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HomeMy WebLinkAboutAgenda Packet - CC - 03/05/2018 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 Monday, March 5, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Father Reginald Simmons, St Aidan's Episcopal 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. 18-071) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 5, 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 21, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-072) (Sudie Gordon, City Clerk) 2. Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between the City of Milton and Hopewell Youth Association. (Agenda Item No. 18-073) (Jim Cregge, Parks & Recreation Director) 3. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and All Smart Kids. (Agenda Item No. 18-074) (Jim Cregge, Parks & Recreation Director) 4. Approval of the Revisions to the Memorandum of Understanding for the North Fulton SWAT Team. (Agenda Item No. 18-075) (Rich Austin, Police Chief) 5. Approval of an Agreement between the City of Milton and A1A Let’s Get Tropical, LLC for Performance of “Beach Bash at Bell” at Bell Memorial Park on June 16, 2018. (Agenda Item No. 18-076) (Courtney Spriggs, Community Outreach Manager) 6. Approval of a Services Agreement between the City of Milton and Meer Electrical Contractors, Inc. for Certain Electrical Services City-Wide. (Agenda Item No. 18-077) (Carter Lucas, Assistant City Manager) 7. Approval of a Task Order to Provide Construction Inspection Services for Land Development Activities. (Agenda Item No. 18-078) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 5, 2018 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 8. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Rising Star Stables LL 987 & 1030 13200 Bethany Road Minor Plat 3 Lots 7.53 .39 Lots / acre (Agenda Item No. 18-079) (Kathleen Field, Community Development Director) 6) REPORTS AND PRESENTATIONS 1. Recognition of Students Graduating from the First Citizens Government Academy. (Courtney Spriggs, Community Outreach Manager) 7) FIRST PRESENTATION 1. Consideration of RZ18-01 - 2915 Webb Road - To rezone from T-4 Open to T-5 to develop a 105,170 square foot self-storage facility on 3.339 acres by Piedmont Atlantic Capital, LLC. (Agenda Item No. 18-080) (Kathleen Field, Community Development Director) 2. Consideration of RZ18-06/U18-01/VC18-01- 3505 Bethany Bend – To rezone from O-I (Office-Institutional) to O-I (Office Institutional), A use permit for a private school (Sec. 64-1831) to increase the size of the existing school from 6,000 square feet to 9,500 square feet and the number of students from 150 to 220 students and a concurrent variance to delete the landscape strip from 20 feet to 0 feet where the existing turnaround is located (Sec. 64-1090(a)) on 2.89 acres by Wisderium, LLC. (Agenda Item No. 18-081) (Kathleen Field, Community Development Director) 3. Consideration of U18-02/U18-03/VC18-02 -12655 Birmingham Hwy – To request a use permit for Apartments (Sec. 64-1839) and a use permit for Senior Housing (Sec. 64-1834) to develop 42 condominiums on 4.37 acres at a density of 9.6 units per acre and a concurrent variance to delete the required 300 cubic feet of separate, contiguous storage space for each dwelling unit [Sec. 64-1839 (8)] by Strawberry Fields Milton LLC. (Agenda Item No. 18-082) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 5, 2018 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 4. Consideration of ZM18-01/VC18-04 – Southeast Quadrant of Birmingham Hwy and Birmingham Road, by OHC Birmingham LLC to request a zoning modification and concurrent variance for the following: 1) Request to modify RZ2004-116, Condition 2.a. to the Revised plan Dated February 2, 2018; 2) Request to modify ZM14-03 – To delete Condition 6.c., the reference to the village green; 3) A Concurrent Variance to delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX-zoning district adjacent to AG-1 – Sec. 64-1142(a)(3.)b; and 4) A Concurrent Variance to reduce the Village Green in the southeast Quadrant from 13,000 square feet – Sec. 64-1324(b). (Agenda Item No. 18-083) (Kathleen Field, Community Development Director) 5. Consideration of RZ18-02 – To amend Article XIX Crabapple Form Based Code to amend Table 8A Building Function (Agenda Item No. 18-084) (Kathleen Field, Community Development Director) 6. Consideration of RZ18-03 – To amend Article XIX Crabapple Form Based Code to amend Table 9 Specific Function. (Agenda Item No. 18-085) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 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) (First Presentation at February 21, 2018 Regular City Council Meeting) (Jim Cregge, Parks and Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 5, 2018 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 11) NEW BUSINESS 1. Approval of a Resolution for a Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA. (Agenda Item No. 18-086) (Bob Edgar, Fire Chief) 2. Council Authorization for the Mayor to Execute Form 4 (for submission to DCA) Certifying Completion of SDS Negotiations with Fulton County. (Agenda Item No. 18-087) (Ken Jarrard, City Attorney) 3. Consideration of a Resolution Regarding Senate Bill 426, the Broadband Infrastructure Leads to Development Act (BILD). (Agenda Item No. 18-088) (Ken Jarrard, City Attorney) 4. Consideration of a Resolution and Policy of the City of Milton Authorizing Certain Community Partners to Receive (Limited) Personal Information for Authorized Purposes (Agenda Item No. 18-089) (Stacey Inglis, Assistant City Manager) 12) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Outreach 2. Public Works 3. Fire 4. Economic Development 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 18-090) M 1 I TnN;Ilp ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 26, 2018 FROM: Steven Krokoff, City Manager .-) AGENDA ITEM: Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between the City of Milton and Hopewell Youth Association. MEETING DATE: Monday, March 5, 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: (JAES () NO CITY ATTORNEY REVIEW REQUIRED: ( ,I ES () NO APPROVAL BY CITY ATTORNEY: (4 -APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0-3I 1 zc' r L 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on February 21, 2018 for the March 5, 2018 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and Hopewell Youth Association. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Athletic Association Manual and Facility Use Agreement between The City of Milton and Hopewell Youth Association. Executive Summary: Hopewell Youth Association provides the city with the youth baseball program. This program will offer baseball leagues and camps at Bell Memorial Park. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another youth baseball provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 27, 2017 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and Hopewell Youth Association. HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON111 GSTABLISIIED ZOOG ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AND AGREEMENT TABLE OF CONTENTS PAGO Department Mission and Philosophy 3 Legal and Organizational Requirements 4 Requirements of Associations 13 City and Park Ordinances 23 Park/Facility Regulations 26 Recreation and Parks Personnel/Contact Information 28 City of Milton Accident/Incident Report Form 29 Agreement Consenting to Terms in Manual 30 ASSOCIATION: A volunteer -run organization permitted by the City of Milton to implement a formal recreation program on City property. CITY: The City of Milton unless otherwise specified. DEPARTMENT: The City of Milton Parks and Recreation Department. U: Memorandum of Understanding. OCA: Official Code of Georgia Annotated. PRAB: Parks and Recreation Advisory Board of the City of Milton. `a t.III` MISSION ! VISION Mission The Milton Parks & Rec Department is committed to providing quality parks and facilities along with traditional and innovative recreational programs for its residents. We strive to promote healthy lifestyles to support the best quality of life in Milton. Vision The Milton Parks and Recreation Department will develop and maintain premier parks for active, passive and mixed use. We will develop trails that will link key locations within the City of Milton and with other cities. We will offer high quality programs for people of all ages and abilities. The primary focus will be on recreation level activities with limited opportunities for advanced levels of play. Core Values Respect, Excellence, Integrity, Responsiveness, Collaboration, Knowledge, Bold Leadership, Recreation, Inclusiveness, Health 3 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: I CORPORATE REGISTRATION Each Association must be a federally registered 501 (c)3 non-profif 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")_ BYLAWS Associations shall furnish a current copy of their by-laws to the Department. By-laws must be on file or submitted with fhe signed AAO Manual Agreement. 3 MEMORANDUM OF UNDERSTANDING WITH CITY OF ALPHARETTA On November 5, 2012, the City Councils of Milton and Alpharetta entered into a Memorandum of Understanding ("MOU") for recreation and parks programs. The purpose of the MOU is to take an initial step to foster a long-term mutually beneficial relationship between Milton and Alpharetta as if 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. For these guidelines, the word "Resident" (when capitalized) shall include residents of the cities of Milton and Alpharetta, unless noted otherwise. 4 ELECTION OF OFFICERS Each Association shall have a Board of Directors ("Board"), which shall be the governing body of the Association for the operation of the affairs of the Association as documented in the bylaws. Each Association Board must be comprised of a majority of Residents upon election or appointment. 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 fhe 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 mL t have ,,..d child actively i _' a .,.. i ' a r -Associati program t the me o theelections. I The - ,n 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. 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. If 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. 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 of 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. 1.1 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 fhe 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 fhe length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured. PARTICIPATION REPORTS All Associations are required to submit a list of registered players to the Department no later than thirty (30) calendar days after the end of the established program registration period. The list shall be provided in a Microsoft Excel format and shall include each player's name, 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. 8 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. 12 CAPITAL IMPROVEMENTS Capital improvements may be suggested by the Association for budgetary consideration. Financial partnerships (50/50) between the Associations and the Department for mutually agreed upon projects are welcomed. 13 CHANGES TO PROGRAM CONTENT, STRUCTURE, PHILOSOPHY, ETC. Each Association shall communicate to the PRAB liaison(s) and Department liaison (s) any and all substantial changes in their program. 10 For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the Association which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: ® Addition/elimination of any age or skill level ® Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) ® Association by-laws ® Board structure and composition ® Schedule of fees for participants ® Anything that would be in direct conflict with existing City/Department policies Association shall notify liaisons as soon as the idea for a substantial change is included on an Association meeting agenda. Upon notification by the Association, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the Association to implement the substantial change, the Association may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the Association, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change_ Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the Association to implement the substantial change. The approval levels are noted as follows: a. Association Board and members only b. Department Director or his/her designee c. Milton Recreation PRAB d. Milton Mayor and City Council 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 benefifting 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 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 fhe start of the regular season games. 4 BACKGROUND CHECK ® OFFICIALS AND UMPIRES Each Association that has a contractual agreement with an outside vendor to provide officiating services for the Association shall require, as part of the written agreement, that all officials/umpires 18 years of age and older who will be scheduled to officiate at Association activities complete a criminal history background check prior to officiating any games for the Association. The background check should be performed once per calendar year. The Association shall require appropriate documentation of completion of background checks. Documentation must be maintained on file by the Association. CHILD ABUSE REPORTING LA Volunteers who work with children are required by law to report suspected child abuse. The mandatory reporting requirement is a 13 provision in HB 1176, the criminal justice reform bill signed by Governor Nathan Deal on May 2, 2012. Specifically, HB 1 176 changed the definition of "child service organization personnel" to include volunteers. The new law defines "child service organization personnel" as follows: "Child service organization personnel" means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children." In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 6 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 ' ` l 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. ', 3: 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. iE 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.cityofmilton.ga.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 m scoreboard controllers to the storage room and ensuring all necessary gates are closed and secured. 17 INCIDENTS INVOLVING VANDALISM Vandalism must be reported to the Police Department immediately by calling 91 1. The Association must report damage to City of Milton facilities or buildings to the Department immediately. If damage is a result of the Association's negligence or failure to comply with accepted operational or security measures, the Association may be held responsible for reimbursing the City for all or part of the repair cost. 18 ACCIDENT/INCIDENT REPORTS (attached) The Association is responsible for filing an accident/incident report to the City which documents the details of any accident, injury, or incident which occurs on City property. The report should detail what occurred, the time of the accident/incident, where it occurred, who was involved, and who witnessed the accident/incident and filed the report. A copy of the accident/incident report is included in this manual. The report shall be submitted to the Department within twenty-four (24) hours of the accident/incident. Any and all accidents/incidents must be reported. 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. 1 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 - The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, .rA.. ... , parlors, stores, .. - establishments - massage , to - shops,parlors or shops. The Department will provide links to Association websites on the City's website. The City will help with the marketing of registration information. City may send news releases to local media outlets; include information in the e -newsletter and Facebook page, etc. The City will not pay for Association advertising, flyers, mailings, etc. The links and all promotional media provided to the City, by the Association, must be to promote only those programs for which the City is a partner. If an Association is running any activities that are not formally sanctioned by the City, those activities cannot be on the website that the City's promotional activity will point to. 21 24 PUBLIC USE OF FIELDS The Facility Use Agreement that will be separately issued by the City applies only to organized league play for the duration of the agreement as specified on the agreement. Unless otherwise scheduled, the facilities are available to the public on a first come first serve basis, or may be rented by the Department to outside groups in accordance with the established City policies. City reserves the right to conduct independent participant surveys. In doing so, the City will use the email addresses provided by the Association to survey the participants for feedback on the quality and satisfaction with the facilities, the program and other information. The City will not release an Association's email database to any party and will share the survey results with the Association Board of Directors. 22 CITY AND PARK ORDINANCES Associations are responsible for adherence to all City and park ordinances. A collection of applicable ordinances is shown below, subject to the caveat that ordinances are amended from time to time and these ordinances may not be fully current. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1(a)(1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or 23 loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. (j) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (1) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. 24 (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § 1 (ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014); Ord. No. 15-03-237 , § 1, 3-16-2015) 25 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. 1 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 jim.creage@cityofmiltonga.us 27 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 iim.cregae@cityofmiltongaus Program Manager Tom McKlveen, CYSA 678-242-2519 tom.mcklveen@cityofmiltonga.us 28 M I LTO N* - City of Milton Accident / Incident Report Form Date of accident/incident Time of accident/incident F 'f h 'd ' 'd t d aci qty w ere acct en t /inti en occurre Specific location of accident/incident within the facility Number of persons involved Police notified _Y _N Information on persons involved in the accident/incident: EMS notified Y N NAME (please print) PHONE Under the age of 18 Day: Evening: Evening: Day: Day: Evening: Evening: Day: Day: Evening: Evening: Day: Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening: Day: Evening: Day: Evening: Day: Evening: ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment _Y _ N Photos of accident/incident site taken _Y _ N Person completing form Print name Signature Date Person completing form Day phone Evening phone Take photographs of the accident/incident site as soon as practical but within 24 hours of the accident/incident Fax or email completed form to Department Director at 678-242-2499 or jim.creggeQcityotmiltonga.us P -A 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: 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. 01 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: �koglpweu.- �ItNrrl RGs"tA-TyzlN ADDRESS: I Z 5 9,csx6ur-ti-o--� CITY/STATE/ZIP: 3C�60 L -j PHONE: .5-7 3 - 5-7k , ,5'&.9 -7 WEBSITE: EMAIL: ?Q-eSi0ErvT��' 6" CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2489 www.cityofmiltonga.us jim.cregge@cityofmiltongaus 10. This agreement may be executed in counterparts, each of which shall constitute an original. 11. The City has designated the Director of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Association in the execution of the terms of this agreement. 32 12. This agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This agreement shall be construed under and governed by the laws of the State of Georgia. This agreement is the complete understanding of the parties in respect of the subject matter of this agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this agreement shall not constitute a waiver of that or any other provision of the agreement. The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision of this agreement. In the event of any conflict among the terms and conditions contained in this agreement and the Manual, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. [SIGNATURES ON FOLLOWING PAGE] 33 �W Name: -J r,, -r,,4 C i '-) c . l C1 5 -- (Typed or Printed) Date: Attest: Organization Secretary Name: CA uomc'k (Typed or Printed) Date: [AFFIX CORPORATE SEAL] Aim By: Joe Lockwood Mayor, City of Milton Attest: a r* 111112=2 Date: [CITY SEAL] Approved as to form: City Attorney 34 This agreement, made this day of , 20 , by the City of Milton ("City") and Hopewell Youth Association a Georgia non-profit corporation called the "Organization." Witnesseth: In consideration of the mutual agreements contained in this document, the City and Organization agree as follows: The Association agrees to provide a youth sports program (organized league play), to wit Youth baseball 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 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 IO:00PM SATURDAYS: FROM 8:OOAM TO 10:00PM SUNDAYS: FROM 1:OOPM TO I O:00PM DATES: JANUARY 1, 2018 - DECEMBER 31, 2018 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: Previous Season Participation: Growth Goal for This Season: 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. N 10. Organization shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Organization without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 11. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 12. The Organization shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the violation of any requirement of the Manual or this agreement or the willful or negligent acts, errors, or omissions of the Organization or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect. 13. It is the understanding of the City and the Organization that nothing contained in this agreement shall be interpreted to assign to the Organization any status under this agreement other than that of an independent Organization. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Organization is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Organization agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Organization and the City and the City will not be liable for any obligation incurred by Organization, including but not limited to unpaid minimum wages or overtime premiums. 3 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: G 1Y --o5,6 C (ka- ADDRESS: )--� go (AV- (A & 14,/ CITY/STATE/ZIP: I Cr J Q 0 PHONE: WEBSITE: W V 1A1. e- G G (_ ClEMAIL: ,lC qr9G e S C'bel I CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2489 www.cityofmiltonaa.us iim.cregge@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 5 perform, and providing Organization with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that Organization fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately terminate the Agreement by providing written notice of termination to Organization. Organization shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Organization. Prior to exercising this right of termination, Organization shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the Organization, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Organization shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. 2 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. NM By: Steve Krokoff, City Manager City of Milton Date: Attes� Ratified by City Council: Organization Secretary Name: e0 W1,'U (Typed or Printed) Date: ` t [AFFIX CORPORATE SEAL] 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. 8 EXHIBIT B [This exhibit to be modified on a case-by-case basis to reflect the varying nature of coaching certifications in different sports.] Organization must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, USA Football, National Cheerleading Association. The Organization may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Parks & Recreation Department within two weeks of the season start. SPORT: I ) G S e ACCEPTABLE COACHING CERTIFICATIONS: LI S L �p� S t�bn 0 M I LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 26, 2018 FROM: Steven Krokoff, City Manager'/ AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and All Smart Kids. MEETING DATE: Monday, March 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4, -APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( YES () NO CITY ATTORNEY REVIEW REQUIRED: (,)i'ES () NO APPROVAL BY CITY ATTORNEY: (%KAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: G 5I 00 z0, i" 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoOcityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on February 26, 2018 for the March 5, 2018 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and All Smart Kids. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and All Smart Kids. Executive Summary: All Smart Kids will provide the city with youth robotics and computer programming classes. 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 All Smart Kids. CITY OF MILTON PARKS & RECREATION DEPARTMENT TRIS 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 ALL SMART KIDS 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 Services . -Responsibilities 1.1 PROVIDER shall conduct services generally described as ROBOTICS, STEM AND COMPUTER PROGRAMMING 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 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. programs1.9 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the prior - -. - The following contentand topics shall specificallyprohibited: sexually explicit materials, profanitychild pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 1.10 The PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. The PROVIDER may not use said facilities to conduct personal business, including but not limited to workshops, clinics, seminars, camps, private sessions, or any other activities that are outside the scope of service described in Exhibit "Aa". 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 to 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 "E") 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. It 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: 15 Students Previous Season Participation: 0 Students Growth Goal for This Season: 8 Students 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. 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." CompensationARTICLE 4.0 .: Method. 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 "" 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, producfs/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 Americans with Disabilities Act 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. L 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. 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 some formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: 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. W All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and RIZWANA GHUMMAN 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: RIZWANA GHUMMAN 1615 HAMPTON OAKS DR ALPHARETTA, GA 30004 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 10.11 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER shall provide evidence on CITY -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and PROVIDER's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period. The PROVIDER hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to CITY. Further, PROVIDER hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 10.13 Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any articles) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable . 10.16 Neither the CITY nor PROVIDER shall be liable for its respective non -negligent or non - willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST SUDIE GORDON, CITY CLERK ATTEST: Print: Its: (Assistant) Corporate Secretary (required if corporation) CITY: BY: JOE LOCKWOOD, MAYOR PROVIDER: G Print:l� 1 > I f i/d A 111 % S ' cle one) resident Vice President (Corporation) - Gene a Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation � [INSERT SC OPE 4Z WORK (INCLUDING BUT NOT LIMITED TO FEES SCHEDULE INFORM±£#2 AND MINIMUM NUMBER OFPARTICIPANTS)] 13 EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91 (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: /V /A I hereby declare under penalty of perjury that the eVerify Numbbr foregoing is true and correct Executed on 201e in r (`roh (city), Date of Authorization (state). Name of Contractor Signature of Au oriz d Officer or Agent {fi 7 h 1�/� Sti- (f' um Name of Project rinted Name and Title of Authorized Officer or Agent Name of Public Employer SUBSORN BEFO�E1l�E ON THIS THE LW RD D�V�I� DAY OF O NOTARY PUBLIC [ N O1;ED �fii�11i8Ariai ........... �;9Q�''� EXPIRES ••N (�I:OIZGIA November 11, 2019 ' .o '•'oUB LIG �_� i „07 011 to I I ITS My Commission Expires: �bJ [) 15 EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201& in I V\ (city), _(state). / i ? Lc LZ,/l Sign' tur eof Authorizze Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEF RE ME ON THIS THE 2A DAY OF ,20113. NOTARY PUBLI•J a"p"rr�NUri... *% "Y Y ED [ N �k '9�0 � EXPIRES `N My Coma siok. 'iC 'iN�►sl I, ;A',�'�°UB LAG d� Ac p® CERTIFICATE LIABILITY INSURANCE DATE (MMYY) I TYPE OF INSURANCE 2119!20182018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an.endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME__ABDUL KHAN KHANS INSURANCE COMPANYPaHi°N� 3383 VETERANS MEMORIAL HWY g, 770-749-7744 aAX No)* E-MAIL kDDRESS: INSURER(S) AFFORDING COVERAGE NAIC # _ INSURERA: NORTHFIELD INSURANCE COMPANY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT I LOC LITHIA SPRINGS GA 30122 INSURED INSURERS: AUTOMOBILE LIABILITY _ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS _ INSURER C: ALL SMART KIDS, LLC INSURER 0; COMB NED SINGLE LIMIT Ea acadent is 1615 HAMPTON OAK DRIVE INSURER E: PROPERTY DAMAGE $ Per accident $ INSURER F': ALPHARETTA GA 30004 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MOU CIYYYFF POLICY EXP LIMITS A GENERAL LIABILITY ./� COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ®OCCUR yMED j 1 WS335073 03/01/2018 0311(2019 EACH OCCURRENCE S 1,000,000 DA AGE TO�ENTi 1 PREMISES Ea occurrence) I S 300,000 EXP {Any one person) S 10,000 PERSONAL B ADV INJURY S 1,000,000 _ GENERAL AGGREGATE �$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT I LOC PRODUCTS -COMPIOPAGG S 2,000,000 AUTOMOBILE LIABILITY _ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS COMB NED SINGLE LIMIT Ea acadent is BODILY INJURY (Per person) S BODILY INJURY (Per accident)' S PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAR EXCESS UAB HCLAIMS-MADE OCCUR I I EACH OCCURRENCE $ AGGREGATE S DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECU7IVE OFFICERIMEMBER EXCLUDED? (Mandatory in NN) If yes, describe under DESCRIPTIONAF OPERATIONS below N/A WC STATU- OTH- 1 ""--"—' EL. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ —"--'-- E.L. DISEASE - POLICY LIMIT • $ A PROFESSIONAL LIABILITY WS335073 0310112018 03/01/2019 EACH OCCURRENCE $1,000,000 AGGREGATE LIMIT $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 901, Additional Remarks Schedule, if more space is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2006 Heritage Walk ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Milton GA 30004 ABDUL KHAN ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD All Smart Kids LLC(ASK) Requesting for a time slot on Saturdays from 7:50am-11:OOam ROBOTICS: (Jan 6tn,13tn20th 27th) 8:05-8:50am Jr. As we decided previously that children will be paying through your site. I'm give you almost the entire business plan. There will be limited seating for the workshops, so a total of 10 children will be allowed to participate. There will be a $15 non-refundable registration fee; that every child would need to pay. *****What you see in red below is what the children will pay for the camp, and you(the city) will charge me 15%. 8:05-8:50am Jr. Robotics (4 Saturdays $100/child +$15 registration fee)100*.15 This program will use cardboards/plastic bottles/rubber bands to build moveable robots. The children will work together with a partner, 2 students per table. 9:05-9:50am Int. Robotics (4 Saturdays $125/child +$15 registration fee)125*.15 This program will use recordable sound cards/Lego/k'nex to build moveable robots. The children will work together with a partner, 2 students per table. 10:05-10:50am Adv. Robotics (4 Saturdays $150/child +$15 registration fee)150*.15 This program will use recordable sound cards/Lego/k'nex to build moveable robots. The children will work together with a partner, 2 students per table All Smart Kids LLC(ASK) Requesting for a time slot on Mondays from 2:50pm-6:00pm STEM: (Jan 8tn,14tn,22tn,29tn) 3:05pm-3:50pm Jr. As we decided previously that children will be paying through your site. I'm give you almost the entire business plan. There will be limited seating for the workshops, so a total of 10 children will be allowed to participate. There will be a $15 non-refundable registration fee; that every child would need to pay. * **`*What you see in red below is what the children will pay for the camp, and you(the city) will charge me 15%. 3:05pm-3:50pm Jr. STEM (4 Mondays $100/child +$15 registration fee)100*.15 Age based Science, Technology, Engineering, Mathematics activity/experiment. 4:05pm-4:50pm Int. STEM (4 Mondays $125/child +$15 registration fee)125*.15 Age based Science, Technology, Engineering, Mathematics activity/experiment. 5:05pm-5:50pm Adv. STEM (4 Mondays $150/child +$15 registration fee)150*.15 Age based Science, Technology, Engineering, Mathematics activity/experiment. All Smart Kids LLC(ASK) Requesting for a time slot on Tuesdays from 2:50pm-5:OOpm CODING: (Jan 9tn,15th 23tn30th) 3:05pm-3:50pm Jr. As we decided previously that children will be paying through your site. I'm give you almost the entire business plan. There will be limited seating for the workshops, so a total of 10 children will be allowed to participate. There will be a $15 non-refundable registration fee; that every child would need to pay. * * * **What you see in red below is what the children will pay for the camp, and you(the city) will charge me 15%. 3:05pm-3:50pm Int. STEM (4 Tuesdays $125/child +$15 registration fee)125*.15 Age based Science, Technology, Engineering, Mathematics experiment. 4:05pm-4:50pm Adv. STEM (4 Tuesdays $150/child +$15 registration fee)150*.15 Age based Science, Technology, Engineering, Mathematics experiment. If the center is free for the week of April 2"d -6th. I would like to run a day camp throughout that week. From :lam-S:OOPM for that week. If that happens, then I will have the maximum seating for 15kids, each kid will pay $250/wk +$10 non-refundable registration fee. $Z50*. 1.5 I would like to rent the center again for 10 weeks summer cam Starting in last week of May Until the First week of August. Maximum seating for 15 Kids. $250/wk +$25 non-refundable registration fee. $250*.15 I will come back again in (same timings as January) September. 4 Saturdays, 4 Mondays, 4 Tuesdays October. 4 Saturdays, 4 Mondays, 4 Tuesdays November. 4 Saturdays, 4 Mondays, 4 Tuesdays November Thanksgiving week camp(same everything as April week) ...Back in January again... 1 TC) N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 26, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Revisions to the Memorandum of Understanding for the North Fulton SWAT Teams. MEETING DATE: Monday, March 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IA PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (YES () NO CITY ATTORNEY REVIEW REQUIRED: (I(ES () NO APPROVAL BY CITY ATTORNEY: (;/APPROVED PLACED ON AGENDA FOR: ,3I 12(-, 1`' () NOT APPROVED 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: George R. Austin, Chief of Police Date: Submitted on February 16, 2018 for the March 5, 2018 Regularly Scheduled Council Meeting. Agenda Item: Approval of Revisions to the Memorandum of Understanding for the North Fulton SWAT Team. ____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The cities of Milton, Roswell, and Alpharetta are requesting consideration of approval for revisions to the current Memorandum of Understanding (MOU) between the cities of Milton, Roswell, and Alpharetta for the North Fulton SWAT Team. While reviewing the current MOU, it was determined the verbiage for cancellation, buy out, and reimbursement procedures was not adequately explained. Jeff Strickland with Jarrard and Davis reviewed the MOU and made his recommended revisions. The MOU was revised and then approved by the Chiefs of Police for all three cities. Attached is the revised MOU with the new verbiage for the cancellation policy. Funding and Fiscal Impact: There is no fiscal impact or funding needed. The MOU revisions made are to clarify cost sharing of equipment and cancellation policies. Alternatives: The only alternative is to keep the current MOU, which does not adequately explain cancellation policies and buy out procedures. Legal Review: Jeff Strickland- Jarrard and Davis (February 8, 2018) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Memorandum of Understanding ALPHARETTA POLICE DEPARTMENT MILTON POLICE DEPARTMENT AND ROSWELL POLICE DEPARTMENT NORTH FULTON SWAT TEAM MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into by and between the City of Alpharetta Police Department, City of Milton Police Department and the City of Roswell Police Department (the “Participating Agencies”) to receive and extend assistance in the form of the Unified SWAT and Crisis Negotiation Team (the “North Fulton SWAT Team”), with related services and resources to one another when assistance is requested. The North Fulton SWAT Team will consist of members from the three Participating Agencies . SECTION I – AUTHORITY This MOU is effective as of the date of signature by the Chief Law Enforcement Officer of e ach Participating Agency and applies to all activities engaged in by the Participating Agency and shall continue in full force and effect until cancelled by one of the Participating Agencies in accordance with Section IX of this MOU. The designated representative identified below represents that he is authorized by his jurisdiction or Participating Agency to enter into this agreement on behalf of the Participating Agency. SECTION II – PROVISIONS FOR OPERATIONS ASSISTANCE The Participating Agencies hereby approve and enter into this MOU whereby each Participating Agency so represented may request and render North Fulton SWAT Team assistance to one another including but not limited to a large scale extraordinary event, a prolonged operation, any operation with expansive dynamics, or when the operation requires North Fulton or related services and resources to one another. SECTION III – REQUEST FOR ASSISTANCE The respective Participating Agency Chief of Police and/or designee shall have the authority to request or render North Fulton SWAT Team assistance. In the event that a Participating Agency is in need of assistance as set forth above, it shall, through its proper chain of command, notify the North Fulton SWAT Team commander which may be contacted directly or through the Roswell or Alpharetta 911 Communications Center. In conjunction with the initiating Agency, the North Fulton SWAT Team commander shall evaluate the situation and his available resources, and respond appropriately. The North Fulton SWAT Team commander will take steps to ensure all Participating Agency Chiefs of Police are immediately notified upon a North Fulton SWAT Team activation. SECTION IV – COMMAND AND SUPERVISORY RESPONSIBILITY The North Fulton SWAT Team shall be under the direction and control of a three (3) person Board of Directors, the membership of which shall be filled by the Chief Law Enforcement Officer of each Participating Agency. Each Board Member shall have an equal vote in all decision making regarding the management and operation of the North Fulton SWAT Team. The Board of Directors shall designate one or more individuals to serve as a North Fulton SWAT Team commander. The North Fulton SWAT Team will operate under the National Incident Management System, Incident Command System via North Fulton Command with one exception; the Chief of Police or designee of the requesting Agency shall have tactical operational veto authority. Whenever a team member is rendering assistance pursuant to this MOU, the team member shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his own employer. If any such standard is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the North Fulton SWAT Team then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. SECTION V – USE OF FORCE; COMPLAINTS Whenever the North Fulton SWAT Team is involved in a use of force or there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this MOU, the Participating Agencies will conduct a joint review of the use of force and/or complaint. The North Fulton SWAT Team commander or his designee shall be responsible for the documentation of the Use of Force and/or complaint with a disposition recommendation. A mirror copy of the documentation shall be provided to each Participating Agency for review per their respective policies. Upon review any Participating Agency Chief of Police or designee may request additional investigation which will be conducted jointly by the Participating Agencies. The Participating Agency Chiefs of Police or their designee(s) will conduct a joint evaluation of the overall actions of the North Fulton SWAT Team after a review of the documentation and/or investigation; however, the review of individual actions will be the sole responsibility of their respective Chief of Police according to his Agency's policies and procedures. Each Participating Agency engaging in any assistance pursuant to this MOU agrees to cooperate with such joint investigative efforts. Should an application of force on behalf of the North Fulton SWAT Team result in serious injury or death, or a complaint arise as a result of a cooperative effort as it may pertain to this MOU that if sustained would be likely to result in serious injury or death, it is agreed by the Participating Agencies that the Georgia Bureau of Investigation will be asked to conduct a separate and independent criminal investigation as appropriate. SECTION VI – LIABILITY Each Participating Agency engaging in any assistance pursuant to this MOU agrees to assume responsibility for the acts, omissions, or conduct of each of its SWAT Team members or conduct of such Participating Agency's/team's own employees while engaged in rendering such assistance pursuant to this MOU. SECTION VII – PROCEDURES & TRAINING All standard operating procedures and training conduct ed with and/or for the North Fulton SWAT Team will meet or exceed National Tactical Officer Association (NTOA) Standards. These procedures and training shall be outlined in a North Fulton SWAT Team Operations Manual. This manual will be reviewed and updated as needed but at least once per year. SECTION VIII – POWERS, PROVILEGES, IMMUNITIES AND COSTS North Fulton SWAT Team members of each Participating Agency when actually engaging in assistance outside of their jurisdictional limits but inside the City of Alpharetta, City of Milton or the City of Roswell, shall have the same powers, duties, rights, privileges and immunities as if the team member was performing duties inside the member's political subdivision in which normally employed. Each Participating Agency agrees to furnish the necessary personal equipment and resources to their department members assigned to the North Fulton SWAT Team to render services to each Participating Agency; provided however, that no Participating Agency shall be required to unreasonably deplete its own equipment, resources, facilities, and services in furnishing such assistance. Each Participating Agency that furnishes personal equipment pursuant to this MOU must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. Nothing herein shall prevent one Participating Agency from lending necessary equipment to any other Participating Agency team member for operational purposes pursuant to this MOU. Team equipment such as vehicles, robots and other capital purchase items that will be shared among the Participating Agencies will be purchased by all of the Participating Agencies on a percentage of cost basis. The percentage of cost sharing will be based on the population of each Participating Agency. Currently the cost share is as follows; City of Roswell 48% City of Alpharetta 34% City of Milton 18% Once the North Fulton SWAT Team Board of Directors agree that a purchase will be made via cost sharing percentages it will be the discretion of the North Fulton SWAT Team Board of Directors to decide on which agency will submit the main purchase order to the vendor to buy the equipment and will therefore be the “owner”. The other agencies will pay the vend or or the “owner” for their cost share in effect at the time of the purchase depending on how the vendor will accept payment. In the case of vehicles the “owner” will hold the title, will register the vehicle and provide insurance coverage. The insurance coverage must allow drivers from the other Participating Agencies to operate the vehicle once they are properly trained and/or licensed to operate the vehicle. The “owner” will be responsible for normal operational costs. Maintenance and repairs will be shared by the Participating Agencies based on the cost share percentage that is in effect at the time that the maintenance or repair is needed. The Participating Agency furnishing assistance pursuant to this MOU shall compensate its SWAT Team members during the time such assistance is rendered and shall assume the actual travel and maintenance expenses of its members while they are rendering such assistance, including any amounts paid or due for compensation due to personal injury or death while such S WAT Team members are engaged in rendering such assistance. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits that apply to the activity of a SWAT Team member of a Participating Agency when performing the member’s duties within the territorial limits of the member's Agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties outside the territorial limits of the member's Agency under the provisions of this MOU. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. Nothing herein shall prevent the requesting Agency from requesting supplemental appropriations from entities other than its governing political subdivision for reimbursement for itself and the assisting Team for any actual costs or expenses incurred by the assisting Participating Agency performing hereunder. SECTION IX - CANCELLATION Any Participating Agency may cancel their participation in this MOU upon delivery of written notice to the other Participating Agencies. Cancellation will be effective ninety (90) days from receipt of such notice. Upon cancellation Participating Agencies agree to coordinate the prompt return of any loaned equipment to the proper Agency owner. Upon cancellation of one Participating Agency that agency will be reimbursed their cost share of any purchased team equipment. The amount reimbursed will be the cost share percentage paid at the time the equipment was purchased of the fair market value at the time of cancellation. This cost reimbursed will be shared proportionately by the agencies still participating, with said proportion being equivalent to the remaining parties’ percentage share of their aggregated municipal populations. By way of example only, if Alpharetta were to cancel its participation, then Milton and Roswell would reimburse Alpharetta for its equip ment contribution, with Roswell paying 73% and Milton paying 27% of such reimbursement contribution. Upon cancellation of two agencies the owner has first right to “buy out” the other agencies by reimbursing their cost share percentage paid at the time of purchase of the fair market value at the time of cancellation. If after 90 days from the date of written notice the “owner” does not “buy out” the other agencies any of the other agencies have the option to “buy out” the other two agencies for their cost share percentage at the time of purchase of the fair market value of the equipment. If after an additional 90 days from the written notice none of the agencies want to buy the others out the equipment will be sold. The proceeds will be divided between the agencies based on the percentage paid when the equipment was purchased. AGREED TO AND ACKNOWLEDGED THIS _________DAY OF __________________, 2017 City of Alpharetta, Georgia __________________________ _______________ David Belle Isle, Mayor Date City of Milton, Georgia __________________________ ________________ Joe Lockwood, Mayor Date City of Roswell, Georgia __________________________ ________________ Lori Henry, Mayor Date n� TO: FROM: M I L -F'0 N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 26, 2018 Steven Krokoff, City Manager 0-1111 AGENDA ITEM: Approval of an Agreement between the City of Milton and Al A Let's Get Tropical, LLC for Performance at "Beach Bash at Bell" at Bell Memorial Park on June 16, 2018. MEETING DATE: Monday, March 5, 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: (''YES () NO CITY ATTORNEY REVIEW REQUIRED: ()YES () NO APPROVAL BY CITY ATTORNEY. (q"APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C) 5101 Zc; i, 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Courtney Spriggs, Community Outreach Manager Date: Submitted on February 22 for the March 5 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and A1A Let’s Get Tropical, LLC for Performance at “Beach Bash at Bell” at Bell Memorial Park on June 16, 2018. _____________________________________________________________________________________ Project Description: Following the success of “Beach Bash at Bell,” held last year as part of Milton’s 10 year celebration, this popular summer concert will be held again at Bell Memorial Park on Saturday, June 16th, from 6:00—10:00 p.m. The event will feature kids’ games, outdoor activities and a live concert from A1A, an official Jimmy Buffet tribute band. Purchasing method comment: This unique artist was chosen specifically for this themed event. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 201-1500-521200010 Requisition Total: $ 5000.00 Vendor DBA: A1A Let’s Get Tropical, LLC Financial Review: Bernadette Harvill (2/23/18) Legal Review: Jeff Strickland – Jarrard & Davis (2/12/18) Attachment(s): An agreement between the City of Milton and A1A for performance at “Beach Bash at Bell ” summer event on June 18, 2018. A1A The Official and Original Jimmy Buffett Tribute Show Contract Agreement This agreement is made on the date January 13, 2018 between A1A Let’s Get Tropical, LLC, a Georgia limited liability company (known herein as "artists") and City of Milton, GA (herein known as "client"). It is mutually agreed between artists and client as follows. Client hereby engages artists and artists hereby agree to perform the engagement under the conditions set herein: A Location and Event Community Outreach Summer Concert Bell Memorial Park 15245 Bell Park Rd Milton, GA 30004 B Date: Saturday, June 16th, 2018 Start Time: 6:00 PM Finish Time: 10:00 PM C Price for performance $5,000.00 D* Artist will provide And/or cover A1A to provide ten-piece ensemble and two Pirates representing A1A - The Official and Original Jimmy Buffett Tribute Show. The performance will consist of Jimmy Buffett, Reggae, and Trop Rock Favorites. A1A will perform 1- 2-hour set. Performance time 8-10pm Transportation | Travel Expenses. Backline equipment. A1A sells A1A merchandise at public events, keeping 100% of the profits Front of House – Audio Tech. A1A Production Director, Front of House Audio Tech Chad Stewart of Stewart Sound Productions – chad@stewartsound.net 828-713-5842 A1A Management, On location contact Kathy Mullen kathymullen@a1a-live.com 319-329-3690 All promotional material connected with A1A for the event. Photos, videos, press releases, online promotion, etc. Any media promotion. Anything that is not provided from A1A must be approved by Kathy Mullen of Mullen Music Management. kathymullen@a1a-live.com 319-329-3690 E* Client will provide and agree to the following Hospitality meeting the requirements in A1A’s Hospitality Rider, separate document, A1A 2018 Hospitality Rider Staging that meets requirements represented in A1A’s Tech Rider, separate document, A1A 2018 Performance Rider. Production and Lighting Tech Contact for All Stage, Production and Electrical Information, TBD, provided to A1A by Mark Joseph. * Production and Staging Arrangements for production and staging will be agreed upon at least 45 days prior to the event date. The specifics agreed upon for production will agree with sections D & E from above and be covered by this agreement. 1. Mailed deposit of 50% of the performance fee and signed, dated contract is needed to hold date. Balance of performance fee and any other related expenses to be paid in full prior to artists taking the stage for the performance. All checks are to be made out to A1A Let’s Get Tropical and mailed to the address below. SIGNED CONTRACTS AND DEPOSITS MUST BE RETURNED WITHIN TEN WORKING DAYS OR THE AGREEMENT WILL BE CONSIDERED CANCELED. If full payment is not received per contract an additional 10% fee is incurred on balance due. ( ) client initial 2. Artist shall not be required to perform outdoors if the location temperature is below 50 degrees; or outdoors if there is a 50% or greater chance of rain, or if high winds make performance unsafe for the band. If any of these conditions exist and client has no suitable indoor location, client agrees to pay A1A in full. If A1A has been instructed to set up outdoors and inclement weather prevents or interrupts performance, client agrees to pay them in full. Once set up either indoors, or outdoors A1A are not required to move or re-set up. These decisions are left to the sole discretion of the bandleader, Jeff Pike. All A1A events performed outdoors require a covered and protected stage. 3. This contract cannot be canceled except by mutual agreement between artists and client. A minimum of 30 days’ notice is required for cancellation. Client agrees artist will keep performance fee deposit (50% of performance fee), with client agreeing to pay 100% of any travel-related expenses incurred by artists. Cancellation 15 days – 30 days from performance date, client agrees to pay 75% of performance fee and 100% of any travel-related expenses incurred by artists. With less than 2 weeks’ cancellation notice, client agrees to pay 100% performance fees and all travel - related expenses to artists. ( ) client initial If at any time after the execution of this agreement the artists should become unable to fulfill their obligations as stated herein, due to proven conditions beyond their control, including illness, death, or an act of God, this contract is canceled. At anytime of c ancellation by artists after contract is signed, artists will make every effort to replace themselves with a similar musical entity for the same price. Artists will, to the best of their ability, conform to the rules and policies of the venue. 4. This Agreement will be governed by, and construed in accordance with the laws of the State of Georgia, without giving effect to the principles of its conflict of law provisions. The Parties to this Agreement agree and consent to the jurisdiction of and venue in the state or federal courts in Gwinnett County, Georgia in all disputes arising out of or relating to this Agreement. In the event that any provision of this Agreement is declared invalid or void by statute or judicial decision, such action shall not invalidate the entire Agreement. It is the express intention of the Parties that all other provisions not declared invalid or void shall remain in full force and effect. The failure by either Party to act with respect to a breach by the other shall not constitute a waiver of the right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire Agreement between the Parties. We, the undersigned, confirm that we have read and hereby approve each term and condition set forth in this agreement on Date: _____________ Client Signature: ____________________________________________________________ Client Name (Printed): _______________________________________________________ Client Address: ___________________________________________________ Client City, State, Zip: ______________________________________________ Client Phone: ___________________________ Client Email: ____________________________ Artist Signature: ___________________________________________________ Date Signed: ________________ Please make check(s) payable to: A1A Let’s Get Tropical Please mail the signed contract and deposit to: Jeff Pike 156 Bethesda Church Road, #413 Lawrenceville, Georgia 30044 678-576-7977 jeffpike@a1a-live.com NOTES: A1A – The Original and Official Tech Contact: Chad Stewart Jimmy Buffett Tribute Show Phone: 828-215-4156 “Let’s Get Tropical” Email: Chad Stewartsound.net chad@stewartsound.net 1 | Page Signature of venue representative / promoter: _________________________ Date: _________________ A1A Performance Rider 2018 – 10 Performers This rider constitutes part of our contract with you. All equipment must be provided to us in good, working condition. If any items are not provided as requested without prior band approval, we reserve the right to cancel our performance and retain our show deposit, plus demand reimbursement for any losses incurred due to travel expenses and possible lost revenue. A representative of the person or company providing any backline equipment must be available throughout sound-check and the show to ensure said equipment’s proper performance. PA System A1A’s Produc- tion Director Chad Stewart Stewart Sound 828-215-4156 chad@stewartsound.net Confirm with Chad Stewart, Stewart Sound, specific requirements for your event. F.O.H: Suggestions for main sound system are: d&b, L’acoustics, Nexo, JBL, Meyer, Adamson, EV and so on… Please make sure there are enough boxes to cover the listening area of the venue and plenty of head- room. Subs are critical so please call Chad to discuss these options. Chad Mixes monitors from FOH so please make sure there are drivelines for 8 monitor mixes, L/R, Subs, and front fill. Consoles: Behringer X32, Midas M32, Avid SC48 or Profile, Yamaha M7CL. Anything else will need ap- proval from Chad. Please provide a 1/8th to rca or 1/4 (iPod cable) and a talkback mic with cable at FOH Monitors: Chad Mixes monitors from FOH so please make sure there are drivelines for 8 monitor mixes, L/R, Subs, and front fill. Two options. A) In ear systems: A1A requires 8 monitor mixes on 10 wedges. IEM’s systems are ok with approval B) Wedge systems: A1A requires 8 mixes w/ 1 wedge each. (15” + horn preferred) on Festival Dates Experienced monitor operator familiar with system must be available to operate the system throughout the sound-check and the entire performance. All wedges should be match- ing and well powered. (In addition to wedges please also be prepared to add an XLR send in place of a wedge for mix 1,2 and as these musicians often prefer to use their own in ear monitor system) Lighting: Lighting adequate for the stage area. All parts of the stage must be well lit with no dark areas. Bright colored gels are requested. Lighting operator (LD) familiar with the system must be available through- out performance to operate the system. 8 Incandescent front specials focused at each band member position. 3 color washes (we love LED fixtures and movers) Par 64 LED double yoke for up-lighting DMX Hazers / Foggers and fans A1A – The Original and Official Tech Contact: Chad Stewart Jimmy Buffett Tribute Show Phone: 828-215-4156 “Let’s Get Tropical” Email: Chad Stewartsound.net chad@stewartsound.net 2 | Page Signature of venue representative / promoter: _________________________ Date: _________________ Staging and Risers: Stage must be covered… No exceptions on this please. Minimum overall stage size: 32 feet wide x 24 feet deep (32 x 24 or larger preferred) We need 3 risers: 1- 8’ x 8’ x 1’ riser, placed upstage center. See attached stage plot for locations. 2- 4’ x 8’ x 6” risers, placed upstage Left and Right. See attached stage plot for locations. We travel with 3 blow thru banners as part of our set. They are approximately 8’x16’ and have Velcro straps on the top and grommets on the bottom. When possible, we would like to fly these from the stage roof or an upstage truss. We request tropical plants for stage decoration. Access: Venue must be open, lighted, and available (free of obstructions and bystanders) for load-in and out, setup, and sound check, a minimum of 6 hours prior to scheduled doors opening and 1 1/2 hour after show end. Power must be on and circuit breakers accessible the entire time. Shelter: If the event is outside, ample covering, roofing, or tenting for the stage area and mix position is re- quired. The covering must be set up and in place in time to allow set-up and teardown to proceed in normal fashion (6 hours prior and 1 1/2 hour after show time). Opening Act: If there is to be an opening act for this performance, they must provide their own stage equipment. A1A will not be made to allow the opening act to use our stage equipment, however, it may be allowed at the discretion of A1A with prior arrangement. A1A will also not be made to strike, move, or other- wise relocate our stage gear or props once it has been positioned for our sound-check and perfor- mance without prior arrangement. A1A – the Original and Official Jimmy Buffett Tribute Show “Let’s Get Tropical” 1 | Page Signature of Client - Venue representative / promoter: _________________________ Date: _________________ Hospitality Rider – Beach Bash, Milton, GA – June 16, 2018 Backstage: Upon arrival to performance site - Gatorade and 2 cases of bottled water, iced. Healthy snacks such as Fruit, Cheese and Cracker Plate, roast beef, and turkey sandwiches, with all condiments “on the side”. On Stage: PRIOR TO SOUND CHECK, 2 cases of bottled water and 1 case of Gatorade, iced. Meals: DINNER - Meals for 14 people (Band, Management, and Production) a minimum of 2 hours prior to show time. (exact time TBD) If there is food at the event that is available to the artist (i.e. buffets or special food for the event) that would be acceptable. Food must be prepared and served “safe for consumption”. BEVERAGES: Water, Unsweetened Tea, Coke, Diet Coke, Coffee. We require a health- conscious meal. Options: 1. Hot meal - meat, vegetables, salad, fruit, and desert. 2. Deli sandwich tray - variety of meats, cheeses, fruit, bread with all condiments “on the side”. Note: 1 Vegetarian meal is a requirement. If meals are prepared with a ”white sauce”, serve it on the side or provide another alternative. SERVERE ALLERGY TO ALL SHELLFISH. Acceptable Green Room | restaurant for the band to eat. Dressing Rooms: A1A requires one clean, private dressing room or air-conditioned trailer with functional plumbing. Room or trailer must have adequate lights, mirrors, seating, and racks to hang clothing located as close to the stage as possible. Dressing room(s) or trailer shall be completely secured and supplied with 10 clean towels. A restroom that is accessible privately is required. Lodging Requirements: Lodging required being a minimum of 3-star rating within a reasonable (less than 20 minute) driving distance to the venue. There must be a restaurant either on the hotel premises or in acceptable walking distance from the hotel. Please secure these in the name of A1A, Kathy Mullen or under your name (event name or personal) so we can identify the reservation with the hotel staff. Atlanta Area Events: Purchaser shall provide 1 Non-Smoking room for one evening for A1A’s Production FOH who resides in Ashville, NC. Note: if room is not required, A1A will notify client to cancel room. (N/A) Out of Town Events: Purchaser shall provide X Double Occupancy Non-Smoking rooms for one evening, night of the performance. Note: if any of the rooms are not required, A1A will notify client to cancel room(s). Primary Contacts: A1A – Let’s Get Tropical Kathy Mullen – 319-329-3690 kathymullen@a1a-live.com V MILTON'lt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2018 FROM: Steven Krokoff, City Manager (;2 AGENDA ITEM: Approval of a Services Agreement between the City of Milton and Meer Electrical Contractors, Inc. for Certain Electrical Services City - Wide. MEETING DATE: Monday, March 5, 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'YES () NO CITY ATTORNEY REVIEW REQUIRED: ( 'YES () NO APPROVAL BY CITY ATTORNEY: (�4PPROVED PLACED ON AGENDA FOR: c 310j-2 l` () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Dennis Miller, Facilities Manger Date: February 26, 2018 for the March 5, 2018 Mayor and Council Meeting Agenda Item: Approval of a Services Agreement between the City of Milton and Meer Electrical Contractors, Inc. for certain electrical services city- wide. _____________________________________________________________________________________ Project Description: Services Agreement to provide certain electrical services city-wide on a stand-by/on-call basis. Procurement Summary: Purchasing method used: RFP Account Number: Various City Repair and Maintenance accounts city-wide Requisition Total: Not to exceed $49,000.00 annually Vendor: Meer Electrical Contractors, Inc. Other quotes or bids submitted: Vendor/Firm Quote/Bid N/A* *No other qualifying bids submitted. Financial Review: Bernadette Harvill, February 27, 2018 Legal Review: Sam VanVolkenburgh, January 29, 2018 Attachment(s): Service Agreement with Meer Electrical Contractors, Inc. MA I LT(-) i *t f 5TA6L i SHU) Nob PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and Meer Electrical Contractors, Inc., a Georgia Corporation, (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties_" WITNESSETH: WHEREAS, City desires to retain Contractor to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work_ NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — City Solicitation Documents Exhibit "B Contractor Response/Proposal. Exhibit" C" — Scope of Work Exhibit "iD" Contractor Affidavit Exhibit "E. � Subcontractor Affidavit B. Prolect Desc!j tion.. The "Project" at issue in this .Agreement is generally described as: On -Call Electrical Services for City of Milton facilities, buildings, parking lots, grounds, and right -of ways]roundabouts. C. The Work. The Work to be completed under .this Agreement (the "Work"j includes; but shall not be limited to, the work described in the Scope of Work provided in Exhibit "C", attached hereto and incorporated Herein by reference. "Task. Orders" will be issued to the Contractor stating each task requested of. Contractor by the City. finless otherwise stated in Exhibit "C"'or in a Task Order, 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 notbe specifically described in. the Scope of Work or in a Task Order, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise. necessary for proper completion of the Work. The Parties agree thatthis is not a contract.for public works. construction. subject to the provisions of O.C.G.A. Title`3.6, Chapter 91, or Title 36, Chapter ld, Article 2._ D. Schedule; Completion Date; and Term of Agreement. Contractor understands that time. is of the essence. of this Agreement and. warrants. and represents that it will perform the Work. in a prompt and timely mariner, which shall not impose delays on the progress of the Work. Emergency projects or repairs shall require a response to the. site within twa (2) hours, preferably sooner. Emergency services shall be available..24. hours per day 365.days per year... Thetiming of. service delivery is set. forth in more detail in Exhibit "C". The term of this. Agreement ("Term") shall commence as of the Effective Date, and terminate. without farther obligation on the part of the City on "September 30, 201,8 (provided that. certain obligations will survive terminationlexpiration of this Agreement). In accordance' with O.C.G.A. § 36-60=13, this Agreement shall automatically renew.for two successive annual renewal terms (October 1— September 34) absent.City's.provision of written notice of non -renewal. to Contractor at least five (5) days prior to first day of the renewal. term. Title to. any supplies, materials, equipment, or other personal property shall remain in Contractor until.fully paid for by City. II. TASK ORDERS AND WORK CHANGES A. Task Orders. All Work will be ordered by Task. Order in written form (email is acceptable) sufficient to describe the. scope of work requested. Task Orders may but need not. define a "not to exceed without permission" budget for the Work. Task. Orders shall be performed in accordance with the. terms of this Agreement,. and must be issued. by the City's Representative (as defined herein) or his or her delegate- and sent. to the Contractor's Representative (as defined herein) or his or her delegate. 2 B. Change. Order Defined. A "Change Order" means a written modification of this Agreement, signed by representatives of City and Contractor with appropriate. authorization and in accordance with the City's Purchasing Policy and any City budget. restrictions. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification. by City that the Work was actually performed and costs actually incurred in`accordance with the.Agreement.. Compensation .for Work performed and, if applicable, reimbursement for costs incurred shall. be paid to Contractor upon City's receipt and approval of invoices, setting forth in detail the services .performed and costs. incurred, along with all. supporting .documents requested by City to process the invoice. Invoices shall. be submitted on a monthly basis. City shall pay Contractor within thirty (30) days after approval of the. invoice by City staff. B: Maximum Contract Price. The total amount paid during the initial Term of this Agreement or during any single renewal term as compensation'for Work perforined shall not, in any case, exceed $49,000.00 (the "Maximum Contract Price"), except: as outlined in a Change Order described in Section U(B) above. The compensation for Work performed shall be based upon the hourly worker rates and cost rates set forth in Exhibit. "W. C. Reimbursement. for Costs. The Maximum Contract. Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work .and:complete :the Project, and reimbursement for costs incurred shall be Iimited as follows: Contractor shall be reimbursed for costs in the types and at the. rates set forth in Exhibit "S". IV. COVENANTS OF CONTRACTOR A. Expertise of Contractor; Licenses,: Certification and Permits. Contractor accepts the relationship of trust and confidence established between it and City; recognizing that City's intention and purpose in. entering into this Agreement is to engage an entity with the requisite capacity, experience, and professionalskill and judgment to proivide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. Contractor shall employ only persons duly qualified in the appropriate. area of expertise to perform the Work described in this Agreement. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by. any and all national, state, regional, county, or local boards; agencies; commissions,committees.or other regulatory bodies in. order to perform the Work. contracted for under this Agreement. Further, Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent.professionats and in compliance with all federal,state, and local lawsj regulations, codes, .ordinances; ovorders applicable to. the Project, including, but not. limited to, any .applicable. records retention requirements. and Georgia's Open Records Act. (O.C.G.A. § 50-18771., et seq..). Any additional work or costs incurred.: as a result -Of error and/or omission. by Contractor as a result of not meeting the..applicable standard of care or quality will .be provided by Contractor at no additional cost to City. This provision shall survive termination of this Agreement_ B. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's profession and industry, Contractor will give written notice immediately to City. C. City's Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor's Work performed under this Agreement. Contractor acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Contractor's Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor's Representative. Peter F. Meer [riNSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assienment of Aereement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Contractor shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor snail defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees 4 and costs. of defense ("Liabilities"), which may arise from or be the result of an alleged willful; negligent or tortious act or omission arising out of the Work, performance of contracted services., or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor .or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided. that this indemnity obligation. shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this. Agreement. Tbis indemnity obligation. shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist: as to any party or person described in this. provision. In any and all claims against an Indemnified .Party, by any employee of Contractor, its subcontractor, anyone directly Or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be. limited in . any way :by :any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workersor workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Paxty(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. A. Independent Contractor. . Contractor hereby covenants and declares that it is engaged in an independent business and.agrees to perform the Work as an independent contractor and. not as the agent or employee of City. Nothing in this Agreement shall be construed to make. Contractor or any of its employees, servants., or subcontractors, :an. employee, servant or agent of City for any purpose. Contractor agrees to.be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such. Work the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of Contractors, agents or employees to complete the Work; and the payment of employees, including Benefits. and compliance with Social. Security, withholding. and all other regulations governing such matters.. Contractor agrees to be solely responsible for its: own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of . this Agreement with Contractor. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of `the services to be performed by Contractor or to exercise a measure of control over such services. will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. It is further understood that,.this.Agreement is nat exclusive, and City may hire additional entities to perform. the Work related%to this Agreement. Inasmuch as City and Contractor are independent of each other, neither has the authority to bind the other to any third. person or otherwise to act in any way as the representative of the other, unless otherwise .expressly agreed to in writing signed by both Parties hereto. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee: of Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then 5 only far the :limited purpose stated in such authorization. Contractor shall assume full liability for any contracts: or agreements Contractor ethers into on behalf of City without the express knowledge and prior written consent:of City. I. Insurance: (1) Requirements: Contractor shall have and maintain in fall force and effect for the duration of this Agreement, insurance insuring against claims for injuries topersons or damages to property which may arise from or in connection with the performance of the Work by. Contractor, its agents, representatives, employees .or subcontractors. All. policies shall be .subject to approval by City as to form and content. These requirements aresubject to amendment or waiver if .so approved in writing: by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain :the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,00.0 (one million dollars) combined single limit per occurrence and. $2,000,000 (two million dollars) aggregate for comprehensive coverage including far bodily andpersonal. injury, sickness,.disease or death, injury to or destruction. of property,. including lossof use resulting therefrom. (b) Commercial Automobile Liability (owned., non -owned, hired) coverage. of at least 51,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction.of property, 1. neluding loss of use. resulting therefrom. (c) Professional Liability of at least $1,000;000 (one. million dollars) limit for clailons arising out of professional services and caused by Contractor's .errors,.omi.ssions, or negligent acts. (d) Workers' Compensation limits as required by .the State of Georgia and. Employers' Liability limits..of $.1,000,000 (one million dollars) per occurrence or disease. (If Contractor .is.a sole proprietor, who is Otherwise. not. entitled to :coverage under..Georgia'.s Workers" Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board. of Workers' Compensation -and the Commissioner of Insurance. The amount of such :coverage. shall be the . same as what.is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Contractor shall provide a certificate. of insurance. indicating that such doverage has been. secured and that no individual has been excluded.from coverage..) 0 (e) Commercial Umbrella Liability Coverage: $ _N/A_ per occurrence shall. be provided and will apply. over all liability policies, -without exception,.including:hut not limited to Commercial General Liability, Commercial Automobile Liability; Employers' liability, and. Professional Liability. (3� Deductibles and Self. -Insured Retentions: Any deductibles or self-insured retentions -must be declared. Wand approved by City in writing so that City may ensure the financial solvency of Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain:, the following provisions respectively:. (a) General Liability, Automobile Liability. and (if applicable) Umbrella. Liability Coverage. (i) Additional:. Insured Requirement. City and City's elected and appointed officials,. officers; boards, commissioners, employees, representatives; :Contractors, servants, agents and volunteers (individually "Insured. Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability. arising Out. of activities -performed by or .on behalf of Contractor; products. and completed operations of Contractor; premises owned, leased, or:used by Contractor; automobiles owned, leased., hired, or borrowed.by Contractor. The coverage shall: contain nospecial. limitations. on the .scope of protection afforded to the insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to. any Insured .Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement.. Contractor's insurance .coverage shall beprimary noncontributing insurance as. respects to any other insurance or -self-insurance available.to the Insured Parties. Any insurance. or self-insurance maintained by the Insured. Parties shall be in excess of Contractor's insurance and shall. not contribute with it. (iii} Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to .the Insured Parties. 7 (iv) Separate Coverage. Coverage shall state .that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is. brought, except with respect to.limits of insurance provided. (v) Defense Costs/Cross Liability.. Coverage shall be provided on a "pay on. behalf' basis, with defense costs .payable in addition to policy limits. There. shall be no cross liability. exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation. against. the Insured Parties for losses arising from Work performed by Contractor for City. (6) Workers' Compensation Coveraize... The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties. for losses. arising from Work performed by. Contractor for City. (c) All Coverages. (i) Notice Requirement.. Each insurance. policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (3D). calendar days prior written notice (or 10 calendar days if due to non=payment) has. been given. to City. City reserves the. right to accept alternate notice terms and provisions, provided they meet. the minimum requirements. under Georgia law. (ii) Starting and Ending Dates_ Policies shall have concurrent starting:and ending:dates. (iii) Incorporation of Indemnification Obligations. Policies shall. include an endorsement incorporating the indemnification. obligations assumed by Contractor under the terms .of this Agreement; including but not limited to Section W(G) of this Agreement. (S) Acceptability of Insurers: The .insura.nce to be maintained by Contractor must be issued.. by a company licensed or approved by the .Insurance Commissioner to transact business in the State of Georgia. Such insurance pp licies. shall be placed with insurer(s) with an A.M. Best. Policyholder's rate .of no less than "A-" and with a financial rating of Class VII or greater. The Contractor shall be responsible for any delay resulting. from. the :failure of its insurer to provide proof of coverage in the proscribed. form. 9 {5) Verification of Covera e- Contractor shall famish to Cityfor City approval certificates of insurance and endorsements to the. policies evidencing all coverage required by this Agreement prior to the start of. '"'orlk. Without limiting the general scope of this requirement, Contractor : is.. specifically required to provide an endorsement naming City as. an:additional insured when required. The certificates of insurance and. endorsements for each insurance policy are to be on a form utilized.by Contractor's insurer in its normal course of business and are to be signed by a person authorized. by that insurer to.. bind coverage .on its behalf, unless alternate sufficient. evidence of their validity and incorporation into the policy is provided. City. reserves the right to require complete, certified copies of all. required insurance .policies at any time. Contractor: shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that. its insurance policies. (as described herein) cover all subcontractors and the Work performed by such subcontractors:.or (2) .ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to. all of the requirements stated in this Agreement, including, but not limited to, naming the Insured.Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims=made insurance policy for at least six (fi).years after termination or final payment under the Agreement; whichever is inter, and have an effective date which is on or prior to.the Effective Date_ (9) City as Additional Insured and Loss Payee: City shall be named as an additional :insured and loss payee -on. all:policies required by this.Agreement, except City need riot be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy_ (1Q) Progress Payments: The making of progress payments to Contractor shall not be construed as relieving Contractor ar its subcontractors or insurance. carriers froth providing the.coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited. —E -Verify Affidavit: Pursuant to O.C.G.A. § 13-10-91,. City shall not enter into a contract for the physical performance of services unless: (1:) Contractor shall: provide evidence on City -provided .forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to D.C_G.A. § 16=10=71), that it and Contractor's GN subcontractors have. registered with, are authorized to use and use: the federal work authorization program commonly known as E -Verify; or any subsequent replacementprogram,. in accordance with tb& applicable provisions and deadlines established in:a.C.G.A.. § 13-1.0-9.1, and that they will. continue` to use the federal work authorization .program throughout the contract period, or (2) Contractor provides evidence that it is not required to provide an affidavit because itis an individual (not a company) licensed pursuant to. Title. 26or Title. 43 or by the State..Bar of Georgia and. is in good standing. Contractor hereby verifies. that, it:. has, prior to executing this. Agreement, executed a notarized affidavit, :the form of which -is :provided in Exhibit "D", and submitted such affidavit to: City or provided City with evidence: that it is an individual not required to provide such an:affidavit because it is Iicensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees. to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, n.C.G.A. § 13-10-91. and. Georgia Department. of Labor Rule 300-10-1.-.02. In the event Contractor employs or contracts with any subcontractors) in connection with the. covered contract, Contractor agrees to secure.. from such subcontractors) attestation. of the subcontractor's compliance with C.C.G_A. § 13-10-91 and. Rule.. 30010-1:-..02 by the subcontractor's execution of the subcontractor affidavit; the form of which is attachedhereto as Exhibit "E" , which subcontractor 'affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed . and in good standing ,as noted in sub -subsection (2) above. If .a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business: days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to D. C.G.A. § 13-10.91, the City -Manager or his/her designee shall be authorized to conduct an inspection of Contractor's and Contractor's: subcontractors' verification process at anytime .to determinethat the verification was correct and complete. Contractor and Contractor's subcontractors :shall retain all documents and records of their respective verification process. for a period of five (5) years fall.owing:completion of the contract. Further, where Contractor is required to provide an affidavit pursuant. to O.C.G.A. § 13-10-91; the'CityManager or his/her designee shall ftrther be authorized to conduct periodic. inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering. into. a contract with. City. Contractor and Contractor's subcontractors agree to .cooperate with any such investigation by . making their records and personnel available upon reasonable. notice for inspection and questioning. Where Contractor at Contractor's subcontractors are found to have employed an unauthorized alien; the City Manager or His/her designee may report same to the Department of Homeland Security. Contractor's failure to cooperate with the investigation may be. sanctioned by termination of the Agreement, and Contractor shall be liable .for all -damages and delays occasioned..by City thereby. 1.0 Contractor agrees that the employee -number category designated below is applicable to Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91_1 [MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. X Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Contractor in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Contractor shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems 11 and software. (3) Audits and Inspections: At any time during .normal business hours -.and: as often as City may deem necessary, Contractor shall make available to City or. City's representative(s) for examination .all Records. Contractor will permit City or City's representative(s) to audit, examine; and make`excerpts or transcripts from such Records. Contractor shall. provide proper facilities for City or City's representatives) to access and inspect the Records, or, at the request.of City, shall make: the Records available for.. inspection at City's office. Further, Contractor shall permit. City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal. hours of business for the .purpose of evaluating. Contractor's compliannce with the terms of this Agreement. In such instances, City or City's representative(s). shall not interfere with .or disrupt -such activities.. Z. Ethics Code. Conflict of Interest. 'Contractor agrees that it shall not engage in .any activity or conduct that would result. n. a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this. Agreement, Contractor shall immediately.notify City. If City determines that conflict of interest exists, Citymay require that Contractor take. action to remedy the conflict of interest or terminate the. Agreement without liability. City shall have'the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not. notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Contractor and City acknowledge that. it is prohibited.for any person to offer, give, or agree to give any City employee or official, or for any City :employee or official. to:. solicit, demand, accept, or agree to accept front 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, claire or controversy, 'or other particular matter, pertaining to any. program requirement or. a contract or. subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment; gratuity, or offer of employment to be made by or on behalf of .a sub -Contractor. .under a contract. to the prune Contractor .or higher tier .sub - Contractor, or any person` associated therewith, as: an. inducement for the award of a;subcontract or order. M. Confidentiality. Contractor acknowledges thatit may receive. confidential information of City and that it will protect the confidentiality of any such confidential information ,and will require any of its subcontractors, Contractors; and/or .staff to likewise protect. such confidential information. Contractor agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement t2 shall not be made available to, or discussed with, any individual or organization, .including the news media,without prior written approval of City. Contractor shall exercise reasonable precautions to prevent the unauthorized. disclosure and use of .City information whether specifically deemed confidential or not. Contractoracknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further- acknowledges that if Contractor submits records .containing trade secret information, and if Contractor wishes to keep such records confidential; Contractormust.submit and attach to such records an affidavit affirmatively declaring that specific .information in the. records constitutes trade secrets pursuant. to Article 27 of Chapter I of Title 10, and the Parties shall follow the. requirements of 0.C.G.A. § 50 18-72(a)(34) related thereto. .N_ Reserved. O: Meetings. Contractor is required to meet with City's personnel, or designated representatives, to resolve technical or contractual. problems thatmayoccur during.the Term of this Agreement at no additional cost to. City.. Meetings will occur as problems arise and will. be coordinated by City. City shall inform Contractor's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business. days prior to the date of the meeting. Face-to-face meetings are desired. However, at Contractor's option and. expense; a conference call meeting may be substituted. Consistent failure to participate in problem. resolution meetings, two consecutive missed or rescheduled meetings, or failure -to make a good. faith effort to resolve problems,, may result in termination of this. Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants .and. declares that. it has obtained. all necessary approvals of Contractor's board of: directors, stockholders, general partners., .limited partners %or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Q.. Reserved. R. Nondiscrimination. In accordance with Title Vl of the Civil Rights Act of 1964, as amended, .42 U_S.C✓ . § 2.000c1, 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. § 1;2132, and all other provisions of Federal law, Contractor agrees that, during performance of this Agreement, Contractor, for itself,its assignees. and successors. in interest,willnot.. discriminate against any :employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, . age or. disability.. In addition, Contractor agrees to comply with all applicable implementing. regulations and shall include the provisions of. this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Contractor and all necessary equipment as required for Contractor to complete the Work;. provided that Contractor 13 shall not unreasonably encumber the Project site(s) with materials or equipment: .S. Ci 's Representative. Dennis Miller shall be authorized to act on City's behalf with respect to: the Work as City's designated representative on this Project; provided that any changes to the Work. or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Contractor shall have no .right to terminate this Agreement prior to completion of. the. Work, except in the event. of City's failure to. pay Contractor within thirty (30) calendar days ofContractor providing City with notice of a delinquent payment and an opportunity to. cure.. In the. event of Contractor's breach or default under this Agreement, City may terminate this Agreement for cause. City shall .give Contractor at least: seven (7). calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor_ If Contractor fails to cure the breach or default within that seven (7). day period,. or otherwise remedy the breach or default to the reasonable satisfaction. of.City, then City may; at. its election; (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Contractor for the costs of curing the defaultagainst any sums due or. which .become due to.Contractor under this. Agreement;. and/or. (c) pursue. any other remedy then available, at. law or in equity, to City for such. default. C. Statutory Termination. In compliance WithO.C.G.A_ §.36-60.13, this Agreeriient shall be deemed terminated as provided in Section i(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such ,time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment i.Tnon Termination. Upon termination, City shall provide for payment to Contractor for services rendered and, where authorized, expenses incurred prior to the: termination date; providers that, where this .Agreement is: terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as :determined. at the time of termination, not otherwise covered :by the remaining .unpaid Maximum Contract Price.. .E: Conversion to Termination for Convenience.. If City terminates this Agreement: for cause and it is later determined that City did not have grounds to do so,. the. termination will be converted to and treated as a.termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Contractor shall:. (1) promptly discontinue all .services, cancel as many outstanding. obligations as possible, and not incur any neve obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, :reports, summaries,. and. such other information and materials as may have been generated or used by Contractor in performing this Agreement, whether completed or in, process, 14 in%the form specified by City. G. Reservation of Ri .hts : and Remedies. The. rights and remedies of City and Contractor provided in this Article are in addition to any other rights and remedies. provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement.. This Agreement,. including any exhibits hereto, constitutes the. complete agreement between the Parties and supersedes any and all other agreements; either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to.. the subject -matter of this Agreement not container) in this Agreement shall be valid or binding. This Agreement may modified or..amended only by a written Change Order (as provided in. Section 11 above) or other document sighed by: representatives of bath. Parties with appropriate authorization. & Successors and Assigns. Subject to the provision.of this Agreement regarding assignment, this Agreement shall be binding on the heirs; executors, administrators; successors and assigns of the.respective Parties. C.. Governing Law, This Agreement shall. ;be governed by and construed in accordance with .the :laws of the State. of. Georgia without regard to choice of law principles.. If any Action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes.and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia,: or the U.S. District Court for the Northern District. of Georgia --- Atlanta. Division, and Contractor submits to the jurisdiction andvenue of such court, D. Captions and Severability. All .headings herein are intended for convenience and ease.of reference purposes onl.y:.and in. no way define; limit or describe. the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any articles) or section(s) of this Agreement, or any part thereof, later be deemed illegal, nvalid.or unenforceable. by a court of competent jurisdiction, the offending portion of the Agreement should be severed,.. and the remainder of this Agreement shall remain in full force and effect -to the extent possible as: if this. Agreement had: been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts,: or portions that may for any reason be hereafter declared in valid. E. Business License: Prior to commencement of:the Work to be`provided hereunder, Contractor shall apply to City for a business license,:.pay the. applicablebusiness license fee, and maintain said business license during. the Term of this Agreement; unless Contractor provides evidence that no such license is required. F. Notiees. (1) Communications Relating to Day -to -Day Activities. All 1.5 communications% relating. to the day-to-day activities of :the Work shall be. exchanged between City's Representative (named above) for City and Contractor'sRepresentative (named .above) for Contractor: (2) Official Notices, All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered,. or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parry at the address given below, or at a substitute address previously flimished to. the. other Party by written notice in accordance herewith.. NOTICE TO CITY shall be sent to: City.Manager City of Milton,. Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR. skull be sent to: Meer Electrical Contractors, .Inc. 405 Tidwell Dr Alpharetta, GA 30004 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon. strict compliance by Contractor with this Agreement, and no custom or practice of City at variance with. the terms and conditions. of this Agreement shall constitute a:general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Contractor with the terms and conditionsof this .Agreement. Further, no express waiver shall affect any Term or Condition other than the one specified id such waiver; and that one only for the. time and manner. specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without -limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights;. This Agreement shall be exclusively for the benefit of the Parties and.shall not provide any third parties with -any remedy, claim, liability, reimbursement, .cause of action or .other right. J. Sovereign Immunity; Ratification. Nothing contained:in this. Agreement shallbe.. construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this. Agreement by a. majority of the Mayor. and City Council 16 shall Authorize the Mayor to execute this Agreement. on behalf of City. Y. No Personal Liability. Nothing herein shall. be construed as creating any individual or personal liability on the part ofany of City's elected or appointed officials, officers, boards, commissions, employees, representatives, Contractors; servants,. agents, attorneys or volunteers. No such. indi-victual shall be personally liable to.Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor or on any obligation under the terms: of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not. subject Contractor's individual employees,. officers, or directors to. any personal contractual liability, except where Contractor is a sole proprietor. The Parties agree that, except where Contractor.is a sole proprietor, their sole and. exclusive remedy;. claim, demand or suit fpr contractual liability shall be directed .and/or asserted only against Contractor .or City,. respectively, and not against any elected .or appointed official, of'f'icers, boards, commissions, employees, representatives; Contractors, servants,: agents, attorneys and volunteers. L. Counterparts; Agreement Construction and.1"terpretation.. This .. — Agreement may be executed in any number of counterparts, each of which shall be deeined an original, but all of which taken together shall constitute. one. and. the same instrument. Contractor represents that. it has reviewed and become'familiar with this Agreement and has .notified City of any .discrepancies, conflicts or errors herein. In the event of a. conflict in the. terms. of this Agreement and/or the. exhibits attached hereto, the terms mostbeneflcial to City shall govern. The Parties hereto agree that,. if an ambiguity or question of intent or interpretation arises, this Agreement is to be: construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible` for drafting one or more provisions of the Agreement.. In the.interest:of brevity, the Agreement may omit. modifying words such;as "all" and "any" and articles such as "the and "an," but the fa.ctthat a modifier or an article is absent from one statement and appears in another isnot intended to affect the interpretation of either statement. Words or terms used as nouns. in. the Agreement shall be inclusive of their `singular and plural forms,. unless the context of their usage clearly requires -contrary meaning. M. Force Maieure. Neither City. nor Contractor shall. be liable for its respective non - negligent or.non-willfu1 failure to perform or shall be deemed. in default with: respect to the failure. to perform (or -cur e a .failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) :any cause: beyond its. respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the .performance of any portion of this Agreement legally impossible; (iv) earthquake, fire;. explosion or flood; (v) strike. or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor;. (vi) delay or failure to act by any governmental or military authority; or (.vii) any war, .hostility, embargo, sabotage, civil. disturbance, riot, insurrection: or.invasiom In such :event, the time for perfonriance shall be extended by an amount of time equal to. the period of delay caused by such acts, and all other obligations shall. remain intact. N. Material Condition. Each term of this. Agreement is material, and Contractor's breach: of any term of this .Agreement shall beconsidered a material breach. of the entire Agreement 17 and shall be grounds for termination or exercise of any other remedies available to City at law or in equity.. IN. WITNESS WHEREOF City and. Contractor have executed this Agreement; effective as.of the Effective Date first above written: [SIGNATURES ON FOLLOWING PAGE] l8 CONTRACTOR: Meer Electrical Contractors, Inc. Signature: Print Name: Peter F. Meer Title: President/Vice President (Corporations :.^....~`'•ti. [CORPORATE SEAL] (required if corporation) Attest(Witness: Signature: u4t�'V—f hv-lu PAfit Name: dy M ee r .-TYitie- - Secreta /Treasurer (Assistant) Corporate Secretary (required if corporation) - r Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 19 [CITY SEAL] EXHIBIT "A" M-11TON'lP UTABL1SIItD 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 18-FMO1 City of Milton On -Call Electrical Services Due Date and Time: January 11, 2018 Fax: 678-242-2499 Local Time: 2:00 pm EST Number of Pages: 47 ISSUING DEPARTMENT INFORMATION Issue Date: December 14, 2017 City of Milton Phone: 678-242-2500 Facilities Management Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonaa.us Milton, Ga. 30004 2006 Heritage Walk INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/ Package: Offeror Phone Number: RFP Number: 18-FMOI City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, Ga. 30004 December 28, 2017 Email questions to Honor Motes at h0n0Lmotes@cjNofmiltonga.us .............. CONDITIONS _..... __............ _._ IMPORTANT: SEE STANDARD TERMS AND OFFERORS MIST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2OD6 Heritage Wolk M11ton, GA 3OW4 P: 678.242.25001 F: 678.242.2499 info(gc4ofmittonga.us I www.cityofmHtongo.us 0000 2 1 RFr 18-FMOI TABLE OF CONTENTS Cfferor's RFP Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section. 2: RFP Standard Information Section 3: Scope.of Project Section 4: Offeror Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Informafion Standard Contract 3 RFP i 8- A01 OFFEROR'S RFP CHECKLIST The 10 Most Critical .Things to Keep in Mind when Responding torah RFP for the City of Milton 1. Read theentire document. Note critical items such as: mandatary requirements; supplies/services required submittal dates: number of copies required for submittal; funding amount and source; confract requirements. (i.e., contract performance.security, insurance requirements, performance and/or reporting requirements,.etc:). 2. Note. the procurement officer's name, address,phone numbers and email address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you May have. 3. Attend the pre -qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the.project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP_ 4.. Take advantage of the ".question and answer" period. Submit your:questions to. the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formdi "addenda" issued for the RFP. All. ad.dendaAssued for an RFP are posted on the d.OAS website at http:Ilssi.dods.stdte.ga.us/PRSdpr)/PR index.iso and on the City's website at httP:J/www.cYYofmI1tongd.vs will include: all questions asked -and answered concerning the RFP. 5: Follow fhe format required in :the RFP when preparing your -response. Provide point -by - point responses to all sectionsin a clear and concise manner. 61 Provide complete: answers/descripfions. Read and answer all questions.and requirements.. Don't assume the City or evaluafian committee will know. what your company capabilities are or what items/services you can provide, even if you have previously contracted with the. City.. The submittals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided,: i.e., cover page, san)pie budget form,. cedification forms, etc. 8: Check the.website for RFP addenda. Before submifting your response, check fhe ROA5 website at. http://ssi.doos.st6te.6a.Us/PRSo]2R/PR index.isp and the City website at htfn:Uwww.cityofmiltonga_us to see whether.any addenda were issued for the RFP. If so, you must submit.a signed.cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document.again to make sure that. you have addressed all requirements. Your original response and the requested .copies.must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. l:Q. Submit your response. on time. Note all the dates and. times listed in the Schedule of Events and within the document, and be sure to submit all. required. items on time. Late submittal responses are never accepted. This checklist is Provided for assistance only and should not be submitted with Offeror response. 4 1 RFP 18-FM41 NA I1'( I\� I *N ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amountivolue and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 1 RFP 18-FMOI ..................... . CIS I LTO NlIr I5TASiiSE E & MUST BE RETURNED WITH PROPOSAL RFP 18-FMQ1 PROPOSAL LETTER We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal {RFP} - 18-FMa1, City of Milton On -Call Electrical Services. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Date 6 1 RFP ]S -FMO] mit-1-0 �klt ESTABI HEM MUST BE RETURNED WITH PROPOSAL 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 City of Milton On -Cali Electrical Services City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in (city). (state). Signafure 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: 7 1 RFP 18-FMOI ................. SCHEDULE OF EVENTS Task Date Issue RFP December 14, 2014 Deadline for Questions December 28, 2017 Answers Posted by the City (Addendum) On or about, January 4, 2018 Proposals Due By January 11, 2018 Award Contract February 19, 2018 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http:/hNww.cityofmiltonga.us) OR THE DOAS WEBSITE(http:l/ssi.doas.state.ga.us/PRSapp/PR index.jsv) FOR ADDENDA AND SCHEDULE UPDATES. 8 1 RFP i B-FlAv 1 SECTION 1: PROJECT OVERVIEW![ AND. INSTRUCTIONS 1.0 BACKGROUND AND:STATEMENT OF INTDENT The City of Milton is requesting sealed proposals.. from qualified Offerors. with demonstrated. professional. competence and experience to provide for the services. as specified in the Scope of Work (Section 3). The awarded contractor's. main office address must be located within 15 road miles from the intersection of Thompson Road and Redd Road, the approximate geographical center of the Cfty of AAiiton. The awarded contractor rrmust also have a sufficient number of quali#ied. .personnel to dandle all electrical services needed by the City .according to: the required. response times. The City of Milton may award multiple non-exclusive contracts. However,. the City reserves the right to award the RFP to one Contractor if needed The City desires a three (3) year agreement which is renewed.annually. A list of existing City facilities and grounds is attached herein as examples only. The number may change without prior notice. The selection will be based on overall price, services, performance, reliability and location of the proposers. It is the intent to award: this RFP to "Full Service Providers". The City's needs are outlined in the following Request for Proposal (RFP). All offerors must comply with all .general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this. Request for Proposals (RFP) is issued until an Offeror is selected, Offerors are not allowed to communicate -with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single paint of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage Wali, Milton, GA.30004 Telephone Number: 678-242-2507 E-mail Address:. honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory .requirements, specifications, standard terms and conditions, and standard. contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP:.. B. Form of Questions. Offerors with questions or requiring clarificafion or interpretation of any ..section within this RFP must submit their questions in wrifing. via email to 9 j RFP 1 B-FMOI the. procurement office referenced above on or before.5 PM (EST) on December 28, 2017.Each question must provide clear reference to the section., page, and item in question. Questions received after the deadline may not be considered.. C. Cify's Answers.. The City will provide an official written answer to all.questions. on or about January 4, 2018. The City s. response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City.. Any formai written addendum will be posted alongside the posting. of the RFP at http://www.cityofmiltonga.us. or http://ssi.doas.state.ga.us/PRSapp/PR_Index.jsp. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. Bysubmitting a response to this RFP, Offeror agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement. office referenced above by the date for receipt of writtenleTmailed questions or with the Offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect if will have on the Offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring Offeror during .contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Offerors submitting a response to this RFP. E. Mandatory. Requirements. To be eligible for consideration: an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offerors RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.0 1 RFP 18-Fs31 1.4 5LImtrm. PROPOsALs Offerors must organize their proposals into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed; first page of this document) 2. City of Milton Disclosure form (signed). 3. City of Milton Proposal letter ('information entered) .4. Technical Proposal: Each Technical Proposai Shall be: a. No more than six (6) single sided pages (three pages if double sided) 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum. of 1.1 point font c. Stapled or spiral -bound. No binders Each. Technical Proposal Shall Contain: a. Design Team (2 pages) - include project staffing, qualifications of the design team, and what sets. the team apart b. Work. Plan (2 pages) - provide an. anticipated project schedule, any anticipated challenges, and any innovative approaches c. Related Projects and References (;2 pages) 1. Describe. at least 3 similar projects with references and. the degree of involvement of the team d. Pricing (See Section 5) 5. Applicable Addenda Acknowledgement Forms. (if necessary). .0fferors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions .may be subject to point deductions. The City may also choose to; not evaluate, may deem non-responsive,. and/or may disqualify from further consideration any qualifications. that do not follow this RFP format, are difficult to understand, are difficult fo read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and three (3) copies of each submittal (plus .a CD or Flash Drive) should be provided to the City. Proposals must be received at 1.1 I RFP i 8--FMOf the Finance department receptionist's desk in City Hall prior to 2:00 pm, local tirne, January 11, 2018..Emalled responses to re uests for proposals are not acceptable. Proposals will be opened at approximately 2;05 pm and names of Offerors will be announced. *Important to remember when submitting digital files: 1. Mark all C -'s or Flash Drives with Offeror's name and RFP number and title. 2. All digital files must be in either {unless otherwise specified within. this document): a. Microsoft Office fiie.format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If.the Cities are unable to open files due. to data corruption, password or encryption error, etc.; the Offeror's proposal may be considered incomplete. 4..NOTE-Al I digital copies: must include exactly the same information os provided in the hard copy "Original". D. Late Proposals. Regardless of cause, late proposals: will not be accepted and will automatically be disqualified. from further consideration. It shall be the Offeror's sole. risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and maybe returned to the Offeror at the expense of the Offeror or destroyed if requested. 1.5 OFEROWS CERTIFICATION. A. Understanding o€ Specifications and Requirements. By submitting a response to. Phis :RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing arid. delivering responses to this RFP and any subsequent .presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is. not liable for any expense incurred by the Offeror in. the preparation and presentation of their proposals. 12 1 RFP 18-FMO i B. All Timely Submitted Materials Become City Pro erf . All materials submitted. in response to this R.FP become the. property of the City of Milton and are to be appended to any formal .documentation, which would further define or expand any contractual. relationship between the City and Offeror resulting from this RFP process. 13 l RF -P 1.87FM01 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP; will be used. 2.1 OFFEROR COMPETITION The City encourages free and. open competition among Offerors: Whenever possible; the City will design specifications, proposal. requests: and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound., cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A: Public Information. All information received in response to this RFP, including copyrighted material, is deemed. public: information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked; separated, and documented; (2) matters: involving. individual safety as determined .by the City of Milton; (3) :any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFPs the procurement office will review the proposals and separate out .any information that meets the referenced exceptions in Section 2.2(A) above; providing the following conditions have been met: 1. Confidential information is clearly marked. and separated from the rest of the submittal. 2. An affidavit from an Offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each sulomittai containing trade secrets. Please coritact. Honor Motes.for additional information. Information.separated out under this process wil1.be available for review only by 'the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay: all legal costs and. fees associated. with def end a claim for confidentiality in 14 1 RFP 18-FMOI ............................................................................................................................................................................ . the event of a ''right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A, lnifial Classification of Prmosais as Responsive or Nonresponsive. Proposals. may be found nonresponsive at any time during the evaluation processor contract negotiation, if any of the required information Js not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Resgonsibilify. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces. that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining. proposals and recommend whether to .award the contract to the highest scoring Offeror or, if necessary, to seek discussion negotiation in order to determine the highest scoring offeror: Ali. responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted. industry standards and a comparative evaluation of all other qualified RFP responses. These. scores will be used. to determine. the most advantageous offering to the City. D. Completeness of Proposals. Selection and award. will be based on the Offeror's proposals and. other items. .outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Inters}et websites or libraries, unless specifically requested. Information or materials. presented by Offerors .outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award., and may result in the Offeror being. disqualified from further consideration. E. Opportunify for Discussion/Negotiation andlor Oral Presentation/Producf Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors 15 1 RFP 18--HA01 should clarification or :negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their.RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror's expense. F. Best and Final Offer. the "Best and Final Offer" is an. option available to the City .under the RFP process. which permits the City to request a. "best and. final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer, which.. must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award.. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract. award, the procurement officer may issue ❑ "Request for Documents Notice" to the highest scoring Offeror to obtain the required insurance. documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no world may begin until a contract signed by all parties is in place. 1. Contract Negofiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest. score and is, therefore, the most advantageous to the City. If contract negotiation. is .unsuccessful or the highest scoring Offeror fails. to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. J. Contract Award. Contract award, if.any; will be made to the highest scoring' Offeror who provides all. required documents and successfully completes contract negotiation. 16 1 RFP I 8-FM4 i 2.4 RIGHTS RESERVED While the city has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best inferest,. the City, in its sole discretion, reserves the right to: l : Modify: cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select an Offeror without.holding interviews, 4. Waive any undesirable.,.. inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarificatiorn, b. Not award if.it is in the best interest of the City not to proceed with contract execution; or 7. if awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 17 1 RFP 18-FM01 SECTION 3: SCOPE OF PROJECT 3.1 City's Intent The City of Milton, Georgia, ;requests sealed proposals to the City of Milton for on- call.. electrical services for all its facilities.; buildings, parking lots, grounds and Right of Ways./Roundabouts. The locations include but are not limited. to: CITY HALL CAMPUS ------ ----- BR.OADWELL PAVILION----_--_— BETH WELL COMMUNITY CENTER. THOMAS 5: BYRD.SR. HOUSE FIRE STATION 41 ---------------. FIRE STATION.: 42 ------------------ FIRE STATION .43 PUBLIC WORKS YARD --------------- BELL MEMORIAL PARK ------ ---- PROVIDENCE PARK --_—__-_—__—_ FRIENDSHIP PARK` ---------------- FREEDOM PARK —__---_ BIRMINGHAM PARK ------------ PUBLIC SAFETY FACILITY proposed) ROW/ROUNDABOUTS 3.2 Obiective 2006 HERITAGE WALK 1261:5 BROADW ELL RD. 2695 HOPEWELL RD 15690 HOPEWELL RD 12675 ARNOLD MILL 15240THOMPSON RD 750 HICKORY FLAT RD 16050 OLD BULLPEN RD 15245 BELL PARK DR 13440 PROVIDENCE PARK ❑ 1.2.785 BIRMINGHAM HWY 13200 DEERFIELD PKWY 750 HICKORY FLAT RD HIGHWAY 9 To provide all supervision, labor, tools, equipment, and services to perform electrical services as needed for the City of Milton, These services include; but are not limited to, replacing light bulbs, Gomactors, connectors; wiring, fuses, breakers; installing new circuits including underground); #fixtures, fransformers and photo. cells on City facilities, buildings, parking lots, ball fields, right of way, etc. These services are to be performed on a task order basis. The City shall not assume any liability for vandalism or theft of any materials, tools, or equipment. 3.3 Contract'or's Responsibilities The Contractormust demonstrate the flexibility of performing multiple assignments for emergency and non -emergency calls.. The Contractor shall ensure their capacity to perform work under this contract regardless of obligations elsewhere. Ground surface protection (e.g. plywood) shall be utilized on all athletic/recreational fields or landscaped areas where heavy equipment is used 1.8 1 RFP 1.8-F1V17 i in the performance of a. task .under this. contract. Contractor shall be liable for damages to grounds. or facilities. Contractor employees shall be attired in a company uniform with either a name tag or badge that displays their name.. Background. checks. for all contractor employees may be required by the City and will be performed by the City through the City's Police Department. 3.4 Safe It is the responsibility of the Contractor to implement safeguards in compliance with OSHA standards to. eliminate accidents, down time and mistakes, while facilitating. quality workmanship in adherence to all. local, state. an.d. federal laws as applicable. Also the Contractor shall be responsible for the safety of employees and any unsafe acts or conditions that may cause injury or damage to any persons or property around the work site. 3.5 Licenses, Permits, and fetes The Contractor shall pay forall. required for this project and will comply with all laws, ordinances, regulations, and. building code req uirerrle.nts applicable to the work being performed. The elected contractor must have a certified master electrician with a class 2 electrical contractor license on its staff during the term of the contract as well as at least 1 member with a low voltage contractor license. The Contractor shall obtain all permits for inspections;. tests and other services required for completion of the work. Fees will be waived for all permits issued by the City of Milton for work associated with this agreement. Inspections shall be scheduled by the Contractor. 3:4 Time Requirements For routine projects or repairs, Contractor shall commence. to perform .task. within two (2) days: of verbal or written task order notice. For emergency projects and repairs,. the Contractor shall provide the City with a contact person's name and. telephone number with voice mail paging or an answering. service. Contractors using voice mail. paging or an answering service shall be required to initiate a call back to the City within 15-25 minutes and respond to the site within two (2) hours, preferably sooner. Emergency services shall be available 24 hours per day 365 days per year. 19 RFP I &I=mo SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE. The City may make such investigations as deemed necessary to determine the ability of. the Offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested .in providing: the services described in this RFP should be able to demonstrate experience in the areas described in Sectio n.3. 20 1 RFP 18-FMOI .............. SECTION 5: COST PROPOSAL N/1 ISTABLIS17ED MUST BE RETURNED WITH BID RFP 18-FMD1 One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder. Print/Type Company Name and Address: Authorized Signature Date Print/Type Name Print/Type Title *See Cost Proposal Sheet Below* 21 1RFP 18-FMOI ........................................... MUST BE RETURNED WITH BID RFP 18-FMOI Task Cost Proposed Rates — Electrical Services 1 Percentage Mark-up for Materials % 2 Percentage Mark-up for Rental Equipment % 3 Service Call Cost— per Project $ Normai Hour Labor Rates Normal hours ore any time between 5:00 AM until 5:00 PM Monday through Friday, excluding holidays 1 Hourly Rate for Electrician $/hour 2 Hourly Rate for Helper/Assistant $/hour After Hour Labor Rates "After hours is any time other than Monday— Friday 8:00 AM until 5:00 PM, including holidays 1 Hourly Rate for Electrician $/hour 2 Hourly Rate for Helper/Assistant $/hour Equipment Rates List contractor owned equipment associated with underground and overhead electrical work, (i.e. directional boring machines, bucket trucks, scissor lifts, trencher, back hoe, scaffolding). Include details regarding size and ability such as working height of bucket truck. List hourly cost of equipment. 1 2 3 4 5 5 7 8 9 10 22 1 'PFS 1 8-FM0 i SECTION 6: EVALUATION CRITERIA. 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the criteria fisted. below: Proposals riot meeting the minimum technical. requirements and those who are non-responsive will not be considered. Positive or negative City of Milton experiences are part of the evaluation. Lack of service experience with the City is not a. detriment to the evaluation as long as positive references. and experiences can be produced. Location evaluation is determined by proximity to City facilities. a nd grounds. The City may request short-listed proposers to meet with City Staff for evaluation purposes. Proposal Evaluation Criteria: Ability, Location;. Hours of Operation, References, Service 50% Experience,. Performance Liability, and City of Milton Experience (if any) 0 Price (Section 5:0) 50% 23 j .RFl "IS -N.01 SECTION 7: STANDARD CONTRACT INFORMATION 7:0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offeror should. notify the City of any terms within the standard. contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of wriftenle=mailed questions or with the Offeror's RFP response. Any requests for material; substantive; important exceptions to the standard contract will. be addressed in any formal written addendum issued by the procurement officer in. charge of the solicitation. The City reserves the right to address any nonce material, minor, insubstantial exceptions to the standard contract with the highest scoring Offeror at the time of contract negotiafion. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Offeror. The contract language contained in:Appendix. A does not define the total extent of the contract language that maybe negotiated. In the event of a dispute as to the duties and responsibilities of the parfies:under this contract, the contract, along with any attachments prepared by the City, will govern in the same. order of precedence as listed in the contract. 7.2 SUBCONTRACTOR The highest scoring Offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any sub=contractors. All sub - .contractors, if any, must be fisted in the proposals. The City reserves the right to approve all sub -contractors. The Con tractor.s be responsible to the City for the acts and. omissions of all sub -contractors or agents and of persons directly or indirectly employed by such sub -contractors, and for the .acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual. relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract.. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Contractor is required. to supply the City of Milton with proof of compliance with 24.1. RFP 18-FN�01 the Workers' Compensation Act while performing work for the City. Neither the. Contractor nor its employees are employees of the City. The proof of insurancelexemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept:current for.the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO. VENDORS WH0 FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work:under this contract, fully comply with all applicable federal, state; or local laws, rules and regulations, including the Civil Rights Act of 3964;. the Age Discrimination Act of 1975, the. Americans with Disabilities Act of 1990, and. Section 504 of the Rehabilitation Act of 19.73. Any subletting o.r sub -contracting. by the Contractor subjects. sub -contractors to the some provision. The Contractor agrees that the hiring of persons to perform the. contract will be made on the basis. of. merit and qualifications and there. will be no discrimination based upon race, color, religion, creed, political ideas, sex, age; marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. Sample contract. intentionally omitted as superseded by actual contract. . "EXHIBIT B" 201 RFP 18-;:M01 SECTION 5: COST PROPOSAL MUST BE RETURNED WITH BID RFP I8-FM01 One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the alcove named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder. Print/Type Company Name and Address: Meer Electrical Contractors, Inc., alba Meer Electric 405 Tidwell Drive, Alpharetta, GA 30004 Authorized fr Print{Type Name Peter F. Meer, Vice President Print/Type Title Mice President *See Cost Proposal Sheet Below* 21 MUST BE MURNED WITH RID RFP i, - I. Toss Cost' i PercentageriarkaUp fair MAterials . 75 Percentage Mirk up fear Rental Equipment 20 °ro Sarvice CDl Cos,' --per project Labor--- fdorma� Hour ormathours.are cant' time berwee.n &O0 AM;' U' nOf 5:00 PA -1 M onday thr'oagh Friday, excluding hpIidoVs ticaur t. Rate for Electrician �goau€�r icuOy1rytryfor i�... . . Aaaa Lii A�n?p�luded ;p rat e3Gyy�i3{i . ..�,�.. Ar",'4�Fu.r. Labor kaCes .. 't4.i- g_.. ft-] hob , is any gyie othnrfhanJoo APO .. .'Vydj5.0PM includinolidays I Mf.y .d..s.wid�Fy.�..._ for-Electric...G.�d. HourlyRate or -Elect ryry4ian t.. .�. iLlp ' L Hourly Rate for iielper/Assistant .y..:..�i_p:.�.....L.'.W�.i.u...�.. �... . / in .yVa...}Ye 15i GG3CS[�i C�4iCCJ.i�F pfd tll l dtiwit t SSC7tifit�E 'LNE i LindL-rgro nd dnd ov--'head elec ricai worA, (r.e;' di-eci:i6naf ,boving e'F"1achbies tiCYcket.truck:. 56550pltf$, trencher, i]i'dGkhoe, scaffL3(tding): and 00ity such as worfrtny.height. cf hock -t t3'ock. List:ho-;Hy rose of equipment. nir, ��donai: drill. able tea hare. 00 ft, and p=al( back up tra. ?_ C pipe. `. $5t��i. G per .crag€ Rackhoe #1 able to dig up tp:6.deep € fi100.66 user day Backhr'1' 2 able to dig m7 'tail£;�.......__�.......-.._.._-.-....__'"__""i43ii.SIV per day ...._.--i7 { {'€enth .F ible to 'ddigj to 4 ft -deep an6t'€} wide. 11 iS,Kis€' liftt.We to Z6 F i.�..SO rda y: .C£aCh 1 SonzontaI gmind p€ercling tragal .gyp to . atrrl dia r€ aer w t3 per day.. .Side Jay Side utility Vehicle .(used for bal fieid: ply��c od-prote�tiori� $Sme 'er day. £l Special event 'unit vAtF€"26 temp: panels a.nd 4 miles cif cable depends on 4aVent 11 Undergr6wid to ating equipment $5M0 Per day 1� I:IndergrouAd fault finder 525 la infrared. imaging camera. $S0.£i per. .4ay W Meer Electri C City of Milton Request for Proposals On -Call Electrical Services RFP Number 18-FMo1 .January 11, 2015 'it rSIABL:SIIED2 % CITY Of MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 18-FMOI City of Milton On -Call Electrical Services Due Date and Time: January 11, 20118 - Local Time: 2.00 pm EST Number of Pages: 47 ISSUING DEPARTMENT INFORMATION Issue Date: December 14, 2017 City of Milton Facilities Management 2006 Heritage Walk Milton, Ga. 30004 .......... Phone: 678-242-2500 Fax: 678-242-2499 Website: www. cit ofmi#on a.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: Meer Electrical Contractors, Inc. RFP Number: 18-FMOI City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Qtlice Special Instructions: 2006 Heritage Walk Milton, Ga. 30004 Deadline for Written Questions 7701-998-8709 December 28, 2017 offeror E-mail Address: _ Email questions to Honor Motes at Peter@rneerelectric.corn honor.motes olmiiton a.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Autho ' Meer Electrical Contractors, Inc. 4015 Tidwell Drive Peter F. deer Alpharetta, GA 300104 Please print name and sign in ink Offeror FAX Number: Offeror Phone Number: 770-993-8028 7701-998-8709 Offeror Federal I.D. Number: offeror E-mail Address: _ 6&1564690 Peter@rneerelectric.corn OFFERORS MUST RETURN THIS COYER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 3OW4 0000 P:678 -242.2500[R678-2412499 info6cityofmiltongu.us 1 www.cityofmiltongo.us 4 1 RFF 18 -FMO i ESTABLISH ED 2Daf, CITY OF MILTON DISCLOSURE FORAM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offerar Meer Electrical Contractors, Inc., dba Peer Electric Name and the official position of the Poulton Official to whom the campaign contribution was made (Please use a separate farm for each official to whom a contribution has been made in the past two (2) years.) none List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official- Amount/Value n/a Description n/a Please list any family member that is cvrrenfly for has been employed within the las# 12 months) by the City of Poulton and your relation: Na n/a 5 1 RFP , 8 --FMO i FSTAKI5lit D 2W6 MUST BE RETURNED WITH PROPOSAL RfP 18-FMOI PROPOSAL LETTER We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal [RFP] - 18 -FMC 1, City of Milton On -Call Electrical Services_ It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications_ We further agree, if awarded a contract, to deliver goads and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. i agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Cade of Georgia Annotated, Sections 45-1 C�-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature ©ate Pdnt/Type Name Peter F. Meer, Vice President Print/Type Company Name Meer Electrical Contractors, Inc., dba Meer Electric City Of Milton On -Call Electrical Services> RFP Number 1S-FMQ1 Meer Electric Technical (Design) Team Employee Name Yrs of Yrs of Service licenses/Certifications Electrical with Experience Meer Electric Peter Meer 32 32 Unrestricted Electrical License Federal Signal Corp Qualified. Associate Richard peininger 26 26: _ Unrestricted Electrical License Graduate of I.E.C. Apprenticeship Schaal Richard McClure 17 17 _ Unrestricted Electrical License Federal Signal Corp. Qualified Associate Brian Wood 14 9 j On -The -Job Training at Meer Electric i Chris Henson 146 Ori The -Jab Training at Meer Electric Sahand Shaiceri5 On The Joh Training at.Meer Electric Federal Signal Carp Qualified Associate Robert Snodgrass 5 4.5 1.E.C. 4th Year Apprentice with On -The -Job Training of Meer Electric Richard McMahan :5 4 I.E.C. 4h Year Apprentice with On -The -:lob Training at.Meer Electric City of Milton On --Call Electrical Services. RFP Number 18-FM01 Meer Electric Technical (Design) Team Any of the key personnel that will be involved with. any aspect of this Contract.have 5 to 32 years of experience in providing electrical services. All employees are required to attend weekly stiff meetings that include continuing education in any Electrical Code changes and ongoing safety education.. Many Meer Electric employees came to our Company with little or no electrical experience.. if so, the employee. sta rtsas a Helper, learning the trade eithe.r.through the Independent Electrical Contractors Association Apprenticeship Prograrn which includes on-the-job training or through working with one of the experienced Technicians who train them as they work every day. In this way,. employees: learn the Meer Electric attention to detail, importance of exceptional customer service, compliance with the National Electrical Code, and safety as a top priority. our Technicians are promoted through. this program. Some employees are further trairied. in the use and maintenance of different pieces of equipment or specialized tools. This allows us to have more specialized talents Within our Company. Every Meer Electric employee has undergone a background check, drug testing arid. is required .to wear a Meer.Electric uniform- Many of our Supervisors, Technicians and Helpers have been with Meer Electric for over 5`years with some who have helped us build our business for 14 to 26 years:. Meer Electric's goal is. to provide the highest. quality service with complete customer satisfaction, and we have spent .34 years doing just that.. Citv af. Muton On -Cali Electrical Services RFP Numbers &FM01 Meer Electric. Mork Plan We at Meer. Electric appreciate the opportunity to submit a proposal for the Cin -Call Electrical Services for the City of Milton. Meer Electric was established by Rick and Judy. Meer in March of 1984:a nd we. have been providing superior electrical services to commercial; municipal and residential customers for 34 years in the North Metro area. our son, Peter, who is Vice president and Chief operations officer, has heIpad us build our business and our reputation as one of the most dependable, efficient,, trust worthy and value oriented coritractvrs in the Atlanta area.. We are. proud. of the relationships we have built with our customers as the electrical contractor they can trust to handle all their electrical needs. We offer a wide variety of services including; but not. limited to, troubleshooting electrical problems, replacing light bulbs; contactors,.:cvnnectors, wiring; fuses; breakers; insta€ling new circuits [including underground]; fixtures, transformers and photo cells on City facilities,.buildings, parking kits, Pull fields, right of Way,..etc. In addition to 8 service trucks, we have a 50' bucket truck, 2 underground boring rigs, underground locating equipment, an infrared thermographic camera; and tractors with backhoes that allow us to )^candle almost any maintenance, installation or repair. These and other s.pecia[ty tools allow us to tackle almost anything that needs to he done in the most expedient and thorough manner. Meer Electric is experienced in many different services.. For many years, we have provided power for Special Events in the Cities of Alpharetta and Roswell. We have. a Special Events Unit with 25 temporary panels. and 4 miles of cable to reach vendors. needing power, We have utilities vehicles used to lay down ballfield plywood protection. when using our bucket truck to maintain field lighting. We also understand the importance of quick response time and getting the job done right when.Ahe City of Milton has an electrical problem or need that is interrupting their operations. Someone. at Meer Electric can be,reached or will call back within 15 -25 minutes,, 2 ho.u.rs per day, 365 days per year for emergency service with response to the site within two hours. For routine projects or City of Milton On-Call Electrical Services RFP Number1 S-FMO Meer Electric Work Plan Page 2 repairs, Meer Electric will be able to provide service within two days of verbal or written task order notice. when our truck arrives, there will be a Technician and a Helper with a fully stocked service truck and the tools and equipment needed to complete whatever services are required. Over the years, we have provided the City of Milton with quality service for electrical installations, maintenance, and repairs at City facilities. We look forward to continuing to provide that dependable service to the City of Milton through the contract being offered by the City. We appreciate the opportunity to present our proposal for that contract. Sincerely, MEER ELECTRIC !u y Meer, Owner Meer Electric City of Milton Ern -Call Electrical Services RFP Number 18--FM01 References Roswell Recreation and Parks— Rusty Pruitt 770-641-3705 rpruitt@i-osweligov.com 38 Hili Street, Suite 100 Roswell, GA 30075 9/14/17 Roswell Mill, 95 Mill Street Replaced i+6) bulbs, (2) ballasts, and (1) photocell 11./1/17 Roswell Area Park, 10495 Woodstock Road Replaced {5) Metal Halide 1t300Vd tamps 11/20/17 East Roswell Park, 9000 Fouts Road installed new 10 KVA Transformer 12/2/17 Roswell Town Square, 510 Atlanta Street Replaced 12 GFCI exterior outlets Checked, tested Christmas lights Provided Technician on stand-by for duration of Christmas Tree Lighting Alpharetta Parks— Ruby Flynn 678-297-51.23 rFlynnAalpi�aretta.ga.us 11915 Wills Road - T Alpharetta, GA 30009 1.1/16/17 Wills Park, Wills Road To Replaced (37) 1500 Watt Metal Halide bulbs 11/20/17 Replaced (21) 1500 Watt Metal Halide ballasts Replaced [3) Mogul sockets 11/17/17 Webb Bridge Park, 4780 Webb Bridge Road Baseball Fields, Soccer fields, Tennis Courts Replaced (51) 1500 Watt Metal Halide bulbs Replaced (7] 1500 Watt Metal Halide ballasts 8/23/17 Wills Park, Wills Road Pulled neva switch leg for Scoreboard #3 6/15/17 North Park, 13450 Cogburn Road Repaired junction boxes and fittings going into J -boxes Repaired (7) poles Repaired junction boxes at ballfield light pole base Meer Electric - RFP Number 18-FMOl References — Palxe 2 City of Alpharetta/Special Events - Becca Raymond 678-297-6000 brayrnon.d@alpharetta.ga.us 2 Park Plata Alpharetta, GA 30009 10/9/17 Wire & Wood Songwriters Festival, Alpharetta Install (8) temporary outlets at services Provide Technicians on stand-by for day of event Install (9) temporary panels Provide generator for food trucks and tent lighting Provide (2) small generators for lights on fence Remove outlets after event 5/29/17 Street Fest. Alpharetta Installed (10) temporary outlets at services Provide Technicians on stand-by for day of event Installed (5) panels for fond trucks Remove (10) outlets after event City of Milton Parks and Recreation —Jim Cregge 678-242-2489 Jim_Cregge@cityofmilton.1ga.us 10/3/17 Bell Memorial Park, 15245 Bell Park Road Troubleshoot (2) Pole lights out Replaced (2)150 Watt bulbs 5/31/17 Broadwell Pavilion, 12615 Broadwell Road Added 20 AMP feed with weatherproof GFl for rain bird Replaced (3) bulbs on hanging lights in pavilion 3/27/17 13000 Deerfield Parkway and Bell Memorial Park Took projector screen down and moved it to Bell Memorial Park Added outlet at Bell Mernorlai Park 12/9/16 Bell Memorial Park, 15245 Bell Park Road Installed (6) 100 Amp single phase meters and panels Installed (6) lockable timeclocks Installed (6) diffusers in existing pole lights b J RFP 3 8 -F -N4 t 1 fST,i5C35tfi[l rOC4 MUST BE RETURNED W17H PROPOSAL CONTRA00k 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- 10-9 1, 3-1(-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 appiicable provisions and deadlines established in O.C.G.A. § 13-1G-91. Furthermore, the undersigned contractor will continue fo 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-I0-91 {b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 107624 eVerify Number March 17, 2608 Cate of Authorization Meer Electrical Contractors, Inc. Name of Contractor City of Milton On -Cali,• Electrical Services City of Milton Name of Public Employer I hereby declare under penalty of penury that the foregoing is true and correct. Executed on%j� .. J -L 201 L in jty � } (state *Ve ('•� 4 Signature of Authorized Officer or Agent Peter F. Meer, Vice President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED SWORN BEFORE ME ON TjH`IS)THE ��D��rA/IY OF 42{31. Amix i iL li`IIC NOTAFAY puBuC [NOTARY SEAL] Aftn CM*. GWRGLA My Commission Expires: my coff M soms EXHIBIT "C". See Exhibit "A." cand Exhibit ".B'' EXHIBIT "D" See Exhibit "B " STATE OF _ COUNTY OF EXMBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A, § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) 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-i0-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor City of Milton On -Call Electrical Services Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 0 MILTON'IP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2018 FROM: Steven Krokoff, City Manager a AGENDA ITEM: Approval of a Task Order to Provide Construction Inspection Services for Land Development Activities MEETING DATE: Monday, March 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IA PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: krYES () NO CITY ATTORNEY REVIEW REQUIRED: (.KYES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: >IC�i z` '' 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltongo.us I www.cityofmiltongo.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on February 27, 2018 for the March 5, 2018 Regular City Council Meeting Agenda Item: Approval of a Task Order to Provide Construction Inspection Services for Land Development Activities _____________________________________________________________________________________ Project Description: The City of Milton issued a RFP for City Program Management Services including inspection services for land development activities. This task order for inspection services will ensure that land development activity carried out within the city is in conformance with approved plans and permits issued by the city. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 100-4101-521200003 Requisition Total: $150,000 Vendor DBA: BM&K, PC Financial Review: Bernadette Harvill, 2/27/18 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 11/22/17 Attachment(s): Task Order TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR LAND DEVELOPMENT ACTIVITIES THIS TASK ORDER between the parties is entered into pursuant to a pre-existing Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant" and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. 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: Description of Services: The City is requesting construction inspection services for land development activities within the city. The services to be provided under this task order shall ensure that land development activity carried out within the city is in conformance with approved plans and permits issued by the city. Inspectors will be issued permitted drawings by the City as the basis for performing inspections. Qualified inspectors shall be provided to ensure that all work and materials conform to the requirements of the approved plans, and specifications. The Consultant shall keep detailed and accurate records of the daily operations and will be required to utilize inspection and reporting software as may be required by the city. Timing: This task order will begin upon execution and end upon expiration of the underlying Professional Services Agreement, unless sooner terminated in writing by the City. Compensation: This task order shall not exceed $150,000 based upon an hourly rate of $68/hour. Attachments: GDOT Specification Section 105 - Control of Work Approved by City Council Mayor Date See following page for additional signatures 2006 Hediage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242.2499 Info®cityofmiltonga.us l Www.cityofmltonga.us 0000 N".1 ! 1. 1 ) [% it ISTADL]SH 1006 CITY OF MILTON: Title: r ' Name: Date: _!/1211 7 O— 2006 Heritage Walk Milton, GA 30004 0000 CO AN . By: _ Title:` Name: U Date: P: 678.242.25001 F: 678.242.2499 info@cityofmiitonga.us I www.cityofmiltonga.us Section 105—Control of Work 105.01 Authority of the Engineer The Engineer will decide all questions that may arise as to the quality and acceptability of materials furnished, work performed, and the rate of progress of The Work; the interpretation of the Plans and Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. The Engineer will determine the quantities of the several kinds of work performed and materials furnished which are to be paid for under the Contract and his determination shall be final. The Engineer will have the authority to suspend The Work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the workmen or general public; for failure to carry out provisions of the Contract, or for failure to carry out orders; for such periods as he may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of The Work; or for any other condition or reason deemed to be in the public interest. The Contractor may request and will receive written instructions from the Engineer upon any important items. After the Contract has been executed, and before work begins, the Engineer may designate a time and place to hold a Preconstruction Conference with the Contractor. At such time, the Contractor shall furnish the Engineer with a Progress Schedule as provided in Subsection 108.03 unless this schedule has been specifically exempted by Special Provision. The Contractor will also be given a decision on any alternate Traffic Control Plan that he may have previously submitted. Any matters pertaining to order of work, interpretation of Plans and Specifications, traffic control, utility adjustments, or others, may be discussed at the Preconstruction Conference. 105.02 Plans and Working Drawings Plans will show details of all structures, lines, grades, typical cross sections of the roadway, location and design of all structures, and a summary of Items appearing in the Proposal. The Plans will be supplemented by such working drawings as are necessary to adequately control the Work. Working drawings for structures shall be furnished by the Contractor and shall consist of such detailed Plans as may be required to adequately control The Work and which are not included in the Plans furnished by the Department. They shall include stress sheets, shop drawings, erection plans, falsework plans, cofferdam plans, bending diagrams for reinforcing steel or any other supplementary plans, or similar data required of the Contractor. All working drawings must be approved by the Engineer and such approval shall not operate to relieve the Contractor of any responsibility under the contract for the successful completion of The Work. The Contract Bid Prices shall include the cost of furnishing all working drawings. 105.03 Conformity with Plans and Specifications All Work performed and all materials furnished shall be in reasonably close conformity with the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the Plans or indicated in the Specifications. Plan dimensions and contract Specification values are to be considered as the target values to be strived for and complied with as the design values from which any deviations are allowed. It is the intent of the Specifications that the materials and workmanship shall be uniform in character and shall conform as nearly as realistically possible to the prescribed target value or to the middle portion of the tolerance range. The purpose of the tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons. When either a maximum and minimum value or both are specified, the production and processing of the material and the performance of the work shall be so controlled that material or work will not be preponderantly of borderline quality or dimension. In the event the Engineer finds the materials or the finished product in which the materials are used not within reasonably close conformity with the Plans and Specifications, but that reasonably acceptable work has been produced, the Engineer shall then make a determination if the work shall be accepted and remain in place. In this event, except in cases where the appropriate price adjustments are provided for in the Specifications covering the materials and/or the finished product, a Supplemental Agreement will be executed documenting the basis of acceptance that will provide for an appropriate price Page 1 adjustment in the Contract Price for such work or materials as the Engineer deems necessary to conform to his determination based on engineering judgement. In the event the Engineer finds the materials or the finished product in which the materials are used or the work performed are not in reasonably close conformity with the Plans and Specifications; and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. 105.04 Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions These Standard Specifications, the Supplemental Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In cases of discrepancy, the governing descending order will be as follows: I . Special Provisions 2. Project Plans including Special Plan Details 3. Supplemental Specifications 4. Standard Plans including Standard Construction Details 5. Standard Specifications Calculated dimensions will govern over scaled dimensions. The Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications. In the event the Contractor discovers such an error or omission, he shall immediately notify the Engineer. The Engineer will then snake such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Plans and Specifications. A. Specifications of Other Organizations When work is specified to be done or when materials are to be furnished according to the published specifications of organizations other than the Department, the latest specifications published by those organizations at the time bids are received shall apply unless otherwise specified. AASHTO Interim Specifications and ASTM Tentative Specifications will be considered effective on date of issue. B. Item Numbers The first three digits of any Item Number in the itemized Proposal designates the Specification section under which the Item shall be constructed. 105.05 Cooperation by Contractor The Contractor will be supplied with a minimum of two sets of approved Plans and Contract assemblies including Special Provisions, one set of which the Contractor shall keep available on The Work at all times. The Contractor shall give the Work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the Engineer, Inspectors, and other Contractors in every way possible. The Contractor shall have on The Work at all times, as his agent, a competent Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, and thoroughly experienced in the type of work being performed, who shall receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute orders or directions of the Engineer without delay and to promptly supply such materials, equipment, tools; labor, and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet. Page 2 Section 105—Control of Work The Superintendent shall notify the Engineer prior to starting any Pay Item Work. The Prime Contractor shall coordinate and be responsible to the Engineer for all activities of subcontractors. _ 105.06 Cooperation with Utilities The Department will notify all utility companies, all pipeline owners, all railroad companies, or other parties affected of Award of the Contract, giving the name and address of the Contractor, and will assist the Contractor in arranging for all necessary adjustments of the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of construction. Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, railroad facilities, and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted are to be moved by the owners at their expense, except as otherwise provided for in the Special Provisions or as noted on the Plans. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present location or relocated positions, both as shown on the Plans, and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference from said utility appurtenances or the operation of moving them. Delays and interruptions to the controlling Item or Items of The Work are covered in Subsection 107.21.G. It shall be each utility owner's responsibility to plan with the Contractor a schedule of operations which will clearly set forth at which stage of the Contractor's operations the utility owner will be required to perform his removal and relocation work. 105.07 Cooperation Between Contractors The Department reserves the right at any time to Contract for and perform other or additional work on or near The Work covered by the Contract. When separate Contracts are let within the limits of any one Project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of The Work being performed by other Contractors. Contractors working on the same Project shall cooperate with each other. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his Contract and shall protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same Project. The Contractor shall arrange his work and shall place and dispose of the materials being used so as not to interfere with the operations of the other contractors within the limits of the same Project. He shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. At the request of the Structure Contractor, the Engineer will designate an area within the right-of-way, adjacent to each structure, to be reserved for use by the Structure Contractor for Storage of Equipment and Materials necessary to construct the particular structure. So long as he occupies this area, the Structure Contractor shall be responsible for its maintenance. The Structure Contractor must relinquish this area, however, as it becomes practical to utilize completed portions of the structure. 105.08 Construction Stakes, Lines and Grades (Subsection 105.08 Omitted) 105.09 Authority and Duties of the Resident Engineer The Resident Engineer, regardless of his administrative title, is the Engineer designated by the Department to be the direct representative of the Chief Engineer. The Resident Engineer has immediate charge of the engineering details of each construction Project, and is responsible for the administration and construction of the Project. Such administration includes Page 3 Section 105—Control of Work the designation of subordinates to represent him and make routine decisions. The Resident Engineer has the authority to reject defective material and to suspend any work that is being improperly performed. 105.10 Duties of the Inspector Inspectors employed by the Department are authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of The Work and to the preparation, fabrication, or manufacture of the materials to be used. The Inspector will not be authorized to alter or waive the provisions of the Contract. The Inspector will not be authorized to issue instructions contrary to the Plans and Specifications or to act as foreman for the Contractor. 105.11 Inspection of the Work All materials and each part of the detail of The Work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of The Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed Inspection. Upon the Engineer's request, the Contractor, at any time before acceptance of The Work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of The Work to the standard required by the Specifications. Should The Work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed will be paid for as Extra Work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized Department representative may be ordered removed and replaced at the Contractor's expense, unless the Department representative failed to inspect after having been given reasonable notice in writing that The Work was to be performed. When any unit of government or political subdivision or any railroad corporation is to pay a portion of the cost of The Work covered by the Contract, its respective representatives shall have the right to inspect The Work. Such inspection shall in no sense make any unit of government or political subdivision or any railroad corporation a party to the Contract and shall in no way interfere with the rights of either party hereunder. 105.12 Removal of Unacceptable and Unauthorized Work All work that does not conform to the requirements of the Contract will be considered unacceptable unless otherwise determined acceptable under the provisions in Subsection 105.03. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the Final Acceptance of The Work, shall be removed immediately and replaced in an acceptable manner. Except as elsewhere noted, no work shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans or as given, except as herein specified, or any Extra Work done without authority will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this section, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and to cause unauthorized work to be removed, and to deduct the costs from any monies due or to become due the Contractor. 105.13 Claims for Adjustments and Disputes Whenever the Contractor believes that it is or will be entitled to additional compensation, whether due to delay, extra work, breach of contract, or other causes, the Contractor shall follow the procedures set forth in this Sub -Section. Page 4 Section 105—Control of Work A. Claims For Acceleration The Department shall have no liability for any constructive acceleration. If the Department gives express written direction for the Contractor to accelerate its effort, then both parties shall execute a Supplemental Agreement as provided in Subsection 104.03. B. Claims For Delay and All Other Claims Except Acceleration The Department shall have no liability for damages beyond those items which are specifically payable under this Sub -Section. 2. The Department will be liable only for those delay damages caused by or arising from acts or omissions on the part of the Department which violate legal or contractual duties owed to the Contractor by the Department. The Contractor assumes the risk of damages from all other causes of delay. The parties recognize that delays caused by or arising from right of way problems, defects in plans or design, redesign, changes in the Work by the Department, the actions of suppliers or other Contractors, the shop -drawing approval process, injunctions, court orders and other such events, forces or factors are commonly experienced in highway construction work. Such delays shall not constitute breaches of the Contract. However, such delays may constitute a basis for a claim for delay damages, if found to be in accordance with Subsection 105.13.B.2 above and other provisions of the Contract, and/or a request for a time extension. 4. The term "delay" shall be deemed to mean any event, action, force or factor which extends the Contractor's time of performance. This Subsection is intended to cover all such events, actions, forces or factors, whether they be styled "delay," "disruption," "interference," "impedance," "hindrance", "impact" or otherwise. 5. Compliance with the provisions of this Subsection will be an essential condition precedent to any recovery of damages by the Contractor. 6. The following items, and only the following items, may be recoverable by the Contractor as "damages: a. Additional direct hourly rates paid to employees for job site labor, including payroll taxes, welfare, insurance, benefits and all other labor burdens. b. Documented additional costs for materials. c. Additional equipment costs, as determined in accordance with this Sub -Section. d. Documented costs of extended job -site overhead. (Not applicable for claims other than delay claims.) e. An additional 15 percent of the total of Subsections 105.13.B.6. a, b, c and d, which sum includes home office overhead and profit. f. Bond costs. g. Subcontractor costs, as determined by, and limited to, those items identified as payable under Subsection 105.13.B.6. a, b, c, d, e, and f. 7. For purposes of computing additional equipment costs, rates used shall be based on the Contractor's actual experienced cost for each piece of equipment. These rates shall be supported by equipment cost records furnished by the Contractor. In no case will equipment rates be allowed in excess of those determined utilizing the "Rental Rate Blue Book," with the appropriate adjustments noted in Subsection 109.05. The parties agree that, in any claim for damages, the Department will have no liability for the following items of damages or expense: Page 5 Section 105—Control of Work a. Profit, in excess of that provided herein. b. Loss of profit. c. Labor inefficiencies, except as allowed under Subsection 105.13.B.6.a. d. Home office overhead in excess of that provided herein. e. Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities and insolvency. f. Indirect costs or expenses of any nature. g. Attorneys fees, claims preparation expenses, or costs of litigation. h. Interest of any nature. 9. NOTICE OF POTENTIAL CLAIM: In any case in which the Contractor believes that it will be entitled to additional compensation, the Contractor shall notify the Engineer in writing of its intent to claim such additional compensation. Such notice shall be given in order that the Department can assess the situation, make an initial determination as to who is responsible, and institute appropriate changes or procedures to resolve the matter. a. Claims for Delay - The Department shall have no liability for any delay which occurred more than one week prior to the filing of such written notice. Failure of the Contractor to give such written notice in a timely fashion will be grounds for denial of the claim. b. All Other Claims Except Acceleration and Delay - If the Contractor does not file such written notice before beginning the work out of which such claim arises, then the Contractor hereby agrees that it shall have waived any additional compensation for that work and the Contractor shall have no claim thereto. 10. RECORDS: After filing a "Notice of Potential Claim", the Contractor shall keep daily records of all labor, material, and equipment costs incurred for operations affected. These daily records shall identify each operation affected and the specific locations where work is affected. The Department will also keep records of all labor, material, and equipment used on operations affected. At the time and place, as designated by the Engineer, on Monday, or the first work day, of each week following the date of filing a "Notice of Potential Claim", the Contractor shall meet with the Department's representative and present the daily records for the preceding week. If the Contractor's records indicate costs greater than those kept by the Department, the Department will present its records to the Contractor. The Contractor shall notify the Engineer in writing within three (3) work days of any inaccuracies noted in, or disagreements with, the Department's records. Refusal or repeated failure by the Contractor to attend these weekly meetings and present its records will constitute a waiver by the Contractor of any objections as to the accuracy of the Department's records. When the Contractor makes an objection as to the accuracy of the Department's records, the Engineer shall review the matter, and correct any inaccuracies he finds in the Department's records. For purposes of computing damages, the Department's records will control. In the event the Contractor wishes to contest the accuracy of the Department's records, it may file a petition pursuant to Rule 672-1-.05 of the Official Rules and Regulations of the Department of Transportation. The decision of the Engineer, or, if contested, the decision of the Agency, will be final and binding upon the parties as to any objections to the accuracy of the Department's records, subject to the Contractor's right to judicial review under O.C.G.A. Section 50-13-19. 11. On a weekly basis after filing a "Notice of Potential Claim" for delay damages, the Contractor shall prepare and submit to the Engineer written reports providing the following information: Page 6 Section 105—Control of Work a. Potential effect to the schedule caused by the delay. b. Identification of all operations that have been delayed, or are to be delayed. c. Explanation of how the Department's act or omission delayed each operation, and estimation of how much time is required to complete the project. d. Itemization of all extra costs being incurred, including: 1) An explanation as to how those extra costs relate to the delay and how they are being calculated and measured. 2) Identification of all project employees for whom costs are being compiled. 3) Identification of all manufacturer's numbers of all items of equipment for which costs are being compiled. C. Required Contents of Claims All claims shall be submitted in writing, and shall be sufficient in detail to enable the Engineer to ascertain the basis and the amount of each claim. The claim submission shall include six (6) copies. All information submitted to the Department under this Subsection will be used exclusively for analyzing the claim, resolving the claim or any litigation which might arise from the claim. At a minimum, the following information shall be provided: 1. A description of the operations that were delayed, the reasons for the delay, how they were delayed, including the report of all scheduling experts or other consultants, if any. (Not applicable for claims other than delay claims) 2. An as -built chart, CPM scheme or other diagram depicting in graphic form how the operations were adversely affected. (Not applicable for claims other than delay claims except where an extension of time is sought) 3. A detailed factual statement of the claim providing all necessary dates, locations and items of work affected by the claim. 4. The date on which actions resulting in the claim occurred or conditions resulting in the claim became evident. 5. A copy of the "Notice of Potential Claim" filed for the specific claim by the Contractor. 6. The name, function, and activity of each Department official, or employee, involved in, or knowledgeable about facts that gave rise to such claim. 7. The name, function, and activity of each Contractor or Subcontractor official, or employee, involved in, or knowledgeable about facts that gave rise to such claim. 8. The identification of any pertinent documents, and the substance of any material oral communication relating to such claim. 9. A statement as to whether the additional compensation or extension of time sought is based on the provisions of the Contract or an alleged breach of Contract. 10. The specific provisions of the Contract which support the claim, and a statement of the reasons why such provisions support the claim. 11. The amount of additional compensation sought and a break -down of that amount into the categories specified as payable under Subsection 105.13.13.6, above. 12. If an extension of time is also sought, the specific days for which it is sought and the basis for such request. Page 7 1. 91 1" • • •" 's D. Required Certification of Claims When submitting the claim, the Contractor shall certify in writing, under oath in accordance with the formalities required by Georgia law, as to the following: 1. That the claim is made in good faith. 2. That supportive data are accurate and complete to the Contractor's best knowledge and belief that the amount of the claim accurately reflects what the Contractor in good faith believes to be the Department's liability. The Contractor shall use the CERTIFICATE OF CLAIM form, which can be obtained from the Department, in complying with these requirements. E. Auditing of Claims All claims filed against the Department shall be subject to audit at any time following the filing of such claim, whether or not such claim is part of a suit pending in the courts of this State. The audit may be performed by employees of the Department or by an independent auditor on behalf of the Department. The audit may begin on ten days notice to the Contractor, Subcontractor, or Supplier. The Contractor, Subcontractor, or Supplier shall make a good faith effort to cooperate with the auditors. Failure to cooperate with the auditor shall constitute a waiver by the Contractor of the claim in its entirety. Failure of the Contractor, Subcontractor, or Supplier to maintain and retain sufficient records to allow the Department's auditor to verify the claim shall constitute a waiver of that portion of such claim that cannot be verified and shall bar recovery thereunder. If the claim is part of a suit pending in a court of this state or if the claim becomes a part of a suit in a court of this state, the questions of whether the Contractor has cooperated with the auditor or failed to maintain and retain sufficient records to allow the auditor to verify the claim shall be questions for determination by the judge without the assistance of a jury. Without limiting the generality of the foregoing, and as a minimum, the auditors shall have available to them the following documents: 1. Daily time sheets and foreman's daily reports. 2. Project payroll register. 3. Profit and loss statements for the Project. 4. Payroll tax returns. 5. Material invoices, purchase orders; and all material and supply acquisition contracts for the Project. 6. Material cost distribution worksheet for the Project. 7. Equipment records (list of company equipment, rates, etc.) 8. Vendor rental agreements, and subcontractor invoices. 9. Subcontractor payment certificates. 10. Canceled checks (payroll and vendors) for the Project. 11. Job cost report for the Project. 12. Job payroll ledger for the Project. 13. General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals. Page 8 Section 105—Control of Work 14. Cash Disbursements journal for the Project. 15. Certified financial statements for all years reflecting the operations on this project. 16. Depreciation records on all company equipment whether such records are maintained by the company involved, its accountant, or others. 17. If a source other than depreciation records is used to develop costs for the Contractor's internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents. 18. All documents which relate to each and every claim together with all documents which support the amount of damages as to each claim. 19. Worksheets used to prepare the claim establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents which establish the time periods, individuals involved, the hours and the rates for the individuals. F. Mediation After compliance by the Contractor with parts B., C., D. and E. of Subsection 105.13 and if the Contractor's claim has been disallowed in whole or in part, then the Contractor may, within 30 calendar days from receipt of the ruling of the Engineer, make a written request to the Engineer that the claim or claims be referred to mediation. If requested in accordance with this specification, mediation shall be granted by the Department. In which case, within 30 days of receipt by the Department of the Contractor's request for mediation, the Contractor and the Department will meet to select a mediator. The mediator will then schedule the mediation at a place, time, and earliest date agreeable to the Contractor and the Department. The Contractor and the Department mutually agree that mediation shall be a condition precedent to the fling of any lawsuit concerning claims or alleged breaches of the Contract. The costs and expenses of the mediator, selected by mutual agreement of the parties, will be divided equally between the Department and the Contractor. Each party to the mediation shall bear its own costs of preparing for and participating in the mediation. G. Remedies Exclusive In the event any legal action is instituted against the Department by the Contractor on account of any claim for additional compensation, whether on account of delay, acceleration, breach of contract, claimed extra work, or otherwise, the Contractor agrees that the Department's liability will be limited to those items which are specifically identified as payable in this Sub -Section. 105.14 Maintenance During Construction The Contractor shall maintain the project during construction and until the Project is accepted. This maintenance shall constitute the continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that all areas of the project are kept in satisfactory condition at all times. The Contractor's area of responsibility for maintenance is confined to the physical construction limits plus any areas affected by the Contractor's activities. Once maintenance acceptance or final acceptance has been made, the Contractor is no longer responsible for damage to The Work other than that attributable to the Contractor's actions or inadequate construction. In case of separate contracts, each Contractor shall be responsible for any damage to the completed work of others caused by his actions or negligence. Where the work of one Contractor has been accepted by the Department, the Contractor performing subsequent work in the area shall be responsible for the maintenance and protection of all work previously completed. If separate bridge contracts are let within the limits of a Roadway Project and the Bridge Contractor completes his Contract before the Roadway Contractor, the Bridge Contract may be accepted and the Roadway Contractor will be responsible for maintenance of the new bridge until it is opened to traffic. If the Roadway Contractor hauls materials across the bridge the Page 9 Section 105—Control of Work Roadway Contractor shall protect the endposts, deck surface, deck edges, joints, and all other vulnerable features of the bridge by use of adequate timber or earth cushions as directed by the Engineer. The Roadway Contractor shall repair all damage caused by such use, including resealing of joints and rerubbing of finish at his own expense. All cost of maintenance work during construction and before the Project is accepted shall be included in the Unit Prices Bid on the various Pay Items and the Contractor will not be paid an additional amount for such work except as provided in Subsection 104.05.B. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall at intervals not to exceed six months, clean up and remove litter and debris; remove weeds from around guardrail, barrier, poles, standards, utility facilities, and other structures; and cut or trim trees, bushes or tall grass. These requirements shall apply to all areas within the project termini and lateral limits. 105.15 Failure to Maintain Roadway or Structures If at any time, the Contractor fails to comply with the provisions of Subsection 105.14, the Engineer will immediately notify the Contractor of such noncompliance. If the Contractor fails to remedy the unsatisfactory maintenance within 48 hours after receipt of such notice, the Engineer may immediately proceed to maintain The Work, and the entire cost of this maintenance will be deducted from monies due or to become due the Contractor under the Contract. As an alternative to the Engineer's maintaining the Work, all the Items and quantities of work done, but not properly maintained, may be deducted from the current progress estimate, even if such Items have been paid for in a previous estimate. 105.16 Final Inspection and Acceptance Upon due written notice from the Contractor of substantial completion of the entire Project, the Engineer will determine if the Project is ready for a Final Inspection. The Engineer will have the final decision on when the Project is substantially complete and thereby ready for a Final Inspection. If the Engineer finds the Project substantially complete the Engineer will schedule the Final Inspection. If all construction provided for and contemplated by the Contract is found completed to the Engineer's satisfaction and all documents required in connection with the Project have been submitted by the Contractor, the Engineer will make the Final Acceptance and notify the Contractor in writing of this acceptance. If, however, the Final Inspection discloses any work, in whole or part, as being unsatisfactory, the Engineer will provide the Contractor with a written punch -list that includes the necessary instructions for correction of same. The punch -list will also include any remaining work to be completed and any final reports and other documentation required to be submitted by the Contractor. The Contractor shall immediately comply with and execute such instructions. When all construction provided for and contemplated by the Contract is found completed to the Engineer's satisfaction, including submission of any required documentation, the Engineer will make the Final Acceptance and notify the Contractor in writing of this acceptance. When the Contractor has finished a major portion of the Contract, the Contractor may request that a semi-final inspection be made. At the discretion of the Engineer, who shall be sole judge as to making the inspection, if the work is satisfactory, as described in the first paragraph of this Section, that portion of the Contract may be accepted, opened to traffic, if not already carrying traffic, and the Contractor relieved of the maintenance obligations as described elsewhere in these Specifications. Such partial acceptance shall in no way relieve the Contractor of responsibility for satisfactory completion of the Contract, or for failure of any portion of the accepted work prior to Final Acceptance of the Project. Page 10 Cb MILK)N't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 26, 2018 FROM: Steven Krokoff, City Manager�D AGENDA ITEM: Approval of Subdivision Plats and Revisions Approval MEETING DATE: Monday, March 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (VIVO CITY ATTORNEY REVIEW REQUIRED: () YES (- -rN'O APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0 3 lost Zc G 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, Community Development Director Date: Submitted on February 27, 2018 for the March 5, 2018 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions 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 Consent Agenda Plats Staff Memo Page 2 of 5 Name of Development / Location Action Comments / # lots Total Acres Density 1. Rising Star Stables LL 987 & 1030 13200 Bethany Road Minor Plat 3 Lots 7.53 .39 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 5 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 MILTO� T Olt' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 1, 2018 FROM: Steven Krokoff, City Manage ,cA AGENDA ITEM: Consideration of RZ18-01 - 2915 Webb Road -To rezone from T-4 Open to T-5 to develop a 105,170 square foot self -storage facility on 3.339 acres by Piedmont Atlantic Capital, LLC. MEETING DATE: Monday, March 5, 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 (ANO CITY ATTORNEY REVIEW REQUIRED: () YES (4111 O APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: " 3 I is h C 1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoOcityofmiltonga.us I www.cityofmiltongo.us 0000 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 1 of 19 RZ18-01 PETITION NO. RZ18-01 PROPERTY INFORMATION ADDRESS 2915 Webb Road DISTRICT, LAND LOT 2/2 1048 OVERLAY DISTRICT Deerfield Form Based Code EXISTING ZONING T-4 Open Transect Zone PROPOSED ZONING T-5 Transect Zone ACRES 3.286* EXISTING USE Vacant office in a single family residence PROPOSED USE Self Storage Facility PETITIONER Piedmont Atlanta Capital, LLC ADDRESS PO Box 767127 Roswell, GA 30076 REPRESENTATIVE Ethan Underwood Miles Hansford & Tallant, LLC 202 Tribble Gap Road, Suite 200 Cumming, GA 30040 COMMUNITY DEVELOPMENT RECOMMENDATION – FEBRUARY 28, 2018 RZ18-01 – APPROVAL CONDITIONAL INTENT To rezone from T-4 Open to T-5 to develop a 103,509 square foot self-storage facility on 3.286 acres*. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 2 of 19 RZ18-01 PLANNING COMMISSION RECOMMENDATION – FEBRUARY 28, 2018 RZ18-01 – APPROVAL CONDITIONAL – 6-0 The Planning Commission also recommended that the development provide a four-board equestrian style fence along Webb Road or as approved by the City Architect. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 3 of 19 RZ18-01 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 4 of 19 RZ18-01 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 5 of 19 RZ18-01 CITY OF MILTON 2035 COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 6 of 19 RZ18-01 SITE PLAN SUBMITTED ON DECEMBER 27, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 7 of 19 RZ18-01 Revised Site Plan Submitted on February 12, 2018 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 8 of 19 RZ18-01 Elevation of Proposed Self Storage SUBJECT SITE AND BACKGROUND: The subject site contains 3.339 acres developed with an office converted from a single family residence. There is also a stream that runs north to south along the western portion of the site. It is located on the south side of Webb Road, west of Brickmont Assisted Living Facility. The site is located within the T-4 Open designation of the City of Milton 2035 Comprehensive Plan Map adopted on October 17, 2016. The applicant is requesting an in-fill rezoning from T-4 Open to T-5 to develop a 103,509 square foot self-storage facility within the Deerfield Form Based Code area . SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on February 12, 2018, Staff offers the following considerations: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 9 of 19 RZ18-01 DEVELOPMENT STANDARDS – T-5 Deerfield Form Based Codes Development Standards Proposed Development Lot Width – 18 ft. minimum 380 feet Lot Coverage 80% maximum 38.5 % Frontage Buildout – 50% minimum Approximately 60% Front Setback – 2 ft min – 15 ft max 15 feet Side Setback – 0 ft. min 8 feet Rear Setback – 3 ft. min 240 feet Building Height – 4 stories 4 stories PUBLIC FRONTAGES AND BUFFERS The Deerfield Form Based Code requires that along Webb Road, a minimum of 28 feet is required for curbs, walkways, Planters and landscape. The site plan indicates compliance with a 5 foot landscape strip, 10 foot sidewalk, and curb. The site contains a perennial stream that runs south to north which requires a 50 foot undisturbed buffer and 25 foot non-impervious setback from the bank of the stream. It is located on the western portion of the site and the site plan shows compliance with the requirements. Staff notes that there are pervious pavers for a portion of the parking spaces to meet these requirements for a portion of the non-impervious setback. OTHER CONSIDERATIONS The applicant is requesting to rezone from T-4 Open to T-5. Below is a chart comparing the by-right and additional Transfer of Development Rights (TDRs) that are allowed for each transect zone. PARKING This application was submitted prior to the revised parking requirements approved by the City Council on January 29, 2018. The required parking for a self-storage is 1 per employee plus 1 per 5,000 square feet. The operation will have 2 employees plus 21 parking spaces for the 103,509 square feet for a total of 23 parking spaces. The site plan indicates a total of 23 parking spaces. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 10 of 19 RZ18-01 Allowed Density based on 3.286 acres by Transect Zone (Each unit equals 2,250 square feet.) Transect Zone By Right Base Units/Density Additional Max TDRs Max Density Max Height Allowed T-4 Open 5 units 4 units 9 units 4 stories 36,967 sq. ft. 29,574 sq. ft. 66,541 sq. ft. T-5 9 units 5 units 14 units 4 stories 66,541 sq. ft. 36,967 sq. ft. 103,508 sq. ft. The applicant has been working closely with the City Architect to design the building to be in keeping with the Deerfield Form Based Code as well as with surrounding developments. In addition, the proposed development and associated site plan indicates compliance with the Deerfield Form Based Code Article 2.2 Infill Regulating Plan Requirements. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies the requirement of Sec. 64-2126. The applicant has stated the following: There are no known wetlands, floodplain, slopes exceeding 25 percent, vegetation including endangered species, wildlife species, including fish and endangered species, archeological/historical sites present. There is a stream along the western portion of the property with the appropriate stream buffers and the proposed development will not encroach into the buffers. The specimen trees, as defined in Chapter 60 (according to the tree preservation ordinance prior to February 5, 2018). ARBORIST COMMENTS Based on the tree survey provided by the applicant the tree density is met from the undeveloped portion of site. Recompense required is the following: Removal of 27” pine = 12 units = (18) 4” trees planted or $9,000 dollars. These comments are based on previous tree preservation ordinance. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 11 of 19 RZ18-01 Consider 42” white oak when locating pond. CITY OF MILTON FIRE MARSHAL The proposed site plan meets fire requirements. TRANSPORTATION Trip generation The thresholds for turn lanes are 300 daily left turns in and 200 daily right turns in. The daily distributions are based on 50% entering and 50% exiting trips. Daily Trips - 263 Daily left turns in - 66 Daily right turns in - 66 Building shall be no closer than 50’ from the centerline of Webb Rd. PUBLIC INVOLVEMENT On January 23, 2018 the applicant’s representative was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were approximately four people in attendance at the meeting. They were concerned about the density of the development and impact on nearby residential subdivisions. The applicant explained the proposed use as well as provided some sketches of the proposed architecture that had been reviewed by the City. The attendees seemed to be satisfied by the information and were not opposed to the development. PUBLIC PARTICIPATION REPORT The applicant conducted their Public Participation Meeting on February 13, 2018 at 6:30 p.m. at the Bethwell Community Center located at 269 5 Hopewell Road. The applicant and his attorney was present. There was one person in attendance that lives in a nearby residential development. Issues that were discussed were the following: traffic, light pollution, architecture and land use. The applicant explained that there would be on average no more than 4 tenants at a time on the property; lighting would be in compliance with city code; the design of the building was worked on in conjunction with the City Architect and that the proposed use was already permitted for this property. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 12 of 19 RZ18-01 CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – FEBRUARY 6, 2018  The building design is fine.  Be mindful of signage.  Height is in character with the adjacent buildings. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? It is Staff’s opinion that the proposed self-storage facility is suitable based on the adjacent T-5 Transect Zones located directly to the east and south which fronts Highway 9. The stream and its required undisturbed buffers provide a large greenspace between the use and the T-4 Open to the west that is developed with a single family residence. In addition, the Brickmont Assisted Living adjacent to the east is within the T-5 Transect Zone and also was required to purchase TDRs to complete their project. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 13 of 19 RZ18-01 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 14 of 19 RZ18-01 Existing uses and zoning of nearby property Location Parcel Transect Zone / Name Existing Developed North 1 T-4 Open / Undeveloped 30 units Northeast 2 T-5 / Shopping Center 47,300 sq. ft. East 3 T-5/Brickmont Assisted Living 67,000 sq. ft. East 4 T-5 / Morrow Family Medicine 6,000 sq.ft. East 5 T-5 / Wash Fast Car Wash 3,500 sq.ft. Southeast 6 T-5 / North Fulton Feed & Seed 3,900 sq.ft. Southeast 7 T-5 / Mr. Tire 7,800 sq.ft. South 8 T-5 / Nationwide Insurance 4,200 sq.ft. South 9 T-5 / Success Kids Learning Center 4,100 sq.ft. South 10 T-5/ Staton Air Conditioning 13,000 sq.ft. Southwest 11 T-5 / Strathmore Carpets and Pure Reef 11,700 sq.ft. Southwest 12 T-5 / Windward Way Shopping Center 16,600 sq.ft. Further West 13 T-4 Open/ Kensley S/D 65 single family units Further West 14 T-4 Open/Unique Academy 1,700 sq.ft. West 15 T-4 Open/ Single Family Home 1 unit West 16 T-4 Open/ Single Family Home 1 unit 2. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposed development will not adversely affect the existing use or usability of adjacent or nearby properties if the proposed building is designed to be in keeping with nearby developments such as the Brickmont Assisted Living to the east and commercial developments to the south. In addition, the stream and its required buffers Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 15 of 19 RZ18-01 provide a transition to the T-4 Open to the west developed with a single family residence. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned T-4 Open. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staff’s opinion that the proposal may not cause a burden on existing streets, transportation facilities, utilities and schools if approved. This is based on the 18 daily trips per day for this use. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2035 Comprehensive Land Use Plan Map –T-4 Open/ INCONSISTENT Consistent with the following Plan Policy: We support appropriate residential and non-residential infill development and redevelopment in ways that complement surrounding areas. Proposed use/density: Allowed Density based on 3.286 acres by Transect Zone (Each unit equals 2,250 square feet.) Transect Zone By Right Base Units/Density Additional Max TDRs Max Density Max Height Allowed T-5 9 units 5 units 14 units 4 stories 66,541 sq. ft. 36,967 sq. ft. 103,508 sq. ft. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 16 of 19 RZ18-01 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is inconsistent with the Plan Map recommendation of T-4 Open, it is Staff’s opinion that based on the fact that there are T-5 developments to the south and east of the property which is consistent with the proposed development. If the proposed development is approved, additional low density property zoned AG-1 will be preserved by the purchase of Transfer of Development Rights for the subject site. Based on the above reasons, Staff recommends APPROVAL CONDITIONAL of RZ18-01 to the T-5 Transect Zone. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Based on the fact that there is only one specimen tree to be replaced and the stream buffer provides additional open space and vegetation, the proposed zoning should not be environmentally adverse to the natural resources, environment and citizens of the City of Milton. CONCLUSION It is Staff’s recommendation that RZ18-01 be APPROVED CONDITIONAL from T-4 Open to T-5 based on the fact that there is T-5 directly to the south and east and the stream buffer provides transition to the T-4 Open to the west. In addition, the proposed architecture is consistent with the size and scale of nearby and adjacent developments. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 17 of 19 RZ18-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Webb Road, it should be approved for T-5 (Transect Zone) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Self-Storage Facility. b) No more than 103,508 square feet at a maximum density of 14 units per acre, whichever is less, based on the total acreage zoned. Approved unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that the use within the approved development meet or exceed all the development standards of the City of Milton. The total square foot yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on February 12, 2018*. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Architecture shall be consistent or similar in design with the elevation with “Elevation A” below and approved by the City of Milton Design Review Board. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 18 of 19 RZ18-01 “Elevation A” 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) All necessary right-of-way and easements for the proposed future construction of the Milton Trail along entire property frontage of Webb Road or construct the 10’ wide concrete trail as part of development with right of way no less than 1 foot behind back of trail. b) All necessary right of way and easements for the future construction of turn lanes, even if turn lanes are not warranted. c) Provide median in place of gore areas created by left turn lane on Webb Road as required and approved by Milton Public Works Department. d) Building or structures shall be no closer than 50’ from the centerline of Webb Rd. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 19 of 19 RZ18-01 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. ORDINANCE NO._______ PETITION NO. RZ18-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE AN INFILL REZONING FROM T-4 OPEN TO T-5 WITHIN THE DEERFIELD FORM BASED CODE FOR A SELF-STORAGE FACILITY ON 3.268 ACRES LOCATED AT 2915 WEBB ROAD. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 19, 2018 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 2915 Webb Road consisting of a total of approximately 3.268 acres as described in the attached legal description , be approved T-5 Transect Zone within the Deerfield Form Based Code for a 103,509 square foot Self Storage Facility with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1048 of the 2nd District 2ND Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Self-Storage Facility listed in the attached conditions of approval, be approved under the provisions of Article XX, Deerfield Form Based Code, T-5 Transect Zone respectively, of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any Transect Zone regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 19th day of March, 2018. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Revised Site Plan Received on February 12, 2018 MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 1, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ18-06/U18-01/VC18-01- 3505 Bethany Bend - To rezone from 0-1 (Office -Institutional) to 0-1 (Office Institutional), A use permit for a private school (Sec. 64-1831) to increase the size of the existing school from 6,000 square feet to 9,500 square feet and the number of students from 150 to 220 students and a concurrent variance to delete the landscape strip from 20 feet to 0 feet where the existing turnaround is located (Sec. 64-1090(a)) on 2.89 acres by Wisderium, LLC. MEETING DATE: Monday, March 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES ('KN0 CITY ATTORNEY REVIEW REQUIRED: () YES (-�<O APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0.3 /a°Z'?7`' 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 1 of 18 RZ18-06/U18-01/VC18-01 PETITION NUMBERS RZ18-06/U18-01/VC18-01 PROPERTY INFORMATION ADDRESS 3505 Bethany Bend DISTRICT, LAND LOTS 2/1 973 and 974 OVERLAY DISTRICT State Route 9 EXISTING ZONING O-I (Office-Institutional) - RZ15-14/U15-04/VC15-03 PROPOSED ZONING O-I (Office-Institutional) ACRES 2.89 EXISTING USE Montessori School PROPOSED USE Expand existing school and number of students PETITIONER/OWNER Wisdarium LLC – Biju Eappen ADDRESS 3505 Bethany Bend Milton, GA 30004 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION –FEBRUARY 28, 2018 RZ18-06 – APPROVAL CONDITIONAL U18-01- APPROVAL CONDITIONAL VC18-01 –APPROVAL CONDITIONAL INTENT To rezone from O-I (Office-Institutional) to O-I (Office-Institutional) and a Use Permit for a Private School (Sec. 64-1831) to increase the size of the existing school from 6,000 square feet to 9,500 square feet and the number of students from 150 to 220 students and a concurrent variance to delete the landscape strip. (Sec. 64-1090 (a)). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 2 of 18 RZ18-06/U18-01/VC18-01 PLANNING COMMISSION RECOMMENDATION – FEBRUARY 28, 2018 RZ18-06 – APPROVAL CONDITIONAL – 6-0 U18-01- APPROVAL CONDITIONAL – 6-0 VC18-01 –APPROVAL CONDITIONAL- 6-0 The Planning Commission discussed the maximum number of students that was requested by the applicant. They were concerned about at what point would the applicant be required to provide a left turn lane for the project. Staff explained that if and when the site requires the left turn lane, the applicant will be responsible to provide the traffic improvement. In addition, the Planning Commission recommended that the applicant be limited to the number of students approved by the Georgia Department of Early Care and Learning, not to exceed 220 students. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 3 of 18 RZ18-06/U18-01/VC18-01 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 4 of 18 RZ18-06/U18-01/VC18-01 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 5 of 18 RZ18-06/U18-01/VC18-01 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 6 of 18 RZ18-06/U18-01/VC18-01 SITE PLAN SUBMITTED ON DECEMBER 27, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 7 of 18 RZ18-06/U18-01/VC18-01 SUBJECT SITE: The subject site contains 2.89 acres and is developed with a newly constructed building 6,000 square foot and an older existing structure with approximately 2,000 square feet zoned O-I pursuant to RZ15-14 approved for a Private School pursuant to U15-04 in the existing building and a total of 150 students. In the applicant’s letter of intent, he states that he requests to expand the current capacity of 150 students to 220 students. In addition, the school will serve not just the current pre-school but include elementary school classes, thus the requirement for a Use Permit for a Private School . The 3,500 square foot expansion within the newly constructed building is proposed within the attic. Thus, the necessity for a new rezoning and use permit. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted on December 27, 2017 to the Community Development Department offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-730 O-I (Office-Institutional) Based on the requirements pursuant to Sec. 64-730, the site plan indicates compliance with the development standards for O-I (Office-Institutional). The applicant is requesting this zoning district for those students who are less than 4 years in age which requires a day care facility and is allowed by right within the O-I district. Staff has evaluated the existing and future right-of-way requirements based on the revised site plan received on December 27, 2017. DEVELOPMENT STANDARDS – SEC. 64-1831 – PRIVATE SCHOOL USE PERMIT Based on the requirements pursuant to Sec. 64-1831, the site plan indicates compliance with the development standards for the Use Permit. STATE ROUTE 9 OVERLAY DISTRICT The proposed expansion of the Montessori school is required to meet the State Route 9 Overlay District standards within Chapter 64, Article VII, Division 5 of the Zoning Ordinance. The site plan shows compliance with the requirements of the State Route 9 Overlay District with the exception of the following: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 8 of 18 RZ18-06/U18-01/VC18-01 Landscape Strips and Buffers The Site Plan is compliant except for the 20 foot landscape strip, with the following required landscape strip and buffers as required by the State Route 9 Overlay District:  20 foot landscape strip adjacent to Bethany Bend and Morris Roads. There is an encroachment where the turnaround is and is discussed below as a concurrent variance.  50 foot undisturbed buffer and 10 foot improvement setback along the western property line.  25 foot undisturbed buffer and 10 foot improvement setback along the southern property line. This is based on the existing zoning of O-I (Office- Institutional) pursuant to RZ03-152. VC18-01 – Delete the landscape strip from 20 feet to 0 feet where existing turnaround is shown (Sec. 64-1090 (a)). The driveway was constructed to allow the traffic to flow in a forward direction. Therefore, it is staff’s opinion that the requested concurrent variance be APPROVED based on the fact that the request complies with the considerations of Section 64-1883:  Relief, if granted, would not offend the spirit or intent of this zoning ordinance;  There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant;  Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and  That the public safety, health and welfare are secured, and that substantial justice is done. Fencing Pursuant to 64-1092 (i) the Overlay requires a black four board black equestrian fence, not exceeding 55 inches in height along Bethany Bend and Morris Road. The applicant has not indicated the type and height of fencing to be used to enclose the play areas on the site. The fence type and height shall comply with the State Route 9 Overlay District. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 9 of 18 RZ18-06/U18-01/VC18-01 ENVIRONMENTAL SITE ANALYSIS In reference to the Environmental Impacts to the site, it satisfies the requirement of Section 64-2126. The applicant has addressed the various issues outlined in the ESA report. The proposed site does contain wetlands, floodplains and streams but does not contain, steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey on the site plan. ARBORIST COMMENTS There will be no specimen trees impacted by the proposed expansion. Site density has been met through the undeveloped area. Ten foot landscape islands are required for every 6 parking spaces. With the addition of parking spaces, these islands need to be installed. CITY OF MILTON FIRE MARSHAL The Fire Marshal has no objection to the proposed site plan. All development plans and building plans will be reviewed by the Fire Marshal prior to any permits being issued. TRANSPORTATION ENGINEER Trip Generation The thresholds for turn lanes are 300 daily left turns in and 200 daily right turns in. The daily distributions are based on 50% entering and 50% exiting trips. Daily Trips - 986 Daily left turns in - 296 Daily right turns in - 197 If at such time the Department of Public Works determines that the left turns into the site impact the operations of Bethany Bend, the owner will be required to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. PUBLIC INVOLVEMENT On January 23, 2018 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were two members of the community in attendance. The community asked the applicant some general information questions about the project. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 10 of 18 RZ18-06/U18-01/VC18-01 PUBLIC PARTICIPATION REPORT The applicant held a meeting on February 12, 2018. There were seven members of the community in attendance. The community asked the applicant some general questions and the overall look of the project. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – FEBRUARY 6, 2018 Comments:  No qualms about finishing out the attic space or adding staircase on back. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed expansion of the existing Montessori school at a density of 3,500 square feet per acre is suitable based on the adjacent and nearby developments. Specifically, adjacent to the north, the subject property is zoned TR (Townhouse Residential) with a use permit for senior housing at a density of 20 units per acre and 3 stories in height. In addition, Windcrest Park further to the north is developed with townhomes at a density of 6.76 units per acre zoned TR (Townhouse Residential). Furthermore, Spring Valley townhomes are developed at 7.86 units per acre. The City of Milton approved the Comprehensive Plan Update recommending Office based on the city’s vision for the area. The Future Land Use Map indicates that the parcel to the north, zoned for senior housing is designated as Multi Family Residence. In addition, there is a large mixed use development directly to the east in Forsyth County as described in the table below. It is Staff’s opinion that the proposed expansion is suitable in view of the adjacent and nearby properties. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 11 of 18 RZ18-06/U18-01/VC18-01 Adjacent Uses Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 RZ08-08 U08-04 TR (Townhouse Residential) and Use Permit for Senior Housing 20 unit/acre 3 stories East (Forsyth County) 2 MPD (Master Plan Development) Deerfield Township 114,800 sq.ft. – retail 35,200 sq.ft. – office 300 units – CCRC 92,000 sq.ft. – self storage 283 single family units 800 multi-family units Further North 3 AG-1 (Agricultural) Scattered single family residential 1 unit per acre Northwest 4 Z97-115 TR (Townhouse Residential) Conditional Windcrest Park 6.76 units/acre 1,500 sq. ft. Northwest 5 Z99-136 TR (Townhouse Residential) Conditional Spring Valley 7.86 units/acre 2 stories 1,200 sq. ft. West 6 Z02-105 TR (Townhouse Residential) Conditional Hidden Forest 4.99 units/acre 1,500 sq. ft. attached 2,000 sq. ft. detached Southeast 7 Z96-124 T-5R and Civic Space The Preserve at Deerfield 12 units/acre 3 stories Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 12 of 18 RZ18-06/U18-01/VC18-01 ADJACENT USES MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 13 of 18 RZ18-06/U18-01/VC18-01 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposed expansion of the Montessori School will not adversely affect the existing uses of adjacent or nearby properties if approved with Staff’s recommended conditions. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable economic use as currently zoned. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? If developed with the recommended conditions, Staff does not anticipate an excessive or burdensome use of existing streets, transportation facilities, or utilities. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: – The Milton Comprehensive Plan Update recommends Office for the site. The proposed expansion is consistent with the Comprehensive Plan Update. Proposed use/density: Day Care/Montessori School 3,287.2 square feet per acre for a total of 9,500 square feet In addition, the proposed development is consistent with the following plan policies:  We will support programs that retain, expand and create businesses that provide a good fit for our community’s economy in terms of job skills required and links to existing businesses and locate them appropriately within the City.  We support appropriate residential and non-residential infill development and redevelopment in ways that complement surrounding areas. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 14 of 18 RZ18-06/U18-01/VC18-01 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? It is Staff’s opinion that since the adoption of the Plan, the surrounding development of high density residential and especially the commercial development to the east in Forsyth County and the increased traffic in the area have changed the character of this area. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use may not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the “Office” land use category on the City of Milton Comprehensive Plan Update Map. The proposed use permit for a private school is permitted in the O-I (Office-Institutional) district which is an acceptable zoning district in the “Office” land use category. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is compatible with the adjacent and nearby land uses and zoning: an approved senior living facility at a density of 20 units per acre to the north, residential development ranging from 4.99 units per acre (Hidden Forest) to 12 units per acre (The Preserve at Deerfield). In addition, although it is not in the City of Milton, directly to the east is a high intensity mixed use development in Forsyth County which will directly impact these properties. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 15 of 18 RZ18-06/U18-01/VC18-01 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance is approved. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular, pedestrian, along adjoining streets should be mitigated with the location of the entrance. 5. The location and number of off-street parking spaces; The off street parking is l ocated on the sides and rear of the existing and proposed buildings which is the appropriate location as required by the State Route 9 Overlay District. Below is a table indicating the required and provided number of parking spaces for the site. 1 parking space per 4 employees 1.7 parking spaces per 1,000 sq.ft. # of Parking Spaces Existing Building (2,000 sq. ft.) 6 employees = 2 parking spaces 1.7x2= 4 parking spaces 6 Existing Building (6,000 sq. ft.) 12 employees = 3 parking spaces 1.7x6 = 11 parking spaces 14 Proposed Expansion (3,500 sq. ft.) 6 employees = 2 parking spaces 1.7 x3.5 =6 parking space 8 Total Required 28 Total Provided 28 6. The amount and location of open space: The proposed needs to include landscape islands for every 6 parking spaces. The applicant will be required to install the landscape islands to be in compliance with the Arborist’s comment. 7. Protective screening: There is a large amount of protective screening to the west adjacent to the Hidden Forest Subdivision. A perennial stream is located along the western property line which requires a 50 foot undisturbed buffer and 25 foot non- improvement setback. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 16 of 18 RZ18-06/U18-01/VC18-01 8. Hours and manner of operation: Monday – Friday 6:30 am – 7:30 pm It is Staff’s opinion that the above mentioned hours and days of operation are reasonable for the proposed use and will be included in the Recommended Conditions. The proposed hours of operations from the existing Use Permit Considerations (U15-04) is Monday – Friday 7:30 am – 6:00 pm. 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Highway 9 Overlay District pursuant to Sec. 64-1094. 10. Ingress and egress to the property. The site plan indicates a one way in and a one way out for ingress and egress to the property. This allows the student drop off and vehicular turnaround be provided so that flow of traffic to remain forward in motion which is required per Sec. 64-1831(b)(7). CONCLUSION The proposed expansion of the school is consistent with the City of Milton Comprehensive Plan Update suggestion of Office. Based on the fact that there is higher density residential adjacent to the north, southwest and east within the City of Milton and retail commercial to the east in Forsyth County, it is Staff’s opinion the proposed rezoning from O-I to O-I is appropriate and therefore, recommends APPROVAL CONDITIONAL of RZ18-06 and U18-01. In addition, Staff recommends APPROVAL CONDITIONAL of VC18-01. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 17 of 18 RZ18-06/U18-01/VC18-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) CONDITIONAL and a Use Permit for a Private School (Sec. 64-1831) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Restrict the use of the subject property to a private school and day care facility in the existing structure on the southern portion of the site and 9,500 square foot structure at a maximum density of 3,287.2 square feet per acre, whichever is less, based on the total acreage zoned. b) Restrict the number of students to 220. c) Hours of operation shall be Monday through Friday, 6:30 a.m. – 7:30 p.m. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 27, 2017. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Prior to the issuance of a Certificate of Occupancy, comply with all regulations of the Georgia Department of Early Care and Learning. 3) To the owner’s agreement to the following site development considerations: a) To delete the landscape strip from 20 feet to 0 feet where existing turnaround is shown. (VC18-01) 4) To the owner’s agreement to abide by the following requirements, dedications, and improvements: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 18 of 18 RZ18-06/U18-01/VC18-01 a) If at such time the Department of Public Works determines that the left turns into the site impact the operations of Bethany Bend, the owner will be required to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. ORDINANCE NO._______ PETITION NO. RZ18-06/U18- 01/VC18-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM O-I AND O-I FOR AN EXPANDED DAY CARE FACILITY AND A USE PERMIT FOR AN EXPANDED PRIVATE SCHOOL (SEC. 64-1831) ON 2.89 ACRES LOCATED AT 3505 BETHANY BEND. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 19, 2018 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 3505 Bethany Bend consisting of a total of approximately 2.89 acres as described in the attached legal description, be approved Office-Institutional for a Day Care Facility and a Use Permit for a Private School with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 973 and 974 of the 2nd District 1st Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the private school and day care facility listed in the attached conditions of approval, be approved under the provisions Sec. 64-1831 and Article VI, Division 16, respectively, of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 19th day of March, 2018. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) CONDITIONAL and a Use Permit for a Private School (Sec. 64-1831) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Restrict the use of the subject property to a private school and day care facility in the existing structure on the southern portion of the site and 9,500 square foot structure at a maximum density of 3,287.2 square feet per acre, whichever is less, based on the total acreage zoned. b) Restrict the number of students to 220. c) Hours of operation shall be Monday through Friday, 6:30 a.m. – 7:30 p.m. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 27, 2017. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Prior to the issuance of a Certificate of Occupancy, comply with all regulations of the Georgia Department of Early Care and Learning. 3) To the owner’s agreement to the following site development considerations: a) To delete the landscape strip from 20 feet to 0 feet where existing turnaround is shown. (VC18-01) 4) To the owner’s agreement to abide by the following requirements, dedications, and improvements: a) If at such time the Department of Public Works determines that the left turns into the site impact the operations of Bethany Bend, the owner will be required to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. SITE PLAN SUBMITTED ON DECEMBER 27, 2017 MI. L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 1, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of U18-02/U18-03/VC18-02 -12655 Birmingham Hwy - To request a use permit for Apartments (Sec. 64-1839) and a use permit for Senior Housing (Sec. 64-1834) to develop 42 condominiums on 4.37 acres at a density of 9.6 units per acre and a concurrent variance to delete the required 300 cubic feet of separate, contiguous storage space for each dwelling unit [Sec. 64-1839 (8)] by Strawberry Fields Milton LLC. MEETING DATE: Monday, March 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (44PPROVED (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: & 51 05)2-- 18 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltongo.us I www.cityofmiltonga.us 0000 U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 1 of 17 3/1/2018 PETITION NUMBERS U18-02/U18-03/VC18-02 ADDRESS 12655 Birmingham Highway DISTRICT, LAND LOT 2/2, 1134 OVERLAY DISTRICT Crabapple Form Based Code EXISTING ZONING T-4 Open/T-5 PROPOSED USE PERMITS Senior Housing (Sec. 64-1834) Apartments (Sec. 64-1839) ACRES 4.37 EXISTING USE Single Family Residence PROPOSED USE 42 Senior Condominiums with Mixed Use Retail, Office and Loft OWNER/APPLICANT Rob Beecham for Strawberry Fields Milton, LLC ADDRESS 296 S Main Street Suite 400 Alpharetta, GA 30009 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – FEBRUARY 28, 2018 U18-02 – APPROVAL CONDITIONAL U18-03 – APPROVAL CONDITIONAL VC18-02 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION FEBRUARY 28, 2018 U18-02 – APPROVAL CONDITIONAL – 6-0 U18-03 – APPROVAL CONDITIONAL – 6-0 VC18-02 – APPROVAL CONDITIONAL – 6-0 A request for Senior Housing (U18-02) and for Apartments (U18-03) to use as 42 senior condominiums and a Concurrent Variance to delete the required 300 cubic feet of separate contiguous storage space for each dwelling unit (VC18-02) U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 2 of 17 3/1/2018 LOCATION MAP U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 3 of 17 3/1/2018 EXISTING ZONING MAP U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 4 of 17 3/1/2018 2030 FUTURE LAND USE MAP U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 5 of 17 3/1/2018 SITE PLAN SUBMITTED – JANUARY 5, 2018 U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 6 of 17 3/1/2018 SUBJECT SITE AND BACKGROUND: The subject site is zoned T-4 Open and T-5, and developed with a single family residence that has been converted into an art gallery. Located on 4.37 acres, the property is in the Crabapple Form Based Code. The applicant proposes a mixed use development, including 4 office/retail buildings, and 42 senior condominiums (at a density of 9.6 units per acre). Staff notes that the requested Use Permit for “Apartments” are for the use and not for rental of multi-family units. It is to allow for “stacked flats” and because the request exceeds 30 units it is not under the category of “Neighborhood Apartments”. The intent of the 42 units is “For Sale” and not rental. In addition, the Use Permit for Senior Housing, requires the units to be “For Sale” and not for rent. Therefore, Staff will refer to this use as “Senior Condominiums” within this report to better represent the actual use. The site plan also shows mixed use development on the western portion of the property which will be developed concurrently with the senior housing on the eastern portion of the site. The residential units on the west portion of the site are allowed by right within the T-5 transect zone. The focus of this report is on the required use permit for the 42 units of senior condominiums. SITE PLAN ANALYSIS Based on the applicant’s site plan to the Community Development Department on January 5, 2018, Staff offers the following considerations: U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 7 of 17 3/1/2018 Senior Housing (Section 64-1834) Required Standard Meets the Standard (a) All except M-1A, M-1,M-2 and un-sewered AG-1 Yes 2. Standards. (a) Building height in accordance with the underlying zoning Yes, T-4Open, 3 stories (c) No more than 20 dwelling units per acres shall be allowed in a multifamily development. Yes, 9.7units per acre proposed. (d) No dwelling unit shall contain more than two bedrooms. Not indicated (e) Multifamily dwelling units shall have a min of 600 square feet of gross floor area. Yes, 1,200 sq ft (f) A 50 foot principal building setback shall be provided for attached dwelling units adjacent to single-family residential districts or AG-1 districts. Accessory structures may be located in the rear and side yards only but shall not be located in a min yard. There are no single family uses adjacent to the site. (g) Parking spaces shall be calculated as 1(4/10) spaces per dwelling unit. Yes, 42x1.4= 59 required spaces (h) No parking shall be allowed in the min front yard setback Yes (i) Senior facilities must be served by public water and sewer Yes (j) Landscape strips and buffers shall be provided as specified in the O-I district in article III of the zoning Ordinance. Article 2.3.1 states that this requirement does not apply to FBC. (k) The property shall be deed restricted to senior housing except as provided for by fair housing laws. Yes (l) Facility shall comply with all applicable local, state, and federal regulations and copies of any applicable permit shall be provided to the community development department prior to the issuance of a certificate of occupancy. Yes (m) Projects are encouraged to incorporate easy living and applicable accessibility standards as administered and copy righted by a coalition of state citizens….. Yes (n) Housing shall have at least 80 percent of the occupied dwelling units occupied by at least one person who is 55 years of age or older which shall be verified by the property owner in a manner deemed acceptable pursuant to policies and procedures adopted by the director of the community development director. Yes U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 8 of 17 3/1/2018 Apartments (Section 64-1839) Required Standard Meets the Standard (a) Crabapple Form-Based Code, Deerfield/Hwy 9 Form Based Code. Yes—Crabapple FBC (b) Standards. 1. Required off-street parking spaces shall be no greater than 400 feet away, as measured along a pedestrian walkway, from the door of the unit they serve. Yes If 2. Apartment developments shall incorporate outdoor amenity spaces for the use of occupants, provided on the lot and available as passive or active recreational space by occupants, subject to the following: Yes a. Outdoor amenity spaces shall be provided in the ratio of 75 square feet per dwelling unit. Yes, .072 acres required. b. Outdoor amenity space may be met in one contiguous open area or in multiple open areas on the lot. To receive credit the area must be at least ten feet in both length and depth. Yes c. Outdoor amenity space may be located at or above grade. Yes, at grade d. Outdoor amenity space may be roofed but cannot be enclosed. There is a proposed amenity building, but the required open space is not enclosed. e. Outdoor amenity space cannot be parked or driven upon, except for emergency access. Yes f. In calculation the min outdoor amenity space requirement, the following can be included: swimming pools, paved surfaces and structures when they are a part of approved features such as gazebos, fountains, and plazas (but excluding any parking areas serving such approved features), ground-level active and passive recreational facilities, roof decks, and roof top gardens. Yes g. In calculating the min outdoor amenity sp ace requirement, civic spaces counting towards the min requirements of the applicable zoning district may not be included. Yes 3. All outdoor amenity spaces and other landscaped areas shall be maintained by a professional landscaper. Yes 4. A min of 50% of dwelling units above the first floor shall have balconies with a minimum floor dimension of six feet by 10 feet. Yes 5. Adequate provision for the disposal of refuse shall be made within each apartment building, or such refuse shall be conveyed to a central point or points to facilitate collection. Disposal arrangements shall be the responsibility of the apartment building owner. Yes 6. Each dwelling unit shall have central heating and cooling facilities. Yes 7. Adequate laundry facilities consisting of automatic washing and clothes drying machines in a common laundry room shall be provided, or a wash and dryer hook-up shall be installed in each dwelling unit. Yes U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 9 of 17 3/1/2018 8. A min of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit. Concurrent variance requested to delete this requirement Discussion of Use Permit Standards The applicant meets the standards for senior housing and the standards for apartments with the exception of the minimum of 300 cubic feet of separate contiguous storage space. The applicant requests a concurrent variance to delete this requirement. VC18-02 The applicant is requesting a concurrent variance to delete the requirement for a minimum of 300 cubic feet of separate contiguous storage space for each unit. The requested concurrent variance meets the following considerations: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and (4) That the public safety, health and welfare are secured, and that substantial justice is done. Separate outdoor storage is typically seen in garden style apartments, and is not appropriate for loft style condominiums in the Crabapple area. No detriment to the public will be caused by the approval of this variance, and substantial just shall be done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC18- 02. City Arborist Based on the old tree ordinance:  Tree density is met through parking lot, street trees and specimen tree replanting.  95.1 units removed = (136) 4” trees or $68,000 in specimen recompense.  Two additional trees may reacquired removal with parking lot grading.  10 foot wide landscape Island required every 6th parking space. U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 10 of 17 3/1/2018 Fire Marshal The site plan meets fire requirements. Transportation Trip Generation The thresholds for turn lanes are 300 daily left turns in and 200 daily right turns in. Therefore, no turn lanes are required for the site. The daily distributions are based on 50% entering and 50% exiting trips. Daily Trips 1,412 total - 706 per driveway Daily left turns in 177 per driveway Daily right turns in 177 per driveway Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. Provide two driveways at locations coordinated with Northeast Crabapple Connector Roadway project and approved by Milton Public Works. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there are no wetlands, floodplain, steep slopes or archeological/historical sites. There is no endangered vegetation or wildlife on the site. The applicant has submitted the appropriate tree survey and shall comply with the City of Milton Tree Ordinance. Public Involvement Community Zoning Information Meeting On January 23, 2018 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately 12 members of the community in attendance at the meeting. The following issues were brought up at the meeting:  Concerns about ‘apartments’. The applicant explained that these units are actually for-sale condominiums. U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 11 of 17 3/1/2018  The style of the buildings was discussed. They will be reminiscent of older buildings that once housed a mill or factory and has now been converted into a loft/condo. City of Milton Design Review Board Meeting Courtesy Review –January 9, 2018 The following comments were made at the meeting:  No problems with the concept. Staff notes that all buildings shall comply with the Crabapple Form Based Code requirements. In addition, the City Architect will work closely with the applicant regarding design which will be required to be approved by the Design Review Board prior to the issuance of the building permit. Public Participation Plan and Report The applicant held the Public Participation Meeting on February 8th at 6:00 at the Strawberry Fields Gallery building on Birmingham Highway. There were 5 attendees. The applicant reviewed the plans with the attendees and there were no major concerns after discussions with the applicant. USE PERMIT CONSIDERATIONS (SENIOR HOUSING) In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the T-4 Open and T5 land use category on the City of Milton Comprehensive Plan Update 2016 Plan Map. Located in the T-4 Open zoning section, the proposed use of senior condominiums is categorized as apartments and is compatible with the T- 4 Open district within the plan. Therefore, it is the opinion of Staff that the proposed use is consistent with the current Comprehensive Land Use Plan. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 12 of 17 3/1/2018 The subject site is located on the northeast corner of the Birmingham Highway and proposed Crabapple Connector circle. To the north is Crabapple Crossing Elementary School. This is considered a civic use. To the east is a proposed residential development which is under review for a land disturbance permit zoned T-4 Open. To the south is the proposed Crabapple Connector and property zoned T-5 and T-4 Open. To the west is Birmingham Highway and the Braeburn subdivision. There are office condos along the road, and attached and detached single family homes further back. In addition, the Downtown Milton/Crabapple Placemaking Plan contemplated senior housing within the northeast quadrant as depicted in the illustration below. I t is Staff’s opinion that the proposed senior condos use is compatible with adjacent and nearby properties and consistent with land use plans adopted by the Mayor and City Council. Therefore, Staff recommends APPROVAL CONDITIONAL of U18-02. 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 13 of 17 3/1/2018 The conditions of zoning regarding traffic will accommodate the increased traffic produced by the proposed development. 4. The location and number of off-street parking spaces; Based on previous parking requirements, the housing units require 1.4 parking spaces per unit. With 42 residential units, 59 spaces are required. The site plan indicates that 97 parking spaces are dedicated to the residential units, including 54 covered spaces and 20 basement spaces. This meets the required parking standard. The location of the parking spaces is within 40 feet of the buildings. 5. The amount and location of open space: The site is 4.37 acres in size. The development is required to provide 5% of the total site, or .2 acres as open space. The open space is situated around the residential buildings. By providing .2 acres of open space, the site will meet this requirement. 6. Protective screening: The Crabapple Form Based Code does not require buffers or screening between internal uses or adjacent properties. 7. Hours and manner of operation: This is a 24 hour use and no specific hours of operation apply. 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Article 4.12 of the Crabapple Form Based Code. 9. Ingress and egress to the property. The location of the entrance is approximately 321 feet east of the traffic circle along the proposed Crabapple Connector. Conditions of Zoning are included to provide two entrances/exits onto the new road. A 10 foot sidewalk will be provided along the proposed road. Also, sidewalks will be placed internally throughout the development. USE PERMIT CONSIDERATIONS (APARTMENTS) In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 14 of 17 3/1/2018 use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the T-4 Open and T5 land use category on the City of Milton Comprehensive Plan Update 2016 Plan Map. Located in the T-4 Open zoning section, the proposed use of senior housing, which are required to be fee simple, is categorized as apartments and is compatible with the T-4 Open district within the plan. Therefore, it is the opinion of Staff that the proposed use is consistent with the current Comprehensive Land Use Plan. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is located on the northeast corner of the Birmingham Highway and proposed Crabapple Connector circle. To the north is Crabapple Crossing Elementary School. This is considered a civic use. To the east is a proposed residential development which is under review for a land disturbance permit zoned T-4 Open. To the south is the proposed Crabapple Connector and property zoned T-5 and T-4 Open. To the west is Birmingham Highway and the Braeburn subdivision. There are office condos along the road, and attached and detached single family homes further to the west. It is Staff’s opinion that the proposed apartments use is compatible with adjacent and nearby properties and consistent with land use plans adopted by the Mayor and City Council. Therefore, Staff recommends APPROVAL CONDITIONAL of U18-03. 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance regarding storage is approved. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The condition of zoning regarding traffic will accommodate the increased traffic produced by the proposed development. U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 15 of 17 3/1/2018 4. The location and number of off-street parking spaces; Based on the previous parking requirements, the housing units require 1.4 parking spaces per unit. With 42 residential units, 59 spaces are required. The site plan indicates that 97 parking spaces are dedicated to the residential units, including 54 covered spaces and 20 basement spaces. This meets the required parking standard. The location of the parking spaces is within 40 feet of the buildings. 5. The amount and location of open space: The site is 4.37 acres in size. The development is required to provide 5% of the total site, or .2 acres as open space. The open space is situated around the residential buildings. By providing .2 acres of open space, the site will meet this requirement. 6. Protective screening: The Crabapple Form Based Code does not require buffers or screening between internal uses or adjacent properties. 7. Hours and manner of operation: This is a 24 hour use and no specific hours of operation apply. 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Article 4.2 of the Crabapple Form Based Code. 9. Ingress and egress to the property. The location of the entrance is approximately 321 feet east of the traffic circle along the proposed Crabapple Connector. Conditions of Zoning are included to provide two entrances/exits onto the new road. A 10 foot sidewalk will be provided along the proposed road. Also, sidewalks will be placed internally throughout the development. CONCLUSION If approved with the Recommended Conditions, the proposed mixed used development including 42 senior condominiums is consistent the Comprehensive Plan and Crabapple Form Based Code. Therefore, Staff recommends U18-02 be APPROVED CONDITIONAL AND that U18-03 be APPROVED CONDITIONAL. Additionally, Staff recommends VC18-02 be APPROVED CONDITIONAL. U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 16 of 17 3/1/2018 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council , a Use Permit should be approved for Senior Housing (Sec. 64-1834) and a Use Permit should be approved for Apartments (Sec. 64-1839) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Senior Condominiums (U18-02 – Senior Housing and U18-03 - Apartments) b) No more than 42 total dwelling units at a maximum density of 9.6 units per acre, whichever is less, based on the total acreage zoned. Approved unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all units within the approved development meet or exceed all the development standards of the City of Milton. The total unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on January 5, 2018. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To delete the requirement for a minimum of 300 cubic feet of separate contiguous storage space for each unit. (VC18-02) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 17 of 17 3/1/2018 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) Provide two driveways at locations coordinated with Northeast Crabapple Connector Roadway project and approved by Milton Public Works. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. ORDINANCE NO._______ PETITION NO. U18-02 U18-03 VC18-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE TWO USE PERMITS FOR APARTMENTS (SEC. 64-1839) AND SENIOR LIVING (SEC. 64-1834) ON 4.37 ACRES LOCATED AT 12655 BIRMINGHAM HWY. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 19, 2018 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 12655 Birmingham Hwy consisting of a total of approximately 4.37 acres as described in the attached legal description, be approved for Use Permits for a Apartments and Senior Living with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1134 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Apartments and Senior Living listed in the attached conditions of approval, be approved under the provisions Sec. 64-1839, Sec. 64- 1834, respectively, of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions h ereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 19th day of March, 2018. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit should be approved for Senior Housing (Sec. 64-1834) and a Use Permit should be approved for Apartments (Sec. 64-1839) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Senior Condominiums (U18-02 – Senior Housing and U18-03 - Apartments) b) No more than 42 total dwelling units at a maximum density of 9.6 units per acre, whichever is less, based on the total acreage zoned. Approved unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all units within the approved development meet or exceed all the development standards of the City of Milton. The total unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on January 5, 2018. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To delete the requirement for a minimum of 300 cubic feet of separate contiguous storage space for each unit. (VC18-02) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) Provide two driveways at locations coordinated with Northeast Crabapple Connector Roadway project and approved by Milton Public Works. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. Site Plan Received on January 5, 2018 TO: FROM: MILTON ft ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 1, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of ZM1 8-01 /VC1 8-04 - Southeast Quadrant of Birmingham Hwy and Birmingham Road, by OHC Birmingham LLC to request a zoning modification and concurrent variance for the following: 1) Request to modify RZ2004-1 16, Condition 2.a. to the Revised plan Dated February 2, 2018; 2) Request to modify ZM 14-03 - To delete Condition 6.c., the reference to the village green; 3) A Concurrent Variance to delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX -zoning district adjacent to AG -1 - Sec. 64-1142(a) (3.)b; and 4) A Concurrent Variance to reduce the Village Green in the southeast Quadrant from 13,000 square feet - Sec. 64-1324(b). MEETING DATE: Monday, March 5, 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: () YES (440 CITY ATTORNEY REVIEW REQUIRED: () YES (,rN0 APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: G31tS)2UIt 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us 1 www.cityofmiltonga.us 0000 Page 1 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 ZM18-01/VC18-04 PROPERTY INFORMATION ADDRESS SE Corner of Birmingham Hwy and Birmingham Road DISTRICT, LAND LOT 2/2, 379, 380, 413, 414 OVERLAY DISTRICT Birmingham Crossroads EXISTING ZONING MIX (Mixed Use) and AG-1 (Agricultural) (RZ04-116) (ZM14-03 and ZM14-04) ACRES 22.12 EXISTING USE One story block building and single family residence with accessory structures OWNER/APPLICANT OHC Birmingham LLC, Tad Braswell 5256 Peachtree Road, Suite 195 Atlanta, GA 30341 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL – Modification of 6.c. (ZM14-03) DENIAL – Modification of Condition 2.a. (RZ04-116) DENIAL- VC18-04- PARTS 1 AND 2 INTENT A request to modify 1) RZ2004-116 condition 2.a. to the revised site plan dated February 2, 2018 and to modify 2) ZM14-03 to delete condition 6.c., the reference to the Village Green. To request a two part concurrent variance 1) To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG-1 (Sec. 64-1142 (a)(3)(b)) and 2) To reduce the Village Green in the Southeast Quadrant from 13,000 square feet to 12,000 square feet (Sec. 64-1324 (b)). Page 2 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 LOCATION MAP Page 3 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 CURRENT ZONING Page 4 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 REVISED SITE PLAN SUBMITTED FEBRUARY 12, 2018 Page 5 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 REVISED SITE PLAN SUBMITTED OCTOBER 28, 2004 (RZ04-116) Page 6 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 History and Background The subject site was rezoned from C-1 (Community Business) and M-1 (Manufacturing) to MIX (Mixed Use) on November 3, 2004 by the Fulton County Board of Commissioners. This site is one corner of three corners of the Birmingham Crossroads that was zoned pursuant to RZ04-116 (subject site) and RZ04-43 (northeast and southeast corners zoned C-1 Conditional). RZ04-116/VC04-178 (November 3, 2004 - Fulton County) The final conditions approved for all three quadrants were derived from numerous meetings between the original developer, AG Armstrong and the community using the Birmingham Crossroads Plan (Amending the 2015 North Fulton Comprehensive Plan) which was approved by the Fulton County Board of Commissioners on March 3, 2004. In addition, the Birmingham Crossroads of the Northwest Fulton Overlay District was approved on March 3, 2004. This newly created overlay also guided the ultimate outcome of what was approved for the three quadrants of Birmingham Crossroads. The central premise of both the Plan and the Overlay was that the Birmingham Crossroads should be a neighborhood node consisting of 27.1 acres which at that time recommended up to 100,000 square feet of commercial uses, up to 100,000 square feet of office uses, and up to five (5) residential units per acre. Since the time of the rezoning in 2004, the northeast and southwest quadrants have been developed as approved. The southeast quadrant has remained undeveloped other than the existing structures on the 22.12 acres. ZM14-03 – June 16, 2014 At the June 16, 2014 Mayor and City Council, the applicant’s request pursuant to ZM14-03 to amend Conditions 1.c., 1.d ., 2.a., and 3.b were approved which reduced the approved density for the office, commercial retail, and eliminated the day care facility along Birmingham Road. In addition, the approved site plan replaced some of the townhouse units previously developed with single family detached homes. These amended conditions deleted the requirement for the day care facility and allowed single family detached homes, ZM14-06 – July 21, 2014 After further evaluation of the site plan, with original conditions approved pursuant to 2004Z-116 by Fulton County, Staff determined that Condition 2.d. had not been met (Staff also notes that there are two conditions numbered 2.d. and this is a typo from the Fulton County conditions). Therefore, the need to modify it to eliminate the community park and community septic system. In addition, Staff requested that Condition 2.a. be included to Page 7 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 remove the reference to the “community waste water facility” indicated on the site plan within the AG-1 portion of the development. This modification was approved by the City Council on July 21, 2014 15RLDP-000004 - Submittal of Land Disturbance Permit (LDP) – February 20, 2015 The applicant submitted his LDP for the project to the Community Development Department on February 20, 2015 for review based on the approved site plan and conditions as discussed above. After various comments from Staff and resubmittals by the engineer, responses from the applicant’s engineer stopped and the permit appeared to be abandoned. ZM16-01 – March 21, 2016 The current owner, Mr. Tad Braswell requested a modification to the approved site plan to replace the retail buildings along Birmingham Hwy with townhomes. Staff recommended denial and the Mayor and City Council denied the request on March 21, 2016 based on the fact that it was not consistent with the Birmingham Crossroads Master Plan which contemplated this quadrant to provide a mix of uses including non-residential. 17RLDP-000004 – Submittal of Land Disturbance Permit (LDP) – August 7, 2017 The applicant submitted revised LDP plans based on the approved site plan and conditions as discussed above. Because of the length of time since the last submittal, Staff required the applicant to resubmit review fees and a new LDP number was issued. Once again, the review process of the LDP occurred with reviews by staff and re - submittals by the applicant. Staff informed the applicant in January 2018 that a Zoning Modification to the site plan as well as concurrent variances would be required to be in compliance with the RZ04-116 approved conditions and the Birmingham Crossroads Overlay District. ZM18-01/VC18-04 The applicant is requesting the following based on a revised site plan submitted on February 12, 2018. Requested Modifications to Conditions 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated February 12, 2018 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution and these conditions prior to the Page 8 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (RZ04-116) 6. To the owner’s agreement to the following site development considerations: c. Provide a village green on the south side of Birmingham Road that shall be a minimum of 50 feet in width and a minimum of 11,500 square feet in area measured according to the current setback and an additional 1,500 square feet within the development. (ZM14-03) Requested Two Part Concurrent Variance Part 1: To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG-1 (Sec. 64-1142 (a)(3)(b)) Part 2: To reduce the Village Green in the Southeast Quadrant from 13,000 square f eet to 12,000 square feet (Sec. 64-1324 (b)). CZIM Meeting – February 27, 2018 The applicant was present at the meeting and there were six attendees present at the meeting. They had the following concerns regarding the zoning modification and concurrent variances:  Increased traffic in the area, especially at the intersection of Birmingham Hwy and Birmingham Road.  In opposition to the approval of the two concurrent variances for the buffer and reduction of the Village Green because it would be inconsistent with the Birmingham Crossroads Plan.  Encouraged the developer to utilize “rural section” or alternative design for roads within the AG-1 subdivision. Analysis and Recommendation of Zoning Modifications and Concurrent Variance Part 1: To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG-1 (Sec. 64-1142 (a)(3)(b)) The Birmingham Crossroads Overlay District does not address buffers used to separate uses, but the Rural Milton Overlay District (previously called the Northwest Fulton Overlay District) does address this issue. The site is required to meet those development standards that are not addressed in the Birmingham Crossroads Overlay District but required in the Rural Milton Overlay. Although RZ04-116 was approved with a site plan without the Page 9 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 required buffer shown in it, the Concurrent Variance requested pursuant to VC04-178 was only approved by the Fulton County Board of Commissioners to reduce the 75 foot buffer and 10 foot improvement setback to a 10 foot landscape strip adjacent to the east property line which abuts the electric sub-station. The minutes from the November 3, 2004 Board of Commissioner’s meeting clearly states the concurrent variance was only approved for the east property line and the south property line was not approved. Furthermore, the conditions of zoning stipulate the following in Condition 2.a.: “Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit.” Therefore, the zoning ordinance (previously referred to as the zoning resolution in Fulton County) requirements must be met unless a concurrent variance is granted. A variance must be based upon credible evidence submitted at a public hearing compliance with 1 through 4 of the following: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. It is Staff’s opinion that if the requested d eletion of the buffer and improvement setback should not be approved because it would offend the intent of the zoning ordinance to provide an adequate buffer between non-residential uses and single family uses or property zoned AG-1. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The required 75 foot buffer and 10 foot improvement setback does not create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations based on the fact that the site can still be developed with a mix of uses including commercial, office and residential. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The reduction of the buffer and improvement setback would not provide the necessary transition from the MIX (Mixed Use) development to the AG-1 single family homes to the south. (4) That the public safety, health and welfare are secured, and that substantial justice i s done. The applicant has not provided sufficient evidence that the public safety, health and welfare are secured and that substantial justice was done. Page 10 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 Therefore, Staff recommends DENIAL of VC18-04 – Part 1. Request of Modification to ZM14-03 6. To the owner’s agreement to the following site development considerations: c. Provide a village green on the south side of Birmingham Road that shall be a minimum of 50 feet in with a minimum of 11,500 square feet in area measured according to the current setback and an additional 1,500 square feet within the development. The applicant has requested the above deletion of Condition 6.c. based on the fact that the Birmingham Crossroads Overlay District (Zoning Ordinance) requires the Village Green on the SE Quadrant be a minimum of 13,000 square feet in size. Staff recommends APPROVAL of the deletion of 6.c (ZM14-03) in order for the correct method for the request for a reduction in size of the Village Green be a Concurrent Variance. The applicant has requested the concurrent variance pursuant to VC18-04 – Part 2 which is discussed below. Part 2: To reduce the Village Green in the Southeast Quadrant from 13,000 square feet to 12,000 square feet (Sec. 64-1324 (b)). It is Staff’s opinion that the applicant can re-design his site plan to meet the minimum required 13,000 square foot Village Green that is required within the Birmingham Crossroads Overlay District as well as recommended in the Birmingham Plan within the southeast quadrant of the Crossroads. The Village Green consisting of 13,000 square feet in area is an integral part of the overall Crossroads Overlay District and to reduce the size is inconsistent with the Birmingham Crossroads Plan. A variance must be based upon credible evidence submitted at a public hearing compliance with 1 through 4 of the following: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. It is Staff’s opinion that if the requested reduction in size of the Village Green from 13,000 square feet to 12,000 square feet should not be approved because it would offend the requirements of the Birmingham Crossroads Overlay District. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. Page 11 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 The required 13,000 square foot Village Green does not create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations based on the fact that the site can still be developed with the required Village Green. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The reduction in size of the Village Green will cause a substantial detriment to the public good and surrounding properties based on the fact that it is not in conformance with the Overlay District and Birmingham Crossroads Plan. (4) That the public safety, health and welfare are secured, and that substantial justice is done. The applicant has not provided sufficient evidence that the public safety, health a nd welfare are secured and that substantial justice was done. Therefore, Staff recommends DENIAL of VC18-04 – Part 2. Request of Modification to RZ05-116 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated February 12, 2018 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (RZ04-116) Based on the fact that Staff recommends Denial of the Concurrent Variance, Parts 1 and 2, therefore, Staff recommends DENIAL of the Modification of Condition 2.a. as referenced above. If the Mayor and City Council choose to approve the above requested Zoning Modification and Two Part Concurrent Variance, S taff has provided the Recommended Conditions below. In addition, if Condition 2.a. is approved, Staff recommends that the applicant reflect the number and size of commercial buildings adjacent to Birmingham Hwy. The previously approved site plan in 2014 indicated two buildings on the north side of the entrance and one building on the south side of the project entrance off of Birmingham Hwy. Page 12 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated February 12, 2018 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (RZ04-116) 6. To the owner’s agreement to the following site development considerations: c. Provide a village green on the south side of Birmingham Road that shall be a minimum of 50 feet in width and a minimum of 11,500 square feet in area measured according to the current setback and an additional 1,500 square feet within the development. (ZM14-03) q. To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG-1. (VC18-04 – Part 1) r. The Village Green in the Southeast Quadrant shall be a minimum of 12,000 square feet. (VC18-04 – Part 2) ORDINANCE NO. PETITION NO. ZM18-01/VC18-04 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION RZ04-116 ON NOVEMBER 3, 2004, AND CONDITION OF AN ORDINANCE ZM14-03 BY THE CITY OF MILTON CITY COUNCIL ON JUNE 16, 2014 FOR PROPERTY LOCATED ON BIRMINGHAM HWY (SR 372) AND BIRMINGHAM ROAD WITHIN LAND LOTS 379, 380, 413, 414, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 22.12 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 19, 2018 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on November 3, 2004, for petition RZ04-116 that approved a zoning to MIX (Mixed Use) and AG-1 Conditional and condition of an ordinance ZM14- 03 by the City of Milton City Council on June 16, 2014 property located on Birmingham Hwy (SR 372) and Birmingham Road consisting of a total of approximately 22.12 acres, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 19th day of March, 2018. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) Should the Mayor and City Council approve this petition, the recommended conditions should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated February 12, 2018 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (RZ04-116) 6. To the owner’s agreement to the following site development considerations: c. Provide a village green on the south side of Birmingham Road that shall be a minimum of 50 feet in width and a minimum of 11,500 square feet in area measured according to the current setback and an additional 1,500 square feet within the development. (ZM14- 03) q. To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG-1. (VC18-04 – Part 1) r. The Village Green in the Southeast Quadrant shall be a minimum of 12,000 square feet. (VC18-04 – Part 2) REVISED SITE PLAN SUBMITTED ON FEBRUARY 12, 2018 TO: FROM: AGENDA ITEM: MEETING DATE: MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 1, 2018 Steven Krokoff, City Manager Consideration of RZ18-02 -To amend Article XIX Crabapple Form Based Code to amend Table 8A Building Function Monday, March 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,1,XPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.AYES () NO CITY ATTORNEY REVIEW REQUIRED: (,rS'ES () NO APPROVAL BY CITY ATTORNEY: (kAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: U3 /tA70' i 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Re: Text Amendment – RZ18-02 – Article XIX – Crabapple Form Based Code to amend Table 8A Date: March 1, 2018 for the March 19, 2018 Mayor and City Council Meeting (First Presentation on March 5, 2018, City Council Workshop on March 12, 2018) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of this text amendment is to amend the T-4 Transect Zone within the Crabapple Form Based Code (Table 8A) to allow Office uses. Currently, no office uses are permitted in T-4. It is Staff’s opinion that office uses are appropriate with the other approved uses in the T-4 transect zone such as retail and restaurants at corner buildings. It will also serve to provide a suitable transition of uses from residential to commercial as well as promote a live, work, play downtown village in Crabapple. Staff notes that restrictions will remain for T-4 Restricted transect zones as currently written. Results of the February 28, 2018 Planning Commission Meeting The Planning Commission voted 4-2 (Commissioners Moore and Bittner voting in the negative) to approve the proposed text amendment as recommended by Staff. Legal Review: Paul Frickey - Jarrard & Davis (February, 2018) Attachment(s): Text Amendment to Article XIX – Crabapple Form Based Code and ordinance. RZ18-02 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Formatted: Font: Bold TABLE 8A: - Building Function. This table categorizes Building functions within Transect Zones. For Specific Function and Use permitted by Right, by Warrant, or by Use Permit, see Table 9. T2 T3 T4 - In T4-Restricted, Lodging, Office and Retail Functions are prohibited. In T4-Open, T5 Function regulations apply T5 a. RESIDENTIAL Restricted Residential: The number of dwellings on each Lot is restricted to one within a Principal Building and one within an Accessory Building. Both dwellings shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. Limited Residential: The number of dwellings on each Lot is unlimited within One Principle Building except by form-based standards elsewhere in this Code, and limited to one unit within an Accessory Building. All dwelling units shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. Open Residential: The number of dwelling units and buildings on each lot is unlimited except by form-based standards elsewhere in this Code. b. LODGING Restricted Lodging: Up to two bedrooms for lodging is permitted on each lot. The lot must be owner occupied. Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Limited Lodging: Up to three bedrooms for lodging is permitted on each lot, restricted to two bedrooms in an Accessory Building. The lot must be owner occupied. Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Lodging Functions are prohibited in T4-Restricted. Open Lodging: Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. c. OFFICE Restricted Office: Office use is restricted to home occupations by the owner, with no more than one employee. Limited Office: The building area available for office use on each Lot is unlimited. to the first Story of the Principal Building and/or the Accessory Building, and by the requirement of 3.0 assigned parking places per 1,000 square feet of net office space in addition to the parking requirement for each dwelling. Office Functions are Open Office: The building area available for office use on each Lot is limited by the requirement of 2.0 assigned parking places per 1,000 square feet of net RZ18-02 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Formatted: Font: Bold prohibited in T4-Restricted. office space. d. RETAIL Prohibited Retail: Retail is not permitted. Limited Retail: The building area available for Retail use is limited to the first story of buildings at corner locations, not more than one per block. The specific use shall be further limited to neighborhood store, or food service seating no more than 30. Retail Functions are prohibited in T4-Restricted. Open Retail: The building area available for Retail use is unlimited on the first floor and available to upper stories by Warrant. e. CIVIC See Table 9 See Table 9 See Table 9 f. OTHER See Table 9 See Table 9 See Table 9 ( Ord. No. 15-04-242 , § 1, 4-27-2015) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ18-02 AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM BASED CODE TO AMEND TABLE 8A BUILDING FUNCTION. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 19, 2018 6:00 p.m. as follows: SECTION 1. That the amendment of Article XIX, Table 8A Building Function in the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 19th day of March, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: AGENDA ITEM: MEETING DATE: MILTO.N*S CITY COUNCIL AGENDA ITEM City Council DATE: March 1, 2018 Steven Krokoff, City Manager 0) Consideration of RZ18-03 - To amend Article XIX Crabapple Form Based Code to amend Table 9 Specific Function. Monday, March 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: Q„ ES () NO CITY ATTORNEY REVIEW REQUIRED: (-`YES () NO APPROVAL BY CITY ATTORNEY: ()/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C.:'3 /"Sj 20;10 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Re: Text Amendment – RZ18-03 – Article XIX – Crabapple Form Based Code to amend Table 9 Date: March 1, 2018 for the March 19, 2018 Mayor and City Council Meeting (First Presentation on March 5, 2018, City Council Workshop on March 12, 2018) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of this text amendment is to amend the T-4 Transect Zone within the Crabapple Form Based Code (Table 9) to allow Office uses. Currentl y, no office uses are permitted in T-4. It is Staff’s opinion that office uses are appropriate with the other approved uses in the T-4 transect zone such as retail and restaurants at corner buildings. It will also serve to provide a suitable transition of uses from residential to commercial as well as promote a live, work, play downtown village in Crabapple. Staff notes that restrictions will remain for T-4 Restricted transect zones as currently written. Results of the February 28, 2018 Planning Commission Meeting The Planning Commission voted 4-2 (Commissioners Moore and Bittner voting in the negative) to approve the proposed text amendment as recommended by Staff. Legal Review: Paul Frickey - Jarrard & Davis (February, 2018) Attachment(s): Text Amendment to Article XIX – Crabapple Form Based Code and ordinance. RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 TABLE 9: - Specific Function and Use. This table expands the categories of Table 8 to delegate specific Functions and uses within Transect Zones. R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT a. RESIDENTIAL 1 T2 T3 T4-R 2 T4 T4-O 3 T5 Apartment U U U Loft Apartment U R R Neighborhood Apartment U R R Live/Work Unit R R R R Row House R R R R Duplex House R R R R Courtyard House R R R R Sideyard House R R R R R Cottage R R R R House R R R R R Accessory Unit R R R R R b. LODGING Motel, Hotel R R Bed & Breakfast Inn U U R R R School Dormitory R R R RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 c. OFFICE Office R R R Radio and Television Station Live/Work Unit R R R R d. RETAIL Open-Market Structure R R R R R General Retail R R R Pawn Shop General Service R R R Artist Studio U U U Restaurant R R R Kiosk R R R Drive-Through Facility 7 U U Push Cart W W Liquor Selling Establishment W W Self Service Laundromat R R Laundry and Dry Cleaning Shop R R Bank/Financial Institution R R Formatted: Highlight RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Bail Bondsmen Check Cashing Establishment Adult Entertainment Fortune Telling Establishment Massage Parlor, Pool Hall, Escort and Dating Services, Tattoo and Body Piercing Establishment e. CIVIC Bus Shelter R R R R R R Convention Center Conference Center W W Fountain or Public Art R R R R R R Library R R R Theater U U Indoor Commercial Amusement R R Outdoor Commercial Amusement W W Museum R R Assembly Hall, Indoor Auditorium U U RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 T2 T3 T4-R 2 T4 T4-O 3 T5 Gymnasium R R Outdoor Auditorium W R R R R Parking Structure R R Passenger Terminal Playground R R R R R R Sports Stadium Surface Parking Lot W W W Places of Worship U U U U U U Grain Storage R Livestock Pen W Greenhouse R W Stable R W Veterinary Clinic/Hospital, Kennel (with inside pens) W W Kennel with Outside Pens U U Pet Grooming 9 R R f. OTHER: AUTOMOTIVE Gasoline Station 4 W W RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Service Station Automotive Garage, Repair Garage R R Automotive and Light Truck Sales/Leasing W Car Wash 5 R R Drive-Through Facility 6 U U Roadside Stand R R R R f. OTHER: CIVIL SUPPORT Fire Station R R R R R R Police Station R R R R Cemetery U U U Funeral Home R R Hospital Medical Office, Clinic R R Assisted Living, Convalescent Home, Personal Care Home, Nursing Home, Hospice R R f. OTHER: EDUCATION School of Business, Dance, Music or Similar W W College U U U U U RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 High School U U U U U Trade School U U U U U Elementary School U U U U U Childcare Center 7 U U U U U f. OTHER: INDUSTRIAL Heavy Industrial Facility Light Industrial Facility W Manufacturing W Catering R R Laundry and Dry Cleaning Distribution Center R Research Laboratory W Water Supply Facility Sewer and Waste Facility Electric Substation W W W W W W Telecommunications See Sec. 54 of the Code of the City of Milton Cremation Facility Warehouse Landscaping, Lawn Service R R Produce Storage RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Recycling Center 8 W Mini-Storage 1. This table notwithstanding, all senior housing shall comply with Sec. 64 -1834(a). 2. T4-Restricted. 3. T4-Open. 4. See Sec. 4.14 for additional requirements. 5. Includes both principal and accessory car was hes. 6. Drive-through facilities are considered accessory to a Retail or Automotive Function. 7. See Sec. 64-1809 for additional requirements. 8. Collection only. 9. No overnight stay. ( Ord. No. 15-04-242 , § 1, 4-27-2015) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ18-03 AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM BASED CODE TO AMEND TABLE 9 SPECIFIC FUNCTION. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 19, 2018 6:00 p.m. as follows: SECTION 1. That the amendment of Article XIX, Table 9 Specific Function in the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 19th day of March, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk MILTON" ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2018 B �' FROM: Steven Krokoff, City Manager 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: Monday, March 5, 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: (-�-IES () NO CITY ATTORNEY REVIEW REQUIRED: (41fES () NO APPROVAL BY CITY ATTORNEY: (�-APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: j')3/aS-)201fj 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on 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. We have attempted to rent the facility and have found that the parties expect a high level of support on the technology which isn’t cost effective for us to provide. When we have not provided the technology support, the renters have attempted to use the video and audio systems and have caused problems with the equipment. This in turn has hampered the operations of the Court. 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 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) 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 (D TO: FROM: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 26, 2018 Steven Krokoff, City Manager (2) AGENDA ITEM: Consideration of a Resolution for a Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA. MEETING DATE: Monday, March 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES VNO CITY ATTORNEY REVIEW REQUIRED: () YES (,.)ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0 31007016 2006 Heritage Walk Milton, GA P: 678.242.2500 F: 678.242.2499 intoQcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on February 12, 2018 for the March 5, 2018 Regular Council Meeting Agenda Item: Consideration of a Resolution for a Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA ____________________________________________________________________________ Department Recommendation: Adopt the attached resolution approving the submission to the Department of Homeland Security’s “Assistance to Firefighters” grant program. This resolution authorizes the request for funding for the scheduled replacement of the Fire Department’s Self-Contained Breathing Apparatus (SCBA) units. Executive Summary: The purpose of the “Assistance to Firefighters Grant” (AFG) is to award grants directly to fire departments to enhance their abilities to equip field personnel in the performance of their general duties. This project includes asking for funding to support the replacement of our SCBAs, which have a maximum usable life of 15 years and were purchased in 2006/2007. The majority of our current units were built to the 2002 National Fire Protection Association (NFPA) specifications. There has since been a 2008 and 2013 iteration of these standards, and the standard is about to change again to reflect new cancer guidelines and firefighter rescue systems currently recommended. As a consequence, our current units are about to be obsolete. This replacement was placed on the original fire department capital plan for completion in 2020. In anticipation of this need and with the understanding that the capital plan was realigned in FY 2018 due to a county-level delay, the Fire Department is seeking grant funding for this project. Funding and Fiscal Impact: The grant requests support for the purchase of 40 SCBA units for an overall price of $354,706. This grant carries a 10% city match, so Milton would be responsible for $35,470 of this award. Alternatives: The City may opt to continue with this funding on the capital plan as it currently exists. However, due to federal guidelines and national consensus safety standards as well as interoperability with our automatic aid partners, the units will have to be replaced in the next few years. Legal Review: N/A Concurrent Review: Steven Krokoff, City Manager Attachment(s): Resolution STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE MAYOR AND CITY COUNCIL TO APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF HOMELAND SECURITY FOR THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM WHEREAS, the Department of Homeland Security makes available funding under the Assistance to Firefighters Grant (AFG) program; and WHEREAS, such funds are awarded directly to fire departments to enhance their ability to protect first responders and the public by funding support materials and equipment; and WHEREAS, the primary goal of the AFG grant program is to assist local fire departments’ capabilities by providing essential equipment to respond to emergencies, assuring that departments have adequate protection from fire and fire related hazards; and WHEREAS, the funding, if awarded, shall be used to purchase 40 self-contained breathing apparatus units to support Milton Fire Department fire suppression operations throughout the City; and WHEREAS, evidence authorizing the acceptance of said application may be provided to assist in the application process. NOW, THEREFORE BE IT SO RESOLVED, this 5th day of March, 2018 by the Mayor and Council of the City of Milton that the submission of the Department of Homeland Security’s Assistance to Firefighters Grant application is hereby approved; and if awarded the Mayor is hereby authorized to execute the award package with directives under the Department of Homeland Security. SO RESOLVED, this 5th day of March, 2018. Approved: _____________________________ Joe Lockwood, Mayor Attest: _______________________________ Sudie AM Gordon, City Clerk I LTNIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Council Authorization for the Mayor to Execute Form 4 (for submission to DCA) Certifying Completion of SDS Negotiations with Fulton County MEETING DATE: Monday, March 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.rYES () NO CITY ATTORNEY REVIEW REQUIRED: (1YES () NO APPROVAL BY CITY ATTORNEY: (4ZAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Instructions: This form must, at a minimum, be signed by an authorized representative of the following governments: 1) the county; 2) the c ity serving as the county seat; 3) all cities having a 2010 population of over 9,000 residing within the county; and 4) no less than 50% of all other cities with a 2010 population of between 500 and 9,000 residing within the county. Cities with a 2010 population below 500 and local authorities providing services under the strategy are not required to sign this form, but are encouraged to do so. COUNTY: FULTON We, the undersigned authorized representatives of the jurisdictions listed below, certify that: 1. We have executed agreements for implementation of our service delivery strategy and the attached forms provide an accurate depiction of our agreed upon strategy (O.C.G.A 36-70-21); 2. Our service delivery strategy promotes the delivery of local government services in the most efficient, effective, and responsive manner (O.C.G.A. 36-70-24 (1)); 3. Our service delivery strategy provides that water or sewer fees charged to customers located outside the geographic boundaries of a service provider are reasonable and are not arbitrari ly higher than the fees charged to customers located within the geographic boundaries of the service provider (O.C.G.A. 36-70-24 (20); and 4. Our service delivery strategy ensures that the cost of any services the county government provides (including those jointly funded by the county and one or more municipalities) primarily for the benefit of the unincorporated area of the county are borne by the unincorporated area residents, individuals, and property owners who receive such service (O.C.G.A. 36-70-24 (3)). JURISDICTION TITLE NAME SIGNATURE DATE CITY OF MILTON MAYOR JOE LOCKWOOD SERVICE DELIVERY STRATEGY FORM 4: Certifications MILTONIr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Regarding Senate Bill 426, the Broadband Infrastructure Leads to Development Act (BILD) MEETING DATE: Monday, March 5, 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: (.J -YES () NO CITY ATTORNEY REVIEW REQUIRED: (-,KES () NO APPROVAL BY CITY ATTORNEY: (�PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: to lb 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Page 1 of 3 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. RESOLUTION OF THE MILTON CITY COUNCIL REGARDING SENATE BILL 426, THE BROADBAND INFRASTRUCTURE LEADS TO DEVELOPMENT ACT WHEREAS, there is currently pending before the General Assembly, Senate Bill 426, the Broadband Infrastructure Leads to Development Act; WHEREAS, this proposed legislation will allow the installation of utility poles and small wireless facilities within City-owned right of way as a matter of right; WHEREAS, this proposed legislation preempts the ability of local governments to adopt ordinances in derogation of this legislation or to fashion different legislation to address this subject matter at the local level; WHEREAS, this legislation exempts power utility companies from the collocation requirements; WHEREAS, the Georgia Department of Transportation is exempted from this legislation; WHEREAS, the legislation sets very exacting and tight application review, processing, and permit issuance standards on local governments; WHEREAS, the legislation allows local governments to charge only $20 per pole, per year, for the placement of infrastructure poles from for-profit wireless providers in taxpayer funded right of way; WHEREAS, this legislation allows utility poles in the right of way to be as high as 50 feet from grade or 10 feet taller than any existing pole that is within 500 feet; Page 2 of 3 WHEREAS, this legislation will result in an explosion of aesthetically objectionable utility poles in Milton-owned right of way; WHEREAS, this legislation – while touted as a Statewide solution to efficiently rolling out broadband infrastructure – will not accomplish that objective by exempting GDOT and the power companies from its requirements; and, WHEREAS, this legislation is too industry friendly at the expense of the citizens and taxpayers that will be adversely affected by the significant increase in congestion, clutter, and aesthetically distasteful poles that will inevitably be installed in City right of way. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF MILTON THAT, 1. The City Council does hereby voice its formal objection to this legislation; 2. This legislation does not strike an appropriate balance between the need for deployment of wireless broadband infrastructure and the need for local governments to manage its own right of way; 3. That this legislation unduly benefits the private for-profit wireless industry at the expense of the rural viewsheds and aesthetic and public safety considerations of the citizens of the City of Milton; 4. By exempting the power utility companies from participation in this legislation, it has guaranteed an explosion of new poles in local government right of way – while the largest owner of utility poles on or near the right of way are unencumbered, thereby undermining the stated purpose of this legislation; 5. That this legislation needs to be restructured from the ground up with greater deference given to local governments; and, Page 3 of 3 6. That a copy of this Resolution be provided to the City of Milton local delegation as promptly as possible. BE IT SO RESOLVED, this 5th day of March 2018, by the Council of the City of Milton, Georgia. Approved: __________________________________ Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk MILTON"It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 1, 2018 FROM: Steven Krokoff, City ManageoJ AGENDA ITEM: Consideration of a Resolution and Policy of the City of Milton Authorizing Certain Community Partners to Receive (Limited) Personal Information for Authorized Purposes MEETING DATE: Monday, March 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( J�ES () NO CITY ATTORNEY REVIEW REQUIRED: (411ES () NO APPROVAL BY CITY ATTORNEY: (�4PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: v )I&S) 2' is 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 1, 2018 for the March 5, 2018 Regular City Council Meeting Agenda Item: Consideration of a Resolution and Policy of the City of Milton Authorizing Certain Community Partners to Receive (Limited) Personal Information for Authorized Purposes Department Recommendation: The recommendation is to approve the resolution as presented. Executive Summary: The City of Milton has a few community partners that we share limited personal information with as a result of the service(s) they provide. For instance, Crabapple Community Association receives vendor applications for the special events we host together and Milton Veterans Memorial Markers, Inc. receives applications for the fallen veteran markers they build and display during the year. Included in these applications is personal information that is exempt from release to the general public in the Open Records Act, such as address, phone number and email address. The Open Records Act anticipates that private providers may work with the City to perform services for its residents and, therefore, permits a limited disclosure of the information for authorized services. The resolution being presented allows for authorized community partners to receive certain, narrowly defined personal information to be used for authorized purposes as defined by a Memorandum of Understanding (MOU) between the City and the community partner. These MOU’s will be presented at a future council meeting for your approval. Funding and Fiscal Impact: No impact Alternatives: No alternatives Legal Review: Approved by Molly Esswein (attorney in Ken Jarrard’s office) on 3/1/18 Concurrent Review: Steven Krokoff, City Manager Attachment: Resolution RESOLUTION AND POLICY OF THE CITY OF MILTON AUTHORIZING CERTAIN COMMUNITY PARTNERS TO RECEIVE (LIMITED) PERSONAL INFORMATION FOR AUTHORIZED PURPOSES WHEREAS, O.C.G.A. 50-18-71 provides that all public records shall be open for personal inspection and copying, except those which by order of a court of this state or by law are specifically exempt from disclosure; WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) provides that public disclosure shall not be required for records that reveal certain personal information, including personal e-mail addresses; WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) is mandatory in application, and prohibits the release of certain personal information to the general public; WHEREAS, the Open Records Act, however, anticipates that private providers may provide governmental (municipalized) services in lieu of such services being provided directly by the City of Milton; WHEREAS, in such situations, such private actors operate in association with (but not in partnership with) the City of Milton; WHEREAS, to that end, the City of Milton partners and coordinates with certain private entities (“Community Partners” or “Community Partner”) in providing certain services to the City and its residents; WHEREAS, as noted above, these Community Partners provide services for or on behalf of or in conjunction with the City of Milton; WHEREAS, a Community Partner, in providing services for or on behalf of the City of Milton, or in conjunction therewith, may require access to certain, limited in scope, personal information in order to provide such services; WHEREAS, it is the intent of the Milton City Council for Community Partners to receive certain (narrowly defined) personal information pertinent to any services provided for or on behalf of, or in conjunction with, the City of Milton, provided such personal information is used only for authorized purposes; and, WHEREAS, it is the policy of the City of Milton that such Community Providers only have access to limited personal information, as defined herein, and in accord with this policy and any associated Memorandum of Understanding that may be entered with such Community Partners. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the representations, statements, and policy objectives in the above preamble are hereby restated verbatim and made a part of the approvals in this Resolution; 2. It is the policy of the City of Milton that Community Partners providing services for or on behalf of the City of Milton may receive certain (limited) personal information, particularly contact information, in the possession of the City of Milton; 3. Any such limited personal information to be made available to the Community Partner shall be determined by the City of Milton on a case by case basis, and limited to there existing a bona fide, public service reason for such information to be provided to a Community Partner; 4. As a condition of receiving any personal information from the City of Milton, Community Partner shall be required to sign a memorandum of understanding (“MOU”) that shall provide, at a minimum: a. Any personal information the Community Partner is authorized to receive; b. The bona fide governmental reason justifying access to the personal information; c. The authorized purpose for which the personal information may be used by the Community Partner; d. Conditions under which the Community Partner shall safeguard and protect the personal information and ensure no dissemination of same; e. That the Community Partner shall use any personal information received from the City of Milton only for the stated authorized purposes in the MOU and in compliance with any and all applicable law; and, f. That if the Community Partner, or any officer, employee, or agent of the Community Partner uses such personal information in derogation of the MOU, or allows the personal information to be released due to negligence or lack of adherence to approved protocols, that the City of Milton shall have the immediate right to terminate the MOU, terminate its relationship with the Community Partner, and otherwise take whatever civil or criminal action is warranted and justified under the facts leading to such use or distribution. 5. That, notwithstanding the public policy objectives of this Resolution, the City of Milton shall not share with a Community Partner information consisting of, but not limited to, citizen and resident social security numbers, medical information, financial information, account passwords, and GCIC information. SO RESOLVED, this __________ day of ______________, 2018. ____________________________ Joe Lockwood, Mayor City of Milton Attest: Sudie Gordon, City Clerk (SEAL)