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HomeMy WebLinkAboutAgenda Packet - CC - 02/05/2018 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, February 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. 18-045) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 5, 2018 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 5) CONSENT AGENDA 1. Approval of the January 22, 2018 Special Called City Council Meeting Minutes. (Agenda Item No. 18-046) (Sudie Gordon, City Clerk) 2. Approval of the January 29, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-047) (Sudie Gordon, City Clerk) 3. Approval of a Services Agreement between the City of Milton and Premier Elevator Company, Inc. for the Maintenance of the City Hall Elevator. (Agenda Item No. 18-048) (Carter Lucas, Assistant City Manager) 4. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Sperber Music. (Agenda Item No. 18-049) (Jim Cregge, Director of Parks and Recreation) 5. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and North Georgia Recreation, Inc. (Agenda Item No. 18-050) (Jim Cregge, Director of Parks and Recreation) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Arbor Day 2018. (Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 5, 2018 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 60 “Vegetation” to Delete “Vegetation” and Replace with “Tree Canopy Conservation Ordinance” of the City Code of Ordinances. (Agenda Item No. 18-035) (Discussed at City Council Work Session on November 13, 2017) (First Presentation at City Council Meeting on January 29, 2018) (Kathleen Field, Community Development Director ) 2. Consideration of an Ordinance to Amend Appendix A, Fees and Other Charges of the Milton City Code to add Chapter 60 Vegetation. (Agenda Item No. 18-036) (First Presentation at City Council Meeting on January 29, 2018) (Kathleen Field, Community Development Director) 11) NEW BUSINESS 1. Consideration of a Waiver of Conflict Regarding Jarrard & Davis, LLP’s Representation of the City of Milton in Relation to Jarrard & Davis, LLP’s Simultaneous Representation of Forsyth County and the City of Milton Regarding the Intergovernmental Agreement Pertaining to the Extension of County Reuse and Sewer Service into Certain Parts of the City that are Outside the Manor Subdivision; and any Legal Issues Regarding Authorizing Forsyth County to Provide Sewer Service in the City of Milton Outside the Manor Subdivision. (Agenda Item No. 18-051) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Parks & Recreation 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 18-052) aD TO: FROM: I M LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 30, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Services Agreement between the City of Milton and Premier Elevator Company, Inc. for the Maintenance of the City Hall Elevator. MEETING DATE: Monday, February 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: (,KYES () NO CITY ATTORNEY REVIEW REQUIRED: ()I'(ES () NO APPROVAL BY CITY ATTORNEY: (41APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: v4105) jot, 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: Dennis Miller, Facilities Manager Date: January 24, 2018 for the February 5, 2018 Regular City Council Meeting Agenda Item: Approval of a Services Agreement between the City of Milton and Premier Elevator Company, Inc. for the Maintenance of the City Hall Elevator. _____________________________________________________________________________________ Project Description: Annual Service Agreement including routine maintenance for the elevator at City Hall. Procurement Summary: Purchasing method used: 3 Verbal Quotes ($1,000-$4,999) Account Number: 100-1565-522220000 Requisition Total: $1,548.00 Vendor DBA: Other quotes or bids submitted (vendor/$): NA Vendor/Firm Quote/Bid Kone Inc. $2,268.00 ThyssenKrupp Elevator Corp. $2,200.00 Premier Elevator Company, Inc. $1,548.00 Financial Review: Bernadette Harvill, January 25, 2018 Legal Review: Sam VanVolkenburgh, January 3, 2018 Attachment(s): Service Agreement with Premier Elevator Company, Inc. HOME OF tt E 13FY QUARY OF LIFE N s; -OPG A' 11 MILTON 1�r ESTABLIS11ED 2006 SERVICES AGREEMENT City Hall Elevator Maintenance This Services Agreement ("Agreement") is made and entered into this day of , 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, GA 30004 (hereinafter referred to as the "City"), and Premier Elevator Company, Inc., a Georgia corporation, having its principal place of business at 230 Andrew Drive, Stockbridge, GA 30281 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: full maintenance service on one hydraulic passenger elevator at Milton City Hall. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in Exhibit "A", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "A", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Term shall expire on December 31, 2022, unless sooner tenninated (provided that certain obligations will survive tennination/expiration of this Agreement). Either Party may terminate this Agreement for convenience at any time upon providing 90 days' written notice thereof to the other Party. If the Term of this Agreement spans more than one calendar year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January I of each subsequent calendar year absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. Section 4. Work Changes. Any changes to the Work shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment. City shall pay Consultant a flat fee of $387.00 per quarter ($1,548 annually), payable quarterly in advance, for the Work described in Exhibit "A" (the "Regular Contract Price"). The Regular Contract Price shall be automatically adjusted (in a written, signed amendment to this Agreement) when necessary to reflect a change in the Consultant's cost of labor. Each adjustment shall be made as follows: The Regular Contract Price shall be increased or decreased by the percentage of increase or decrease in the straight time hourly rate and fringe paid to the elevator constructors in the nearest IUEC local. This adjustment shall be made with reference to the rate paid when this Agreement was executed as the base year. In addition to the Regular Contract Price, the City Manager or his designee will be authorized to order up to $500 in overtime callback Work (as described in Exhibit "A") in any given calendar year. Overtime callback Work will be provided on an hourly basis at Consultant's then -current overtime rate, provided that the hourly overtime rate and estimated price for the contemplated overtime callback Work must be agreed to in advance and in writing. Compensation shall be paid to Consultant upon City's receipt and approval of invoices, along with all supporting documents required by the Agreement or requested by City to process the invoice. Billing for the Regular Contract price is quarterly, in advance. Billing for as -requested overtime callback Work or other Work added by change order will be invoiced monthly. The City shall pay all invoices within 30 days of receipt and approval. No payments will be made for unauthorized work. If payments become overdue 30 days or more, Consultant may suspend all service or cancel this Agreement by written notification. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and access from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant's Representative; Meetings. MK kr J Rt L[INSERT NAME shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Parry of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assitnment of Agreement. Consultant and City each covenant and agree not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the other Party. The City shall notify the Consultant in writing of any changes in ownership, lessor, lessee or management of the premises at least 30 days prior to such change. Should the City fail to do so, it will remain responsible for payment for the full term of this Agreement, as well as for any and all future charges or liability validly incurred by Consultant under this Agreement, unless this Agreement is assigned to the new Party and agreed to by Consultant. 2 F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Independent Contractor. Consultant 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. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. Consultant shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage, and shall require the same notice to the City in all subcontractor contracts. I. 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) Consultant 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 Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing; or 3 (3) If Consultant does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Consultant shall provide a copy of Consultant's state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above, or provided City with the appropriate state issued identification as noted in sub -subsection (3) above. Further, Consultant 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 Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with 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 Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee -number category designated below is applicable to Consultant. 500 or more employees. 100 or more employees. Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other 0 materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the j urisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any tenn or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] rel CONSULTANT: Premier Elevator C mp , nc Signature: Print Namec=lGl Title: JCIRCLEC '" Preside /Vice President (C)poration) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: Print Name: Title:1i (Assistant) Corporat ecretary (required if corporation) Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] 7 EXHIBIT "A" 1. ® e .0 P 770-389-4951 F 770-389-1586 PREVENTATIVE MAINTENANCE AGREEMENT WITH FULL COVERAGE TO: Milton City Hall 2006 Heritage Walk Milton, Georgia 30004 Proposal: 17-1112845 Date: December 20, 2017 Premier Elevator Company Proposes to furnish FULL MAINTENANCE SERVICE as set forth in the paragraphs herein below, on the following described elevators in your building located at the address above: One Hydraulic Passenger Elevator Premier Elevator Company will, at its sole expense and as part of the Work provided for a fixed quarterly fee: regularly and systematically examine, adjust, clean, lubricate and repair or replace all parts and components of the elevator system (except those expressly excluded below) as conditions warrant, meeting and or exceeding the manufacturer's standards. The parts, components and maintenance Work include, without limitation, the following: Machines, worms, gears, external gearing, thrust bearing, brake, brake pulleys, coils, linings, and component parts; Pump, valves, packing, & hydraulic fluids; Motors, motor windings, rotating elements, brushes, pumps, fluids, packing, and bearings; Controllers, circuit boards, relays, contacts, coils, resistance tubes, transformers, rectifiers, for operating and motor circuits, door rollers, bearings, gibs operator bushings, belts for the door equipment; Car and hall push buttons, light bulbs and registration indicators. To renew guide shoe gibs, or rollers when in our judgment it is necessary to insure smooth, quiet operation, except where roller guides are used to keep guide rails properly lubricated. To renew all wire ropes as often as in our judgment is necessary to maintain an adequate factor of safety, and repair or replace conductor cables. We will examine periodically all safety devices. We will provide annual no load and a 5 -year full load safety test. If hydraulic equipment, perform annual pressure relief test. The following items are not included in this contract: repairing or replacement of. car enclosure, platform, car floor, floor covering, hoistway and motor room enclosure including lighting, hoistway door panels, frames, sills, pits, disconnect switches, and all electrical before it, car lighting, fan, heat and smoke detectors, special key switches or security systems, emergency power back devices and buried piping or jack cylinders. All proprietary equipment under this agreement will be considered extra, any parts and or diagnostic tools that are not available to Premier Elevator, will need to be obtained from the original equipment manufacturer and purchased by the building owner. Under this contract we will maintain the entire elevator equipment as hereafter described on the terms and conditions subsequently set forth. We will use trained technicians directly employed and supervised by us. They will be qualified to keep your equipment properly adjusted, and they will use all reasonable care to maintain the equipment in proper and sate operating condition. The items listed below show considerable wear and will have to be replaced in the near future. To provide you with the maximum service from these items, we are accepting them in their present condition with the understanding that you are to pay, in addition to the base amount of the contract, any extra at our regular billing rates, at the time the items are first replaced or repaired. N/A You will provide a weather proof and adequately ventilated machine room with an average temperature below 90 degrees F with sufficient light for working. Also, all access to the motor room including stairs, ladder, doors and handrails will be kept secure, and in good condition by you. It is the owner's responsibility to provide current wiring diagrams for the elevator equipment which show any field changes made to the equipment. Regular time callback service is included in this contract. If overtime callback service is required, and not included in the base contract, we will bill you at our overtime rates for the service. Should extensive work be required, this work will be done on regular time unless otherwise agreed to. Overtime preventative maintenance or repairs are not included in this contract. However, should you request this overtime service; we will provide this and bill you at our regular billing rates for the work. Premier Elevator Company assumes no responsibility for defects in material and workmanship from the original equipment installation EXHIBIT "B" CERTIFICATE OF LIABILITY INSURANCE D 01/22/2018Y) 01rz2rzols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 770-957-2925 MCGARITY INSURANCE P 0 BOX 130 McDONOUGH, GA 30253 CONTACT M LINDSEY MCGARITY PHONE 770-957-2925 FAX A/C, No, Ext): AIC, No -MAIL.LMCGARITY@MCGARITYINSURANCE.COM M LINDSEY MCGARITY POLICY EXP LIMITS INSURERS AFFORDING COVERAGE NAIC # INSURERA:GREAT AMERCIAN INSURANCE CO 16691 INSURED PREMIER ELEVATOR COMPANY INC PIONEER ELEVATOR LLC, PREMIER INSURERB:LIBERTY INSURANCE UNDERWRITER 19917 N RRC ELEVATOR SERVICES CORP, & INSURER PREMIER ELEVATOR DEVELOPMENT L 230 ANDREW DRIVE STOCKBRIDGE, GA 30281 INSURER E: INSURER F : MAC132477600 COVERAGES CFRTIFIrATF NI IMRFR• Dc licinsr ku rea000. 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. II TP NSR TYpEOFINSURANCE ADDLSUBR pOLiCYNUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000,000 CLAIMS -MADE a OCCURY MAC132477600 06/19/2017 06/19/2018 DAMAGE TO RENTED 300,000 Y $ _anc MED EXP (Anyoneperson) S 10,000 PERSONAL & ADV INJURY S 1'000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE y 4,000,000 POLICY F PES LOC PRODUCTS -COMP/OP AGG S 4'000,000 ANN AGGRE $ 10,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT fEa accident)$ BODILY INJURY Perperson) S ANY AUTO OWNED SCHEDULED BODILY INJURY Per accident) S AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPER AMAGE Per a.Rdent $ S B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE y 5,000,000 EXCESS LIAB CLAIMS -MADE 1000263778-01 06/19/2017 06/19/2018 AGGREGATE $ 5,000,000 DED I X I RETENTION $ 0 S WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y I N A UTE ER EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? ❑ N I A E. L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROJECT: MILTON CITY HALL ELEVATOR MAINTENANCE AND SERVICE AGREEMENT CITY OF MILTON IS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY ON A PRIMARY BASIS IN ACCORDENCE WITH ATTACHED FORMS CG2010 AND CG2037. A WAIVER OF SUBROGATION IS INCLUDED IN THE GENERAL LIABILITY IN ACCORDENCE WITH ATTACHED FORM CG2404 AS REQUIRED BY CONTRACT. UMBRELLA IS A FOLLOWING FORM. CITYMIL CITY OF MILTON 2006 HERITAGE WALK MILTON, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE McGarity 9 ALrUKU L5 (LU1ti/U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD No Text CG 20 10 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organization(s) Location(s) of Covered Operations Any person or organization that you are required and agreed to name as Any location within the "coverage territory" an additional insured on your policy under: 1. A written contract or agreement that is in effect during the term of this policy and such contract is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; or, 2. An oral contract or oral agreement with a person or organization when a certificate of insurance showing that person or organization as an Additional Insured has been issued; and such oral contract or oral agreement is in effect during the term of this policy and is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the Additional Insured(s) at the location(s) designated above. However; 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these Additional Insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or Copyright, ISO Properties, Inc., 2012 CG 20 10 (Ed. 04/13) (Page 1 of 2) No Text 2. that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III - LIMITS Of INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: 1. required by the contract or agreement; or 2. available under the applicable Limits of Insurance shown in the Declarations,- whichever eclarations;whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Copyright, ISO Properties, Inc., 2012 CG 20 10 (Ed. 04/13) (Page 2 of 2) No Text CG 20 37 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organization(s) Location and Description of Completed Operations Any person or organizationthat you are required and agreed to name as An location within the "coverage territory", p p as an additional insured on your policy under: Y ge territo , and for all completed operations 1. A written contract or agreement that is in effect during the term of this policy and such contract is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; Or, 2. An oral contract or an oral agreement with a person or organization where a certificate of insurance showing that person or organization as an Additional Insured has been issued; and such oral contract or oral agreement is in effect during the term of this policy and such contract is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; Information required to complete this Schedule, if not shown above, will be shogun in the Declarations A. SECTION 11 - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that Additional Insured and included in the "products -completed operations hazard." However: 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: 1. required by the contract or agreement; or Copyright, ISO Properties, Inc., 2012 CG 20 37 (Ed. 04/13) (Page 1 of 2) No Text 2. available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Copyright, ISO Properties, Inc., 2012 CG 20 37 (Ed. 04/13) (Page 2 of 2) No Text THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELEVATOR CONTRACTOR PLUS ENDORSEMENT Primary and Non -Contributory Additional Insured Extension This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Extracted from Endorsement CG 90 53 (Ed. 041161 K. Primary and Non -Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an Additional Insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: This insurance is primary to and will not seek contribution from any other insurance available to an Additional Insured under your policy provided that: (1) the Additional Insured is a Named Insured under such other insurance; and (2) you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. No Text THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELEVATOR CONTRACTOR PLUS ENDORSEMENT Blanket Waiver of Subrogation This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Extracted from Endorsement CG 90 53 (Ed. 04/16) T. In SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added at the end of Condition 8. Transfer of Rights of Recovery Against Others to Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of: a. your ongoing operations; or b. "your work" pursuant to a written contract between you and that person or organization and included in the "products -completed operations hazard"; but only if: c. you and that person or organization have agreed, in a written contract or agreement, that you waive such rights against that person or organization; and d. the injury or damage occurs only after you and that person or organization have signed the written contract or agreement described in c. No Text S013678 CERTIFICATE OF LIABILITY INSURANCE DATE 1 1/22/2 DIYYYYj 1 /22/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines USI Insurance Services National, Inc. 2601 South Bayshore Drive, Suite 1600 Coconut Grove, FL 33133 CONTACT NAME: FAX PHONE _ 888-572-2412 AIC No); ADpREss: certs@trinet.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Indemnity Insurance Company of North America 43575 INSURED Strategic Outsourcing, Inc. PO Box 241448 INSURER B: INSURERC: INSURER D: Charlotte, NC 28224 1 RE: Premier Elevator Co., INSURER E Inc. and Premier Elevator Services Corp. INSURER F: COVERAGES CERTIFICATE NUMBER: 12623962 RFVI.RIt1N NI IMRFR• Ree helnw THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE_ S DAMAGE TO RENTED_ --- CLAIMS -MADE OCCUR PREMISES Ea occurrence S MED EXP (Any one person) S PERSONAL & ADV INJURY S AGGREGATE LIMIT APPLIES PER : PRO - POLICY JECT [] LOC GENERAL AGGREGATE S GEN'L PRODUCTS - COMP/OP AGG s S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident BODILY INJURY (Per person) S ANY AUTO P OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident ( ) S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE S Per accident $ 1 UMBRELLALIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE S EXCESS LIAR AGGREGATE S DED I I RETENTIONS $ A WORKERS EMPLOYCOMPENSATION ILIT YIN AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? C NIA X WLRC64309547 03/01/2017 03/01/2018 X STATUTE EORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE:. Milton City Hail Elevator Maintenance and Service Agreement. Workers' Compensation is limited to worksite employees of Premier Elevator Co., Inc. and Premier Elevator Services Corp. through a co -employment contract with Strategic Outsourcing, Inc. V__ . 1. .I _1L City of Milton 2006 Heritage Walk Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I ne AUIUKU name and logo are registered marks of ACORD @ 1988.2015 ACORD CORPORATION. All rights reserved, ACORD 25 (2016/03) (This certificate replaces certi&ate# 125U622 Issued on 1/9/2018) No Text ACC>RbF CERTIFICATE OF LIABILITY INSURANCE fir... DATE(MMIDO/YYYY) 01/23/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh Sponsored Programs a division of Marsh USA Inc.E-MAIL PO Box 14404 NAW" Marsh sponsored Programs PHONE 1-877.3209393 FAX 515-365.0895 - A/c No -—S, riskmana ement@marsh m.com Vendor ID; 31459 INSURERS AFFORDING COVERAGE NAIC# Des Moines, IA 50306-9686 INSURER A: Old Republic Insurance Company 24147 INSURED Premier Elevator Company, Inc. 230 Andrew Dr. INSURER 8: INSURER C : INSURERD: Stockbridge, GA 30281 INSURER E : INSURER F: 11 L.....IY IVVgr1UGM. 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. INSRADDL UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYYI (MMIDDNYYYI LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F] OCCUR EACH OCCURRENCE S RTEgPREMISES Ea occurrence) S MED EXP Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- ❑ JECT LOC GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG 5 OTHER: S A AUTOMOBILE X LIABILITYX ANY AUTO OWNED SCHEDULED AUTOS ONLYX AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X L249705-17 02/09/2017 02/09/2018 Eaa dentSINGLELiM1T S 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident S S UMBRELLA LIAR EXCESS LIAB HOCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE S DED I I RETENTIONS WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? S H- STATUTE ER N / A E.L. EACH ACCIDENT $ (Mandatory in NH) Use, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $ _ E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) GPBR: 1 C90 Policy provides protection for any & all operations/jobs performed by the named insured where required by written contract. Certificate holder is an Additional Insured where required by written contract. Waiver of Subrogation Included where required by written contract. Insurance is primary and noncontributory. Re: Milton City Hall Elevator Maintenance and Service Agreement City of Milton is an additional insured where required by written contract. City of Milton 2006 Heritage Walk Milton, GA 30004 AL:UKU •LS (1U16/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ,,REPREE SNj'T TIVE 1-�+ifL�icca l� ©1988-2015 ACORD CORPORATION- All riahtc rP__QPrvart The ACORD name and logo are registered marks of ACORD 11514884 No Text EXHIBIT "C" STATE OF 0/ COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the foregoing is true and correct. Federal Work Authorization User Identification V ''Nii in Number Ex Jute d on ,- U< yj (city), (state). Date of Authorization g tore of Authorized Officer or Agent Premier Elevator Company, Inc. Name of Contractor Printed Name and Title of Ar thorized Officer or J Milton City Hall Elevator Maintenance Agent Name of Project SUBSCRIBED AND SWORN BEFORE ME City of Milton, Georgia ON THIS THE /0 DAY OF 411" Name of Public Employer NOTA o�, CA14DACE M. REF\!ES y?o;M�� Notary Public, Georgia Henry County j) A(lZA1y' Sion Expires My Commission xpires: � ��t��C) No Text 00 STATE OF EXHIBIT "D" COUNTY OF SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Premier Elevator Company, Inc. on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the foregoing is true and correct. Federal Work Authorization User Identification Number Executed on 20 in (city), (state). Date of Authorization Name of Subcontractor Milton Citv Hall Elevator Maintenance Name of Project City of Milton, Georgia Name of Public Employer 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: TO: FROM: AGENDA ITEM: MEETING DATE M-.11.Toi\i�t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 31, 2018 Steven Krokoff, City Manager Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Sperber Music. Monday, February 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 () NO CITY ATTORNEY REVIEW REQUIRED: (.KYES () NO APPROVAL BY CITY ATTORNEY: (,KAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C.z It; S) z" 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 31, 2018 for the February 5, 2018 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Sperber Music. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Sperber Music. Executive Summary: Sperber Music provides the city with a youth music program. This program will offer music camps and classes at Bell Memorial Park and Bethwell Community Center. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another music provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 27, 2017 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Sperber Music. S091 : 61 •�� THIS IS A►N 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 SPEBER MUSIC hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 • . Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as Youth Music Classes and Camps at the following locations: Bell Memorial Park & Bethwell Community Center. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate to schedule the program schedule, which schedule will be approved by Department Director, or his designee, at its sole discretion. PROVIDER agrees to submit a Program Request Form to the City's Recreation Program Manager (hereinafter "Manager") for each program being proposed four (4) weeks prior to the beginning of each program session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON and ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or ALPHARETTA. The out of city fee is capped at a maximum fee of $90.00. The entire balance of this surcharge for non-residents shall be paid to the CITY. 1.5 The PROVIDER can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton and the City of Alpharetta will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident fees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the 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 some or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.9 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 1.10 The PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. The PROVIDER may not use said facilities to conduct personal business, including but not limited to workshops, clinics, seminars, camps, private sessions, or any other activities that are outside the scope of service described in Exhibit "A". It is further understood that such improper/prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment to the PROVIDER. 1.11 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have first priority for use of CITY facilities, notwithstanding any other provisions of this Agreement. 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.15 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations and procedures, as well as those of the FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 2 1.16 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by and for all of the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their coaches and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. 1.20 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.21 The PROVIDER shall not sublet any CITY facilities to any entity. 1.22 The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the 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: 11 D ?U- h►-eE�- 65 JJNNYy C(Z-- CAyv\+P) Previous Season Participation Growth Goal for This Season: "1 ke, w�Ek- 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. EquipmentARTICLE 2.0 - rials 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of equipment with the principal of the school located at the facility, if applicable. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity, and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be cancelled and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. ARTICLE 3.0 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE /: Compensation and Method of Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program 4 participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 85% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge (capped at a maximum of $90.00) is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification and then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment by PROVIDER to City will include the registration commission and ail 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 0 Independent R• 5.1 This Agreement does not create an employee/employer relationship between the Parties. it is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 5 • 6.1 City shall not have any insurance obligations related to this Agreement, and PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide, 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit - each occurrence $2,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractors) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: 0 A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured.. 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. 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, ARTICLE9.0 M . . - 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ( "ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and 11 of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed by each party with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representative(s) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and KAREN CORNELL for the PROVIDER. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: Azi 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. 10.1 1 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER shall provide evidence on CITY -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and PROVIDER's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period. The PROVIDER hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to CITY. Further, PROVIDER hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. IN In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 10.13 Subject to the provision offhis Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any 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: Print: 247 cyr.-14 Its: (circle one) - President/Vice President (Corporation) - General Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation W 12 ;g-tA J ovi 10 \\\\\g111N1111N1/JJJ g GEORGIA �N 31.2020 St "yAUB L1G.�jft [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM -" B- PARTICIPANTS)] 13 EXHIBIT "B" HOME OF ' OF LIFE IN GEORGIA' MILTON'k ESTABLISHED 2007 CRIMINAL HISTORY REQUEST FORM 1) This Request Is For: (Check Only One) 2) A History Is Requested On The Following Person: Full Name (Print): Code (E) - Provides Georgia Criminal History Information for Employment; Military; Licensing; Personal Use; International Travel; Permits of any kind; Adoptive Parents; City of Milton Employment; Other not listed Address: Code (N) - Employment/Volunteer Working with the Elderly X Code (W) - Employment/Volunteer with Children Code (M) - Employment/Volunteer with the Mentally Ill Code (C) - Police Ride Along Request; Police Department Employment; Police Vendor/Contractor 2) A History Is Requested On The Following Person: Full Name (Print): Address: Sex: Race: DOB: SSN: I give consent to in order to perform periodic criminal history background checks for the duration of my employment with this company (name of company: ). I hereby give consent for the Milton Police Department to conduct an inquiry and receive any Georgia criminal history record information pertaining to me which may be contained in the files of any state or local criminal justice agency in Georgia. This report is considered accurate at time of inquiry and may change at any time. I also understand this record check is $20.00 payable upon request.. Photocopy of a legal eovernment ID must accompany this reauest. Signature of person whom criminal history is being inquired. Date No Georgia Criminal History Record Information results available. Georgia Criminal History Record Information attached/released No NCIC/GCIC Warrant results available Possible NCIC/GCIC Warrant. Contact Agency: Agency Operator Signature & Title 14 Date of Inquiry/Time of Inquiry EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A.§ 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. / Executed on n., 201 in ( (city), Date of Authorization C—• (state). N me of Contractor ' Z E ` Signature of Authorized Officer or Agent Name of Project Printed Name and Title of Authorized Officer or Agent Name of Public Employer SUBSCRIBED AND SW RN BEFORE M ON THIS THE �(L DAY OF ,201. NO RY PU 1 [NQj„A�111'a(M �ayS EXPIRES _ G F.ORGiA Jury 31. 2020 s icy: �'f3L�• ................ :,I'll 1111101„N My Commission Expires: 3112o2- 15 1 2O?' 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 _ Al N me 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�M (city), _(state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AN SWORN BEFORE ME ON THIS THE DAY OF n • 201. NOTARY , P ��( JO jh .��`� , ........ S [I?�C�AtI�� AAL)R�`�O'lr o ES GEORGIA July 31, 2020 My ComrNWN-IN. -Zo �� EXHIBIT "A" Participant Ages: 3-5 years old (must be potty trained) Day/s of the week program is offered: late June -July 2018 Time of Programs: 10:00 a.m. —1:00 p.m. Program Dates: late June -July (TBD) Program Fee: $120 (Before May 1, 2018) Program Enrollment: Minimum- 5 children Maximum- 15 children Materials to be supplied by participants: Daily snack/lunch Materials to be supplied by PROVIDER: Instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at Bell Memorial Park, Information posted on City of Milton website/flyers/email blasts PROVIDPR ('s)Narne: Sperber Music (Karen Cornell, owner) Address: 3195 Chenery Drive City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) 1/1111 mr,100= Letter(s) of Recommendation M Program Rate:$_# of programs in Session: Fee/Program: PROGRAM REQUEST FORM Individuals interested inproposing their programs and services must complete and return this form attached to the Letter ofInterest This information will he used for consideration ofprogram proposals. Use one form per program. Name of Program: Sperber Music — Parents Night Out (PNO) Participant Ages: 5-10 years old (4 year olds may attend with sibling) Day/s of the week program is offered: 1st Friday of the month Time of Programs: 6:30-9:30 p.m. Program Dates: once a quarter Program Fee: $20/111 child, $5/each additional child (Max $30) Program Enrollment: Minimum- 3 children Maximum- 15 children Materials to be supplied by participants: none Materials to be supplied by PROVIDER: Pizza dinner, bottle of water, craft materials, instruments, music, props, etc. Materials to be supplied by the City of MILTON: Location at Bethwell Community Center Information posted on City of Milton website/flyers/email blasts PROVIDER ('s)Name: Sperber Music (Karen Cornell, owner) Address: 3195 Chenery Drive City/State/Zip Code: Milton, GA 30004 Phone Number: (Day) 678-223-3653 (Evening) (E-mail): Karen@SperberMusic.com (Fax) 1,000,000 General Liability Insurance Letter(s) of Recommendation Program Rate:$_# of programs in Session: Fee/Program: N TO: FROM: MILTO ' It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 31, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and North Georgia Recreation, Inc. MEETING DATE: Monday, February 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: (►)KYES () NO CITY ATTORNEY REVIEW REQUIRED: („ y%ES () NO APPROVAL BY CITY ATTORNEY: (►APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 4 �5 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 31, 2018 for the February 5, 2018 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and North Georgia Recreation, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and North Georgia Recreation, Inc. Executive Summary: North Georgia Recreation provides the city with the youth boys lacrosse program. This program will offer lacrosse leagues & camps at Bell Memorial Park, as well as Fulton County School athletic fields. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another youth lacrosse provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 27, 2017 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Parks and Recreation Department Facility Use Agreement between The City of Milton and North Georgia Recreation, Inc. THIS IS AN AGREEMENT, made this day of 2018, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and with a business address of 2006 Heritage Walk, Milton, Georgia 30004, hereinafter referred to as the "CITY." and North Georgia Recreation, INC hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE i; PROVIDER's Services_gpd Responsilbilij 1.1 PROVIDER shall conduct services generally described as Youth Lacrosse Leagues, Clinics and Camps at the following locations: Bell Memorial Park, Hopewell Middle School, Cogburn Woods ElementarySchool,• im Falls Elementary School and • - -rn Middle School. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit 'A" attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate to schedule the program schedule, which schedule will be approved by Department Director, or his designee, at its sole discretion. PROVIDER agrees to submit a Program Request Form to the City's Recreation Program Manager (hereinafter "Manager") for each program being proposed four () weeks prior to the beginning of each program session. 1.4 The fees charged to each participant will be as described in Exhibit `°A" for residents of MILTON and ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or ALPHARETTA. The out of city fee is capped at a maximum fee of $90.00. The entire balance of this surcharge for non-residents shall be paid to the CITY. 1.5 The PROVIDER can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton and the City of Alpharetta will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident fees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the some kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. WWWW" MAIM, 1W3, . ;— 19. M-11 av- adult movies,adult ••• •-o stores,adult entertainmentestablishments,• •.- •rr • pawn shops,• • tattoo,•• i or •• 1.10 The PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. The PROVIDER may not use said facilities to conduct personal business, including but not limited to workshops, clinics, seminars, camps, private sessions, or any other activities that are outside the scope of service described in Exhibit "A". It is further understood that such improper/prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment to the PROVIDER. 1.11 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have first priority for use of CITY facilities, notwithstanding any other provisions of this Agreement. 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.15 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations and procedures, as well as those of the FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 2 1.16 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit ""), which must be completed and executed by and for all of the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their coaches and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. 1.20 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.21 The PROVIDER shall not sublet any CITY facilities to any entity. 1.22 The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the Organization. The organization must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and Organization. 3 1.23 The PROVIDER agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. Organizations shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and Organization. Ideal Capacity: ► a,0® Previous Season Participation: ��— �1 Ij Growth Goal for This Season: 1.24 The Organization is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton and City of Alpharetta residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved and must be verified by the City GIS database prior to formation. ARTICLE 2.0 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of equipment with the principal of the school located at the facility, if applicable. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity, and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be cancelled and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted some as being safe and suitable for the use intended. 4 ARTICLE 0 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE r . -m .,TX -1 ke-M - . 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 85%® of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge (capped at a maximum of $90.00) is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification and then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment by PROVIDER to City will include the registration commission and all non-resident surcharge fees. Payments will be made to the CITY within fifteen (15) business days of PROVIDER's receipt of each invoice. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. ARTICLE _ .-- • 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 6.1 City shall not have any insurance obligations related to this Agreement, and PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to fhe CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit - each occurrence $2,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured.. 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. ARTICLE 7.0 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated at the close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met or the CITY is otherwise unsatisfied with the program in its sole discretion. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2018, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty 7 (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission or surcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any other rights and remedies provided under this Agreement or at law or in equity. 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnify which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. WTU 11115611141 :1 1ITAU- I 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed by each party with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representatives) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and BRANDON ALLEN for the PROVIDER. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: Brandon Allen Newtown Rec/North Georgia Recreation 3000 Old Alabama Road, Suite 200 Johns Creek, GA 30022 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 10.11 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER shall provide evidence on CITY -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and PROVIDER's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period. Ice The PROVIDER hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to CITY. Further, PROVIDER hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractors) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. X 100 or more employees. Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 10.13 Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10. 15 Should any articles) or sections) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 10.16 Neither the CITY nor PROVIDER shall be liable for its respective non -negligent or non - willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST SUDIE GORDON, CITY CLERK ATTE T: Print: .�lC(< py. M&X-1Q At" Its: (Assistant) Corporate Secretary (required if corporation E MA MSS10,V%. '�► • cn ; C G Vi30Z) Q �O® NT �y 16116, CITY: JOE LOCKWOOD, MAYOR PRO DER: - Z"�' � 4 �w Print: &Ab h&4 Its: (circle one) - President/Vice President (Corporation) - General Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation 12 EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] 13 EXHIBIT "B" HOME OF ' JJA' MILT-"ON*k ESTABLISHED 2006 CRIMINAL HISTORY REQUEST FORM 1) This Request Is For: (Check Only One) 2) A History Is Requested On The Following Person: Full Name (Print): Code (E) - Provides Georgia Criminal History Information for Employment; Military; Licensing; Personal Use; International Travel; Permits of any kind; Adoptive Parents; City of Milton Employment; Other not listed Code (N) - Employment/Volunteer Working with the Elderly X Code (W) - Employment/Volunteer with Children Code (M) - Employment/Volunteer with the Mentally III Code (C) - Police Ride Along Request; Police Department Employment; Police Vendor/Contractor 2) A History Is Requested On The Following Person: Full Name (Print): A I give consent to in order to perform periodic criminal history background checks for the duration of my employment with this company (name of company: ). I hereby give consent for the Milton Police Department to conduct an inquiry and receive any Georgia criminal history record information pertaining to me which may be contained in the files of any state or local criminal justice agency in Georgia. This report is consid ed accurate at time of inquiry and may change at any time. I also understand this record check is $20.00 payable u equest. . PhotocvAy of a legal government ID must accompany this request. ZIC h.M-yl , win Sign ure of person whom criminal history is being inquired. Da e No Georgia Criminal History Record Information results available. Georgia Criminal History Record Information attached/released No NCIC/GCIC Warrant results available Possible NCIC/GCIC Warrant. Contact Agency: Agency Operator Signature & Title 14 Date of Inquiry/Time of Inquiry EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Name of Project Name of Public Employer W, I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , , 201 in (city), —(state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201—. NOTARY PUBLIC [NOTARY SEAL] My Commission Expi By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. This information wi/l be used for consideration of program proposals. Use one form per program. Name of Program: BOYS YOUTH LACROSSE (Fall 2018 ) Participant Ages: 5-14yrs. old boys Day/s of the week program is offered: 1-2 practices a week and 1-2 games on the weekend Time of Program: Practices are twice weekly for 1.5 hours beginning at 4:00pm, games are scheduled 1 hour and 15 minutes apart to 1 hour and 45 minutes apart on Saturdays (8.00am-9:30pm) or on Sundays (12:30pm- 7:45pm) Program Dates: Practice begins August 13th, First game September 8`h Last Game November 10/11`h (all weather permitting). Program Fee. U9 Boys- $170.00, U11 Boys- $180.00, Middle School Boys- $190.00 Program Enrollment: Minimum: 45 per age group Maximum: 125 per age group Materials to be supplied by participants: cleats/tennis shoes. Materials to be supplied by PROVIDER: Jersey, balls, cones, goals. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 200. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 1,000,000 General Liability Insurance Office Use Only.- Program nly.Program Rate:$_ 5 # of programs in Session: Fee/Program: Fall 2018 Participant Goal- 210 players EXHIBIT cess Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest This information will be used for consideration of program proposals. Use one form per program. Name of Program: BOYS YOUTH LACROSSE (Spring 2018 ) Participant Ages: 5-14yrs. old boys Day/s of the week program is offered. 1-2 practices a week and 1-2 games on the weekend Time of Program: Practices are twice weekly for 1.5 hours beginning at 4:OOpm, games are scheduled 1 hour and 15 minutes apart to 1 hour and 45 minutes apart on Saturdays (8:OOam-9:30pm) or on Sundays (12:30pm- 7:45pm) Program Dates: Practice begins January 15th, First game February 3rd (Jamboree) Last Game May 12"/13`h (all weather permitting). Program Fee: U9 Boys- $170.00, U11 Boys- $180.00, Middle School Boys- $190.00 Program Enrollment: Minimum: 45 per age group Maximum: 125 per age group Materials to be supplied by participants: cleats/tennis shoes. Materials to be supplied by PROVIDER: Jersey, balls, cones, goals. Field will be lined by provider. Materials to be supplied by the City of MILTON: Field to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 3000 Old Alabama Rd. Suite 200. Johns Creek, GA 30022 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): Brandon@newtownrec.com (Fax) 678 297-3920 1,000,000 General Liability Insurance Office Use Only.• Program Rate:$ # of programs in Session: 5 Fee/Program: Spring 2018 Participant Goal- 366 players NF1A1Tn1A/N.n1 HMr1NTn.RH Cf]VFRAt;FS CERTIFICATE NIIMRFR- RFVISIBN NLIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 01/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX IAIc, No, Ext): (800) 231-9963 (A/c, No):(888) 739-1233 Bitner-Henry Insurance Agency, Inc 401 E Antietam St., Ste B Hagerstown, MD 21740 AD RE , service@bitnerhenry.com INSURERS AFFORDING COVERAGE NAIL # DAMAGE TO RENTED 30Q,OOQ PREM E RENTED....$ INSURER A: Brotherhood Mutual Insurance 13523 PERSONAL&ADV INJURY $ 1'000'000 INSURED INSURER B: INSURERC: New Town Recreation, Inc INSURER D: 3000 Old Alabama Road #200 Johns Creek, GA 30022 INSURER E INSURER F: Cf]VFRAt;FS CERTIFICATE NIIMRFR- RFVISIBN NLIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF D POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADEX OCCUR10MEA0321804 X 07/14/2015 07114/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 30Q,OOQ PREM E RENTED....$ MED EXP (Any oneperson) $ - 5'000 PERSONAL&ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F__] JET F__] LOC OTHER: GENERAL AGGREGATE $ 3'000'000 PRODUCTS-COMPIOPAGG $ 3,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident)$ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERdY AMAGE Per asci ent $ UMBRELLA LIAB EXCESS LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DED, I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �, / N ANY PROPRIETR/PARTNER/EXECUTIVE ❑ gOER (MPandata yin NH( EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below N I A PER OTH- TA T E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ j I DESCRIPTION OF OPERATIONS 1 LOCA71ONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Milton is named as an additional insured on this policy in relation to use of facilities. City of Milton 2006 Heritage Walk Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TO: FROM: AGENDA ITEM: MEETING DATE: MIL T Nl� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 30, 2018 Steven Krokoff, City Manager Proclamation - Arbor Day 2018 Monday, February 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.�`A PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (4410 CITY ATTORNEY REVIEW REQUIRED: () YES (,ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0 11 "�) Z`' 6 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 Proclamation ARBOR DAY 2018 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, beautify our community, and are a source of joy and spiritual renewal; and WHEREAS, the City of Milton has been recognized as a Tree City USA Community each year since 2010; and WHEREAS, the City of Milton and our citizens are committed to the stewardship of our natural resources; NOW, THEREFORE, we, the Mayor and City Council of the City of Milton hereby recognize and proclaim for the year 2018, February 16th as Arbor Day and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and our environment and make Milton an even greater place to live, work, and raise a family. Given under my hand and Seal of the City of Milton, Georgia on this 5th day of February, 2018. ____________________________________ Joe Lockwood, Mayor P TO: FROM: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 30, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 60 "Vegetation" to Delete "Vegetation" and Replace with "Tree Canopy Conservation Ordinance" of the City Code of Ordinances. MEETING DATE: Monday, February 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: (jJ ES () NO CITY ATTORNEY REVIEW REQUIRED: (,JJS'ES () NO APPROVAL BY CITY ATTORNEY: (�XAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: v ZICA 70b 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us 1 www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on January 22, 2018 for the February 5, 2018 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 60 “Vegetation” to Delete “Vegetation” and Replace with “Tree Canopy Conservation Ordinance” of the City Code of Ordinances. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The city retained the consulting services of Constance (Connie) Head, Technical Forestry Services and started meetings with a stakeholder committee in October 2016. The first draft was provided in May 2017 and was further customized by the community and staff review and input. A Public Information Meeting was held on October 18, 2017 prior to the Planning Commission meeting. The draft was presented to the Planning Commission on October 25, 2017 where it was unanimously recommended to move to council for review. The draft was presented to council at the Monday November 13, 2017 work session. The adoption of the Milton Tree Canopy Conservation Ordinance will amend Chapter 60 - “Vegetation”, by deleting. – “Vegetation”, and replace with – “Tree Canopy Conservation Ordinance” of the City code of ordinances. Funding and Fiscal Impact: None Alternatives: None Legal Review: Jarrard & Davis, LLP. (01-22-2018) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Tree Canopy Conservation Ordinance Ordinance to Amend the Ordinance STATE OF GEORGIA ORDINANCE ____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 60 - “VEGETATION” TO DELETE - “VEGETATION” AND REPLACE WITH - “TREE CANOPY CONSERVATION ORDINANCE” OF THE CITY CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on February 5, 2018 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 60 of the City of Milton Code of Ordinances 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 5th day of February, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page i Table of Contents ARTICLE I. IN GENERAL .......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Community Forest Vision and Goals ................................................................................................. 1 3. Purpose and Intent ........................................................................................................................... 1 4. Administrator .................................................................................................................................... 2 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 2 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ................................................................................................................................. 9 9. Specimen Trees ............................................................................................................................... 10 10. Heritage Trees ............................................................................................................................. 11 11. City of Milton Tree Species List ................................................................................................... 13 12. City Tree Management ............................................................................................................... 14 13. Hazardous Trees on Private Property ......................................................................................... 14 14. Variances ..................................................................................................................................... 14 15. Appeals ........................................................................................................................................ 15 16. Inspections .................................................................................................................................. 16 17. Enforcement ............................................................................................................................... 17 18. Notice of Violation ...................................................................................................................... 17 19. Stop Work Order ......................................................................................................................... 18 20. Fines and Penalties ..................................................................................................................... 19 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ..........................................19 21. Tree Canopy Management ......................................................................................................... 19 22. Tree Canopy Priorities ................................................................................................................. 19 23. Tree Canopy Cover Requirements .............................................................................................. 20 24. Tree Removal Permit .................................................................................................................. 20 25. Tree Canopy Replacement .......................................................................................................... 23 ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY ....................................25 26. Tree Canopy Management ......................................................................................................... 25 27. Tree Canopy Priorities ................................................................................................................. 25 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page ii 28. Tree Canopy Plan ........................................................................................................................ 25 29. Tree Canopy Cover Requirements .............................................................................................. 29 30. Required Tree Locations ............................................................................................................. 33 31. Topped Trees .............................................................................................................................. 37 32. Minimum Landscape and Maintenance Requirements .............................................................. 37 33. Landscape Performance Bond .................................................................................................... 38 34. Certificate of Occupancy and Final Plat Approval ....................................................................... 39 35. Alternative Compliance ............................................................................................................... 39 36. Tree Canopy Fund ....................................................................................................................... 41 37. Timber Harvesting ....................................................................................................................... 41 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Community Forest Vision and Goals 2.1. The City of Milton’s natural and extensive tree canopy provides significant benefits and irreplaceable value to our quality of life. 2.2. The city is committed to managing its community forest to continually improve the quantity and quality of its vital green infrastructure. 2.3. It is the goal of the city to maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017, and to further achieve an average of 60 percent tree canopy cover across the city by 2033. 2.4. The city aims to measure average tree canopy cover across the city every 5 years using the latest GIS technology and use the results to evaluate the effectiveness of the tree ordinance and other tree management programs and policies in achieving the city’s tree canopy goals. 3. Purpose and Intent 3.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 3.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 2 4. Administrator 4.1. The director of the community development department or his/her designated agent(s) shall be the administrator of the tree ordinance. 4.2. The city arborist shall be the primary agent responsible for the administration of the tree ordinance for the administrator. 5. Applicability and Exemptions 5.1. The terms and provision of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a land disturbance permit, building permit, demolition permit, right-of-way encroachment permit or tree removal permit; c. Any activity that requires a certificate of occupancy, minor plat approval, certificate of conceptual plan approval, or final plat approval; and, d. All protected trees. 5.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: a. Removal of trees posing an imminent threat or under emergency conditions; b. Commercial tree nursery and tree farm operations; c. Trees directed to be removed by municipal, county, state or federal authorities pursuant to law; and, d. City trees removed or pruned by utility companies as part of routine vegetation management activities, except that all removal and pruning shall be done in accordance with the arboricultural standards set forth in the tree conservation manual. 5.3. A summary of tree ordinance applicability and exemptions is included in the Tree Conservation Manual. 6. Tree Conservation Manual 6.1. There is hereby adopted a Tree Conservation Manual that sets forth the required standards and procedures for all activities required by the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 3 6.2. The tree conservation manual may be modified by the administrator as necessary to reduce outcomes contrary to the purpose and intent of the tree ordinance. 7. Definitions 7.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein, or in the zoning regulations if not defined herein. 7.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Administrator. The Director of the City of Milton Community Development Department. c. Agent, designated or authorized. An individual or entity authorized by the administrator to assist in the administration and enforcement of the tree ordinance for the city; or, an individual or other entity authorized by a property owner to conduct development, construction, or arboricultural activities on their property. d. Agricultural land use. Use of a lot zoned AG-1 that is related to active farming, livestock, or ranching, including using land as pasture, an equestrian estate or horse farm, or in the production of crops, horticultural products, the keeping of livestock, including but not limited to poultry and hoofed animals such as cattle, horses, goats and sheep, for commercial purposes and the construction and maintenance of agricultural accessory buildings. e. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development, or right-of-way encroachment permit for a tree or property, or seeking approval for a tree canopy, tree protection, or tree planting and maintenance plan, or seeking approval for a minor subdivision plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy. f. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 4 and published by the International Society of Arboriculture (www.isa- arbor.com). g. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. h. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. i. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. j. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. k. City. The City of Milton, Georgia. l. City arborist. The agent of the City of Milton assigned by the director of the community development department with the primary responsibilities of administration and enforcement of the tree ordinance. m. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. n. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. o. Construction zone. The first 30 feet of the improved area adjacent to and extending out from buildings and other major structures, and the first 15 feet adjacent to and extending out from driveways, parking lots, other impervious surfaces and sanitary sewer systems (septic tanks and primary drainfields). p. Critical root zone (CRZ). For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of either the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 5 for a tree planted within the last 3 years, the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required by the tree, 1.5 feet for every 1 inch in DBH, or the area within the dripline. q. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. r. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. s. Developed property. A property on which improvements currently exist and for which a certificate of occupancy has been issued. t. Development permit. A land disturbance permit, building permit, demolition permit, minor plat approval, conceptual plan approval or other permit or approval issued by the community development department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. u. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk. v. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on-site. w. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. x. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 trees with 75 percent tree canopy cover. y. Growing season. March 1 to November 30. z. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. aa. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of irreversible decline, severe insect or disease infestation, severe chlorosis, or other life- threatening conditions. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 6 bb. Heritage tree(s). A tree or tree group that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. cc. Improved area. The area within 60 feet of and including the footprint of a building, pool, or other major structure, within 30 feet of and including a road, driveway, parking area, walkway, patio and other allowable impervious surface, and within 15 feet of and including the footprint of the sanitary sewer system (septic lines, tank and primary drainfield) proposed for a lot. dd. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. ee. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials. ff. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. gg. Lot. The basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. hh. Open soil surface area. The square foot area of the ground surrounding a planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the area required varies by the mature height class of the tree being planted. ii. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. jj. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. kk. Planting season. December 1 to March 1. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 7 ll. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. mm. Priority tree. A specimen or heritage tree. nn. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. oo. Protected tree. Any tree growing on city property, any tree 6 inches DBH or greater growing on developed property, any tree conserved or planted to meet tree ordinance requirements, any tree 2 inches DBH or greater growing on undeveloped property, any specimen tree, and any heritage tree. pp. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation. qq. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. rr. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. ss. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and specific criteria as set forth in the tree ordinance, as determined by the city arborist. tt. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the tree species list. uu. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 8 vv. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. ww. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. xx. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. yy. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. zz. Tree bank. A site registered with the city on city or private property with at least 8,000 square feet of open space where growing conditions are favorable for the establishment of trees, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. aaa. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. bbb. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. ccc. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. ddd. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the tree species list into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 9 eee. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule, and used for calculating payments into the tree canopy fund. fff. Tree conservation manual. A supplement to the tree ordinance containing standards and procedures required for tree ordinance compliance. ggg. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the tree species list into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). hhh. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. iii. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown. jjj. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. kkk. Tree species list. The City of Milton Tree Species List, which is located in the tree conservation manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. lll. Undeveloped property. A lot on which no improvements currently exist and for which no certificate of occupancy has been issued. mmm. Unhealthy tree. A tree with major structural defects, a live crown ratio less than 30 percent or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as determined by a certified arborist. 8. Protected Trees 8.1. There is hereby established a category of trees that shall be known as protected trees as defined herein. 8.2. Protected trees shall only be removed after the issuance of a tree removal permit or approval of a tree canopy plan. 8.3. Protected trees shall be passively protected throughout their lives as set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 10 9. Specimen Trees 9.1. A tree or tree stand shall be considered specimen if, as determined by the city arborist, it meets all the general criteria and at least one of the specific criteria as set forth herein. 9.2. An individual specimen tree must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant dieback or disfiguration; c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 9.3. An individual specimen tree must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a minimum DBH of 24 inches for a tree in the large height class, 18 inches for a tree in the medium height class, and a minimum DBH of 8 inches for a tree in the small height class; b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches; c. Rare or unusual species, shape or form; or, d. A tree specifically used by a builder, developer or design professional as a focal point in the landscape. 9.4. A specimen tree stand must be primarily composed of healthy trees, with no major insect or disease problems within the stand and must meet at least one of the following specific criteria: a. A relatively mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 11 e. A stand on a lot which is otherwise devoid of trees. 9.5. The city arborist shall make the determination of whether a tree or tree stand meets the criteria for specimen tree designation. 9.6. If removal of a specimen tree is approved, replacement requirements shall be as set forth in Section 25 of the tree ordinance. 9.7. When development is proposed for a lot, individual and stands of specimen trees shall be identified during the site survey process and documented on the tree canopy plan. 9.8. Special consideration shall be made to work around specimen trees and protect them. 9.9. Cost effective options for site, building, utility placement and hardscape and landscape designs that successfully conserve specimen trees are strongly encouraged. 9.10. All specimen trees successfully conserved and protected to meet tree canopy cover requirements shall be given 10 percent additional tree canopy cover credit over the actual or standard credit. 10. Heritage Trees 10.1. A tree or tree group shall be designated as heritage if it meets the criteria set forth herein, as determined by the administrator. 10.2. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. 10.3. Trees may be nominated for heritage tree status by either the tree owner or the city arborist by submitting a heritage tree nomination form to the community development department. 10.4. Within 15 business days after the submittal of a completed nomination form by a property owner to the community development department, the city arborist shall provide the administrator with a recommendation on whether the nominated tree or tree group should be designated as heritage. 10.5. For a tree or tree group to be designated as heritage, it must meet all the general criteria and at least one of the specific criteria set forth herein and as determined by the administrator. 10.6. A heritage tree or tree group must meet all the following general criteria: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 12 a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist. b. Crown size and shape typical of the species without significant defects, dieback or disfiguration. c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area. d. No major insect or disease problems. e. Free from severe mistletoe infestation causing irreversible tree decline. 10.7. A heritage tree or tree group must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission. b. Documented age greater than 75 years old. c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator. d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a Landmark or Historic Tree. e. Documented historical significance. 10.8. When a tree removal permit application is submitted for a potential heritage tree or tree group, the city arborist shall inform the tree owner that the tree or tree group meets the criteria and will be nominated for heritage tree status before the tree removal permit is issued. 10.9. Only those trees listed on a tree removal permit application shall be eligible for heritage tree nomination by the city arborist. 10.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a heritage tree or tree group, the city arborist shall inform the applicant that one or more trees on the lot meets heritage tree criteria and will be nominated for heritage tree status before the tree canopy plan is approved. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 13 10.2. Special consideration shall be made to work around heritage trees and protect them. 10.3. When development is proposed for a lot, heritage trees shall be identified during the site survey process and documented on the tree canopy plan. 10.4. Cost effective options for building, site, hardscape and landscape designs and utility placement that successfully conserve heritage trees are strongly encouraged. 10.5. The city arborist shall maintain a current list of designated heritage trees. 10.6. Heritage tree locations shall be recorded on the city’s GIS system. 10.7. All heritage trees successfully conserved and protected to meet tree canopy cover requirements shall be given 20 percent additional tree canopy cover credit over the actual or standard credit. 11. City of Milton Tree Species List 11.1. There is hereby adopted a City of Milton Tree Species List as set forth in the tree conservation manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 11.2. The tree species list shall also include species not approved for tree conservation or planting to meet requirements that are invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well-suited to regional growing conditions. 11.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the City of Milton Tree Species List. 11.4. A species of tree not on the City of Milton Tree Species List, or not approved for planting in a specific location, may be approved for planting by the city arborist if the species: a. Has a reasonable chance of success in the landscape; b. Is recommended by a certified arborist; c. Is not proposed for planting in large quantities; and, d. Has growth or habit characteristics that fit a specific need for the location. 11.5. Tree species not listed or approved by the city arborist for tree conservation or planting for the purpose of meeting tree canopy cover requirements shall not be eligible for tree canopy cover credit. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 14 12. City Tree Management 12.1. The city shall have the right to manage city trees, including planting, maintaining, pruning and removing trees within the rights-of-way of all city streets, roads, and highways, in parks, around city facilities, and on other city property as may be deemed necessary or desirable to achieve community forest goals. 12.2. It shall be unlawful and a violation of the tree ordinance to damage, destroy or remove any city tree, or engage in any prohibited activity listed in the tree protection standards within the critical root zone of a city tree, without a tree removal permit, right-of-way encroachment permit, or prior approval of the city arborist. 12.3. A tree protection plan submitted by the applicant and approved by the city arborist and a right-of-way encroachment permit issued by the department of public works shall be required prior to the commencement of any activity that is proposed on city property within the critical root zone of a city trees. 13. Hazardous Trees on Private Property 13.1. The city shall provide a written notice to the owner of any tree on private property that is in a hazardous condition and threatens public health, safety and welfare. 13.2. The written notice shall state the type of risk, the mitigation required and the time within which the mitigation shall occur. 13.3. Should the property owner fail to mitigate the risk within the stated time, the city may cause to have the risk mitigated and require the property owner to reimburse the city for the cost of such mitigation. 14. Variances 14.1. A person requesting a variance from the provisions of the tree ordinance shall do so in writing to the director of the community development department. 14.2. All variance requests shall be accompanied by a completed variance request application, a tree canopy plan or other documentation requested by the city arborist and a non-refundable filing fee in the amount set forth in the city’s current fee schedule. 14.3. The city arborist shall provide a recommendation on whether to approve the variance request to the board of zoning appeals. 14.4. The board of zoning appeals shall review the city arborist’s recommendation and decide on whether to approve the variance request. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 15 14.5. The board of zoning appeals may approve a variance to any provision of the tree ordinance where the unique natural features of the lot are such that application of these regulations would create an undue hardship to the property owner, and in other instances where an undue hardship is created for the property owner. 14.6. The following factors shall be considered in evaluating the variance request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 15. Appeals 15.1. Any person aggrieved or adversely affected by any decision of the city arborist relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the director of the community development department for relief or reconsideration. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 16 15.2. Any person aggrieved or adversely affected by any decision of the director of the community development department relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the board of zoning appeals through the director of the community development department. 15.3. Appeals shall only be granted for errors of interpretation. 16. Inspections 16.1. The administrator or his/her agent(s) shall have the authority to conduct inspections as required by the tree ordinance, and periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 16.2. No person shall refuse entry or access to any authorized agent(s) of the city who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. 16.3. The city arborist shall be the primary individual responsible for conducting site inspections and, at a minimum, shall make the following inspections: a. Prior to approval of a tree removal permit, right-of-way encroachment permit, tree canopy plan, tree protection plan, or tree planting and maintenance plan and prior to making a recommendation to the Planning Commission on a tree ordinance variance request for the purpose of assessing site and tree conditions; b. After permit or plan approval and after installation of tree protection measures required and before any land disturbance or right-of-way encroachment occurs to assess compliance with tree protection requirements; c. Prior to the issuance of a certificate of occupancy or final plat approval to assess compliance with the tree canopy plan and all tree ordinance requirements; and, d. One (1) and three (3) years after project completion and issuance of a certificate of occupancy or final plat approval to assess tree health and survival on properties with an approved tree canopy plan. 16.4. Additional site inspections may take place at any time before, during and/or after project completion to monitor compliance with applicable tree ordinance requirements. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 17 16.5. The city arborist shall document each inspection on a site inspection form. 16.6. The city arborist may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photography for assessing ongoing compliance with tree canopy cover requirements, and shall maintain a record of such measurements. 17. Enforcement 17.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree ordinance. 17.2. The administrator or his/her agent(s) shall have the authority to modify, revoke, suspend, or void any development permit, right-of-way encroachment permit or tree removal permit and suspend all work on a property or any portion thereof if a violation occurs until it is determined that the property is in full compliance with the tree ordinance. 18. Notice of Violation 18.1. If, through inspection, it is determined that an applicant, his/her authorized agent(s), or other person or company has engaged in land disturbing or other prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and/or other person or company responsible for the land disturbance or prohibited activity. 18.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 18.3. If the applicant, his/her authorized agent(s), or the person or company otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to a citation and may be subject to a stop work order, fines, and penalties pursuant to sections 19 and 20 of the tree ordinance. 18.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the city’s fee schedule. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 18 19. Stop Work Order 19.1. The administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time that the violation has been remedied to the satisfaction of the city arborist. 19.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the city arborist or city inspector determines that work must be stopped immediately to avoid further damage. 19.3. The stop work order shall: a. Be in writing; b. State specific violations; c. Be given to the applicant, property owner, the authorized agent(s) of either, or the person performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 19.4. Where an emergency exists, a verbal order to stop work by the administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 19.5. The city arborist may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 19.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Land disturbing or tree removal within state water buffer or zoning buffer; b. Land disturbance within the critical root zone of protected trees or removal of trees designated for conservation on an approved tree canopy plan; c. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, d. Improper installation or maintenance of required tree protection measures. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 19 20. Fines and Penalties 20.1. Fines and penalties shall be assessed for citations, according to the following criteria: a. Any person who violates any provisions of the tree ordinance may be fined up to $1,000 per tree; b. Each calendar day a violation exists shall be considered a separate offense; c. There are no maximum limitations to the accrual of fines; d. In the event a city tree is damaged or destroyed, the person responsible may be required to reimburse the city for the appraised tree value; e. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; f. Offenses shall be tried in Milton Municipal Court; g. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, h. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY 21. Tree Canopy Management 21.1. On developed properties, tree canopy cover shall be managed through establishing tree canopy priorities, tree canopy cover requirements and tree removal permitting and replacement requirements. 22. Tree Canopy Priorities 22.1. Priority areas on developed properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages; c. Turf areas; d. Required yards; e. Landscape strips and landscape islands; and, f. Buffers. 22.2. Priority trees for conservation shall be specimen and heritage trees. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 20 23. Tree Canopy Cover Requirements 23.1. The minimum amount of tree canopy cover required on a developed lot, in the absence of further development, shall be the amount existing as of the date of adoption of the tree ordinance. 23.2. When an application for a land disturbance, building or demolition permit for additional improvements to a developed lot that will affect, in any way, the existing tree canopy cover on the lot, or when an application for minor plat approval or conceptual plan approval is submitted for a lot previously developed, the amount of tree canopy cover required shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance, and a tree canopy plan shall be required. 24. Tree Removal Permit 24.1. On a developed lot that is not undergoing further development or improvement, a tree removal permit is required prior to the removal of any protected tree or before any protected tree is irreparably damaged or destroyed, resulting in the need for its removal. 24.2. The removal of a protected tree without a tree removal permit shall constitute a violation of the tree ordinance and may result in a citation and fine for the tree owner and any person involved in cutting, removing or damaging the tree. 24.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the community development department. 24.4. A tree removal permit shall not be required for the removal of city trees by the city or its authorized agent(s). 24.5. A tree removal permit is not required to remove a tree causing imminent threat to people, property or public health, safety and welfare or under emergency conditions. 24.6. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 24.7. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 24.8. The city arborist shall make a site visit to inspect the trees proposed for removal within 10 days of the date of application and prior to approving or denying the tree removal permit application to: a. Verify the information contained in the application; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 21 b. Verify the amount of tree canopy cover proposed for removal; c. Determine replacement requirements; and, d. Evaluate other conditions on the lot that may affect the city arborist’s decision to approve or deny the tree removal permit application. 24.9. A tree removal permit shall be approved if one or more of the following conditions are met, as determined by the city arborist, or a written report from a certified arborist: a. Tree is dead, unhealthy, or invasive; b. Tree is in irreversible decline or at the end of its normal life span; c. Tree is infested with an insect or disease that has compromised the tree’s health and survival, or may harbor an insect or disease organism that threatens surrounding trees; d. Tree is at risk for whole or partial tree failure; e. An unresolvable conflict exists between the tree and overhead utility lines, underground utility lines, utility infrastructure, sidewalks, walkways, other paved surfaces, or an existing structure; f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic sign, or other safety-related clearance; g. Trunk wounds with decay exist that cover greater than 25 percent of the circumference of the trunk; h. Trunk cavity or central column of decay exists that is greater than two-thirds the diameter of the trunk at the point of the cavity; i. Structural defects exist in the scaffold limbs, where defect correction through pruning will result in removal of 50 percent or greater of the tree’s crown; j. Litter originating from the tree creates an unsafe condition or poses a hazard to public health, safety and welfare; or, k. Tree is located such that a desired use on a lot (construction, installation, or expansion of a building, pool, garden, or other site amenities) is not possible without the removal of the tree, except that every effort shall be made to place such structures or amenities where tree removal will not be required. 24.10. A tree removal permit may be approved under other unique conditions or extenuating circumstances by the city arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 22 24.11. Conditions under which protected tree removal is not permitted include but are not limited to: a. Removal of trees in excess of the number of trees necessary for the reasons stated on the permit application; b. Tree health or structural issues have not been confirmed by the city arborist or a certified arborist; c. Tree removal is proposed for the purpose of sign installation, clearance or visibility, excluding traffic, directional, warning or information signs owned by any public or semi-public agency; d. For unwanted production of a normal amount of leaves, fruit, or other organic litter that does not create an unsafe condition or that is not a hazard to public health, safety and welfare; e. To reduce the amount of native tree canopy cover on the lot to install formal, non-native landscaping; f. To substantially increase the amount of turf on the lot without a specific purpose; and, g. To substantially increase the amount of impervious surface on the lot through paving, building construction, or other such impervious feature without an approved tree canopy plan. 24.12. The city arborist will take into consideration the amount of tree canopy cover existing on the lot at the time of application for a tree removal permit, the total square feet of tree canopy cover proposed for removal, and the number of tree removal permits approved for the lot within the last five (5) years. 24.13. When trees are removed on a lot without a tree removal permit under imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone, text or e-mail to the city arborist prior to or immediately after the removal. 24.14. Should the city arborist determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 25 of the tree ordinance. 24.15. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 25. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 23 25. Tree Canopy Replacement 25.1. The square feet of tree canopy cover provided by a protected tree that is approved for removal on a lot shall be replaced if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.2. The square feet of tree canopy cover provided by a protected tree that is topped on a developed commercial or non-residential lot shall be replaced on the lot regardless of whether the lot has the minimum tree canopy cover listed in Table 1. 25.3. Tree canopy replacement shall not be required after the approved removal of a dead, unhealthy, or invasive tree, a tree posing an imminent threat, or a tree removed under emergency conditions. 25.4. Tree canopy replacement shall not be required after the approved removal of trees on a AG-1 zoned lot greater than 1.5 acres that is intended for agricultural land use or use as an equestrian estate or horse farm as follows: a. A waiver of minimum tree canopy cover requirements shall be assigned to the lot if requested in writing by the property owner. b. If the lot is not used for agricultural use, an equestrian estate, or horse farm within 2 years after the approved removal of trees for such use then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be required on the lot within 1 year after the issuance of a written notice of non-compliance by the city. c. Upon application for a development permit on a lot with a waiver of minimum tree canopy cover requirements: 25.4.c.1. The waiver shall become invalid; 25.4.c.2. Tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance; 25.4.c.3. A tree canopy plan shall be required showing how tree canopy cover requirements will be met on the lot; and, 25.4.c.4. No development permits shall be issued until a tree canopy plan is approved by the city arborist for the lot. 25.5. For specimen tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 20 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 24 25.6. For heritage tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 40 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.7. Protected trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits, including specimen or heritage trees, shall require replacement of no more than one-half of the tree canopy cover approved for removal. 25.8. Replacement trees shall be a minimum of 2-inch caliper for non-specimen and non-heritage protected trees and 4-inch caliper for specimen or heritage trees at the time of planting. 25.9. When a protected tree is removed without a tree removal permit, two (2) times the standard tree canopy cover credit for the species for non-specimen and non- heritage protected trees, and four (4) times the canopy removed or standard tree canopy cover credit, whichever is greater, for specimen trees and eight (8) times the canopy removed or standard tree canopy cover credit, whichever is greater, for heritage trees, shall be replaced on the lot with 4-inch caliper trees regardless of whether the lot meets minimum tree canopy cover requirements. 25.10. For specimen and heritage tree removal and replacement on commercial and non-residential properties, an approved tree planting and maintenance plan as described in Section 27 shall be required prior to the approval of a tree removal permit. 25.11. A tree planting and maintenance plan shall be required for replacement of specimen and heritage trees on developed commercial and non-residential properties; the plan shall be drawn to scale and include the following: a. Location of lot boundaries; b. Trunk location, species, DBH, and actual tree canopy cover of specimen and heritage trees proposed for removal; c. Trunk location, species, caliper, and tree canopy cover credit for replacement trees proposed for planting; d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 25 e. Contact information for the person responsible for monitoring compliance with the tree planting and maintenance plan. 25.12. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the tree conservation manual. 25.13. Alternative compliance for tree replacement, as further described herein, may be recommended by the city arborist and approved by the administrator. 25.14. Replacement trees shall be passively protected throughout their lives. ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY 26. Tree Canopy Management 26.1. On undeveloped properties, tree canopy cover shall be managed through tree canopy cover requirements, and tree conservation and planting to meet those requirements. 27. Tree Canopy Priorities 27.1. Priority areas on undeveloped properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages: c. Parking lots; d. Landscape strips and landscape islands; and, e. Buffers. 27.2. Priority trees for conservation shall be specimen and heritage trees. 28. Tree Canopy Plan 28.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance, building, or demolition permit, minor subdivision plat or conceptual subdivision plan. 28.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 28.3. The tree canopy plan shall be certified by a certified arborist or registered forester. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 26 28.4. The tree canopy plan shall include a site survey, a tree protection plan for existing trees that will remain on a lot and a tree planting and maintenance plan for trees to be planted on the lot to meet tree canopy cover requirements, and shall include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, DBH, species of all individually growing trees on the lot, with specimen and heritage trees identified; c. Location of tree groups and forested areas with description of primary species and average DBH; d. Trunk location, species, DBH, location of the critical root zone and square feet of tree canopy cover of individual trees proposed for conservation; e. Trunk location, species, and caliper of all trees proposed for planting; f. Outline of the improved area and construction zone; g. Location of all existing and proposed improvements, including buildings, driveways, walkways, other structures and impervious surfaces, and sanitary sewer systems; h. planting, staking and mulching; i. Location and type of all existing and proposed utilities; j. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; k. Location of equipment washout rea and equipment maintenance area outside of all tree protection zones and tree planting areas. l. Location of ingress and egress points and access roads for vehicles and construction equipment; m. Grade changes, areas of excavation and fill, location of retaining walls, and other changes to the existing grade that may affect the critical root zones of trees proposed for conservation; and, n. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 28.5. The site survey shall be certified by a registered surveyor. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 27 28.6. A tree protection plan shall be required as part of the tree canopy plan when trees are proposed for conservation to meet tree canopy cover requirements and may be a separate plan or a part of the tree canopy plan. 28.7. A tree protection plan shall be required with an application for a right-of-way encroachment permit either related, or unrelated, to development, for any activity on city or private property that will encroach on the critical root zone of a city tree. 28.8. The tree protection plan shall be certified by a certified arborist or registered forester. 28.9. The city arborist shall be responsible for reviewing all tree protection plans and shall determine whether the tree protection plan complies with all applicable tree ordinance requirements. 28.10. For tree protection plans required for right-of-way encroachment permit applications, a tree protection plan review fee shall be required at the time of application in an amount set forth in the city’s fee schedule. 28.11. The tree protection plan shall include the following: a. Map of the lot delineating where disturbance activity will occur; b. Trunk location, species, and DBH of trees to be protected; c. Location of the limits of the critical root zones and tree protection fencing; d. Notations of all methods of tree protection to be used with descriptions of materials to be used; e. Illustrations and construction details for tree protection zone and tree protection fencing; f. Sign and text size, color, composition, and text of signage to be used in identifying the area as a tree protection zone; and, g. Name and contact information for the person responsible for monitoring and maintaining tree protection measures during construction. 28.12. A tree planting and maintenance plan shall be required as part of the tree canopy plan when trees are proposed for planting on a lot to meet tree canopy cover requirements, and for the planting of replacement trees for specimen and heritage trees approved for removal on developed commercial and non- residential properties. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 28 28.13. The tree planting and maintenance plan shall be certified by a certified arborist, registered forester, or registered landscape architect. 28.14. The city arborist shall be responsible for reviewing all tree planting and maintenance plans and shall determine whether the plan complies with all applicable tree ordinance requirements. 28.15. The tree planting and maintenance plan required with the tree canopy plan shall be drawn to scale and shall include the following: a. Location of lot boundaries. b. Trunk location, species, caliper of all trees proposed for planting on the lot to meet tree canopy cover requirements; c. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, d. Contact information for person responsible for monitoring compliance with the tree planting and maintenance plan. 28.16. The tree canopy plan, site survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted 28.17. The city arborist shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan shall be approved, denied, or approved with changes. 28.18. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 28.19. No tree damage or removal, or land disturbance shall take place on an undeveloped lot without an approved tree canopy plan showing how tree canopy cover requirements will be met. 28.20. Conformance with all aspects of an approved tree canopy plan, as determined by the city arborist, shall be required prior to the issuance of a certificate of occupancy or final plat approval. 28.21. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 29 29. Tree Canopy Cover Requirements 29.1. Tree canopy cover shall be required on all undeveloped properties as a condition of development. 29.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing outside of the improved area and within the lot boundaries, or the minimum amount set forth in Table 1, whichever is greater, and shall include trees in required locations as described in Section 29. 29.3. The minimum amount of tree canopy cover required shall be based on the zoning district, and lot size for residential properties, and shall be as set forth in Table 1. Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 60% C-1 50% CBS 50% CS 50% CUP 60% H 30% MHP 60% MIX 40% NUP 60% O-I 40% R-1 60% R-2 60% R-2A 60% R-3 50% R-3A 50% R-4 50% R-4A 50% R5 40% R-5A 40% R-6 40% Suburban A 50% T2 60% T3 50% T4 30% City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 30 Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area T4 - Open 30% T4P 30% T4R 30% T5 10% T5R 10% T6 10% TR 30% Residential lots less than 1 acre, regardless of zoning district 40% Residential lots less than 1/3 acre, regardless of zoning district 20% Residential lots greater than 1.5 acres with documented agricultural land use 0% Residential lots greater than 1.5 acres with 25 percent or less tree canopy cover for 10 years prior to development ½ tree canopy cover requirement for the zoning district Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 15 percent impervious surface cover The requirement for the zoning district less 5 percent Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 10 percent impervious surface cover The requirement for the zoning district less 10 percent 29.4. In subdivision developments, tree canopy cover requirements shall apply to both the entire development and to each lot within the development. 29.5. Residential lots that are greater than 1.5 acre and have had 25 percent tree canopy cover or less for at least 10 years prior to development shall have their minimum tree canopy cover requirement reduced by one-half, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. 29.6. Residential lots that are 5 acres or greater in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 5 percent (for example, a requirement of 60 percent becomes 55 percent) if they also have less than 15 percent total impervious surface on the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 31 lot, or by 10 percent (i.e., a requirement of 60 percent becomes 50 percent) if they also have less than 10 percent total impervious surface on the lot. 29.7. Residential lots that are greater than 1.5 acre shall be exempt from minimum tree canopy cover requirements if the proposed use is for an equestrian estate, horse farm or other agricultural land use, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. In such cases, a waiver of minimum tree canopy cover requirements shall be assigned to the lot. If the property is not used for agricultural use, an equestrian estate, or horse farm for any 2-year period after the issuance of a certificate of occupancy, then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be established on the lot within 1 year after issuance of a written notice of non-compliance by the city. 29.8. Recompense for specimen trees approved for removal within the improved area shall be required at 120 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.9. Recompense for heritage trees approved for removal within the improved area shall be required at 140 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.10. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow. a. All healthy trees outside of the improved area shall be conserved and protected from damage during construction. b. Trees outside of the construction zone, but within the remaining improved area, may be conserved for tree canopy cover credit if they can be successfully protected from damage during construction as determined by the city arborist. c. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. d. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations and Section 29 of the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 32 e. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list or otherwise known to be invasive, shall be eligible for tree canopy cover credit. f. Every effort should be made to conserve trees, especially pine trees, in groups or stands as the conservation of a single or few trees previously growing within a stand will predispose such trees to windthrow. g. Individual trees without overlapping crowns shall be given their actual tree canopy cover or the standard tree canopy cover credit for the species. h. Groups of 4 or less trees with overlapping crowns and less than 2,500 square feet of tree canopy cover shall be given the actual tree canopy cover credit for the group as a whole. i. Forested areas shall be given the actual tree canopy cover credit for the forested area as a whole. j. Individual trees within forested areas shall not individually or separately be given tree canopy cover credit. k. Forested areas shall remain in an undisturbed condition and turf, mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the limits of the forested area. l. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. m. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. n. A tree removal permit is required to remove a protected tree within a forested area. o. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction and passively protected at all times. p. On commercial and other non-residential properties, specimen and heritage trees that have been conserved to satisfy tree canopy cover requirements shall be passively protected throughout their lives. q. Tree canopy cover credit shall be assigned to conserved individual trees and groups of trees as further set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 33 29.11. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the tree species list located in the tree conservation manual. c. Trees planted to meet tree canopy cover requirements shall be passively protected at all times. 30. Required Tree Locations 30.1. Rural Viewsheds a. Where rural viewsheds are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees in a rural viewshed shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. For example, if the rural viewshed has 3,000 square feet of actual tree canopy cover, a bonus of 600 square feet will be added as a bonus for a total credit of 3,600 square feet. c. Individual conserved or planted trees within rural viewsheds shall not be given tree canopy cover credit individually or separately. d. No disturbance of the vegetation, including herbaceous plants, shrubs or vines, is allowed within forested areas conserved for rural viewsheds, except for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria montana var. lobata), or English ivy (Hedera helix) and other invasive species with city arborist approval. e. Trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. 30.2. Road Frontages a. In all new developments, a minimum of 1 street tree per 30 linear feet shall be required along road frontages on private property to provide tree canopy over paved streets, sidewalks, and trails. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 34 b. Street tree requirements may be met with either conserved or planted trees. c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the tree conservation manual. d. Trees of the largest mature height and widest tree canopy size classes that match the available growing space within the road frontage shall be planted. e. Street trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. f. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the city arborist and public works director. 30.3. Parking Lots a. Parking lot landscaping shall conform to requirements in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64- 238 – Parking lot landscaping, and to the requirements set forth herein. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. All parking lots shall be required to have a minimum of 60 percent tree canopy cover. c. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. d. There shall be a minimum of one (1) very wide or wide canopy tree for every 6 parking spaces. e. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. f. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. g. No parking space shall be greater than 60 feet from the trunk of a tree. h. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface and rooting area in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 35 i. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. j. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. k. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the city arborist if the design meets the intent and purpose of the tree ordinance. 30.4. Landscape Strips a. Landscape strips shall be required as set forth in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64-237 – Minimum landscape strips and buffers, zoning regulations and the requirements set forth herein; where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees within required landscape strips shall be provided as follows: 30.4.b.1. In landscape strips 25 feet wide or less, a minimum of one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.3. Clumping is permitted to create a more natural-looking landscape. 30.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 30.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 30.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species list shall not be used to satisfy landscape strip requirements unless City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 36 adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 30.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 30.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance. 30.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 30.4.b.10. Signs within required landscape strips shall be subject to the approval of the department of community development and may only be located in areas of turf or groundcover, and shall not conflict with the growing space designated for trees and shrubs. 30.4.b.11. The deposition of stormwater runoff into drainage swales through landscape strips is not permitted. Exceptions will be considered by the city arborist only if this standard will create an undue hardship to the property owner. Unless approved by the city arborist, the width of a drainage easement through a landscape strip shall not exceed the width of the strip. 30.4.b.12. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence placement within the landscape strip will be determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 30.5. Buffers a. Buffers required pursuant to Chapter 64 – Zoning shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, they must be replanted. b. Required buffers shall remain undisturbed and actively protected for the duration of the permitted use for the site. c. Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings. d. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the tree species list and shall be subject to the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 37 approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the tree species list. e. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. f. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet g. Drainage through buffers is subject to the approval of the administrator. h. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. i. All buffers require a 10-foot improvement setback interior to the buffer. j. No grading is allowed in the improvement setback unless permission is obtained from the administrator. k. Signs are not permitted within required undisturbed buffers. 31. Topped Trees 31.1. Trees that have been topped shall not be eligible for tree canopy cover credit. 31.2. On developed commercial and non-residential properties, the credit previously given to a protected tree as shown on an approved tree canopy plan that is subsequently topped shall be revoked and replacement tree canopy shall be required in an amount equal to the tree canopy credit assigned to the topped tree. 32. Minimum Landscape and Maintenance Requirements 32.1. Prior to the issuance of a certificate of occupancy or final plat approval, minimum landscape requirements shall be met that include the following: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 38 a. All exposed ground on a lot shall be covered with either turf, herbaceous plants, shrubs or trees; b. The planting of English ivy, Chinese privet, kudzu or other invasive species as a ground cover shall be prohibited; c. The critical root zone of all individually growing trees shall be mulched; d. Tree groups not within a forested area shall be mulched as a group; e. Forested areas shall be left undisturbed with the natural leaf litter layer on the surface remaining intact; and, f. Mulching shall conform to the standards set forth in the tree conservation manual. 32.2. After the issuance of a certificate of occupancy or final plat approval, minimum landscape maintenance shall include the requirements that follow. a. Protected trees that are approved for removal shall be replaced pursuant to Section 25. b. Trees required within rural viewsheds, road frontages, landscape islands, landscape strips and buffers shall be maintained in accordance with the standards set forth in the tree conservation manual. c. Trees planted to meet tree ordinance requirements shall be passively protected at all times. 33. Landscape Performance Bond 33.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. 33.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates provided by the applicant. 33.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 33.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 33.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 39 34. Certificate of Occupancy and Final Plat Approval 34.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 34.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 35. Alternative Compliance 35.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the administrator pursuant to the provisions of this section. 35.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. 35.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 35.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 35.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 40 35.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the tree conservation manual. 35.7. The use of the tree bank shall be approved by the administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. 35.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the tree bank site; and, e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 35.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 35.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 35.11. The applicant shall be responsible for the planting of trees off-site in a tree bank. 35.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 35.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 35.14. The removal of trees within a tree bank shall require a tree removal permit. 35.15. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 41 requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 35.16. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 36. Tree Canopy Fund 36.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 36.2. In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; b. Fees for tree-related permits and plans review; and, c. Fines for violation of the tree ordinance. 36.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 37. Timber Harvesting 37.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the community development department before any timber harvesting may commence. 37.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 37.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 37.4. Thinning shall be allowed in all zoning districts and land uses. 37.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 42 37.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operations unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 37.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the tree conservation manual. 37.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 37.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 37.10. Compliance with the soil erosion and sedimentation control ordinance is required. 37.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance Tree Conservation Manual Draft 4.5 January 8, 2018 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page i TABLE OF CONTENTS 1. INTRODUCTION ....................................................................................................................... 1 2. TREE BENEFITS ......................................................................................................................... 1 3. TREE CANOPY COVER CALCULATION PROCEDURES ................................................................ 2 A. Assigning Tree Canopy Cover Credit .................................................................................... 2 B. Determining the Actual Tree Canopy Cover of Existing Trees ............................................. 2 C. Standard Canopy Cover Credit for Planted Trees ................................................................ 4 D. Calculating Tree Canopy Cover for a Site ............................................................................. 4 4. ARBORICULTURAL STANDARDS ............................................................................................... 5 A. Tree Protection Standards ................................................................................................... 5 Active Tree Protection .......................................................................................................................... 5 Prohibited Activities .............................................................................................................................. 5 Tree Protection Measures .................................................................................................................... 6 Tree Protection Signs ............................................................................................................................ 6 Passive Tree Protection ......................................................................................................................... 7 B. Tree Establishment Standards ............................................................................................. 7 Tree Height Class ................................................................................................................................... 7 Tree Placement Standards .................................................................................................................... 8 Species Selection Standards .................................................................................................................. 9 Tree Size and Quality Standards ........................................................................................................... 9 Soil Preparation Standards.................................................................................................................. 10 Tree Planting Standards ...................................................................................................................... 11 C. New Tree Maintenance Standards .................................................................................... 11 D. Established Tree Maintenance Standards ......................................................................... 12 Tree Pruning Standards ....................................................................................................................... 12 Mulching Standards ............................................................................................................................ 13 Fertilization Standards ........................................................................................................................ 13 Tree Supplemental Support System Standards .................................................................................. 14 Lightning Protection System Standards .............................................................................................. 14 E. Tree Removal Standards .................................................................................................... 14 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page ii Appendix A. Applicability and Exemptions Summary Charts ...................................................... A1 Appendix B. Approved Tree Species List ...................................................................................... B1 Appendix C. Standard Applications, Checklists, Forms and Worksheets .................................... C1 Appendix D. Illustrations and Construction Details ..................................................................... D1 1. Calculating Actual Tree Canopy Cover ............................................................................... D2 2. Calculating Tree Canopy Cover Percent ............................................................................. D3 3. Critical Root Zone (Plan View) ........................................................................................... D5 4. Tree Mulching Detail – Newly Planted Tree ...................................................................... D6 5. Tree Mulching Detail – Conserved Tree ............................................................................ D7 6. Tree Protection Zone Detail ............................................................................................... D8 7. Tree Protection Fencing Detail .......................................................................................... D9 8. Tree Protection Area Sign Detail ...................................................................................... D10 9. Tree Planting Detail .......................................................................................................... D11 10. Tree Staking Detail .......................................................................................................... D12 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 1 1. INTRODUCTION This Tree Conservation Manual is a supplement to the City of Milton’s Tree Canopy Conservation Ordinance and contains required administrative and arboricultural standards and procedures for tree ordinance implementation and compliance. The information in this tree conservation manual may be revised as necessary with the approval of the director of the community development department (the administrator of the tree ordinance) to reduce unintended outcomes and better meet the commun ity forest vision and goals, and the purposes and intent of the tree ordinance. 2. TREE BENEFITS Trees provide significant and irreplaceable functions and benefits to the citizens of Milton, to visitors to the city, and to businesses operating within the city. The purposes of the city’s Tree Canopy Conservation Ordinance and this Tree Conservation Manual are to increase and optimize the following functions and benefits of trees and tree canopy cover.  Trees produce oxygen and absorb carbon dioxide, thereby reducing air pollution and improving air quality.  Trees filter out dust, particulate matter, and airborne pollutants, thereby improving air quality.  Trees intercept precipitation, thereby reducing stormwater runoff and improving water quality.  Trees and the community forest ecosystem provide habitat for desirable wildlife and provide food and shelter for birds which in turn assist in control of insects.  Trees reduce energy usage and air conditioning and heating costs by lowering air temperatures, providing shade and windbreaks, and through evapotranspiration of moisture from their leaves.  Trees buffer different land uses to eliminate or minimize nuisances such as dust, noise, glare and signs, and provide privacy and screening of traffic, unsightly buildings and parking areas.  Trees improve public health by reducing stress, encouraging exercise, calming traffic, decreasing illness recovery times, reducing crime and improving concentration. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 2  Trees attract residents, visitors and commerce to communities and increase the value and marketability of property.  Trees beautify the city and protect and enhance the quality of life. 3. TREE CANOPY COVER CALCULATION PROCEDURES A. Assigning Tree Canopy Cover Credit Tree canopy cover credit is assigned to individual trees and groups of trees that are conserved based on their actual canopy cover, and to trees planted to satisfy tree replacement and minimum tree canopy cover requirements based on a standard tree canopy cover credit amount for the species. The standard tree canopy cover credit for each species is based on the mature tree canopy size class as listed in the tree species list and represents the minimum tree canopy size (spread) that a tree would be expected to attain at maturity under urban conditions. In cases where the actual tree canopy cover of a conserved tree is less than the standard tree canopy cover credit for the species, then the standard credit will be given to the conserved tree to provide an incentive to conserve younger and smaller trees. B. Determining the Actual Tree Canopy Cover of Existing Trees The amount of tree canopy cover assigned to an individually growing, existing tree with no significant part (less than 10 percent) of its crown overlapping another tree’s crown shall be the actual square feet of ground area within the tree’s dripline and within the property boundaries in addition to the canopy overhanging the public right-of-way, or the standard tree canopy cover credit for the species, whichever is greater. The ground area covered by the canopy of an individually growing tree can be calculated as the area of a circle with a radius equal to the average radius of the tree’s crown, as illustrated in Appendix D and further described here. The radius is the distance from the center of a circle (tree trunk) to the outer edge of the circle (dripline), and is one-half the distance of the diameter, which is measured from dripline-to-dripline through the center. To determine the average radius of a tree’s crown, first measure the diameter of the tree’s crown dripline-to-dripline in two (2) perpendicular directions, centered on the tree trunk. Measure the widest dripline-to-dripline diameter first, and then measure the diameter in the perpendicular City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 3 direction. Add these two measurements and divide by 2 to get the average diameter. Divide by 2 again to get the average radius. Use Table A to determine the canopy area of the tree in square feet, which has been calculated using the average radius in feet and the standard formula for calculating the area of a circle. Table A. Canopy Area of Individually Growing Trees by Average Radius AVG RADIUS (feet) CANOPY AREA (square feet) AVG RADIUS (feet) CANOPY AREA (square feet) AVG RADIUS (feet) CANOPY AREA (square feet) 1 3 21 1,385 41 5,278 2 13 22 1,520 42 5,539 3 28 23 1,661 43 5,806 4 50 24 1,809 44 6,079 5 79 25 1,963 45 6,359 6 113 26 2,123 46 6,644 7 154 27 2,289 47 6,936 8 201 28 2,462 48 7,235 9 254 29 2,641 49 7,539 10 314 30 2,826 50 7,850 11 380 31 3,018 51 8,167 12 452 32 3,215 52 8,491 13 531 33 3,419 53 8,820 14 615 34 3,630 54 9,156 15 707 35 3,847 55 9,499 16 804 36 4,069 56 9,847 17 907 37 4,299 57 10,202 18 1,017 38 4,534 58 10,563 19 1,134 39 4,776 59 10,930 20 1,256 40 5,024 60 11,304 For forested areas and groups of existing trees with overlapping crowns, the amount of tree canopy cover assigned to the group shall be the actual square feet of ground area within the outer perimeter of the combined driplines of all trees within the group. This area can be measured using one of the following methods:  On the ground by a surveyor, the city arborist, a certified arborist or other qualified individual; or, City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 4  Online using the most current aerial photography and an area measuring tool, either on the Fulton County geographic information system or another such geographic information system. The amount of tree canopy cover credited to a required rural viewshed shall be as described for a forested area. C. Standard Canopy Cover Credit for Planted Trees For planted trees, the amount of tree canopy cover credited to each newly planted tree has been standardized based on the typical crown spread (crown diameter) range of the species at maturity under urban conditions, as listed in Table B, and in the tree species list in the columns titled “Tree Canopy Size Class” and “Standard Tree Canopy Cover Credit”. Table B. Standard Tree Canopy Cover Credit by Mature Tree Size Mature Tree Canopy Size Class Standard Tree Canopy Cover Credit (square feet) Very Wide (> 35-foot spread) 1,600 Wide (25- to 35-foot spread) 900 Narrow (15- to 25-foot spread) 400 Very Narrow (< 15-foot spread) 150 D. Calculating Tree Canopy Cover for a Site The percent tree canopy cover of a site or lot shall be the total tree canopy cover within the boundaries of the site or lot in square feet divided by the total site or lot area in square feet and multiplied by 100 to get percent tree canopy cover. An illustration of calculating tree canopy cover for a sample site is located in Appendix D. Examples of Tree Canopy Cover Calculations A 10,000-square foot lot with a total of 5,000 square feet of tree canopy would have 50% tree canopy cover (5,000/10,000 = .50, x 100 = 50%). A 20,000-square foot lot with a total of 8,000 square feet of tree canopy would have 40 percent tree canopy cover (8,000/20,000 = .40, x 100 = 40%). A 1-acre lot (43,560 square feet) covered with a total of 28,000 square feet of tree canopy would have 64 percent tree canopy cover (28,000/43,560 = .64, x 100 = 64%). City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 5 4. ARBORICULTURAL STANDARDS All tree care operations regulated by the tree ordinance, including tree protection, tree establishment, new tree maintenance, established tree maintenance and tree removal shall be completed in accordance with:  The technical standards set forth in the tree ordinance and tree conservation manual;  The most current ANSI A300 Standards for Tree Care Operations and Z133.1 Safety Standards and ISA best management practices available from the International Society of Arboriculture (www.isa-arbor.com); and,  Z60.1 Standard for Nursery Stock available from AmericanHort at www.americanhort.org. A copy of the most current ANSI A300 Standards for Tree Care Operations, Z133.1 Safety Standards, ISA best management practices, and Z60.1 Standard for Nursery Stock are available for review at the community development department. In addition, illustrations and construction details for some of the tree care activities described in these standards are included in Appendix D. A. Tree Protection Standards Active Tree Protection Active tree protection shall include the avoidance of harmful and prohibited activities within the tree protection zone and the installation of tree protection measures, including physical barriers to delineate and identify the tree protection zone or protect the tree trunk. Prohibited Activities Within the tree protection zone, the following activities and conditions, and any other activities and conditions harmful to a tree’s roots, trunk or crown, shall be prohibited :  Vehicle or equipment traffic, parking, or storage;  Materials or supplies storage;  Placement of temporary or permanent structures;  Equipment maintenance or washout;  Wounding of trunk; City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 6  Wounding or breakage of scaffold limbs or branches larger than 3 inches in diameter;  Topping or other improper pruning, such as stub cuts or flush cuts; and,  Fires or excessive heat from equipment exhaust pipes.  Site or lot clearing or grubbing;  Soil excavation, cuts, fill, grading, trenching or tilling;  Edging around mulch and landscape beds;  Soil compaction;  Top dressing with soil greater than 2 inches in depth; and,  Paving. With city arborist approval, some prohibited activities may take place on one side of the tree in the outer one-half of the critical root zone, but in no case closer than 3 feet to the trunk of a planted tree and 10 feet to the trunk of a conserved tree. Tree Protection Measures Orange polyethylene barrier fencing shall be installed prior to any land development or land disturbance activity around each individual conserved tree, tree group or forested area at the location of the critical root zone and shall remain in place until construction activities have been completed. Tree protection fencing shall be installed in accordance with the construction details provided herein. When equipment movement is such that damage to tree trunks may be possible, then tree trunks shall be wrapped vertically with a single layer of 2-inch by 4-inch lumber spaced a maximum of 12 inches apart, and covered with corrugated cardboard secured with strapping; the wrapping shall remain on the tree throughout the period of potential damage. Low hanging limbs that may be damaged by equipment traffic or other construction activities shall be pruned prior to the commencement of any land development or land disturbance activity in accordance with the pruning standards set forth herein. Tree Protection Signs Prior to any land development or land disturbance activity and after tree protection fencing is installed, tree protection area signs shall be installed. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 7 Signs shall be installed along the perimeter of all tree protection zones at least every 50 feet and shall include, at a minimum, the following text: “Tree Protection Area, Entry Prohibited, No Construction Activity, Materials or Equipment Storage, Equipment Washout, or Vehicle Traffic Allowed”. The sign shall be fabricated out of a sturdy material, shall be at least 18 inches wide by 24 inches high, and shall be placed on a sturdy post with the bottom of the sign at a mini mum height of 30 inches above the ground. The signs must remain present at all times during construction. Passive Tree Protection Passive tree protection shall be required throughout the life of a specimen or heritage tree and shall require, at a minimum, the avoidance of all prohibited activities described herein within the tree protection zone. In addition, no person shall fasten or attach to any specimen or heritage tree any:  Sign, poster, bill, notice or advertisement of any kind;  Nails, boards, wire, strap, rope, chain or other such material that could damage the tree’s bark or girdle the trunk or scaffold limbs; or,  Materials or structures that impede the normal growth or biological processes of the tree. No brine, oil, gasoline, paint or concrete washout, herbicides or other substances deleterious to tree health and survival shall be permitted to lie, leak, pour, flow or drip on or into the soil within the critical root zone of a specimen or heritage tree. B. Tree Establishment Standards Trees planted to satisfy tree replacement and minimum tree canopy cover requirements shall be established in accordance with the standards set forth herein. Tree establishment involves a series of steps that includes selecting the proper place for a tree, species selection, selecting an appropriate sized tree and a good quality tree, soil preparation, tree planting, and new tree maintenance. Tree Height Class The tree species list also includes the mature tree height class for each species in addition to the mature tree canopy size class and standard tree canopy cover credit. The height and canopy size classes affect where trees can be placed for trees to receive tree canopy cover credit. Table C shows the mature height range by class of trees growing under urban conditions. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 8 Table C. Mature Height Range of Trees by Height Class Mature Height Class Average Height Range Large Greater than 50 feet Medium 25 feet to 50 feet Small 15 to 25 feet Tree Placement Standards Trees planted to satisfy the requirements of this tree ordinance shall be placed such that they have adequate space to grow unobstructed to maturity. Minimum distances, at the time of planting as measured from the tree trunk to structures and infrastructure, shall be required as listed in Table D. Table D. Tree Placement and Growing Space Standards Tree Spacing Minimum Distance Large height and very wide canopy trees 40 feet* Medium height and wide canopy trees 30 feet* Small height and narrow canopy trees 20 feet* Very narrow canopy trees 15 feet* *trees may be clumped or spaced closer with approval of the city arborist Structure and Infrastructure Clearance Minimum Distance Fire hydrants, gas and water meters, utility poles, mail boxes, similar structures 15 feet Underground utility lines 10 feet Overhead utility lines 0 feet for small height trees 20 feet for medium height trees 40 feet for large height trees Buildings 15 feet for very narrow and narrow trees 25 feet for wide trees 35 feet for very wide trees Driveways and walkways 15 feet all trees Street intersections 35 feet all trees Growing Space Requirements Minimum Distance, Area, Volume Minimum tree lawn width (between sidewalk and curb) 5 feet all trees Minimum width of landscape island in parking lots 8 feet all trees Open Soil Surface Area Per Tree (and soil volume to a depth of 24 inches) 100 sq ft for small height trees (200 cubic feet) City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 9 Table D. Tree Placement and Growing Space Standards Tree Spacing Minimum Distance 225 sq ft for medium height trees (450 cubic feet) 400 sq ft for large height trees (800 cubic feet) In addition, the following standards shall apply:  Tree trunks shall not be planted directly over property boundary lines or corners;  In no case, shall a planting site be less than 5 feet wide in any one direction at the soil surface; and,  No trees shall be planted on public or private property within the limits of, or which will interfere with, any drainage, sewer, water or utility easement, unless otherwise allowed herein. Species Selection Standards Species planted to satisfy the requirements of this tree ordinance shall be selected from the tree species list and shall conform to the following standards:  Species shall be selected that are tolerant of the growing conditions existing on the site, including the available above- and below-ground growing space, sunlight, soil moisture, temperature, and soil volume;  No more than 30 percent of any one genus (maple, oak, elm, etc.) shall be planted on a lot or within a development;  When adequate growing space exists, at least 75 percent of the trees planted for tree canopy cover credit shall be very wide or wide canopy trees;  Where obstructions to growth exist for very wide canopy trees, wide canopy trees shall be planted; and,  Where obstructions to growth exist for wide canopy trees, narrow or very narrow canopy trees may be planted for tree canopy cover credit. Tree Size and Quality Standards Trees planted to satisfy the requirements of this chapt er shall meet minimum quality standards as established in the most current ANSI Z60.1 American Standard for Nursery Stock. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 10 In addition, trees shall conform to the following standards:  Trees shall be a minimum of 2-inch caliper for deciduous trees, a minimum of 8 feet in height for evergreen trees (except 5 feet in height for buffer plantings), and a minimum of 1-inch caliper per trunk for multi-trunked trees at the time of planting, unless larger caliper trees are required by the tree ordinance;  Replacement trees for specimen and heritage trees shall be a minimum of 4 -inch caliper for deciduous trees;  Trees may be container grown or balled and burlapped;  Trees shall be free from stem encircling or girdling roots;  Trees shall be free from co-dominant stems and included bark;  Trees shall be free of stem and branch wounds, broken branches or leaders, significant leans, insect and disease pests, mistletoe, and other harmful conditions that may threaten the tree’s survival, health, and potential to grow to maturity; and,  Trees shall not require staking to stand upright under normal environmental conditions. Soil Preparation Standards Planting sites shall consist of an adequate volume of quality soil in which a tree can readily survive and thrive. The soil around a planted tree shall meet the following standards:  The minimum open soil surface area and volume of soil shall be as listed in Table D;  The soil within the open soil surface area shall be well aerated to a depth of 8 inches, except that in tree planting islands surrounded by pavement it shall be well aerated to a depth of 18 inches;  The soil shall contain at least 5 percent organic matter;  Soil pH shall be within a range of 5.8 to 7.0;  An approved structural soil mix containing 80 percent rock aggregate, 15 percent mineral soil, and a sticking agent may be used within parking lots and other paved areas and within and adjacent to tree islands to increase the rooting volume available to trees, in which case the open soil surface area may be reduced by 30 percent; and,  Permeable or porous pavements or suspended pavement systems may be used within a parking lot or other paved area adjacent to tree islands, in which case the open soil surface area required may be reduced by up to 50 percent. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 11 Tree Planting Standards The following standards shall apply to the planting of container grown or balled and burlapped trees:  Trees shall be installed during the planting season, unless otherwise approved by the administrator;  In undisturbed soils and prepared soils, the planting hole shall be at least two (2) times as wide and no deeper than the root ball of the tree, with sides sloping inward from the top, and with firm soil on the bottom and conform to the planting detail in Appendix D;  In compacted soils, the planting hole shall be at least three (3) times as wide and no deeper than the root ball of the tree, with sides sloping inward from the top, and with firm soil on the bottom;  The tree shall be planted no deeper than it was growing in the container or field and the trunk flare shall be visible above the ground;  All strapping, webbing, twine, strings and other such material shall be removed from the root ball prior to filling in the hole with soil;  The burlap and wire basket, if they cannot be removed completely without damaging the root ball, shall be removed to a depth of at least 12 inches and to a greater depth if possible;  In no case shall any burlap be located above the soil surface; and,  Trees shall not be staked unless they are leafed out and planted in sandy or very well- aerated soils in which shifting of the root ball might occur; when staking must occur, it shall conform to the staking detail in Appendix D. C. New Tree Maintenance Standards For newly planted container grown or balled and burlapped trees that are planted to satisfy the requirements of the tree ordinance, the applicant or his/her authorized agent(s) shall comply with the following maintenance standards during the establishment period:  Trees shall be mulched immediately after planting in accord ance with the mulching standards set forth herein;  When natural rainfall is less than 1 inch per week during the growing season, trees shall be provided with the equivalent of 1 inch of water per week wi thin the open soil surface area; City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 12  Trees shall not be fertilized;  Trees shall be pruned immediately before or after planting to remove dead, broken, diseased, dying or rubbing branches only;  After the first growing season, tree pruning shall be done as necessary to remove dead branches, train tree structure and maintain clearance over walkways, streets and vehicles in accordance with the tree pruning standards set forth herein; and,  Tree staking materials shall be removed no later than 1 year after planting. D. Established Tree Maintenance Standards Required tree maintenance may include pruning, mulching, or removal as set forth in the tree ordinance or as required by the city arborist as a condition of permit approval or remediation . Optional tree maintenance includes fertilization, cabling and bracing (supplemental support systems), and lightning protection. For protected trees, required maintenance shall be done in accordance with ANSI standards and ISA best management practices, and the additional standards set forth herein. Tree Pruning Standards When tree pruning is required by the tree ordinance, trees shall be pruned in accordance with ANSI standards and ISA best management practices and the standards that follow.  Tree owners and their agents are encouraged to hire businesses that employ a certified arborist who can supervise the pruning work on site and ensure that pruning is being done properly.  Pruning activities shall not disturb nesting, rare, or endangered wildlife and shall not resume or commence until the wildlife has vacated the tree for th e season, unless the tree poses an immediate threat to public health and safety, in which case the Georgia Department of Natural Resources shall be contacted to relocate the wildlife prior to pruning;  Co-dominant stems less than 4 inches in diameter at the fork shall be pruned off and one main stem shall remain;  Pruning cuts that leave stubs, flush cuts that encroach on the branch collar, or the tearing of bark are not permitted;  Pruning shall be done such that a tree’s natural form is maintained to the gre atest extent possible; and, City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 13  Tree topping or heading back is not permitted. Reasons for which specimen and heritage tree pruning is not permitted unless approved by the city arborist include, but are not limited to:  Sign installation, clearance, or visibility; excluding traffic, direction, warning or informational signs owned by any public or semi-public agency; and,  Clearance for temporary or permanent equipment traffic or storage, the erection of temporary structures, or materials storage within the tree protection zone. Mulching Standards Individual planted trees, individual conserved trees, and groups of four (4) or less conserved trees shall be mulched in accordance with the following standards;  Mulch shall be composed of organic materials that may include, but are not limited to, pine straw, leaves, wood chips aged at least 3 months, compost, and pine bark;  Grass clippings, plastic sheeting, and rocks or gravel shall not be used as mulch and shall not be applied within the critical root zone;  Conserved and planted trees shall be mulched to the outer edges of the critical root zone or to the greatest extent possible, except that no mulch ring shall have a radius of less than 3 feet.  Mulch shall be 3 to 4 inches in depth, and shall be spread in an even layer throughout the critical root zone.  Mulch is not allowed closer than 6 inches to the trunk of a planted tree and 12 inches to the trunk of a conserved tree.  Mulch should be inspected annually for proper depth and re-applied if necessary, preferably in the late winter or early spring.  For conserved groups of more than 4 trees, for forested areas and for forested buffers the addition of mulch is not required; however, the ground surface and natural leaf litter within these areas shall remain present and undisturbed; Fertilization Standards Fertilization is optional for protected trees. However, if protected trees are fertilized, it is recommended that they be fertilized in accordance with recommendations associated with a recent soil test and ANSI A300 standards. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 14 Tree Supplemental Support System Standards The installation of supplement support in a protected tree is optional, but may be advisable to mitigate the risk of partial tree failure. Any tree support systems placed in a specimen or heritage tree shall be designed, installed, and maintained in accordance with ANSI A300 standards. Lightning Protection System Standards The installation of a lightning protection system in a protected tree is optional, but may be advisable for specimen or heritage trees to reduce the damage that can occur as a result of a lightning strike. Any lightning protection systems placed in a specimen or heritage tree shall be designed, installed and maintained by a certified arborist in accordance with the ANSI A300 standards. E. Tree Removal Standards It is recommended that all tree removal operations be done in accordance with ANSI standards, including safety standards and ISA best management practices. In addition, tree removal should not disturb nesting, rare or endang ered wildlife including any birds subject to The Migratory Bird Act, and tree removal should be delayed until the nesting wildlife is safely removed or has voluntarily vacated the tree, unless the tree poses an immediate threat to public health and safety, in which case the Georgia Department of Natural Resources shall be contacted to relocate the wildlife prior to removal. The Georgia Department of Natural Resources should be contacted in every case involving the removal of any bird species. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page A1 Appendix A. Applicability and Exemptions Summary Charts Section 5. APPLICABILITY AND EXEMPTIONS SUMMARY 5.1. APPLICABILITY 5.1.a. All real property. 5.1.b. Any activity that requires a land disturbance permit, building permit, demolition permit, right-of- way encroachment permit or tree removal permit. 5.1.c. Any activity that requires a certificate of occupancy, minor plat approval, certificate of conceptual plan approval, or final plat approval. 5.1.d. All protected trees. 5.2. EXEMPTIONS 5.2.a. Removal of trees posing an imminent threat or under emergency conditions. 5.2.b. Commercial tree nursery and tree farm operations. 5.2.c. Ongoing forest management practices, including timber harvesting, with exceptions. 5.2.d. Trees removed by municipal, county, state or federal authorities pursuant to law. 5.2.e. Trees removed by utility companies, except that all removal and pruning shall be done in accordance with the arboricultural standards in the tree conservation manual. A chart with applicability and exemption details follows. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page B1 Appendix B. Approved Tree Species List Trees planted to satisfy minimum tree canopy cover and tree replacement requirements of the tree ordinance must be selected from the City of Milton Tree Species List. The tree species list follows and includes:  The species that are approved for tree canopy cover credit;  The species that may not receive tree canopy cover credit due to their poor quality— including brittle or weak wood, invasive nature, insect or disease su sceptibility, large thorns, noxious fruiting habit, excessive litter or lack of suitability to the region;  The mature height class for each species;  The tree canopy size class for each species;  The standard square feet of tree canopy cover credit for the species;  Whether the species is native to the Piedmont region of Georgia;  Whether the species is considered drought tolerant; and,  The locations where tree species are approved for planting. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page C1 Appendix C. Standard Applications, Checklists, Forms and Worksheets 1. Heritage Tree Nomination Form 2. Tree Removal Permit Application 3. Tree Replacement Worksheet 4. Tree Plan Review and Approval Application 5. Tree Canopy Cover Requirements Worksheet 6. Tree Canopy Plan Checklist 7. Tree and Site Inspection Report Form 8. Timber Harvesting Notification Form 9. Tree Bank Registration Application City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D1 Appendix D. Illustrations and Construction Details Construction details for the critical root zone, newly planted tree and conserved tree mulching, tree protection zone, tree protection fencing, the tree protection area sign, tree planting and tree staking must be included on the tree canopy plan. Electronic files of the construction details in PDF and JPEG formats are available from the community development department. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D2 1. Calculating Actual Tree Canopy Cover FORMULA FOR CALCULATING THE AREA OF A CIRCLE (A) A = *R2 Area = 3.14 * (R * R) DETERMINING THE AVERAGE RADIUS and ACTUAL TREE CANOPY COVER 1)Measure the greatest crown diameter (d1) in feet. 2)Measure the crown diameter in a perpendicular direction (d2) in feet. 3)Add d1 and d2; divide by 2 to get the average diameter (D). 4)Divide the average diameter (D) by 2 to get the average radius (R) in feet. 5)Square the average radius (R2) and multiply by 3.14 (, a constant), to get the area of the crown, or a circle, in feet. EXAMPLE 1)The length of d1 is 70 feet. 2)The length of d2 is 50 feet. 3)The total of d1 and d2 is 120 feet, which divided by 2 is 60 feet, the average diameter (D). 4)The average radius is half the average diameter--60 divided by 2, which is 30 feet. 5)Square the average radius, 30 feet, which is 900 square feet and then multiply by 3.14 to get the actual tree canopy cover of the tree in this example-- 2,826 square feet. d1 d2 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D3 2. Calculating Tree Canopy Cover Percent Forested area with 13,500 sq ft of tree canopy cover within property boundaries EXAMPLE A: Tree Canopy Cover on a Developed Site The developed lot in the example to the right is 150 feet wide by 290.6 feet deep, an area of 43,560 square feet (1 acre). The tree canopy cover on this lot totals 27,000 square feet (13,500 + 4,000+6,500+3,000). The total tree canopy cover of 27,000 square feet is divided by 43,560 square feet and multiplied by 100 to get a percent, resulting in a tree canopy cover of 62% for the lot. See the next page for an example of calculating tree canopy cover for a site to be developed. TREE CANOPY COVER PERCENT Tree canopy cover percent is calculated by dividing the total square foot area covered by tree canopies within the property boundaries and overhanging the public right-of-way by the total area of the property. To calculate the tree canopy cover percent that is planned for a lot, add the tree canopy cover of trees to be conserved to the tree canopy cover credit given to trees to be planted, and divide the result by the total area of the lot and multiply by 100. Property Boundaries Public right-of-way Individual tree with 4,000 sq ft of tree canopy cover Individual tree with 3,000 sq ft of tree canopy cover within property boundaries Tree group with a combined tree canopy cover of 6,500 sq ft within property boundaries and overhanging the public right of way City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D4 Specimen tree with 3,200 sq ft actual cover, with 10% bonus of 320 sq ft TREE CONSERVATION All trees outside of the improved area are to be conserved on an undeveloped lot. Replacement is required for the removal of specimen trees (120% canopy removed) and heritage trees (140% canopy removed) within the improved area. Trees are required in rural viewsheds, buffers and road frontages, as well as in other priority areas. If trees don’t exist in these areas, then new trees must be planted. EACH SITE IS DIFFERENT, AND MAY HAVE DIFFERENT TREE REQUIREMENTS RESULTING IN DIFFERENT COMBINATIONS AND ARRANGEMENTS OF CONSERVED AND PLANTED TREES EXAMPLE B: Tree Canopy Cover on an Undeveloped Lot The undeveloped lot in the example to the right is 150 feet wide by 290.6 feet deep, an area of 43,560 square feet (1 acre). If 60% tree canopy cover is required, that is equal to 26,136 square feet. All trees outside of the improved area must be conserved, and street trees are required. The total tree canopy cover on this lot at the completion of development will be 15,000 + 3,200 + 320 + 1,600 + 6,400 = 26,520 sq ft. 26,520 sq ft divided by 43,560 sq ft equals 61%. Improved Area Forested area with 15,000 sq ft to be conserved 4 street trees to be planted, very wide canopy, 1,600 sq ft each (6,400 sq ft total) Very wide maturing tree with 750 sq ft actual tree canopy, but is given the 1,600 sq ft standard credit Public right-of-way City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D5 3. Critical Root Zone (Plan View) Edge of the dripline, forms a circle, more or less, on the ground. This dripline delineates the Critical Root Zone. Radius of 1.5 feet for every 1-inch DBH, smaller than the dripline. Dripline follows the greatest extent of the branches (crown) around the tree. Edge of the dripline, forms a circle, more or less, on the ground, and in this example, does not delineate the Critical Root Zone. Critical Root Zone Radius of 1.5 feet for every 1-inch DBH, larger than the dripline. Dripline follows the greatest extent of the branches (crown) around the tree. EXAMPLE A Dripline is located farther out from the trunk than 1.5 feet for every 1-inch DBH, so therefore the dripline is the location of CRZ. EXAMPLE B CRZ is located out from the trunk a distance of 1.5 feet for every 1-inch DBH because it is farther out than the dripline. The location of the tree trunk and the perimeter of the CRITICAL ROOT ZONE (CRZ) must be delineated on tree plans. Critical Root Zone City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D6 4. Tree Mulching Detail – Newly Planted Tree APPROVED MATERIALS pine straw leaves aged wood chips compost pine bark DBH = trunk diameter measured at 4.5 feet above the ground Keep 6 inches from the trunk APPLICATION Spread in an even layer 3 to 4 inches deep within the critical root zone (1.5 feet for every 1-inch DBH) and at least 3 feet out for a newly planted tree, whichever is farther. Keep mulch 6 inches from the trunk of a newly planted tree and 12 inches from the trunk of a conserved tree. At least 3 feet MAINTENANCE inspect annually for proper depth and reapply if necessary in late winter or early spring City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D7 5. Tree Mulching Detail – Conserved Tree APPLICATION Spread in an even layer 3 to 4 inches deep within the critical root zone (1.5 feet for every 1-inch DBH) and at least 3 feet out for a newly planted tree, whichever is farther; keep mulch 6 inches from the trunk of a newly planted tree and 12 inches from the trunk of a conserved tree. MAINTENANCE inspect annually for proper depth and reapply if necessary in late winter or early spring APPROVED MATERIALS pine straw leaves aged wood chips compost pine bark Dripline C Critical Root Zone 1.5 feet for every 1-inch DBH DBH = trunk diameter measured at 4.5 feet above the ground Keep mulch 12 inches from the base of the trunk City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D8 6. Tree Protection Zone Detail Critical root zone extends out 1.5 feet for every 1-inch DBH, Dripline Dripline and 24 inches deep in the soil below the ground line. Ground Line Tree Protection Zone The tree protection zone includes the critical root zone, tree trunk, and entire tree crown (scaffold limbs, branches and leaves). City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D9 7. Tree Protection Fencing Detail Orange barrier fencing erected on sturdy posts at the dripline or edge of the critical root zone (distance of 1.5 feet for every 1-inch DBH), whichever is larger. Tree protection area signs must be installed every 50 feet around the perimeter of the tree protection fence. DRIPLINE The line extending from the outermost branches to the ground, forming a more or less circular area on the ground. DBH = trunk diameter measured at 4.5 feet above the ground Edge of critical root zone Dripline TREE PROTECTION AREA ENTRY PROHIBITED No Construction Activity, Materials or Equipment Storage, Equipment Washout, or Vehicle Traffic Allowed TREE PROTECTION AREA ENTRY PROHIBITED No Construction Activity, Materials or Equipment Storage, Equipment Washout, or Vehicle Traffic Allowed City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D10 8. Tree Protection Area Sign Detail TREE PROTECTION AREA ENTRY PROHIBITED NO Construction Activity, Materials or Equipment Storage, Equipment Washout or Vehicle Traffic Allowed City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D11 9. Tree Planting Detail ROOT DEPTH The first order roots should be no more than 2 inches below the soil line. Too much soil on top of the root ball will eventually result in girdling roots and tree decline. THE PLANTING HOLE The planting hole should be dug 2 times the width of the root ball, and up to 5 times in compacted soils. Dig the hole no deeper than the depth of the root ball; soil beneath the root ball should remain firm and undisturbed. Sides of the planting hole should be rough and sloped outward. Add no soil amendments. Backfill around the root ball with the same soil that was removed. Do not fertilize until the 2nd growing season, and only if a soil test shows a deficiency. STAKING Do not stake the tree unless it is leafed out at time of planting or is being planted in sandy soils. REMOVE STAKING AFTER 1 YEAR Minimum 2X the width of the root ball, and up to 5X in compacted soils. SOIL LEVEL Soil level should be at grade, with no water ring formed around the planting hole. REMOVE BURLAP, STRAPS AND WIRE BASKET Remove all straps, twine, burlap, and wire basket before backfilling with soil. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D12 10. Tree Staking Detail RECOMMENDED MATERIALS Sturdy metal or wood posts, 4 feet tall, and soft-tie straps and loops INSTALLATION Install 3 sturdy posts around the tree at the CRZ. Install soft-tie straps horizontally looping around the post and the tree trunk, leaving some slack to allow the tree to bend slightly in all directions. REMOVE STAKING AND STRAPS AFTER 1 YEAR TO: FROM: 'I M I LTO Nt ESTABL7HED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 30, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Fees and Other Charges of the Milton City Code to add Chapter 60 Vegetation. MEETING DATE: Monday, February 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: (0ES (dam' CITY ATTORNEY REVIEW REQUIRED: (,,KYES kd7h6 APPROVAL BY CITY ATTORNEY: (PROVED () NOT APPROVED PLACED ON AGENDA FOR: -->Z/(..' )21-i t, 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 From: Kathleen Field, Community Development Director Re: Text Amendment – Appendix A – Fees and other charges Date: January 2, 2018 for the February 5, 2018 Mayor and City Council Meeting (First Presentation on January 29, 2018) Department Recommendation: The Community Development Department recommends approval of the proposed addition to Appendix A – Fees and other charges. Executive Summary: The new Tree Preservation Ordinance requires fees for various actions such as inspection after non-compliance and tree removal permits. The City is required to list all fees in Appendix A in order to charge customers. The attached is the fees proposed for items associated with the Tree Preservation Ordinance. Legal Review: Paul Frickey - Jarrard & Davis (December, 2017) Attachment(s): Appendix A – Fees and other charges and ordinance. STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, FEES AND OTHER CHARGES, OF THE MILTON CITY CODE, TO ADD CHAPTER 60-VEGETATION BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 29, 2018 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relating to Amending Appendix A, of the Milton City Code, as it relates to Fees and Other Charges specifically for the Tree Preservation Ordinance within Chapter 60- Vegetation, is hereby adopted and approved, replacing existing Appendix A in its entirety; 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 5th day of February, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) New Fees for Tree Preservation Ordinance added to Appendix A – Fees and Other Charges prepared for the Mayor and City Council Meeting on January 29, 2018 (First Presentation on December 8, 2018) Appendix A – Fees and other charges CHAPTER 60 - VEGETATION Section Description Conditions Amount (in Dollars) 60-Art I-19.4 Inspection after non-compliance $50 per inspection 60-Art II-24 Tree removal permit application (includes pre-approval site visit and post-approval compliance inspection) $25 per tree or per 1,600 sq.ft. of tree canopy cover or portion thereof with a maximum fee of $150. 60-Art III-27 Tree Canopy Plan Review and Approval Application (includes pre- approval site visit, tree protection inspection, certificate of occupancy inspection, and 1 and 3 year follow- up inspections. $300 for the first acre, $50 for each additional acres; $500 for 5 acres and greater. 60-Art III 33.9 Tree Canopy Value for Estimating Tree Fund Payments $31.25 per 100 sq.ft. TO: 14ZOTT3 MILTON .14 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 1, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Waiver of Conflict Regarding Jarrard & Davis, LLP's Representation of the City of Milton in Relation to Jarrard & Davis, LLP's Simultaneous Representation of Forsyth County and the City of Milton Regarding the Intergovernmental Agreement Pertaining to the Extension of County Reuse and Sewer Service into Certain Parts of the City that are Outside the Manor Subdivision; and any Legal Issues Regarding Authorizing Forsyth County to Provide Sewer Service in the City of Milton Outside the Manor Subdivision. MEETING DATE: Monday, February 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 () NO CITY ATTORNEY REVIEW REQUIRED: ( YES (J NO APPROVAL BY CITY ATTORNEY: (,YPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2/5/19 j(0 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 WAIVER OF CONFLICT WHEREAS, Forsyth County, Georgia (the “County”) is a political subdivision of the State of Georgia; and WHEREAS, the City of Milton, Georgia (the “City”) is a municipal corporation of the State of Georgia; and WHEREAS, the County is now, and has been, represented by the law firm of Jarrard & Davis, LLP; and WHEREAS, the City is now, and has been, represented by the law firm of Jarrard & Davis, LLP; and WHEREAS, the County owns and operates the Manor sewer plant; WHEREAS, the Manor sewer plant is located in the County; WHEREAS, the Manor sewer plant provides sewer to the Manor Subdivision that is partially located in the City; WHEREAS, the County and the City may desire to enter into an intergovernmental agreement (the “IGA”) regarding the extension of County reuse and sewer service into certain parts of the City that are outside the Manor Subdivision; and WHEREAS, the City recognizes that Jarrard & Davis, LLP’s representation of the County and representation of the City in relation to the IGA – as well as various legal issues associated to the authorization for sewer outside the Manor Subdivision - could result in a conflict or the appearance of a conflict of interest; and WHEREAS, the governing body of the City has considered and consulted with attorney Ken Jarrard regarding the issue, been informed of the potential for conflicts or competing interests between the County and the City related to the IGA – and associated legal issues - and risks associated with same, considered the alternative of obtaining independent representation in this matter, and had the opportunity to consult with independent counsel; and WHEREAS, the law firm of Jarrard & Davis, LLP will continue to represent the County and the City; NOW THEREFORE, in light of the above, the governing body of the City of Milton, Georgia does hereby waive any apparent, actual, or potential conflict of interest arising from or attributable to Jarrard & Davis, LLP’s simultaneous representation of the County and the City regarding the IGA and any legal issues regarding authorizing Forsyth County to provide sewer service in the City of Milton outside the Manor Subdivision. This _________ day of ______________________, 2018. CITY OF MILTON, GEORGIA BY: _______________________________ Joe Lockwood, Mayor