations) to record the flow of reuse water to the Golf Course irrigation systen �r the LAS 'Permit (collectively, the "Golf Course Irriggtion System"), which Golf Course rigation SysItem shall not co-Dkitule axpart oftYic-Manoz System, The Reuse Water Users shall be required to maintain the grounds adjacent to the Manor Plant, sewer lift stations and Reuse pump stations. The Reuse Water Users shall exclusively be responsible for any and all utility costs and/or fees for service exclusively inuring to the benefit of the Golf Course Irrigation System (including the costs and/or fees regarding electrical service for all Reuse Water pump stations in the Golf Course irrigation System). Forsyth shall be responsible for the costs and/or fees regarding electrical service for all Reuse Water pumps located within the Manor System exclusive of those Reuse Water pumps located within the Golf Irrigation System. Since there is only one electrical meter for the Reuse Pumping Station(s), the electrical costs shall be pro rated based on the percentage of Reuse Water used by each in comparison to the total volume of Reuse Water pumped. Sewer Service and Page 6 Reuse Water Agreement In the event that the MGCC fails to properly maintain the Golf Course Irrigation System in good working order, and such failure adversely affects Forsyth's ability to operate the Manor System in accordance with its permits or with applicable laws or regulations, Forsyth shall have the right and option, after giving MGCC not less than ten (10) days written notice (or if such repairs are needed on an emergency basis, an appropriate shorter notice period), to enter upon the Golf Course and repair the improperly maintained portion of the Golf Course Irrigation System; provided, however, that if MGCC commences such repairs during such notice period, then such repairs shall be completed by MGCC in a timely manner. MGCC shall reimburse Forsyth for all costs, plus interest thereon at the rate of eighteen percent (18%) per annum, Forsyth may incur in making repairs as authorized hereunder, such reimbursement to be trade to Forsyth within thirty (30) days after written request for payment of all costs and expenses incurred by Forsyth. In making any such repairs, Forsyth shall ensure that the area(s) in which such repairs are made are returned to the state and, if applicable, playability conditions that existed prior to the commencement of such repairs. 6. SEWER SERVICE AND REUSE WATER CHARGES. The monthly sewer service fee and Reuse Water availability fee (collectively "Monthly Fee") charged by Forsyth to Residents shall, in the aggregate, be set at no more than one hundred twenty-four dollars ($ 124.00) per month per residence. Forsyth shall not increase the initial Monthly Fee for a period of two (2) years from the date of this Agreement. After such two (2) year period has elapsed, Forsyth shall limit the annual increases of the Monthly Fee to an amount not to exceed five percent (5010) of the prior year's fee. Forsyth shall collect the Monthly Fee from the customer to whom the services are being provided. Charges for such service shall not begin as to any residence until the issuance of a certificate of occupancy for such residence. Forsyth will have the right to impose reasonable billing policies and rules related to the payment of the Monthly Fee. While Forsyth shall use its best reasonable efforts to provide Reuse Water to Residents in such amounts as the Residents may desire, the Reuse Water Users acknowledge that Forsyth cannot guaranty or warrant that such amounts of Reuse Water, or any Reuse Water at all, will be available for use by Residents. The Reuse Water Users acknowledge that the Reuse Water availability fee component of the Monthly Fee does not entitle the Residents to any discrete amount of Reuse Water and only places upon Forsyth County an obligation to use its best efforts to supply available Reuse Water to such users. The Reuse Water Users agree that Forsyth's inability to provide Reuse Water to Residents in such amounts as the Residents may desire, or at all, shall not give rise to any claim or cause of action against Forsyth. Additionally, Forsyth shall charge to MGCC for sewage services a monthly fee equal to the average sewer rate chargedby Forsyth to residential customers for sewer services per 270 gallons of actual sewer usage, but Forsyth shall not impose any fee or charge with respect to MGCC's use of Reuse Water. Forsyth's agreement not to impose fees for MGCC's use of Reuse Water is made in consideration of the Reuse Water Users' agreement herein to accept any and all Reuse Water that may be produced by the :Manor Plant. MGCC shall, at its own expense, install and maintain in good working order a meter(s) at the Golf Course to measure the actual sewage flow from the Golf Course for billing purposes. Alternatively, the MGCC may elect to install a water meter measuring the actual flow of potable water into the Golf Course for such billing purposes. Forsyth shall have the right to Sewer service and Page 7 Reuse Water Agreement inspect and read all such meters, to observe any reading of any such meter, and to repair or replace any such meter at the expense of MGCC upon the failure of MGCC to repair or replace such meter within ten (10) days of written notice from Forsyth of the defective state of any such meter. MGCC shall reimburse Forsyth for meter repair or replacement expenses, plus interest thereon at the rate of eighteen percent (18%) per annum, within thirty (30) days after written request for payment of expenses incurred by Forsyth. 7. RESERVATION OF SEWER CAPACITY. (a) The parties acknowledge, and as set forth in the Asset Purchase Agreement, BLI has reserved for itself and its assignees, and Forsyth aelmowledges such reservation constitutes an encumbrance upon the Manor Plant, influent treatment capacity of 210,000 GPD (the "Reserved Capacity"). Such Reserved Capacity may be utilized or assigned by BLI in accordance with the provisions of Section 6.4 of the Asset Purchase Agreement (all persons or entities to whom any portion of such Reserved Capacity may be assigned being collectively referred to as the "Perm tte_ ALAa ne _" The monthly service fees for Pemiitted Assignees shall be identical to those in the Manor Development provided, hoivever, that the foregoing monthly service fee Iimitation shall apply if, and only if, (i) such customers are receiving reuse water, and (ii) such customers are located in single family detached homes in a subdivision having an average new home selling price of $400,000 or more. Otherwise, Forsyth may charge the Permitted Assignees its then -existing monthly service fee. 8. CONTAMINATION O£ PROPERTY AND INDEMNIFICATION. Forsyth, by discharging Reuse Water into the Reuse Storage Ponds to be applied to the Golf Course and/or through the Reuse Water System, shall be solely liable and responsible for any transportation or discharge of hazardous materials (as defined in the Asset Purchase Agreement) or chemicals into or upon the Golf Course through such Reuse Water System, except as a result of: l) the Reuse Water Users' acts of placing, directly or indirectly, such materials or chemicals into the Reuse Water System or upon the Golf Course; 2) any third party's criminal act of placing, directly or indirectly, such materials or chemicals into the Reuse Water System or upon the Golf Course; or 3) a Force Majeure event, The Reuse Water Users, and their successors and assigns shall defend, indemnify and hold harmless Forsyth and its officers, agents, employees, successors and assigns from and against all costs, expenses (including reasonable attorney's fees, court costs, fines and remedial costs), liabilities, damages, actions, and causes of action now or hereafter arising as a result of the contamination or pollution of the Golf Course, the Reuse Water System, the Manor System or the Property as a result of contamination or pollution originating due to the negligent or intentional acts or omissions of the Reuse Water Users: provided, however, the foregoing indemnity shall not apply to any claims, expenses, liabilities, damages, actions, or causes of action arising as a result of the acts of any third party including, but not limited to, any Resident. Prior to the Reuse Water Users introducing any foreign substances to the Reuse Ponds and/or the SCS Lake that could reasonably be anticipated to contain potentially contaminating or toxic items or substances otherwise prohibited herein, the Reuse Water Users shall obtain Forsyth's consent. Sewer Service and Page 8 Reuse Water Agreement 9. WAIVER OF Em[NENT DOMAIN. The parties acknowledge that in conjunction with its acquisition of the Manor Plant, the real property upon which the Manor Plant is located (the "Plant Site") has been deeded to Forsyth with certain restrictions thereon and certain reversion rights, has been granted perpetual easements with respect to certain portions of the Manor Development (e.g,, areas upon which the reuse pumps are located), and further acknowledge that the Plant Site is located within the Manor Development. As a material inducement to BLI in conjunction with the sale of the Manor System to Forsyth and as a material inducement to the execution of this Agreement by the Reuse Water Users, Forsyth, on behalf of itself, its successors and assigns agrees and covenants that it shall not exercise, nor attempt to induce any other entity or governmental agency or authority to exercise, its or their right of eminent domain or condemnation with respect to any portion of the Plant Site, the areas adjacent to the Plant Site and/or any portion of the Manor Development. It is hereby acknowledged and agreed by Forsyth that the deed transferring the Plant Site to Forsyth, as set forth in the Asset Purchase Agreement, together with the granting of the other easements described herein, is adequate and sufficient for the operation of the Manor System. W.10. ARBITRATION. In the event that there is a dispute between the Parties as to whether there has been a breach by either Party of a material term of this Agreement, then and in such event either party to such dispute may elect to have the dispute submitted to binding arbitration by giving written notice to the other Party of such Party's election to require arbitration of such dispute. Saidvxitten notice shall s„t. forth; (z) the action or issue zn dispute, and (ih a.brief descrFpttahof the position' ofthe electing Party with respect to such dispute, (eitiaer in^person or. bX telephone conference call) for t4e purpose of,sgt ting three (3) persons to act as arbitrators.for such:'fispute `f In the event that the ParEies' are uiiaple to agree upon the selection +of the arbitrators at such meeting, thezt within five (5) days_, following such meetir g, the Party requesting such arbitration shall select one'(lj person to serve' as an arhitrator antd,tb eMalnrng_Party shall selec ane (1) person to„serve as an arbitrator ,(with each Party giving written notification of such` Parfyiv (5) days pi the date of their electron, the,two persons _so selected shall select a third person to serve as Ike, third and final � �..:-1,.«.,.4..« 7. sl.. .. ...::..._t xL.: a. �.L �^'TS—i._t.. _ : �. _i.• ___ 1 .,, , i, •. .. , .. . ^,,. , ., . (5) day period; or ilice versa, then the person. selected shall serve as th6 sole arbitratorand shall make the determination required hereunder, In the event the two selected arbitrators, are unable to agree upon the identity of the person to serve'as the third and final .arbitrator, Such determination shall be made by the American Arbitration. Association in accordance with, its then existing rules and regulations or” liy the presiding fudge of the Superio Court for Forsyth County, Geotgia. No person selected by the Parties and/or by the arbitrators may be'ernployed by, doing substantial business with or othervvtse affiiiated witlZ eitZler of the Parties or their afiliafes (including, but not limited to, acting as ani attorney, accountant or consultant for either Party or any ah1fiate). Not later than forty-five (45) days following the selection of the third arbitrator, a hearing shall be convened by the arbitrators at a mutually agreeable site within the metropolitan Atlanta area. At such hearing, each Party shall be entitled to present arguments in favor of, and Sewer service and Page 9 Reuse Water Agreement call witnesses in support of such Party's position with respect to the item in dispute; provided, however, that absent a written agreement of the Parties to the contrary, presentation and/or arguments (including the direct testimony of any witnesses called by a Party) of each side of the dispute shall be limited to seven (7) hours. Furthermore, discovery in advance of such hearing shall be limited as follows: (i) each side to the dispute may propound no more than fifteen (15) written interrogatories (with any subparts thereof counting as separate interrogatories) with such interrogatories to be propounded not later than twenty (20) days prior to the scheduled date of the hearing and shall be answered in writing not later than fifteen (15) days following the service thereof, and (ii) depositions shall be limited to no more than 4 depositions per side, with each such deposition to last no more than three (3) hours. Other than as provided herein, no further discovery shall be taken by the parties unless specifically agreed to by both Parties, which approval may be withheld for any reason or for no reason at all. Furthermore, no extension of the date the arbitration hearing is to be heard shall be granted without the prior consent of both Parties to the arbitration, which approval may be withheld for any reason. The arbitrators shall render their decision regarding the matter in dispute within fifteen (15) days following the date of the arbitration hearing, and said decision shall be final and binding upon the Parties. Each of the Parties hereby covenants and agrees that they shall comply with the decision of the arbitrators and any judgment upon the award of the arbitrator may be entered in any court having jurisdiction thereof. Any and all disputes shall be submitted to arbitration hereunder within one (1) year from the date such dispute first arose or shall be forever barred. Arbitration hereunder shall be in lieu of all other remedies and procedures available to the parties; provided, however, that either party hereto may seek preliminary injunctive or other interlocutory relief prior to the commencement of or during such proceedings. 11. TERM 4F AGREEMENT' TERMINATION. (a) Term. The term of this Agreement shall run from the date of the closing contemplated by the Asset Purchase Agreement until such time as Forsyth discontinues operation of the Manor System. (b) Termination. In the event that Forsyth incurs any cost or expense for which the Reuse Water Users have agreed herein to reimburse or indemnify Forsyth, and such reimbursement or indemnity is not matte in accordance with the terms of this Agreement, Forsyth may terminate this Agreement with respect to such defaulting Reuse Water User upon sixty (60) days prior written notice of such termination to the Reuse Water Users; provided, however, that if such payment is made within such sixty (60) day period such termination shall not occur and provided further, that if the defaulting Reuse Water User disputes the amounts claimed to be owed to Forsyth and posts a bond in an amount equal to such disputed amounts, then termination with respect to such defaulting Reuse Water User shall not occur until such dispute is resolved pursuant to the arbitration provisions of Section 12 hereof. A default by one Reuse Water User shall not constitute a default, nor give rise to termination of the services to, another Reuse Water User. In all events, and notwithstanding anything contained in this Agreement to the contrary, Forsyth may not Sewer Service and page 10 Reuse Water Agreement terminate the provision of Reuse Water generated by the Manor Plant to MGCC. 12. MISCELLANEOUS PROVISIONS. (a) Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, Furthermore, Pillar specifically agrees to ensure that any homeoNvners' association farmed with regard to the Manor North subdivision shall be bound by the terms of this Agreement to the same extent as the HOA. Furthermore, such agreement on the part of the homeowners` association formed with regard to the Manor North subdivision shall not terminate or otherwise affect the obligations of BLI and/or Pillar under this Agreement. (b) Construction. Every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning and not strictly for or against any party. (c) Time. Time is of the essence with respect to this Agreement. (d) Notices. All notices given pursuant to the terms of this Agreement shall be in writing and delivered in person or transmitted by certified mail, return receipt requested, postage prepaid, or by utilizing the services of a nationally recognized overnight courier service with signed verification of delivery, Notices shall be deemed given only when actually received at the address set forth below with respect to each Party or to such other address as such party may from time to time specify by notice to all of the other parties set forth in this Section 13(d). Notices required to be given to FORSYTH pursuant to this Agreement shall be addressed as follows: Chairman Forsyth County Board of Commissioners 110 East Main Street Cumming, Georgia 30040 With copies to: Tim Perkins, Director Forsyth County Water & Sewer 110 East Main Street Cumming, Georgia 30040 Notices required to be given to the REUSE WATER USERS pursuant to this Agreement shall be addressed as follows: The Manor Community Association, Inc, 1891 Manor Club Drive Alpharetta, Georgia 30004 Sewer Service and page 1 I Reuse Water Agreement Attn: Melvin D. Meredith The Manor Golf And Country Club, LLC 15891 Manor Club Drive Alpharetta, Georgia 34004 Attn: Melvin D. Meredith With copies to: Brooks Land, Inc. 6251 Smithpointe Drive, Building A Norcross, Georgia 30092 Attu: Gary Crump (d) Headings. Section and other headings contained in this Agreement are for reference purposes only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof. (e) Further Action. Each party agrees to perform all further acts and execute, acknowledge, and deliver any documents which may be reasonably necessary, appropriate, or desirable to carry out the provisions of this Agreement. (f) Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Georgia. (g) Amendment. This Agreement maybe amended only by a written instrument signed by the parties hereto. (h) Intergovernmental Agreements. The Reuse Water Users acknowledge that Forsyth has or will enter into intergovernmental agreements with Fulton County, Georgia and Cherokee County, Georgia. The Reuse Water Users agree that actions taken by Forsyth pursuant to those intergovernmental agreements shall not constitute a breach of Forsyth's obligations under this Agreement; provided, however, that Forsyth shall utilize its best efforts to prevent such intergovernmental agreements from containing provisions that would cause Forsyth to take actions or implement procedures which are (i) in conflict with the provisions of this Agreement, and (ii) would result in material or significant harm to, or material or significant diminishment of the benefits of this Agreement to, BLI, Pillar and/or the Reuse Water Users. (i) Effective date of Parties' Obligations. The. obligations of the Parties under this Agreement shall become effective upon the closing of the sale contemplated by the Asset Purchase Agreement. Sewer Service and Page 12 Reuse plater Agreement IN WITNESS WHEREOF, the parties have hereunto set their hands and seals effective as of the date first above written. THE MANOR COMMUNITY ASSOCIATION, INC., a Georgia corporation By: Name, Title: _5-1, v, - "Corporate Seal" Attest:q4t-a�i d z Name,e: d 6�n�2 -91, AA"", -,&a THE MANOR GOLF AND COUNTRY CLUB, LLC, a Georgia corporation Name: 4�4,x 7. "Corporate Seal" BROOKS LAND, INC., a Georgia corporation By: Name, Titlb- "Corporate Seal" Attest.) Name,: isle [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] Sewer Smice and Page 13 Reuse Water Agreement M Attest: PILLAR DEVELOPMENT, INC., a Georgia corporation JOHN SUTTON, its President "Corporate Seal" JEANINE GODDARD, its Secretary FORSYTH COUNTY, GEORGIA, a body politic under the laws of the State of Georgia acting by and through its Board of Commissioners By: Name: J H Co N U-� Title: C to (.,P- CA A t4 Attest: smGt. B4_41 Name: Title: ae; a Sewer Service and Page 14 RCLISC Water Agreement PILLAR DEVELOPMENT, INC., a Georbia corporation Name, Title: e . ,`y `2, L/P "Corporate Seal" Attest: f� Name, T le: d U'' 1 � l ORSYTH COUNTY, GEORGIA, a body politic under the laws of the State of Georgia acting by and through its Board of Commissioners By: Name: Title: Attest: Name: Title: Sewer Service and Page 14 Reuse Water Agreement, (ATTACHED) Sewer Service and Page 15 Reuse Water Agreement FALUNGWATER ";A- � FXVO PRE-ENGINEERING -- MANOR NORTH REUSE POND APPROX. VOL, 7,500,000 GAL, (NOT YET BUILT) MANOR REUSE PONDS A + B - HOLE -13 GROSS APPROX. VOL, - 8,800,000 GAL. (CURRENTLY OPPERATIONAL) WWTP FACILITY MANOR REUSE "OND - HOLE - 5 3ROSS APPROX. VOL. 5,000,000 GAL. CURRENTLY OPPERATIONAL) NORM 7r�M N 4NDR/MANOR NORTH MA= PLAN WASTSWAITR TREATMENT PLAN AND REUSE POND LOCAT101,15 August 00 Action _ CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D'Aversa Alan Tart Monday, August 11, 2008 ACTION MINUTES 5:30 PM 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Agenda Item No. 08-643) 4) APPROVAL OF MEETING AGENDA 5) PUBLIC COMMENT 6) PUBLIC HEARING 1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2008; and for other purposes. (First Public Hearing held on July 21, 2008, Second Public Hearing held on August 4, 2008) 7) UNFINISHED BUSINESS (Agenda Item No. 08-627) 1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2008; and for other purposes. Page I of 3 Milton City Hall - City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 If you need the City to provide special accommodations in order to participate in any of the Council meetings, please call 678-242-2500. MILTON CITY COUNCIL SPECIAL CALLED MEETING AGENDA AUGUST 11, 2008 — 5:30 PM Motion and Vote: Councilmember Thurman moved to approve an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2008; and for other purposes. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously. (Agenda Item No. 08-644) 1. Authority for staff to proceed issuing COs and related permits for the Manor subdivision. Motion: Councilmember Tart moved to authorize Milton staff to issue all necessary permits and certificates of occupancy as to the Manor subdivision in Milton in spite of there being no present constitutional authority for the development to be connected to Forsyth County sewer, based upon the following findings and according to the following terms and conditions: 1. The Manor development in Milton has had a Site Development permit issued by Fulton County, since Autumn of 2002; 2. The private wastewater treatment plant that serves the Manor was purchased by Forsyth County and is currently owned and operated by Forsyth County, and is referred to as the Manor Wastewater Treatment Facility; 3. The Manor subdivision is located within the Etowah sewer basin, which is a basin where Fulton County has traditionally not provided sewer service based upon the Fulton County 2006 Inter -:Basin Transfer Ordinance; 4. Milton adopted the Fulton County 2006 Inter -Basin Transfer Ordinance, and therefore shares in Fulton County's public policy of not authorizing sewer service in the Etowah sewer basin, irrespective of whether such sewer service is made available by a private or public sewer treatment plant; Since issuance of the Site Development permit, the Manor has conducted development operations, including the construction of infrastructure, roadways, and homes at significant cost to the developer; 6. Citizens of Milton have contracted for the purchase of homes in the Manor, closings have been scheduled, and homeowners are poised to move into the newly constructed homes; 7. Based upon the above facts, the equities of the situation are such that in spite of the lack of authority for Forsyth County to provide sewer service, Milton believes it in the best interest of its citizens for the development to proceed; Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 If you need the City to provide special accommodations in order to participate in any of omeetings,please call 678-242-2500 MILTON CITY COUNCIL SPECIAL CALLED MEETING AGENDA AUGUST IL 2008— 5:30 PM 8. The authority granted by this motion shall only have application to the Manor subdivision as platted on the date this motion is approved; 9. Sewer service shall be prohibited for any new lots that are platted or acquired as a part of an expansion of the Manor subdivision within the City of Milton occurring after the date this motion is approved; 10. This motion shall not serve as authority or acquiescence for any sewer provider in another jurisdiction to provide sewer service in Milton; 11. A statement shall be attached to any CO(s) issued in the Manor development that reads as follows: "Issuance of this CO should not be construed as a waiver by Milton of its right to seek strict compliance of all constitutional entitlements and safeguards concerning the requirement that another jurisdiction may only provide new sewer service in Milton pursuant to an Intergovernmental Agreement. The issuance of this CO was the product of a fact specific inquiry and is to have no precedential effect with respect to any other development." Second and Vote: Councilmember Lusk seconded the motion. The motion passed unanimously. (Agenda Item No. 08-645) 9) ADJOURNMENT Motion and Vote: Councilmember Lusk moved to adjourn the Special Called Meeting at 6:15 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously. Page 3 of Milton City Hall City Council Chambers 13000 Deerfield Parkway, ;Building 100 Milton, GA 30004 Tf you need the , ity to provide special accommodations in order to participate 11 ,T!,ny of the Council meetings, r 678-242-2500. Special Calked Meeting of the Milton City Council Monday, August 11, 2008 at 5;30 pm Page l of 9 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Ante reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted This document includes limited presentation by Council and invited speakers in sumrnaryform. This is an official record of the Milton City Council Meeting proceedings Official Afeetings are audio recorded. The Special Called Meeting of the Mayor and Council of the City of Milton was held on August 11, 2008 at 5:30 PM, Mayor Joe Lockwood presiding. CALL TO ORDER Mayor Lockwood called the meeting to order. ROLL CALL City Clerk Marchiafava called the roll and made general announcements. Council Members Present: Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Tina D'Aversa, Councilmember Alan Tart PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance APPROVAL OF MEETING AGENDA Staff recommended the following change to the meeting agenda. 1. Under New Business, move agenda item 08-644, Authority for staff to proceed issuing COs and related permits for the Manor subdivision, after Public Comment. Motion and Vote: Councilmember Hewitt moved to approve the meeting agenda, as amended. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. PUBLIC COMMENT There was no public comment. NEW BUSINESS City Clerk Marchiafava read agenda item 08-644. (Moved ,kv motion and vote) Authority for staff to proceed issuing Cos and related permits for the Manor Subdivision. City Attorney Angie Davis ® The Manor development was zoned by Fulton County and a development permit was issued by them in autumn of 2002. ® As a result the Manor Subdivision as it exists in a portion of Milton is generally built out and there are COs that need to be issued and we have had a request that it be considered by the Council as to whether those COs and any other applicable permits and certificates could be issued by staff for this development. ® This is similar to the Sembler situation. ® She took the liberty to prepare a motion that mirrors the Sembler motion for Council's consideration. ® Filled in some blanks to add details associated with this project to make it applicable to the project at hand. ® Would achieve the same results as the Sembler motion. ® Would authorize staff to issue the COs and any other applicable permits in spite of the absence of constitutional authority to provide sewer service in this area. Mayor Lockwood a Asked the City Attorney to read the motion. Special Called Meeting of the Milton City Council Monday, August 11, 2008, 6:00 PM Page 2 of 9 City attorney Davis The recommended motion is as follows: I make a motion to authorize Milton staff to issue all necessary permits and certificates of occupancy as to the Manor subdivision in Milton in spite of there being no present constitutional authority for the development to be connected to Forsyth County sewer, based upon the following findings and according to the following terms and conditions: I, The Manor development in Milton has had a Site Development permit issued by Fulton County, since Autumn of 2002; 2. The Manor subdivision was zoned by Fulton County to be served by a private sewer treatment plant that is located in Forsythe County. 3. The private sewer treatment plant that serves the Manor was subsequently purchased by Forsyth County and is currently owned and operated by Forsyth County. 4. The Manor Subdivision is located within the Etowah Sewer Basin which is a basin where Fulton County has traditionally not provided sewer service based upon the Fulton County 2006 Inter Basin Transfer Ordinance. 5. Milton adopted the Fulton County 2006 Inter Basin Transfer Ordinance and therefore shares the Fulton public policy of not authorizing sewer service in the Etowah Sewer Basin irrespective of whether such sewer service is made available by a private or public sewer treatment plant. 6. Since issuance of the site development permit, the Manor has conducted development operations including the construction of infrastructure, roadways and home at a significant cost to the developer. 7. Citizens of Milton have contracted for the purchase of homes in the Manor, closings have been scheduled and homeowners are poised to move into the newly constructed home. 8. Based upon the above facts the equities of the situation are such that in spite of the lack of authority for Forsyth to provide sewer service, Milton believes it is in the best interest of the citizens for the development to proceed. 9. The authority granted by this motion shall only give application to the Manor Subdivision as platted on the date this motion is approved. 10. Sewer service shall be prohibited for any new lots that are platted or acquired as a part of an expansion of the Manor Subdivision occurring after the date the motion is approved. 11. The motion shall not serve as authority or acquiescence for any sewer provider in another jurisdiction to provide sewer service in Milton. 12. A statement shall be attached to any CO issued in the Manor development that reads as follows: "Issuance of this CO should not be construed as a waiver by Milton of its right to seek strict compliance of all constitutional entitlements and safe guards concerning the requirement that another jurisdiction may only provide new sewer service in Milton pursuant to Intergovernmental Agreement_ The issuance of this CO is a product of a fact specific inquiry and is to have no precedential affect with respect to any other development." Motion and Seconds Councilmember Tart moved to accept the motion as read into the record. Councilmember Lusk seconded the motion. Special Called Meeting of the Milton City Council Monday, August 11, 2008, 6:00 PM Page 3 of 9 Discussion on the motion: Councilmember Thurman • Would like to make sure with the representative from the Manor has no problem with the motion. • She no issue that may come up later. Lee Duncan, 515 Rivercrest Court, Atlanta, 30328 • Fulton County never rezoned the property. • It has always been AG 1. City Attorney Davis ® Changed the motion to say it was contemplated by Fulton to receive service from a private treatment plant. Counclmember Zahner Dailey • Subsequent to the motion to confirm specific language. • Would it be appropriate that if it was not zoned from AG 1 to something else, but whatever that terminology would have been at the time, if we could have a clause that says we will confirm for the record either through staff or the attorney. Because she is not sure how the private sewage treatment, if there needs to be something stronger than contemplated, if we could make reference to that subsequent to the motion itself. • Was confused by the reference that it is not a zoning that would be AG I because the sewer plant was in Forsyth County. • Cautious to the terminology used. City Attorney Davis • Asked Mr. Duncan if Fulton issued any approval for the sewer treatment plant itself. Lee Duncan • No, but they did have an agreement with Fulton prior to the issuance of a land disturbance permit as to the utilization and the expansion opportunities of the treatment facility. • Asked if that was what she was asking. City Attorney Davis • Not exactly, but it is important information. • The critical issue is the fact that a site development plan permit was issued. • That is what let them go forward and that has put us where we are today. • We do not feel it is appropriate equitably to stop them with their development. • The notion of the zoning was an effort to have some historical representations as to what happened and how far back this development goes. • We can seek some clarifications and add those, but it may not be necessary. • She would be a little bit concerned to leave things open ended. • When we adopt the motion, it needs to be quite specific and she would not want to leave open fact issues. Special Called Meeting of the Milton City Council Monday, August 1], 2008, 6:00 PM Page 4 of 9 • We have been very clear in the documentation and with any plats that have been approved to date there is always language on the plats that the service area for the manor will be restricted in Fulton County or now Milton, to the Manor property itself. ® That does not mean that Forsyth County may not be able to expand their treatment areas within Forsyth County or other areas but as it relates to the City of Milton on the plats themselves, it is restricted. ® We cannot go beyond the boundaries of our private property. ® We have plenty of written documentation as to what can and cannot be done. ® Would suggest they clear up paragraph 10 which reads; Sewer service shall be prohibited for any new lots that are platted or required as part of expansion of the Manor Subdivision occurring after the date this motion is approved. ® Assumes that pertains only to the City of Milton. Councilmember Zahner Dailey ® Asked if it would help to reference the specific number of lots that thisapplies to. Lee Duncan ® Why not just say; any lots to be developed within the City of Milton because you are going to change lot lines; that is inevitable. ® There will be situations where there will be drainage lines that used to be on a piece of paper and get in the field and find out they change. Councilmember Zahner Bailey ® Would ask that we find some way to legally reference this specific parcel so that it is clear. ® We do not want to have to come back with misinterpretation later. ® Thinks that in the event the Council goes to that action and there is a deviation from that action, it would require them to come back before the City Council to have that modified. Councilmember Zahner Dailey ® Just suggesting that we capture it legally in a way that references the lots. Lee Duncan ® If Community Development Director Alice Wakefield is allowed, he thinks she has a concept plan that has been approved and that would give Council some legal definition of what the Manor property would be. City Attorney Davis ® His correction about the zoning; perhaps there was not official action by Fulton County except for this agreement. ® Does not know that we have to reference that or want to suggest we are incorporating that here. ® Suggest that paragraph 2 as read would simply reference the zoning. Special Called Meeting of the Milton City Council Monday, August 11, 2008, 6:00 PM Page 5 of 9 ® We might modify that to lead as follows: the Manor Subdivision was approved for development by Fulton County to be served by a private sewer treatment plant that is located in Forsyth County. ® We said in the previous paragraph that they issued the site development permit so that is consistent. ® The site development permit was issued based on the ability to procure the sewer from the Forsyth County plant. Councilmember Zahner Bailey • Her hesitation is this case went before the Board of Zoning Appeals for over a year and half. ® She does not know that Fulton County ever agreed that it would be served by private sewer. ® We need to be careful that we are not approving more in that modified language than would be consistent with that historic record. City Attorney Davis ® We could skip the second paragraph that dealt with zoning and move on to say the private sewer treatment plant that serves the Manor was subsequently purchased by Forsyth County and is currently owned and operated by Forsyth County. ® The sentence that says the Manor subdivision was zoned by Fulton County to be served by a private sewer treatment plant that is located in Forsyth County could be deleted. Councilmember Zahner Dailey ® We want to indicate that this occurred prior to us becoming a jurisdiction. • The actions were of Fulton County so rather than delete it in total could we make reference to the fact that in autumn of 2002, Milton did not exist so any of those decisions predated the City of Milton. City Attorney Davis ® We do have a date there. ® In our legal opinion that is the relevant fact that brings us here today. ® The rest is providing some fact context to make plain what has occurred with this development. Mayor Lockwood ® We will respect the legal opinion and asked City Attorney Davis if she was comfortable with the rest of the motion. City Attorney Davis ® Suggested they delete the second paragraph because ,she thinks it is a little more detail on the first paragraph. ® The issues that were raised on the plats and the concerns about ensuring there is a limited number of lots approved she read the operative previsions of the motion. ® Paragraph 9 the authority granted by this motion shall only have application to the Manor Subdivision as platted on the date this motion is approved. ® Number 10 stated sewer service shall be prohibited for any new lots that are platted or acquired as a part of an expansion of the Manor Subdivision within the City of Milton occurring after the date this motion is approved. Special Called Meeting of the Milton City Council Monday, August 11, 2008, 6:00 PM Page > 6 of 9 ® She thinks that achieves the purpose by recognizing what is under construction right now and nothing more. Motion Withdrawn: Councilmember Tait withdrew the motion so it could be restated with the amendments. Councilmember Lusk withdrew the second to the motion. Motion and Second: Councilmember Tart moved to accept the motion as read into the record by the City Attorney with the deletion of paragraph 2 and the addition in paragraph 10 of the phrase in the City of Milton. Councilmember Lusk seconded the motion. Mayor Lockwood asked if the City Attorney would read the motion with the amendments into the record. City Attorney Davis read the motion for the record: I make a motion to authorize Milton staff to issue all necessary permits and certificates of occupancy as to the Manor subdivision in Milton in spite of there being no present constitutional authority for the development to be connected to Forsyth County sewer, based upon the following findings and according to the following terms and conditions: 1. The Manor development in Milton has had a Site Development permit issued by Fulton County, since Autumn of 2002; 2. The private sewer treatment plant that serves the Manor was subsequently purchased by Forsyth County and is currently owned and operated by Forsyth County; 3. The Manor subdivision is located within the Etowah sewer basin, which is a basin where Fulton County has traditionally not provided sewer service based upon the Fulton County 2006 Inter - Basin Transfer Ordinance; 4. Milton adopted the Fulton County 2006 Inter -Basin Transfer Ordinance, and therefore shares in Fulton County's public policy of not authorizing sewer service in the Etowah sewer basin, irrespective of whether such sewer service is made available by a private or public sewer treatment plant; 5. Since issuance of the Site Development permit, the Manor has conducted development operations, including the construction of infrastructure, roadways, and homes — at significant cost to the developer; 6. Citizens of Milton have contracted for the purchase of homes in the Manor, closings have been scheduled, and homeowners are poised to move into the newly constructed homes; 7. Based upon the above facts, the equities of the situation are such that in spite of the lack of authority for Forsyth County to provide sewer service, Milton believes it in the best interest of its citizens for the development to proceed; 8. The authority granted by this motion shall only have application to the Manor subdivision as platted on the date this motion is approved; 9. Sewer service shall be prohibited for any new lots that are platted or acquired as a part of an expansion of the Manor subdivision within the City of Milton occurring after the date this motion is approved; 10. This motion shall not serve as authority or acquiescence for any sewer provider in another jurisdiction to provide sewer service in Milton; Special Called Meeting of the Milton City Council Monday, August 11, 2008, 6:00 PM Page 7 of 9 11. A statement shall be attached to any CO(s) issued in the Manor development that reads as follows: "Issuance of this CO should not be construed as a waiver by Milton of its right to seek strict compliance of all constitutional entitlements and safeguards concerning the requirement that another jurisdiction may only provide new sewer service in Milton pursuant to an Intergovernmental Agreement. The issuance of this CO was the product of a fact specific inquiry and is to have no precedential effect with respect to any other development. Discussion on the motion: • For the sake of correct tenninology, he would suggest they replace sewer treatment plant to read sewage or waste water treatment plant. Councilmember Za ner Dailey • Depending on Forsyth and those agreements that are not before us depending on how those documents might refer to it would there be legally any reason that the reference to sewer plant versus sewer versus waster water treatment plant would matter. City Attorney Davis She does not think so. Ira ® The proper term according to the permit is the Manor Wastewater Treatment Facility. Amendment to the motion: Councilmember Tart moved to change paragraph 2 to read as follows: The private wastewater treatment plant that serves the Manor was purchased by Forsyth County and is currently owned and operated by Forsyth County, and is referred to as the Manor Wastewater Treatment Facility; Second: Councilmember Lusk seconded the amendment to the motion. Vote: The motion passed unanimously. Vote: The motion to the amendment passed unanimously. PUBLIC HEARING City Clerk Marchiafava read the Public Hearing agenda item. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix the Ad Valorem Tax hate of the City of Milton for Fiscal Year 2008; and for other purposes. (First Public Hearing held on July 21, 2008, Second Public Nearing held on August 4, 2008) Finance Manager Stacey Inglis ® This is a request to approve the 4.731 mills for the 2008 tax digest. ® It is the same millage rate as last year but because there is growth in the digest and value reassessments we are experiencing a 4.02 % o increase in digest. ® The total is $2,179,886,473. Special Called Meeting of the Milton City Council Monday; August 11, 2008, 6:00 PM Page 8 of 9 • When we apply the millage rate to that figure the total taxes levied would be $10,313,043. • That includes property taxes and motor vehicle taxes. • The first Public Hearing was on July 21 st • The second Public Hearing was on August 4th • Tonight is the final Public Hearing and adoption of the millage rate. • Fulton County is striving to mail the tax bills on August 15th • Our Charter states that we have to follow the same bill date and due date that Fulton County has. • We received the digest today. • We will strive to get the bills out by Friday. • The taxes are due October 31 yt and the state requires you give tax payers 60 days notice. • If we bill before September 1st we will be within the 60 day guide line. • The most important date in staying with the Charter is the due date. • We need to have the taxes due on the same date as Fulton County. • We have a painter lined up and ready and will try to get them out by August 15th but we have to get everything loaded in the system. • It may be early next week before we get them out but we will still have the same due date as Fulton County. City Manager Beckett • Sent Council some information on the Governors decision to freeze the homeowners tax relief grant. • We just received the digest today but we know last year it would have represented about $250,000 for the 'City or $37.84 per eligible homesteaded property. • We recommend granting the credit with the hope that the State Legislature will come through with all or a portion of money that is missing. • It is about $428,000,000 state wide and they are over 1 billion dollars in the red so they will have to scrambler to come up with the money. • Some communities are putting a proviso on the tax bill as they mail them out that there may be another billing later on to recoup the money. • Recommends we do that also. • He is trying to build a budget predicated on $250,000 that maybe priority and if the General Assembly releases that money prior to March we would set those funds aside and not expend any money or effort toward those particular projects until we know whether or not we had the money. • It is fairly significant to our budget. • He recommends we send the bills with the credit contained in the bill. There was no Public Comment. The Public Hearing closed. Mayor Lockwood asked if there were any questions from Council. Councilmember Zahner Bailey 0 Concurred it is important to provide those credits.. Special Called Meeting of the Milton City Council Monday, August 11, 2008, 6:00 PM Page 9 of 9 ® Asked if the language has to be specific just to ensure that legally we protect ourselves and if we need to discuss what the proviso would be. City Manager Beckett • We would model it after any community that was sending it out. ® We just determined today that was an option to us. Councilmember Zahner Bailey Would it be reasonable to have the City Attorney look at it to make sure we are covered legally? City Manager Beckett ® If it is Council's wish. Mayor Lockwood ® We will leave it up to the City Manager to address. that. Councilmember Zahner Bailey ® Asked how many tax bills we were sending out. Finance Manager Inglis ® A little more than eleven thousand. UNFINISHED BUSINESS City Clerk Marchiafava read agenda item 08-627. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2008; and for other purposes. Ordinance No. 08-08-22 Finance Manager Inglis ® Staff recommends approvalfor the 4.731millage rate. Motion and Vote: Councilmember Thurman moved to approve an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2008; and for other purposes. Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously. ADJOURNMENT After no further discussion, the meeting adjourned at 6:15 p.m. Motion and Vote: Councilmember Lusk moved to adjourn the Special Called Meeting. Councilmember Hewitt seconded the motion. There was no Council discussion. The motion passed unanimously. Bate Approved: September 3, 2008 Jeanette R. Marchiafava, City Clerk Joe Lockwood, Mayor `• TO: FROM: AGENDA ITEM: MEETING DATE: MATO''I ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 13, 2018 Steven Krokoff, City Manager Consideration of a Resolution to Adopt the North Fulton Comprehensive Transportation Plan. Wednesday, February 21, 2018 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 k)"'NO CITY ATTORNEY REVIEW REQUIRED: () YES (41NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C) 21 P ) ZC" Ll 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on February 13, 2018 for the February 21, 2018 Regular City Council Meeting Agenda Item: Consideration of a Resolution to Adopt the North Fulton Comprehensive Transportation Plan _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: North Fulton is comprised of six municipalities including Alpharetta, Johns Creek, Milton, Mountain Park, Roswell, and Sandy Springs. The Cities of North Fulton adopted the first North Fulton Comprehensive Transportation Plan in 2010, and the plan requires periodic review and evaluation. In 2016, the Atlanta Regional Commission programmed funding for the update of the 2010 plan. The plan update utilized substantial public involvement in creating recommendations including: vision and goals, project development and evaluation, funding and level structure, policy guidance, regional connections, priority projects, and action plan. Projects identified in the 2016 Milton Comprehensive Transportation Plan Update were incorporated into the recommendations. The outreach efforts in developing the plan included two rounds of public meetings in each city, a phone survey, two online surveys, a community event in each city, two stakeholder meetings, four focus group meetings and city council updates provided throughout the process. A Memorandum of Agreement (MOA) between the Cities (approved by Milton on November 2, 2015) provides guidelines for approving the plan. Section 3.5 of the MOA requires that at least four (4) of the Cities, by resolution, accept “the draft report” resulting from the MOA. Funding and Fiscal Impact: The plan was funded by $1,000,000 of federal funds and $250,000 match of local funds. The City of Milton share of the local match was $24,000. Alternatives: N/A Legal Review: N/A Concurrent Review: Steve Krokoff, City Manager Attachment(s): A Resolution to Adopt the North Fulton Comprehensive Transportation Plan Exhibit “A” 2018 North Fulton Comprehensive Transportation Plan Recommendations Report STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _________ A RESOLUTION TO ADOPT THE NORTH FULTON COMPREHENSIVE TRANSPORTATION PLAN WHEREAS, Article IX, Section II, Paragraphs III and IV of the Const itution of the State of Georgia authorizes the City of Milton (the “City”) to adopt plans for the future growth and development of transportation in the City; and WHEREAS, the North Fulton County Cities of Milton, Alpharetta, Johns Creek, Mountain Park, Roswell, and Sandy Springs (the “Cities”) find that the existing North Fulton Comprehensive Transportation Plan, adopted in 2010, is in need of updating; WHEREAS, the Cities in 2015 entered into a Memorandum of Agreement (the “MOA”) for the development of a North Fulton Comprehensive Transportation Plan; and WHEREAS, Section 3.5 of the MOA requires that at least four (4) of the Cities, by resolution, accept “the draft report” resulting from the MOA; and, BE IT RESOLVED by the City Council of the City of Milton, Georgia while in Regular called Council meeting on the 21ST day of February, 2018 at 6:00 p.m. as follows: SECTION 1. That the Comprehensive Transportation Plan for the North Fulton cities, attached hereto and incorporated herein by reference as Exhibit “A,” is hereby adopted and approved; and, SECTION 2. That the hereby-adopted Comprehensive Transportation Plan for the North Fulton cities shall supersede any previous versions; and, SECTION 3. That all resolutions in conflict herewith are hereby repealed; and SECTION 4. That this Resolution shall become effective upon its adoption. RESOLVED this 21ST day of February, 2018. Approved: ____________________________ Mayor Attest: _____________________________ Sudie Gordon, City Clerk (Seal) Exhibit “A” M 1130 N IN ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 13, 2018 FROM: Steven Krokoff, City Manager Q AGENDA ITEM: Consideration of Subdivision Plat - New Business MEETING DATE: Wednesday, February 21, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,4APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,ANO CITY ATTORNEY REVIEW REQUIRED: () YES (,110 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 11-0 201 b 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmilfonga.us I www.cifyofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on February 13, 2018 for the February 21, 2018 Regular Council Meeting Agenda Item: Consideration of Subdivision Plat Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats New Business Plats Staff Memo Page 2 of 7 Name of Development / Location Action Comments / # lots Total Acres Density 1. Woodwinds Phase II Land Lot 850, 851, 878, & 879 New Providence Road Final Plat Revision 23 Lots 34.262 .67 Lots / Acre New Business Plats Staff Memo Page 3 of 7 New Business Plats Staff Memo Page 4 of 7 New Business Plats Staff Memo Page 5 of 7 New Business Plats Staff Memo Page 6 of 7 New Business Plats Staff Memo Page 7 of 7