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HomeMy WebLinkAboutAgenda Packet - CC - 06/03/2019 2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, June 3, 2019 City Council Meeting Agenda 6:00 PM INVOCATION – Pastor Jerry Dockery, Crabapple First Baptist Church, Milton, Georgia 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-117) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 3, 2019 Page 2 of 3 6) CONSENT AGENDA 1. Approval of the May 6, 2019 City Council Meeting Minutes. (Agenda Item No. 19-118) (Sudie Gordon, City Clerk) 2. Approval of the May 20, 2019 City Council Meeting Minutes. (Agenda Item No. 19-119) (Sudie Gordon, City Clerk) 3. Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between the City of Milton and North Atlanta Football League. (Agenda Item No. 19-120) (Jim Cregge, Parks and Recreation Director) 4. Approval of Change Order #1 to the Professional Services Agreement between the City of Milton and Kimley-Horn for the Trail/Park Planning, Design and Construction Documents Approved on May 21, 2018. (Agenda Item No. 19-121) (Parag Agrawal, Community Development Director) 5. Approval of Amendment #1 to the Master Agreement and AT&T Dedicated Internet Pricing Schedule between the City of Milton and AT&T Corp. (Agenda Item No. 19-122) (Recardo Tucker, IT Manager) 7) REPORTS AND PRESENTATIONS (None) 8) FIRST PRESENTATION (None) 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of a Resident Catering License to Olde Blind Dog Irish Pub, 12650 Crabapple Road, Suite 100, Milton, Ga. 30004. (Agenda Item No. 19-123) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 3, 2019 Page 3 of 3 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the City of Milton, Georgia to Amend Sections 4-239 and 4-380 related to Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia. (Agenda Item No. 19-124) (First Presentation at May 20, 2019 City Council Meeting) (Sarah LaDart, Economic Development Manager) 12) NEW BUSINESS (None) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-125) MILTON\t TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council , DATE:~ay 29, 2019 Steven Krokoff, City Manage(!!/ Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between the City of Milton and North Atlanta Football League. Monday, June 3, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( /4PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ✓rES ( ) NO CITY ATTORNEY REVIEW REQUIRED: (_)/YES () NO APPROVAL BY CITY ATTORNEY: (/4PPROVED () NOT APPROVED PLACED ON AGENDA FOR: CXP/oJ/ z.o 1') 2006 Heritage Walk Milton, GA P: 678 .242 .2500 IF : 678 .242 .2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0 900 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on May 28, 2019 for the June 3, 2019 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and North Atlanta Football League. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Athletic Association Manual and Facility Use Agreement between The City of Milton and North Atlanta Football League. Executive Summary: North Atlanta Football League provides the city with the youth tackle football, flag football and cheerleading program. This program will offer football programing and camps at Bell Memorial Park, Hopewell Middle School and Cogburn Woods Elementary School. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a split commission between the City of Milton and the City of Alpharetta. NAFL will collect a 15% commission on every registration to their program. Residents of the City of Alpharetta and the City of Milton will not be charged an out of City fee. Participants who are GIS verified as not residents the City of Milton or Alpharetta, will be charged an out of city fee of $100 per registration. The total of the 15% commission on the registration fees and all of the out of City fees will be split with the City of Milton receiving 1/3 of the fees collected and the City of Alpharetta receiving 2/3 of the fee collected. This split is based upon the City of Milton providing one artificial turf field for football and the City of Alpharetta providing two artificial turf fields for football. Alternatives: If this contract is not approved, we will have to research to find another football provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, December 3, 2018 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and North Atlanta Football League. ATHLETIC ASSOCIATION FACILITY USE AGREEMENT This agreement made this day of , 20 , by the City of Milton ("City") and North Atlanta Football League a Georgia non-profit corporation called the "Organization." Witnesseth: In consideration of the mutual agreements contained in this document, the City and Organization agree as follows: The Association agrees to provide a youth sports program (organized league play), to wit Youth football leagues, camps clinics and tournaments as a service for the City in accordance with applicable policies and procedures for youth sports organization operating on City property or City Leased facilities. 2. The term of this agreement will begin JUNE 1, 2019 and continue through DECEMBER 31, 2019. A new agreement must be signed for each calendar year. 3. The City hereby authorizes the Organization to use fields and facilities as listed below: Bell Memorial Park, Coaburn Woods Elementary School & Hopewell Middle School The authorization provided by this agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, basketball goals, Lacrosse goals, etc.) for approved league play unless otherwise specified. The Organization is authorized to use the facilities at the following dates and times: WEEKDAYS From 4:00pm to 10:00pm SATURDAYS: From 8:00am to 10:00pm SUNDAYS: From 12:00pm to 10:00pm DATES: June 1, 2019 - December 31, 2019 4. In consideration for the usage of the facilities, the Organization agrees to a direct payment to the City of 1/3 of the 15% commission on all registration fees. 2/3 of the 15% commission fees will be paid to the City of Alpharetta. The residents of the City of Alpharetta will not be charged an out of city fee. Program participants who are not residents of the City of Milton or the City of Alpharetta will, in addition to their program registration fees, be charged an additional non-resident fee of $100.00. The non-resident fees will be split with 1/3 being paid to the City of Milton and 2/3 being paid to Alpharetta. 5. The Organization agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the Organization. The organization must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and Organization. 6. The Organization agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. Organizations shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and Organization. Ideal Capacity: SO Per Aouy- �,� Previous Year Participation: 326 (Alpharetta only) Participation Goal for This Year: C-3 f f e djv 5 '�o 7. The Organization is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton and City of Alpharetta residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton/Alpharetta residency requirement and must be verified by the City GIS database prior to formation of an advanced level team. If the Organization is an Association subject to the City of Milton's Athletic Association Organizational Manual, the Organization shall comply with the program requirements set forth in Exhibit A. N 8. The Organization agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state Laws and City ordinances, rules and regulations. 9. The Organization shall ensure that its coaches satisfy the certification and training requirements set forth in Exhibit B. 10. Organization shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Organization without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 11. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 12. The Organization shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the violation of any requirement of the Manual or this agreement or the willful or negligent acts, errors, or omissions of the Organization or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to this indemnification provision shah survive the term of this Agreement and continue in full force and effect. 13. It is the understanding of the City and the Organization that nothing contained in this agreement shall be interpreted to assign to the Organization any status under this agreement other than that of an independent Organization. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Organization is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Organization agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not, be construed as 3 creating any joint employment relationship between the Organization and the City and the City will not be liable for any obligation incurred by Organization, including but not limited to unpaid minimum wages or overtime premiums. 14. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 15. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ORGANIZATION NAME: V,-HtsA gt64+kwz ADDRESS: Pv � X Ss e CITY/STATE/ZIP: A r ` &-A '?an' -1, PHONE: `'104'2-41?^ 1300 WEBSITE: W.vw nc{ F(• C1.A1;V EMAIL: rr-fhA r rn�., i Ccruv� J CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2489 www.cityofmiltonga_us jim.creaae(�)cifvofmil on esus 16. This agreement may be executed in counterparts, each of which shall constitute an original. 17. The City has designated the Director of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Organization in the execution of the terms of this agreement. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 4 19. The Organization may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 20. The Organization agrees to adhere to all relevant City policies and procedures including, but not limited to the City's Athletic Association Organizational Manual or Agreement for Outside Providers (whichever is applicable) in effect as of the date of this Agreement (whish policies and procedures the Organization has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 21. The Organization will adhere to fee policies set by the City, including fees that may not yet be currently established. 22. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and the City's Athletic Association Organizational Manual or Agreement for Outside Providers, that term or condition shall govern that fhe City determines, in its sole discretion, to be most beneficial to the City. 23. The Organization acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Organization under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Organization is subject to the Open Records and Open Meeting laws of the state of Georgia. The Organization agrees to comply with those laws. To the extent that the Organization is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The Organization further agrees that all books and records of the Organization shall be made available to the City of Milton as and when requested for review or audit. 5 24. City shall have the right to terminate this Agreement upon failure of Organization to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Organization with a written notice specifying Organization's failure to perform, and providing Organization with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that Organization fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately terminate the Agreement by providing written notice of termination to Organization. Organization shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Organization. Prior to exercising this right of termination, Organization shall provide City with a written notice specifying City's failure to perform, and providing Citywith a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the Organization, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Organization shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. 0 I hereby acknowledge and understand that the Organization, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City, including those contained within the City's Athletic Association Organizational Manual. I understand that failure of the Organization or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ORGANIZATION: By: . President Name: A lte r, (Typed or Printed) Date rq Attes r--ait-± Organiza ion Se retary Name: Abu <n t*� (Typed or Printed) Date: .5 Z� ►� [AFFIX CORPORATE SEAL] CITY: By: Steve Krokoff, City Manager City of Milton Date: Ratified by City Council: By: Joe Lockwood Mayor, City of Milton Date: 0:11.1 rm FINS exhibit to-, be modified on o case bvcase basis to reflect the varying no4F(ffe -11 c :gid, —inced ,eve, �e4_�rn � �i1 ie eg r rfc ns .r GUIDELINES: A. Open, advertised tryouts must be held prior to team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. Per the terms of the agreement with the City of Alpharetta, City of Alpharetta residents who participate in this Milton recreation program shall be considered residents for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any players added Late to a roster must keep the team's residency above the required percentage. If a resident leaves a team mid-season, dropping the residency below the required percentage, only residents can be added to the roster until the residency is at or above 50%. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. 8 EXHIBIT B Organization must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, USA Football, National Cheerleading Association. The Organization may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Parks & Recreation Department within two weeks of the season start. SPORT: a�uall; aG rC le I� r1oa, � W 61-6) ACCEPTABLE COACHING CERTIFICATIONS: �ti v.ns�-tel c�c� GC!', Fl�rti uC i+n�,,.:�. l- li•,�,'.�'1 .`+d� �c+otfi ��-+c,Ll�i� l �1�-t r t,t .f�' �,� lk-�., tr���y, ����N,r. C.,^ r�tt.^ ,� ;,Ws. �t.cn�•^cr�*-'� �' C.t��� Qf Ge -amu v4 Ql ti 4-, 41,-v.�- 9 HOME OF N*) MIL - 1 0 LSTAB LISIILD 2'r,)-016 ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AND AGREEMENT TABLE PAGE. Department Mission and Philosophy 3 Legal and Organizational Requirements 4 Requirements of Associations 13 City and Park Ordinances 23 Park/Facility Regulations 26 Recreation and Parks Personnel/Contact Information 28 City of Milton Accident/Incident Report Form 29 Agreement Consenting to Terms in Manual 30 ASSOCIATION: A volunteer -run organization permitted by the City of Milton to implement a formal recreation program on City property. CITY: The City of Milton unless otherwise specified. DEPARTMENT: The City of Milton Parks and Recreation Department. OCGA: Official Code of Georgia Annotated. DRAB: Parks and Recreation Advisory Board of the City of Milton. 2 CITY OF MILTON PARKS & RECREATION DEPARTMENT MISSION AND VISION Mission The Milton Parks & Rec Department is committed to providing quality parks and facilities along with traditional and innovative recreational programs for its residents. We strive to promote healthy lifestyles to support the best quality of life in Milton. Vision The Milton Parks and Recreation Department will develop and maintain premier parks for active, passive and mixed use. We will develop trails that will link key locations within the City of Milton and with other cities. We will offer high quality programs for people of all ages and abilities. The primary focus will be on recreation level activities with limited opportunities for advanced levels of play. Core Values Respect, Excellence, Integrity, Responsiveness, Collaboration, Knowledge, Bold Leadership, Recreation, Inclusiveness, Health LEGAL AND ORGANIZATIONAL REQUIREMENTS In order to qualify as a recognized Association and to operate on City of Milton property, an organization must adhere to certain minimum legal and organizational requirements as set forth in this Athletic Association Organizational Manual. Each Association must indicate its intent and ability to comply with these requirements by signing the agreement found at the end of this Manual (the "AAO Manual Agreement") prior to the operation of any activity on City property. These requirements are necessary in order to insure the safety and well-being of all participants. The City retains the right to change the requirements of this manual at any time, without advance notice, as it deems appropriate, and any such changes will be binding on any signatory to the AAO Manual Agreement. The City will endeavor to communicate any changes made to this manual to the Association within five (5) business days after the change has been made and approved.. The signing of the AAO Manual Agreement indicates the Association's assumption of the financial responsibility for its program, as well as the management of the program participants and volunteers. The City will not be held responsible for the finances or the program management. Violation of the above-mentioned responsibilities constitutes cause for the revocation of the AAO Manual Agreement. The requirements are as follows: 1 CORPORATE REGISTRATION Each Association must be a federally registered 501(c)3 non-profit organization and licensed to operate in the State of Georgia. Proof of the current registration status must be on file with Milton Parks and Recreation Department ("Department"). 2 BYLAWS Associations shall furnish a current copy of their by-laws to the Department. By-laws must be on file or submitted with the signed AAO Manual Agreement. 3 ELECTION OF OFFICERS Each Association shall have a Board of Directors ("Board"), which shall be the governing body of the Association for the operation of the affairs of the Association as documented in the bylaws. Each Association Board must be comprised of a majority of Residents upon election or appointment. The Board of Directors must be elected annually or as mandated by the Association's by-laws, but no less than once every two years, by the Association membership. 4 Open advertised election of the Board is mandatory. All members of the Association as defined by the bylaws shall have the opportunity to vote. A notice of upcoming elections must be sent to the Department and shall be posted on the Association website at least two weeks prior to the elections. Associations are encouraged to email notice of elections to all participant families and to post flyers at the park. Elections should be held in an easily accessible central location when there are normal Association activities scheduled at the park to provide the best opportunity for members to vote. Associations are also encouraged to provide a process for members to vote electronically. Each Association Board will have a City employee liaison and a PRAB liaison. Liaisons must be invited to Association meetings but will not be voting members of the Board. The Department Director will appoint the employee liaison to the Board. The Chairman of the PRAB will appoint the PRAB liaison(s) to the Board on an annual basis. To nerve as a member of the Association executive committee, a candidate must have a child actively participating in the Association program at the time of the elections. The Association must furnish a list of all elected Board members, addresses, email addresses, telephone numbers (home and office) to the Department no later than one month after the elections. The City will verify residency and notify the PRAB liaison of the City resident percentage of newly elected Board. 4 ASSOCIATION MEETINGS AND ANNUAL MEETING Upon request, Associations must provide copies of meeting minutes from Association membership and Board meetings to Association members and the City. It is recommended that meeting minutes be posted on the Association website. Each Association must schedule a minimum of one (1) annual membership meeting. This meeting shall be for the purpose of electing Board members, and any other necessary business. Efforts must be made to contact all members, and the Department must be notified of the meeting. Notice of said meeting must be posted at Department facilities and on the Association website two weeks prior to meeting date. 5 FINANCIAL REPORTS The Official Code of Georgia Annotated requires all corporate minutes and books of account be held open for inspection by any member of the 5 Association at any reasonable time. The City assumes no responsibility for the financial well-being or outstanding debts of Associations. Each Association must provide the City with an annual Financial Statement to include a summary of operating income and expenses, capital expenditures, registration fees charged to participants, Federal and State tax returns, and profit and loss statement. Submission of these books to the City will be required on July 1. 6 LIABILITY INSURANCE COVERAGE 7.1 Association shall not provide any service until all insurance required under this paragraph has been obtained and approved by the City. 7.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City prior to the commencement of the AAO Manual Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -V1" in the latest edition of `Best Key Rating Guide", published by A.M. Best Guide. 7.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of the AAO Manual Agreement, then in that event, the Provider shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The Provider shall not provide any service pursuant to the AAO Manual Agreement unless all required insurance remains in full force and effect. 7.4 Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following Limits of Liability: $1,000,000 Combined Single Limit -each occurrence $2,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate Association shall have its insurer name the City of Milton as an additional insured on its General Liability policy. Association shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 7.5 Worker's Compensation insurance shall be maintained during the life of the AAO Manual Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the Association shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the Association. The Association and its subcontractors shall maintain during the life of the AAO Manual Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If the Association or its subcontractor claims to be exempt from this requirement, it shall provide the City proof of such exemption along with a written request for exemption, written on Association or subcontractor's letterhead. 7.6 The Association shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is Less. The policy must include the City as an additional insured. 7 PARTICIPATION REPORTS All Associations are required to submit a list of registered players to the Department no later than thirty (30) calendar days after the end of the established program registration period. The Fist shall be provided in a Microsoft Excel format and shall include each player's name, residential street address, city, zip code, email address, age/program and resident registration rate. All PO Box addresses submitted will be considered non- residents. The Department will use the list to verify the resident status of registered players. The City will use the email address list to distribute an end of season Participant Satisfaction survey. City shall not use the list to promote Department programs without prior consent of the Association. After the City has verified residency of participants, the City will issue an invoice to the Association for non-resident fees payable to the City. NOTE: It is imperative that participation information be sent to the Department as soon as possible in order for Department to verify addresses. Association may send participant information at any time during their registration period for Department to check residency status of participants. 8 REGISTRATION Associations are required to provide registration dates to the Department in time for inclusion in the City website and promotional activity. The City provides a link to Association websites at www.cityofmiltonga.us Associations must notify City of any web address changes. 9 CITY RESIDENCY REQUIREMENT FOR TRAVEL/SELECT/ELITE TEAMS The mission of the Department is to provide quality programs and the promotion of healthy activities for all residents. Advanced level programs are permitted to provide higher level athletic competition for young people. Residency requirement guidelines ensure that travel/select/elite/feeder teams are formed in the best interest of the City resident participants. These guidelines also ensure that City residents are fairly represented on these teams, City assets and resources are utilized in the best interest of City resident participants, and to foster long-term success of the Association's competitive youth athletic program. Due to the varying nature of advanced level teams in different sports, the guidelines for an advanced level team for each sport will be addressed in the Facility Use Agreement which will be unique for each program. 10 FACILITY USE - RESTRICTIONS Each Association is organized to provide league play for youth, including player evaluations, pre -season player and coach clinics, league practices, scrimmages, games, and post -season tournaments. All field use shall be coordinated with the Department thirty (30) days prior the start of the season. Hosting of camps and tournaments involving participants from outside the Association's own program along with participants in the Association's own program is allowed but requires coordination with and written consent of the Department. Associations must seek approval from the City to host outside camps and tournaments at the parks at least thirty (30) days prior the proposed event. Field rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The Association is specifically not permitted to sublet facilities to any individual or organization. The Association's Facility Use Agreement will authorize the Association's own use only. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual Facility Use Agreement. The City will provide two storage buildings for use by the Associations. The City will designate which Associations get assigned to each building. Sharing storage space with another Association is expected. These storage buildings are not the property of the Associations. Each Association is expected to work together in their shared space, keep the facility neat and clean, and keep the facility secured. Failure to do so may result in expulsion from the storage facility. 11 CAPITAL IMPROVEMENTS Capital improvements may be suggested by the Association for budgetary consideration. Financial partnerships (50/50) between the Associations and the Department for mutually agreed upon projects are welcomed. 12 CHANGES TO PROGRAM CONTENT, STRUCTURE, PHILOSOPHY, ETC. Each Association shall communicate to the PRAB liaison(s) and Department liaison(s)"any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the Association which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: • Addition/elimination of any age or skill level • Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) • Association by-laws • Board structure and composition • Schedule of fees for participants • Anything that would be in direct conflict with existing City/Department policies Association shall notify liaisons as soon as the idea for a substantial change is included on an Association meeting agenda. Upon notification by the Association, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the Association to implement the substantial change, the Association may be required to prepare a written proposal outlining the planned change to include justification for the change benefits of the change to the Association, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the Association to implement the substantial change. The approval levels are noted as follows: a. Association Board and members only b. Department Director or his/her designee c. Milton Recreation PRAB d. Milton Mayor and City Council 10 13 SPONSORSHIPS/ADVERTISING Associations are allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for Associations to assist the City in funding capital projects benefitting the parks and facilities they use. Associations are not permitted to obtain sponsorships, including direct financial aid and/or in- kind donations, from any religious organization, individuals, and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco -related products/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented will be handled as an addendum to the individual Association's Facility Use Agreement when those details are worked out. Sponsor and team banners are allowed to be displayed at the park on the day of an event only. They must be mounted in a way that does not damage the city property and they must be removed at the end of the day. Banners must not contain any language or images that would be considered offensive or inappropriate around children. 11 REQUIREMENTS OF ASSOCIATIONS 1 ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AGREEMENT Any Association seeking to operate on City property or City leased facilities must start by signing the AAO Manual Agreement found at the end of this manual. Once signed, the AAO Manual Agreement will be continuously effective until an Association ceases to provide programs at the City of Milton or until affirmatively terminated by the City or the Association. 2 FACILITY USE AGREEMENT Any Association operating on City property or City leased facilities must also sign the City's Facility Use Agreement prior to the start of the activity. The agreement is issued on an annual basis, and specifically identifies the facilities to be used by the Association and the terms of that use. With respect to renewal for the next year, any Association currently holding a Facility Use Agreement will receive priority, unless the City has reason to revoke the agreement. Facilities not in use will be distributed on a first come first served basis. 3 BACKGROUND CHECK VOLUNTEERS All Association Board members and any individual who wants to coach in a youth program shall go through a criminal history background check once per calendar year. All background cheeks must be performed in accordance with the established City policy. A copy of the background check report from the agency being used must be submitted to the City prior to the start of the regular season games. 4 BACKGROUND CHECK - OFFICIALS AND UMPIRES Each Association that has a contractual agreement with an outside vendor to provide officiating services for the Association shall require, as part of the written agreement, that all officials/umpires 18 years of age and older who will be scheduled to officiate at Association activities complete a criminal history background check prior to officiating any games for the Association. The background check should be performed once per calendar year. The Association shall require appropriate documentation of completion of background checks. Documentation must be maintained on file by the Association. 5 CHILD ABUSE REPORTING LAW Volunteers who work with children are required by law to report suspected child abuse. The mandatory reporting requirement is a 12 provision in HB 1176, the criminal justice reform bill signed by Governor Nathan Deal on May 2, 2012. Specifically, HB 1 176 changed the definition of "child service organization personnel" to include volunteers. The new law defines ''child service organization personnel" as follows: "Child service organization personnel" means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children." In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 6 CONCUSSION AWARENESS POLICIES AND PROCEDURES O.C.G.A. § 20-2-324.1 requires agencies to educate youth athletes and their parents on the dangers of concussions in youth athletic activities. The Georgia Department of Public Health is referring everyone to the "Heads Up - Concussion in Youth Sports" program offered by the CDC. The following is a link to the program: https://www.cdc.gov/headsup/`youthsports/training/index.html It is the policy of the Department to educate coaches, referees, employees and instructors of at -risk activities, trainers, parents, and participants of the signs, symptoms and behaviors consistent with sports - and activity -induced concussions. Further, the Department requires that any participant, under the age of 18, suspected of a concussion or head injury must be removed from the activity and it is recommended that the participant be examined by a licensed health care provider. If a participant is deemed by a licensed health care provider to have sustained a concussion, Department personnel or other designated personnel (coaches, referees, instructors of at -risk activities, trainers, and parents) shall not permit the participant to return to play until he or she receives documented clearance from a licensed health care provider for a full or graduated return to play. In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 13 7 COACH CERTIFICATION AND TRAINING Coach certification and training requirements vary by the sport and will be addressed under the Facility Use Agreement. In addition, it is the responsibility of the Association to ensure that all of their coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. Association must provide documentation of such training to the City upon request. • Background Check • Concussion Awareness Training • Mandatory Child Abuse Reporting Requirement • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 8 SELECTION OF COACHES Associations are responsible to select qualified coaches for their program. Each Association shall establish their own criteria to determine qualifications of coaches, such as coaching experience, past playing experience, etc. 9 FEES AND CHARGES Note; Each Association will adhere to fee policies set by the City, including fees that may not yet be currently established. Registration Fees All registration fees shall be fair and equitable to all participants. Associations shall communicate to participants what the registration fee covers, including the anticipated number of practices and games per season. Registration fees shall be derived from predicted costs to operate the program, to fund Association operations, to fund City commissions (in the percentage specified in the applicable Facility Use Agreement) and to fund park capital improvements (current and future) that mutually benefit the City and Association. Registration fees shall include the total cost of operating the Association's program to include but not limited to; player awards, umpires/officials, equipment for the league/teams, first aid supplies, marketing, web administration, general maintenance of facilities, etc. 14 Any organization which chooses to not charge a registration fee for participation in any program will still be responsible for paying a commission to the City based upon the City -assessed value of the registration. Non -Resident Fees All program participants who reside outside the city limits of Milton and Alpharetta will be assessed a non-resident fee. Association shall pay the City non-resident fees for each Association non-resident participant in their program. This fee shall be paid for each athletic season held each year (fall, winter, spring, and/or summer), and must be paid to the City no later than thirty (30) days after the invoice is sent. Association non-resident fees shall be calculated at 50% more than the resident registration fee, but not to exceed $100. The Association will be responsible for the determination of city residence during the registration period. Within two weeks after receiving the Association's participation list with addresses, the Department will verify player residency and submit an invoice to the Association_ The City's commission on the registration fee and the City's non-resident fee will be paid directly to the City of Milton based on the Department's verification of player residency. The Association is responsible for remitting non- resident fees for all non -City participants, regardless of whether or not it was collected by the Association. City of Milton employees and their immediate family members, regardless of where they reside, are considered Residents and may register during the Resident registration period. Non-resident fees are waived for these participants. Associations should contact the Department to verify employee status. Scholarships The Association should make available a reasonable number of scholarships for participants requiring assistance. For all scholarships, the Association need not pay the City's commission on the registration fee. However, scholarships offered to participants who are not residents of the City of Milton will not relieve the Association from paying the City non-resident fees for such participants. The Association is responsible for identifying participants who have received a scholarship from the Association. 15 Admission Fees Associations are not allowed to require an admission fee or a parking fee to any Association event. For special tournaments and events, a team registration fes may be collected. The Association must obtain written approval from the Director of Parks and Recreation prior to the event where a team registration fee will be collected. 10 PROGRAM/FACILITY SCHEDULES Associations are required to submit all master schedules to the Department 2 weeks prior to the beginning of use of any City facility. The schedule must be in a Microsoft Excel format. This includes tryout dates, practice schedules, opening ceremonies, game schedules, special events such as player clinics, all forms of advanced level teams' schedules, etc. These schedules should be submitted 2 two weeks prior to the beginning of any program. Facility use outside the scope of the Facility Use Agreement must be requested through the Department and is not guaranteed. 11 SAFETY/ACCIDENT PREVENTION Associations are responsible for operating their programs in a safe and effective manner. All fields, equipment and other facilities should be inspected before each use. Associations should have an adequate number of adults present at each scheduled activity to supervise the participants from the outset to the close of the program. League officials are responsible for insuring that all programs are operated under safe weather conditions. Safety plans should be implemented in case hazardous situations should occur. 12 DISCRIMINATION Associations must provide equal opportunity without regard to race, color, religion, sex, national origin, age, veteran's status, and disability. Associations must comply with the Americans with Disabilities Act (ADA) of 1990 and provide reasonable accommodations to members of the public, if so requested, unless participation would create a risk to any participant. 16 13 MAINTENANCE/FACILITY UPKEEP The Department will be responsible for all field and facility preparation for all practices and games. This includes game day facility preparation, grass mowing, and lining of baseball and softball fields. Parks Services staff will prepare the grass baseball fields once per week day, three times on a Saturday and once on a Sunday. The multi -use synthetic turf fields will be prepared once per day. Preparation of any field will only be performed on days that there are previously scheduled activities, in accordance with the submitted and approved schedule. Associations are responsible to report any and all facility maintenance issues to the Department as soon as they are noticed. Associations are required to provide safe sports equipment for participants. Associations are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes playing areas, walkways, restrooms, concession stands, dugouts, etc. Associations should take proper steps to ensure that scheduled activities do not infringe on park neighbors or other park users. This includes reducing excessive noise, excessive traffic, parking problems, etc. 14 WEATHER POLICIES The Department will determine if fields are playable. Associations will be notified as early as possible if the fields are not playable. Associations are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Association is responsible for determining field playability. Associations are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the fields. The City also will update field conditions on the City website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): hffps://www.cifyofmiltonga.us/parks-recreation/athletics/­ Bell Memorial Park For the safety of all, the City of Milton uses a lightning detection system located on the roof of the maintenance building (beyond center field of field 5) to determine the safety of play in potentially severe weather at Bell 17 Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single Long note on the siren. This is the signal to clear all fields, the dugouts, the bleachers and the playground and get to safety. When the system detects that the conditions have improved to a safe level, the strobe light will be turned off and there will be three short blasts from the siren. At this point, play may be resumed. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. If the lightning detection system fails to operate, refer to the rules below for the Fulton County School fields. Fulton County School Fields Upon visual or audible evidence of lightning or thunder, all participants are required to clear the field and seek shelter in a building or vehicle. Play will not be permitted until there is no visual or audible indication of thunder or lightning for a continuous 30 minutes. Every indication of thunder or lightning restarts the clock. Associations that do not have their own established Hydration and Heat Guidelines must adhere to the Hydration and Heat Related Guidelines observed by the Department. In summary outdoor activities must be canceled if the WBGT (Wet Bulb Globe Temperature) is over 92 degrees. Associations that do not have their own established Cold Weather Policy must adhere to the Cold Weather Policy observed by the Department. The policy is as follows; If the official Milton, GA temperature according to www.weather.com is forecasted to be 38 degrees or lower at the time of the scheduled practice or game, it is recommended that the scheduled event be cancelled. If the temperature reaches 32 degrees, it is mandatory the event be cancelled. Milton Parks and Recreation Department cancels and/or postpones all youth programs and activities whenever Fulton County Schools are closed for inclement weather. Associations shall follow this procedure. 15 RESTROOMS Associations are encouraged to inspect the restrooms and report any deficiencies to the City. The City is responsible for the supply of paper products and general maintenance that may occur. 16 SECURING OF FACILITIES An Association Board member should be responsible for securing facilities after each use, including all practices and games. This includes closing 18 and locking of all buildings, the turning off of all scoreboards, returning all scoreboard controllers to the storage room and ensuring all necessary gates are closed and secured. 17 INCIDENTS INVOLVING VANDALISM Vandalism must be reported to the Police Department immediately by calling 91 1. The Association must report damage to City of Milton facilities or buildings to the Department immediately. If damage is a result of the Association's negligence or failure to comply with accepted operational or security measures, the Association may be held responsible for reimbursing the City for all or part of the repair cost. 18 ACCIDENT/INCIDENT REPORTS (attached) The Association is responsible for filing an accident/incident report to the City which documents the details of any accident, injury, or incident which occurs on City property. The report should detail what occurred, the time of the accident/incident, where it occurred, who was involved, and who witnessed the accident/incident and filed the report. A copy of the accident/incident report is included in this manual. The report shall be submitted to the Department within twenty-four (24) hours of the accident/incident. Any and all accidents/incidents must be reported. 19 SCOREBOARDS AND CONTROLLERS Scoreboard control boxes may be used under the following guidelines: a. The Association President must acknowledge use and responsibility of all scoreboard controllers prior to the start of the season; b. Scoreboard controllers that are damaged, lost or destroyed must be immediately reported to the Department; C. A minimum of thirty (30) days should be expected for all repairs; d. The Association shall be responsible for the cost of repairs or replacement of any lost or damaged scoreboard controllers due to negligence; e. Scoreboard controllers must be stored at the park in the storage room; f. Scoreboard controllers are mated to specific scoreboards and must remain with their respective mate; and g. The Association must turn scoreboards off each evening at the conclusion of activities and assure that scoreboards are off on fields not in use. 20 DAMAGE TO TURF GRASS If damage to the turf grass occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions) by the Association, the City will require the 19 Association to purchase replacement sod and incur any other cost necessary to repair the damaged area and to make the playing fields safe. The Department will determine sod renovation needs. 21 METAL CLEATS The use of any form of metal cleats is strictly prohibited on the synthetic turf fields. The Association will be held accountable for the cost of repairs of any damaged artificial turf. 22 KEYS Keys will not be distributed to the Associations. The City will provide code - based locks for those elements of the park that the Associations need access to. Periodically, the Department will change the combinations to buildings, gates, and electrical boxes. The Department will notify affected Association of any changes and will supply new combinations as needed. 23 PUBLICITY Associations should regularly provide the Department with information on activities which the Association wishes for the City to promote. The Department will review information and notify Association within five (5) business days if any changes need to be made in order to comply with established guidelines. The use of social media which the City can share on social media is strongly encouraged. The Department must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. The Department will provide links to Association websites on the City's website. The City will help with the marketing of registration information. City may send news releases to local media outlets; include information in the e -newsletter and Facebook page, etc. The City will not pay for Association advertising, flyers, mailings, etc. The links and all promotional media provided to the City, by the Association, must be to promote only those programs for which the City is a partner. If an Association is running any activities that are not formally sanctioned by the City, those activities cannot be on the website that the City's promotional activity will point to. 20 24 PUBLIC USE OF FIELDS The Facility Use Agreement that will be separately issued by the City applies only to organized league play for the duration of the agreement as specified on the agreement. Unless otherwise scheduled, the facilities are available to the public on a first come first serve basis or may be rented by the Department to outside groups in accordance with the established City policies. 25 PARTICIPANT EVALUATIONS City reserves the right to conduct independent participant surveys. In doing so, the City will use the email addresses provided by the Association to survey the participants for feedback on the quality and satisfaction with the facilities, the program and other information. The City will not release an Association's email database to any party and will share the survey results with the Association Board of Directors. 21 CITY AND PARK ORDINANCES Associations are responsible for adherence to all City and park ordinances. A collection of applicable ordinances is shown below, subject to the caveat that ordinances are amended from time to time and these ordinances may not be fully current. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. If shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1 (a) (1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or 22 loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. (j) Permit required. It shall be un►awful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (1) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking Lot in any parkin the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. 23 (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1 (ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014); Ord. No. 15=03-237 , § 1, 3-16-2015) 24 PARK/FACILITY REGULATIONS Associations conducting youth activities on City facilities must have an appropriate number of adults supervising the activities conducted by the Association from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of an Association must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of the right to use City facilities. All Associations must enact and enforce a policy of ZERO tolerance for abusive behavior while at an Association event on-site or at an away facility. 3. The park belongs to all of the residents of Milton. The Associations are asked to enact and encourage a policy of "Leave It Cleaner Than When You Arrived" with regard to all elements of the park. The Association is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 4. Association representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, hover boards etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10`:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. l O.The use of unmanned aerial vehicles (UAVs) or drones is prohibited at all active parks within the City. 25 1 1. Music may be played in the park at a volume that does not interfere with other activities. Any organization that receives a reasonable request to lower the volume must do so or risk cancellation of scheduled activities. All music played at the park must be in compliance with the current noise ordinances of the City. Music played must not contain inappropriate language (e.g., containing sexually explicit, degrading or violent words or themes) and must be family friendly. DJs are not permitted without a special use permit. 12. Synthetic multi -sport field rules & restrictions: a) No pets of any kind b) No food or beverages, including gum, seeds, nuts, sports drinks or soft drinks c) ONLY PLAIN WATER IS ALLOWED d) No glass containers e) No smoking or tobacco products of any kind f) No playing golf g) No tent stakes, spikes, etc. may be driven into the turf h) No metal or detachable cleats - only sneakers or molded plastic cleats i) No painting, chalking or marking field j) No vehicles, bikes, scooters, skateboards, roller- or inline skates, strollers or hover boards k) No grills, fireworks or fires of any kind 1) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2489 or iim.creq�ae@cityofmiltonga.us 26 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 iim.cregge@cityofmilton_ga.us Program Manager Tom McKlveen, CYSA 678-242-2519 tom.mcklveen@cityofmiltonga.us 27 City of Milton Accident / Incident Report Form Date of accident/incident Time of accident/incident F 'I't h 'd t/' 'intid t d aci i y w ere acct en en occurre Specific location of accident/incident within the facility Number of persons involved Police notified _Y Information on persons involved in the accident/incident: N EMS notified _Y _N NAME (please print) PHONE Under the age of 18 Day: Evening: Evening: Day: Day: Evening: Evening: Day: Day: Evening: Evening: Day: Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening: Day: Evening: Day: Evening: Day: Evening: ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment _Y _ N Photos of accident/incident site taken _Y _ N Person completing form Print name Signature Person completing form Day phone Evening phone Take photographs of the accident/incident site as soon as practical but within 24 hours of the accident/incident Fax or email completed form to Department Director at 678-242-2499 orjim.cregge@cityofmi1tonga.us 28 ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AGREEMENT This agreement, made this day of , 20 , by the City of Milton ("City") and North Atlanta Football League a Georgia non-profit corporation ( "Association"). Witnesseth: In consideration of the mutual promise set forth herein, the City and Association agree as follows The Association shall fully comply with all requirements set forth in the City of Milton Athletic Association Organizational Manual (the "Manual") as it currently exists and as it may be revised and updated from time to time by the City. The Association acknowledges that it has been provided a copy of the Manual prior to its execution of this agreement. 2. During the term of this agreement, the Association will be recognized by the City as an entity authorized to provide recreational and advanced level programs on City -owned or leased property. The specific conditions applicable to use of City property will be set forth in a separate Facility Use Agreement, which must be signed by the Association once a year before engaging in any activity on City property. 3. The City shall endeavor to timely update the Association, through the Association's listed contact information, of any changes to the Manual. The City will not penalize the Association for failure to comply with revised provisions of the Manual unless and until the Association has been provided notice of such revisions and given reasonable time to come into compliance. 4. The term of this agreement will begin upon the last -dated signature placed on this agreement and continue indefinitely until the Association ceases to actively provide recreational programs on City -owned or leased property or until affirmatively terminated by either party. Either party may terminate this agreement for any reason by providing 30 -days' notice to the other party. 5. The City may inspect Association activities, and shall be given access to Association documents, to confirm that the Association is fully complying with the requirements of the Manual. 6. The Association shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any 29 and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the violation of any requirement of the Manual or this agreement, or the willful or negligent acts, errors, or omissions of the Association or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect. The Association shall maintain at all times during the term of this agreement insurance coverages as set forth in the Manual. 7. It is the understanding of the City and the Association that nothing contained in this agreement shall be interpreted to assign to the Association any status under this agreement other than that of an independent association, This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the Association is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance Law. The Association agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Association and the City and the City will not be liable for any obligation incurred by Association, including but not Limited to unpaid minimum wages or overtime premiums. 8. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 30 9. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ASSOCIATION NAME: N,-vAc, �t doh c root e'lzo ADDRESS: F" Gax (?-Z' CITY/STATE/ZIP: A1j6*4 PHONE: 'Wo -i" Z43 — q3-a WEBSITE: www•.rfi- c, &L - EMAIL: Cyc;L--�"":4 CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2489 www.cityofmiltonga.us iim.cregge@cityofmiltonga.us 10. This agreement may be executed in counterparts, each of which shall constitute an original. 11. The City has designated the Director of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Association in the execution of the terms of this agreement. 31 12. This agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This agreement shall be construed under and governed by the laws of the State of Georgia. This agreement is the complete understanding of the parties in respect of the subject matter of this agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this agreement shall not constitute a waiver of than or any other provision of the agreement. The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision of this agreement. In the event of any conflict among the terms and conditions contained in this agreement and the Manual, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. [SIGNATURES ON FOLLOWING PAGE] 32 ASSOCIATION: By: President Name: (Typed or Printed) Date: Attest: Organization Se retary Name: "IVA . (Typed or Printed) Date: -',Jzbj x5 [AFFIX CORPORATE SEAL] CITY: By: Joe Lockwood Mayor, City of Milton Attest: Name: Date: [CITY SEAL] Approved as to form: City Attorney 33 MILTON ~ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May29,2019 FROM: Steven Krokoff, City ManagerO) AGENDA ITEM: Approval of Change Order# 1 to the Professional Services Agreement between the City of Milton and Kimley-Horn for the Trail/Park Planning, Design and Construction Documents Approved on May 21, 2018. MEETING DATE: Monday, June 3, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( J4,PPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (yYES r/rEs APPROVAL BY CITY ATTORNEY: ( .(APPROVED PLACED ON AGENDA FOR: ( ) NOT APPROVED () NO () NO ( ) NOT APPROVED 2006 Heritage Walk Milton . GA P: 678.242.2500 IF: 678.242 .2499 info@cityofmiltonga.usIwww.cityofmiltonga.us OGOO To: Honorable Mayor and City Council Members From: Parag Agrawal, Director, Community Development Date: Submitted on May 14, 2019 for the June 3, 2019 Regular City Council Meeting Agenda Item: Consideration of Change Order #1 to the Professional Services Agreement between the City of Milton and Kimley-Horn for the Trail/Park Planning, Design and Construction Documents approved May 21, 2018 _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This Professional Services agreement with Kimley-Horn and Associates, Inc., is being changed to accommodate a scope of work to include additional community engagements meetings, and a reassessment of the alignment of the trails. The additional scope of work will increase the cost by $107,000 from the original contract. The City of Milton wishes to retain a professional consultant to provide enhanced public engagement and trail planning services to refine and refocus the plans for three trails identified in the Milton Trails Blueprint; and in consideration of the professional trail- planning services currently provided to the City of Milton by Kimley-Horn and Associates, Inc., (“Consultant”), the Consultant’s unique familiarity with the Milton Trails Blueprint and the City’s trail-planning goals and priorities, and the special benefits to be achieved from continuity of services, the City has determined to continue with Kimley-Horn and contract for additional services on the same basic terms and conditions found in the Agreement The Agreement is amended as follows: 1. Section I (D) of the Agreement is amended to extend the deadline for completion of the Work to December 31, 2019, provided that the City shall grant reasonable extensions to Consultant for delays caused by factors outside Consultant’s control. 2. Section III (B) of the Agreement is amended as follows: a. The maximum contract price of $353,000.00 is replaced with $460,000.00. b. $45,000 is transferred from the existing $263,000 lump sum budget to the budget for Work added by this Change Order. c. Additional pricing information for the Work added by this Change Order is addressed in the attached proposal, which will be incorporated as Exhibit C to the Agreement. 3. Exhibit C (Scope of Work) of this Agreement is amended as follows: a. The proposal attached to this Change Order is added to Exhibit C of the Agreement as supplemental Work. b. In recognition that the parties have removed $45,000 from the original lump sum budget, the parties agree that the following tasks are removed from the original Scope of Work in the Agreement: All efforts that were dedicated to the Central Milton Trail in Task I and Task II. Funding and Fiscal Impact: $107,000.00 Financial Review: Bernadette Harvill, May 28, 2019 Alternatives: None. Legal Review: Sam VanVolkenburgh (Jarrard & Davis), May 13, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Change Order Agreement Scope of Work 1 CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT TRAIL/PARK PLANNING, DESIGN AND CONSTRUCTION DOCUMENTS WHEREAS, the City of Milton wishes to retain a professional consultant to provide enhanced public engagement and trail planning services to refine and refocus the plans for three trails identified in the Milton Trails Blueprint; and WHEREAS, the City of Milton procured multiple quotes for this service in accordance with applicable law; and WHEREAS, in consideration of the professional trail-planning services currently provided to the City of Milton by Kimley-Horn and Associates, Inc., (“Consultant”), the Consultant’s unique familiarity with the Milton Trails Blueprint and the City’s trail-planning goals and priorities, and the special benefits to be achieved from continuity of services, the City has determined to select Consultant as a “sole source” or “brand name” provider under i ts Purchasing Policy; and WHEREAS, the City and Consultant have entered into a Professional Service Agreement (the “Agreement”) dated May 21, 2018; and WHEREAS, the City and Consultant are willing to contract for additional services on the same basic terms and conditions found in the Agreement; and WHEREAS, the parties therefore desire to issue a first change order pursuant to Section II of the Agreement, it being to the mutual benefit of all parties to do so. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section I (D) of the Agreement is amended to extend the deadline for completion of the Work to December 31, 2019, provided that the City shall grant reasonable extensions to Consultant for delays caused by factors outside Consultant’s control. 2. Section III (B) of the Agreement is amended as follows: a. The maximum contract price of $353,000.00 is replaced with $460,000.00. b. $45,000 is transferred from the existing $263,000 lump sum budget to the budget for Work added by this Change Order. c. Additional pricing information for the Work added by this Change Order is addressed in the attached proposal, which will be incorporated as Exhibit C to the Agreement. 3. Exhibit C (Scope of Work) of this Agreement is amended as follows: a. The proposal attached to this Change Order is added to Exhibit C of the Agreement as supplemental Work. b. In recognition that the parties have removed $45,000 from the original lump sum budget, the parties agree that the following tasks are removed from the original Scope of Work in the Agreement: Efforts dedicated to the Central Milton Trail in Tasks I and II. 2 4. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Consultant specifically agrees that its E-verify obligations and E- verify affidavits executed in connection with the Agreement shall apply equally to the additional Work. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized offices as of the day and year set forth next to each signature. City of Milton ________________________________ Mayor ________________________________ Date Attest: ________________________________ City Clerk _____________________________________ City Attorney Approval as to Form [City Seal] Consultant: Kimley-Horn and Associates, Inc. Signature: ___________________________ Printed Name: _______________________ Title: _________________________________ Date: _______________________________ kimley -horn.com 817 West Peachtree Street Suite 601 Atlanta, Georgia 30308 404 419 8700 April 25, 2019 Mr. Parag Agrawal, AICP Community Development Director CITY OF MILTON 2006 Heritage Walk Milton, Georgia 30004 Re : Milton Trails- Enhanced Engagement & Alignment Analysis A supplement to the Milton Trail/Park Planning, Design & Construction contract Dear Mr. Agrawal: Kimley -Horn and Associates, Inc. (“Kimley-Horn” or “Consultant ”) is pleased to submit this draft add/amended service proposal to the City of Milton (“Client ”) to review and re-evaluate the three (3) “Golden Opportunity” or priority trail s identified in the Milton Trails Blueprint. For each priority trail, the Consultant team shall:  Review previously completed work and update baseline existing conditions.  Review, reconsider and provide recommendations related to trail alignment .  Facilitate targeted community engagement with adjacent stakeholders and likely user groups .  Identify preferred route alignment and develop an action plan outlining projects, potential order of magnitude cost estimates. This add/amended service is pursuant to the Milton Trail/Park Planning, Design and Construction Documents contract between the City of Milton and Kimley-Horn Associates, Inc. executed on May 21, 2018. Note: Trails scope includes • Alternative route analysis • Community engagement with stakeholders, general community, and council • Engagement with likely users of potential alternative routes that were not i ncluded in the initial contract PROJECT UNDERSTANDING As a task order supplement to the Milton Trail/Park Planning, Design and Construction Documents contract , Kimley-Horn and Associates, Inc. will provide enhanced public engagement and trail planning services to refine and refocus the three (3) “Golden Opportunity ” trails identified in the Milton Trails Blueprint , adopted in November 2017 and consider properties acquired by the Greenspace Bond Fund as potential trai l connections. The “Golden Opportunity” or priority trails include:  The Crabapple Loop (original trail route defined as 2.0 miles)  The Deerfield Connectors (original trail route defined as 3.8 miles)  The Central Milton Trail (original trail route defined as 5.9 miles) Page 2 Kimley -horn.com 817 West Peachtree Street Suite 601 Atlanta, Georgia 30308 404 419 8700 SCOPE OF SERVICES Kimley -Horn will provide the services specifically set forth below. Task 1- Existing Conditions and Milton Trails Blueprint Review Kimley -Horn will review each “Golden Opportunity ” trail and conduct a review of existing conditions , including identification of key connections/destinations and alignment alternatives identified as part of the previous effort . The Consultant will then prepare a project base map and existing conditions based on City -provided GIS, available/updated information, and the team’s knowledge and experience in Milton. The existing conditions review and mapping will focus on potential connectivity between community destinations- existing and future parks, schools, community facilities, and existing and potential neighborhood areas. Connections will also seek to utilize and build upon planned and potential infrastructure projects. Based on the review and assessment, the team will review project goals from the previous effort (The Milton Trails Blueprint) and the previous framework strategy for a connected citywide network of trails. The team will review and consider previous community feedback, and document the opportunities and challenges related to each “Golden Opportunity” trail . The team will also review the potential to create trail access through and on properties acquired by the Greens pace Bond Fund. Kimley -Horn will present findings to a Project Management Team (PMT) of City staff and prepare a briefing presentation for a forthcoming City Council Work Session. M aterials will also be prepared for a meeting with the Stakeholder Advisory Committee and Milton Greenspace Advisory Committee (MGAC). The Stakeholder Advisory Committee Meeting will focus on a review of previous efforts and reconsideration and/or affirmation of existing conditions, opportunities, and goals for each “Golden Opportunity” trail, with a focus on maximizing connectivity, while minimizing property/viewshed impacts. The team will summarize results and prepare a progress report for presentation to City Council which will be preceded by a pre-council work session open house in council chambers from 5pm to 6pm. Task 1 Summary:  Review assessment and consolidation of previous plans  Review updated City -provided GIS data and existing conditions (schools, community facilities and destinations, neighborhoods, proposed and potential development sites, proposed and potential infrastructure projects)  Review preliminary goals from previous plan effort  Review and assess previous trail alignment options for each “Golden Opportunity” trail , via electronic mapping research and a site visit/field review  Review property and viewshed impacts/concerns  Project Management Team/Staff Meeting #1 – Establish the Goals & Priorities of the Project  Stakeholder Advisory Committee Meeting #1 – Establish the Goals & Priorities of the Project  Milton Greens pace Advisory Committee (MGAC) Meeting #1 Page 3 Kimley -horn.com 817 West Peachtree Street Suite 601 Atlanta, Georgia 30308 404 419 8700  City Council #1 (initial briefing/feedback on Task 1 results and findings)/Pre -council work session open house Task 2 – Trail Alignment Review and Concepts Development Based on the first round of PMT, Stakeholder Advisory Committee, MGAC, and City Council meetings , the team will re-evaluate the “Golden Opportunity” trail concepts and develop/consider alternate routes based on Project Goals and Priorities informed by discussions and points from Task 1. For each priority trail, up to three (3) alternate trail routes will be prepared, each based on maximizing the accessibility to community facilities, destinations and neighborhoods; while mitigating property/viewshed impacts. Considerations for each alternate trail route will include likely user groups , safety , construction costs, advantages and disadvantages of each option. Alternate concepts and recommendations for each priority trail will be reviewed with the PMT and presented for review and discussion with the Stakeholder Advisory Committee and Milton Equestrian Committee as draft concepts. The team will revise, and likely reduce the number of concepts based on PMT and committee input. The team will share results at up to eight (8) Target Group Meetings specific to each of the “Golden Opportunity” t rails. Participants will include stakeholders adjacent to proposed trail routes and likely potential users. Each session will be designed to gather public input regarding trail alignment options, potential impacts , and initial priorities. Promotion, outreach and invitations for all Target Group meetings will be the responsibility of the City. Recommended Target Groups are identified as follows:  Target Group Meeting 1: Crabapple Loop  Target Group Meeting 2: Deerfield Connectors  Target Group Meeting 3: Central Milton Trail (Paved Roads Residents)  Target Group Meeting 4: Central Milton Trail (Unpaved Road Residents )  Target Group Meeting 5: Central Milton Trail (Birmingham Crossroads Area)  Target Group Meeting 6: Likely Trail Users /City -Wide session  Target Group Meeting 7: Fulton County Schools Site (Surrounding Neighbors)  Floating Target Group Meeting 8: if there is need to have a follow-up meeting at one of the above areas The team will summarize results from the public Target Group meetings and prepare a Task 2 progress report for presentation at a City Council Work Session. The presentation will be preceded by a Community Open House from 4pm to 6pm for review and input . Task 2 Summary:  Re-evaluate previous concepts  Develop/consider up to three (3) alternate trail routes for each “Golden Opportunity” trail informed by Task 1, articulate pros and cons for each  Compare community connectivity, potential user groups, impacts, and order of magnitude costs for each alternate trail route  Project Management Team/Staff Meeting #2  Stakeholder Advisory Committee Meeting #2 Page 4 Kimley -horn.com 817 West Peachtree Street Suite 601 Atlanta, Georgia 30308 404 419 8700  Milton Equestrian Committee Meeting #1  Revise preliminary plan and trail alignment alternatives  Target Group Meetings (up to 8)  City Council Briefing #2/Community Open House (progress report on Task 2 results)  Request Council feedback on route alignment preferences Task 3 – Trail Prioritization and Action Plan Based on the feedback received in Task 2, the team will begin to prepare the draft Milton Trails Blueprint Update focused on the “Golden Opportunity” trails . The update will include a refined action plan including definition of short - and long-range project priorities and provide an opinion of costs. The update will also include an exploration of public art opportunities along the trails which will be informed by input from the Milton Public Art Commission. The draft plan will be reviewed with the Project Management Team and Stakeholder Advisory Committee. A summary presentation will be developed for presentation to City Council which will be preceded by a Public Open House designed to provide community review and prioritization of preferred concepts and alternatives . The team will attend a subsequent City Council meeti ng for plan review and adoption which will be preceded by a Community Open House from 4pm to 6pm for a progress report on Task 3 results. Task 3 Summary:  Develop draft Milton Trails Blueprint update  Short -range projects and costs  Long-range projects and costs  Public art opportunities along the trails  Milton Public Art Commission Meeting #1  Project Management Team/Staff Meeting #3  Stakeholder Advisory Committee Meeting #3  City Council Briefing #3/Community Open House  Request feedback on recommended/preferred trail route alignment and phasing  Meetings with property owners of the three (3) “Golden Opportunity” alignment s up to three (3) meetings total  Develop Plan Document and presentation  Project Management Team/Staff Meeting #4  City Council #4 (review/adoption)/Community Open House (progress report on Task 3 result s) ADDITIONAL SERVICES Additional services, including design and engineering services, may be performed at the request of the City and will be performed at the Consultant ’s then current hourly rates. Page 5 Kimley -horn.com 817 West Peachtree Street Suite 601 Atlanta, Georgia 30308 404 419 8700 I NFORMATION PROVIDED BY CLIENT We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client ’s Consultants or representatives. The Client shall provide all informat ion requested by Kimley-Horn during the project. SCHEDULE We will provide our services as expeditiously as practicable. Final deliverables will be prepared with the goal of present ing at the December 2019 meeting of the City Council. FEE AND EXPENSES Kimley -Horn will complete Tasks 1-3 for a lump sum fee of $152,000 including expenses.  Task 1- Existing Conditions and Milton Trails Blueprint Review $32,000  Task 2- Trail Alignment Review and Concepts Development $66,000  Task 3- Trail Prioritization and Action Plan $49,000  Expenses $ 5,000 Total $152,000 Budget from the previous task order, Trail/Park Planning, Design and Construction Documents, that has been put on hold ($45,000) can be leveraged for this amendment. The scope associated with the remaining budget of the previous task order will not be completed at this time and will require an additional future amendment to be completed. Remaining Budget from Previous Task Order $45,000 Total New Budget Requested $107,000 Fees will be invoiced monthly based upon the amount of services performed. Payment is due within 30 days of receipt of the invoice and should include invoice number and Kimley-Horn project number. CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant " shall refer to Kimley-Horn and Associates, Inc., and "Client " shall refer to the City of Milton. Kimley -Horn, to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if reques ted. Please include the invoice number and Kimley -Horn project number with all payments. Page 6 Kimley -horn.com 817 West Peachtree Street Suite 601 Atlanta, Georgia 30308 404 419 8700 Please provide the following information: Please email all invoices to: See page 5. Please copy: See page 5. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully executed agreement. Fees and times stated in this Agreement are valid up to sixty (60) days after the date of this letter. Once signed within sixty (60) days after receipt of this letter, the rates and times are valid for duration of the contract. To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project. We appreciate the opportunity to provide these services to you. Please contact me with questions. Very truly yours, Cristina Pastore, AICP , P.E. Project Manager KIMLEY-HORN AND ASSOCIATES, INC. Rob Ross Vice President CITY OF MILTON, GEORGIA Parag Agrawal Community Development Director Page 7 Kimley -horn.com 817 West Peachtree Street Suite 601 Atlanta, Georgia 30308 404 419 8700 Client ’s Federal Tax ID: Client ’s Business License No.: Client ’s Street Address: Attachment – Request for Information Attachment – Standard Provisions Phase II Cristina Vacation Milton Trails Major Holiday Weeks Month Week 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 City Council Meeting 6 20 3 17 Closed 8 22 5 19 Closed 9 23 7 21 4 Closed 18 2 16 City Council Work Session 13 10 Closed 15 12 Closed 16 14 Closed 9 Task 1: Existing Conditions and Milton Trails Blueprint Review Review assessment and consolidation of previous plans Review GIS and update existing conditions assessment Review preliminary goals from previous plan effort Conduct field review/site visit Existing condistions review consolidation PMT Meeting #1 Stakeholder Advisory Committee Meeting #1 Milton Greenspace Advisory Committee Meeting #1 City Council Meeting #1/Pre-council work session open house Task 2: Trail Alignment Review and Concepts Development Re-evaluate previous concepts Develop/consider alternate concepts (3 for each priority trail) Compare and contrast options (property/viewshed impacts & costs) PMT Meeting #2 Stakeholder Advisory Committee Meeting #2 Milton Equestrian Committee Meeting #1 Revise plans and alternatives Target Group Meetings (up to 8) Revise plans and alternatives City Council Meeting /Open House #2 Task 3: Trail Prioritization and Action Plan Develop Action Plan (projects and costs and public art) Milton Public Art Commission Meeting #1 PMT Meeting #3 Stakeholder Advisory Committee Meeting #3 Meetings with property owners along alignments (up to 3) City Council Meeting /Open House #3 Final plan document and presentation PMT Meeting #4 City Council Meeting /Open House #4 October November DecemberMayJuneJulyAugustSeptember MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO : City Council DATE: May 29, 2019 FROM: Steven Krokoff, City Manage@ AGENDA ITEM: Approval of Amendment # 1 to the Master Agreement and AT&T Dedicated Internet Pricing Schedule between the City of Milton and AT&T Corp. MEETING DATE : Monday, June 3, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary} See attached memorandum APPROVAL BY CITY MANAGER: (J,APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: ./,,(YES (YfES APPROVAL BY CITY ATTORNEY: if APPROVED PLACED ON AGENDA FOR: (} NOT APPROVED (} NO (} NO (} NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678 .242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us OCIOO To: Honorable Mayor and City Council Members From: Recardo Tucker, IT Manager Date: Submitted on May 30th, 2019 for the June 3rd, 2019 Regular City Council Meeting Agenda Item: Approval of Agreement between City of Milton and AT&T Corp for increased bandwidth. Project Description: This will allow AT&T to provide reliable fiber connectivity to the city that will overall enhance the city’s ability to support the citizens of Milton. Use of the increased network bandwidth is critical to be able to support the infrastructure services along with providing the City priority during any network outages. Funding & Fiscal Impact: None, the city will increase its bandwidth with AT&T, in regard to city network connections, there will be cost savings for City Hall, Fire, and Police. This will allow each entity to function independently on its own network connection to maximize network reliability and speed. Alternative: The City presently has a shared network connection that doesn’t maximize bandwidth, and productivity. Legal Review: Sam VanVolkenburg, Jarrard & Davis LLP, May 24th, 2019 Attachment(s): AT&T Master Service Agreement Addendum AT&T Dedicated Internet Pricing Schedule Amendment # _1 ROME 1-AH4TEN0 WR 1-ALZKMNG VJ9163 05232019 AT&T and Customer Confidential Information Page 1 of 2 10/08 MA Reference No. 153709UA MASTER AGREEMENT Amendment # 1 Customer AT&T AT&T Sales Contact (for notices) CITY OF MILTON Street Address: 2006 HERITAGE WALK City: Milton State/Province: GA Zip Code: 30004 Country: USA AT&T Corp. (or enter the International Affiliate Name) Name: Street Address: City: State/Province: Zip Code: Country: Customer Contact (for notices) AT&T Contact (for notices) AT&T Solution Provider or Representative Information (if applicable) Name: Joe Lockwood Title: Mayor Street Address: 2006 HERITAGE WALK City: Milton State/Province: Ga Zip Code: 30004 Country: USA Domestic / International / Zip Code 30004 Street Address: City: State/Province: Zip Code: Country: With a copy to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com Street Address: 745 Peachtree st City: Atlanta State/Province: GA Zip Code: 30308 Country: USA Domestic / International / Zip Code: 30004 Fax: Email: alook@cynergytelecom.com Sales/Branch Manager: Russ Kane SCVP Name: Chris Jones This Amendment Number 1 (“Amendment”) amends the Master Agreement, dated September 28, 2016, and shall be effective upon signature by the parties (“Effective Date”). Except as modified herein, the terms of the Master Agreement remain unchanged and in full force and effect. This Amendment also applies to all Service Order Attachments, Addenda, Pricing Schedules and all other documents related to the Master Agreement. In the event of any conflict or discrepancy among the Master Agreement and this Amendment, the descending order of precedence shall be this Amendment and then the Master Agreement. AGREED: Customer AGREED: AT&T By:_________________________________________ (by its authorized representative) By:____________________________________________ (by its authorized representative) (Typed or Printed Name) (Typed or Printed Name) (Title) (Title) (Date) (Date) Approved as to form: By:_________________________________________ (by its authorized representative) (Typed or Printed Name) (Title) (Date) Amendment # _1_ to MASTER AGREEMENT Amendment # _1 ROME 1-AH4TEN0 WR 1-ALZKMNG VJ9163 05232019 AT&T and Customer Confidential Information Page 2 of 2 10/08 1. CUSTOM TERMS AND CONDITIONS The parties agree to modify the terms and conditions of the Master Agreement, upon the date this Amendment is signed by both parties, as follows: 1.1. Article 8 SUSPENSION AND TERMINATION Section 8.5 is added as follows: 8.5. Non-Appropriations of Funding. If Customer is a government agency dependent entirely on government funding, by executing this Agreement, Customer warrants that Customer has funds appropriated and available to pay all amounts due hereunder through the end of Customer’s current fiscal period. Customer further agrees to use reasonable efforts to obtain all appropriations and funding necessary to pay for the Services for each subsequent fiscal period through the end of the applicable Minimum Payment Period. In the event Customer is unable to obtain the necessary appropriations or funding for the Services provided under this Agreement, Customer may terminate the Services without liability for the Termination Charges set forth in section 8 (Suspension and Termination) upon the following conditions: (i) Customer has taken all actions necessary to obtain adeq uate appropriations or funding; (ii) despite Customer’s best efforts funds have not been appropriated and are otherwise unavailable to pay for the Services; and (iii) Customer has negotiated in good faith with AT&T to develop revised terms, an alternative payment schedule or a new agreement to accommodate Customer’s budget. Customer must provide AT&T thirty (30) days’ written notice of its intent to terminate the Services under this section. Termination of the Services for failure to obtain necessary appropriations or funding shall be effective as of the last day for which funds were appropriated or otherwise made available. If Customer terminates the Services under this Agreement under this section, Customer agrees as follows: (i) it will pay all amounts due for Services incurred through date of termination, and reimburse all unrecovered non-recurring charges; and (ii) it will not contract with any other provider for the same or substantially similar services or equipment for a period equal to the original Minimum Payment Period for such Service(s). 0 245649 PSMIS14054995_6_VJ_8.docm AT&T MA Reference No. 153709UA AT&T PS Contract ID MIS14054995 AT&T DEDICATED INTERNET PRICING SCHEDULE AT&T and Customer Confidential Information Page 1 ASAP! MIS Standard 2014 Rate Plan 1-AH4TEN0 WR 1-ALZKMNG VJ9163 05232019 RTLR 967203.5 PS ADI 2014 04/04/2018 Customer AT&T CITY OF MILTON Street Address: 2006 HERITAGE WALK City: MILTON State/Province: GA Zip Code: 30004 Country: US AT&T Corp. Customer Contact (for Notices)AT&T Contact (for Notices) Name: Joe Lockwood Title: Mayor Street Address: 2006 Heritage Walk City: Milton State/Province: GA Zip Code: 30004 Country: United States Telephone: 678-242-2484 Email: Joe.Lockwood@cityofmilton.us Name: Street Address: City: State/Province: Zip Code: Country: Telephone: Email: Sales/Branch Manager: SCVP Name: Sales Strata: Sales Region: With a copy (for Notices) to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com AT&T Solution Provider or Representative Information (if applicable) Name1: Allyson Look Company Name: TotalNet, LLC Agent Street Address: 745 Peachtree st NE City: Atlanta State: GA Zip Code: 30308 Country: United States Telephone: 678-501-4620 Fax: Email: alook@cynergytelecom.com Agent Code: 15997 This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above. Customer (by its authorized representative) AT&T (by its authorized representative) By:By: Name: Name: Title: Title: Date: Date: Customer (by its authorized representative) By: Name: Title: Date: Contract Id: 7320824 AT&T MA Reference No. 153709UA AT&T PS Contract ID MIS14054995 AT&T DEDICATED INTERNET PRICING SCHEDULE AT&T and Customer Confidential Information Page 2 ASAP! MIS Standard 2014 Rate Plan 1-AH4TEN0 WR 1-ALZKMNG VJ9163 05232019 RTLR 967203.5 PS ADI 2014 04/04/2018 1.SERVICES Service Service Publication Location AT&T Dedicated Internet (ADI)http://serviceguidenew.att.com/sg_flashPlayerPage/MIS AT&T Bandwidth Services http://serviceguidenew.att.com/sg_flashPlayerPage/BWS 2.PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term 36 Months Pricing Schedule Term Start Date Effective Date of this Pricing Schedule Effective Date of Rates and Discounts Effective Date of this Pricing Schedule 3.MINIMUM PAYMENT PERIOD Service Components Percent of Monthly Charges Due Upon Termination Prior to Completion of Minimum Payment Period Minimum Payment Period per Service Component All Service Components 50%Longer of 12 months or until the end of the Pricing Schedule Term 4.SERVICE OR SERVICE COMPONENT WITHDRAWAL AT&T may discontinue a Service or Service Component as provided in the applicable Service Guide and in the case of a Service or Service Component that is supplied to AT&T by a third party service provider upon thirty (30) days written notice. 5.RESALE OF SERVICES (US Mainland, and HI only) Customer may resell the Service. 6.RATES (US Mainland, and HI only) Section I: AT&T Dedicated Internet Access Bandwidth - Table 1: DNS Services Option Undiscounted MRC Additional Primary DNS (available in increments of up to 15 zones with a maximum of 150 Kilobytes of zone file data)$100 per DNS increment Additional Secondary DNS (available in increments of up to 15 zones with a maximum of 150 Kilobytes of zone file data)$100 per DNS increment Table 2: ADI Tele – Installation Discount: 100.00% ADI Speed Undiscounted ADI Installation Fee Undiscounted ADI w/ Managed Router Installation Fee 56 Kbps $1,000 $1,000 128 Kbps - 1.5 Mbps $1,000 $1,000 NxT-1 $2,500 $2,500 Tiered/Full T-3 $5,000 N/A Tiered OC-3, OC-12, OC-48 $10,000 N/A Ethernet $1,500#$1,500**# Contract Id: 7320824 AT&T MA Reference No. 153709UA AT&T PS Contract ID MIS14054995 AT&T DEDICATED INTERNET PRICING SCHEDULE AT&T and Customer Confidential Information Page 3 ASAP! MIS Standard 2014 Rate Plan 1-AH4TEN0 WR 1-ALZKMNG VJ9163 05232019 RTLR 967203.5 PS ADI 2014 04/04/2018 10 Gig Ethernet* and up $1,500#$1,500 * Service not available with MPLS PNT. **Pricing available for ADI speeds of 100 Mbps and below and with electrical interfaces only. # Pricing also applies to Service locations in Alaska. Table 3: On-Site Installation Discount: 50.00% ADI Speed Undiscounted ADI w/ Managed Router Only Installation Fee 56 Kbps $999 128 Kbps - 1.5 Mbps $999 NxT-1 $999 Tiered/Full T-3 $1,000 Tiered OC-3, OC-12, OC-48 $10,000 Ethernet $1,500* 10 Gig Ethernet and up $1,500 Nx10Gig Ethernet $3,500 * Pricing also applies to Service locations in Alaska. Table 4: Flexible Bandwidth Billing Option – Ethernet* ADI & ADI w/Managed Router Discount: 10.00% Applies to all Tiered Bandwidth Minimum Commitments in this table unless an override discount is indicated. Incremental Usage Fee Discount: 10.00% Applies to all Tiered Bandwidth Minimum Commitments in this table unless an override discount is indicated. Tiered Bandwidth Minimum Commitment Undiscounted ADI MRC Undiscounted ADI w/ Managed Router MRC Undiscounted Incremental Usage Fee ADI & ADI w/ Managed Router Discount for the following: Incremental Usage Fee Discount for the following: 0.5 Mbps $257 $385 $940 1.0 Mbps $258 $386 $510 1.5 Mbps $259 $387 $380 2 Mbps $260 $388 $355 3 Mbps $261 $389 $340 4 Mbps $262 $390 $325 5 Mbps $263 $391 $270 6 Mbps $264 $392 $250 7 Mbps $265 $393 $245 8 Mbps $266 $394 $235 9 Mbps $267 $395 $230 ADI & ADI w/ Managed Router Discount for the following: Incremental Usage Fee Discount for the following: 10 Mbps $268 $396 $198.00 15 Mbps $359 $487 $162.33 20 Mbps $449 $577 $144.25 25 Mbps $542 $670 $134.00 ADI & ADI w/ Managed Router Discount for the following: Incremental Usage Fee Discount for the following: Contract Id: 7320824 AT&T MA Reference No. 153709UA AT&T PS Contract ID MIS14054995 AT&T DEDICATED INTERNET PRICING SCHEDULE AT&T and Customer Confidential Information Page 4 ASAP! MIS Standard 2014 Rate Plan 1-AH4TEN0 WR 1-ALZKMNG VJ9163 05232019 RTLR 967203.5 PS ADI 2014 04/04/2018 30 Mbps $633 $761 $126.83 35 Mbps $680 $854 $122.00 40 Mbps $812 $945 $118.13 45 Mbps $817 $950 $105.56 ADI & ADI w/ Managed Router Discount for the following: 83.00% Incremental Usage Fee Discount for the following: 83.00% 50 Mbps $813 $955 $95.50 60 Mbps $946 $1,100 $91.67 70 Mbps $1,032 $1,200 $85.71 75 Mbps $1,118 $1,300 $86.67 80 Mbps $1,204 $1,420 $88.75 90 Mbps $1,290 $1,500 $83.33 ADI & ADI w/ Managed Router Discount for the following: 83.00% Incremental Usage Fee Discount for the following: 83.00% 100 Mbps $1,400 $1,555 $77.75 120 Mbps $1,770 $1,937 $80.71 144 Mbps $1,790 $1,960 $68.06 150 Mbps $1,800 $1,965 $65.50 155 Mbps $1,820 $2,020 $65.16 ADI & ADI w/ Managed Router Discount for the following: Incremental Usage Fee Discount for the following: 200 Mbps $2,000 $2,100 $52.50 250 Mbps $2,150 $2,240 $44.80 300 Mbps $2,250 $2,620 $43.67 350 Mbps $2,500 $3,125 $44.64 ADI & ADI w/ Managed Router Discount for the following: Incremental Usage Fee Discount for the following: 400 Mbps $2,700 $3,380 $42.25 450 Mbps $3,000 $3,720 $41.33 500 Mbps $3,500 $4,325 $43.25 550 Mbps $3,650 $4,425 $40.23 600 Mbps $4,096 $4,840 $40.33 622 Mbps $4,117 $5,000 $40.19 ADI & ADI w/ Managed Router Discount for the following: Incremental Usage Fee Discount for the following: 700 Mbps $4,199 $5,240 $37.43 800 Mbps $4,301 $5,440 $34.00 900 Mbps $4,403 $5,540 $30.78 1000 Mbps $4,505 $5,620 $28.10 * Pricing also applies to Service locations in Alaska (Override discounts are not applicable to Service locations in Alaska). Table 5: Class of Service Option - Tiered T-1, T-3 and Burstable Service - Monthly Charges Discount: 94.00% Speed Class of Service ADI & ADI w/ Managed Router MRC*# 56 Kbps**$225 128 Kbps**$225 256 Kbps**$225 384 Kbps**$225 Contract Id: 7320824 AT&T MA Reference No. 153709UA AT&T PS Contract ID MIS14054995 AT&T DEDICATED INTERNET PRICING SCHEDULE AT&T and Customer Confidential Information Page 5 ASAP! MIS Standard 2014 Rate Plan 1-AH4TEN0 WR 1-ALZKMNG VJ9163 05232019 RTLR 967203.5 PS ADI 2014 04/04/2018 512 Kbps**$225 768 Kbps $225 1024 Kbps**†$225 1.5 Mbps $225 2xT-1 (3 Mbps) $225 3xT-1 (4.5 Mbps) $225 4xT-1 (6 Mbps) $225 5xT-1 (7.5 Mbps) $225 6xT-1 (9 Mbps) $225 7xT-1 (10.5 Mbps) $225 8xT-1 (12 Mbps) $225 10 Mbps $825 15 Mbps $1,075 20 Mbps $1,325 25 Mbps $1,575 30 Mbps $1,825 35 Mbps $2,100 40 Mbps $2,350 45 Mbps $2,750 155 Mbps $2,750 * Charges waived for Sites with AT&T BVoIP Service. **no real-time class available. (†) Speed not available with MPLS PNT. # Pricing also applies to Service locations in Alaska. Table 6: Class Of Service Option - Flexible Bandwidth Billing Option - Monthly Charges Discount: 94.00% Speed Undiscounted ADI & ADI w Managed Router MRC *# Up to 1.5 Mbps $225 2.0 Mbps $285 2.01 - 3.0 Mbps $360 3.01 - 4.0 Mbps $435 4.01 - 5.0 Mbps $510 5.01 - 6.0 Mbps $575 6.01 - 7.0 Mbps $640 7.01 - 8.0 Mbps $705 8.01 - 9.0 Mbps $765 9.01 to 10.0 Mbps $825 10.01 to 15.0 Mbps $1,075 15.01 - 20.0 Mbps $1,325 20.01 - 25.0 Mbps $1,575 25.01 - 30.0 Mbps $1,825 30.01 - 35.0 Mbps $2,100 35.01 - 40.0 Mbps $2,350 40.01 – 45 Mbps $2,750 45.01 – 155 Mbps $5,000 200 - 250 Mbps $5,400 300 - 350 Mbps $5,800 Contract Id: 7320824 AT&T MA Reference No. 153709UA AT&T PS Contract ID MIS14054995 AT&T DEDICATED INTERNET PRICING SCHEDULE AT&T and Customer Confidential Information Page 6 ASAP! MIS Standard 2014 Rate Plan 1-AH4TEN0 WR 1-ALZKMNG VJ9163 05232019 RTLR 967203.5 PS ADI 2014 04/04/2018 400 - 600 Mbps $6,200 622 Mbps $7,000 700 – 1000 Mbps $7,800 1.5 Gbps**$7,900 2.0 Gbps**$8,000 2.5 Gbps**$8,100 3.0 Gbps**$8,200 3.5 Gbps**$8,300 4.0 Gbps**$8,400 4.5 Gbps**$8,500 5.0 Gbps**$8,600 5.5 Gbps**$8,700 6.0 Gbps**$8,800 6.5 Gbps**$8,900 7.0 Gbps**$9,000 7.5 Gbps**$9,100 8.0 Gbps**$9,200 8.5 Gbps**$9,300 9.0 Gbps**$9,400 9.5 Gbps**$9,500 10.0 Gbps and up**$9,600 *Charges waived for Sites with AT&T BVoIP Service. ** Speed not available with MPLS PNT. # Pricing also applies to Service locations in Alaska. Table 7: Class Of Service Option – Aggregate Billing Option** - Monthly Charges Discount: 94.00% Speed Undiscounted ADI & ADI w Managed Router MRC *# T3 (up to 45 Mbps)$2,750 OC3 (up to 155 Mbps)$5,000 OC12 (up to 622 Mbps)$7,000 Ethernet (up to 1000 Mbps)$7,800 OC48 (up to 2500 Mbps)$8,100 10 Gigabit Ethernet (up to 10000 Mbps) and up $9,600 *Charges waived for Sites with AT&T BVoIP Service. **Not available with MPLS PNT. Table 8: Local Access NPA/NXX Location Access Bandwidth Local Access Non-Recurring Charge Local Access Net Monthly Recurring Charge 678297 12670 Arnold Mill Rd, Milton, GA, US, 30004 MIS Ethernet Access 50 Mbps $0.00 $524.00 678297 750 Hickory Flat Rd, Milton, GA, US, 30004 MIS Ethernet Access 50 Mbps $0.00 $524.00 Contract Id: 7320824 AT&T MA Reference No. 153709UA AT&T PS Contract ID MIS14054995 AT&T DEDICATED INTERNET PRICING SCHEDULE AT&T and Customer Confidential Information Page 7 ASAP! MIS Standard 2014 Rate Plan 1-AH4TEN0 WR 1-ALZKMNG VJ9163 05232019 RTLR 967203.5 PS ADI 2014 04/04/2018 NPA/NXX Location Access Bandwidth Local Access Non-Recurring Charge Local Access Net Monthly Recurring Charge 678297 750 Hickory Flat Rd, Milton, GA, US, 30004 MIS Ethernet Access 100 Mbps $0.00 $618.00 678297 13000 DEERFIELD PKWY, ALPHARETTA, GA, US, 30004 MIS Ethernet Access 100 Mbps $0.00 $618.00 678297 13000 DEERFIELD PKWY, ALPHARETTA, GA, US, 30004 MIS Ethernet Access 50 Mbps $0.00 $524.00 678297 2565 Old Milton Pkwy, Alpharetta, GA, US, 30009 MIS Ethernet Access 50 Mbps $0.00 $524.00 678297 2006 Heritage Walk, ALPHARETTA, GA, US, 30004 MIS Ethernet Access 50 Mbps $0.00 $524.00 678297 15240 Thompson Rd, Milton, GA, US, 30004 MIS Ethernet Access 50 Mbps $0.00 $524.00 678297 2970 Webb Bridge Rd, Alpharetta, GA, US, 30009 MIS Ethernet Access 50 Mbps $0.00 $524.00 Section II: AT&T Business in a BoxSM Table 1: Service Component Replacement – Next Business Day Shipped (5x8) Monthly Charges Discount: 100.00% Service Component / Device Undiscounted MRC* Base Unit NextGen $50 Base Unit 12 Port $50 Base Unit 24 Port $70 Base Unit High Bandwidth $70 8 Port Analog Module Add-On $35 24 Port Analog Module Add-On $70 * Pricing also applies to Service locations in Alaska. Table 2: On-Site Maintenance (24X7X4) Monthly Charges Discount: 100.00% Option Undiscounted MRC* Base Unit NextGen $75 Base Unit 12 Port $75 Contract Id: 7320824 AT&T MA Reference No. 153709UA AT&T PS Contract ID MIS14054995 AT&T DEDICATED INTERNET PRICING SCHEDULE AT&T and Customer Confidential Information Page 8 ASAP! MIS Standard 2014 Rate Plan 1-AH4TEN0 WR 1-ALZKMNG VJ9163 05232019 RTLR 967203.5 PS ADI 2014 04/04/2018 Base Unit 24 Port $95 Base Unit High Bandwidth $95 8 Port Analog Module Add-On $40 24 Port Analog Module Add-On $80 * Pricing also applies to Service locations in Alaska. Table 3: Life-Cycle Management Charges - Service Charges Discount: 100.00% Per Site / Per Occurrence during Standard Business Hours (Monday- Friday, 8:00 am- 5:00 pm, local time) Undiscounted Charge * Move, Addition, Change to Service $260 Delete Service $500 * Pricing also applies to Service locations in Alaska. Table 4: Class of Service Option - when ordered with AT&T BVoIP Services only Discount: 100.0% Class of Service Monthly Charges $225* * Pricing also applies to Service locations in Alaska. Table 5: IP Version Change Discount: 100.00% IP Version Change – Per Site, Per Occurrence $500* * Pricing also applies to Service locations in Alaska. Section III: Additional Service Fees Moving Fee (during hours)$1,000 per location* Additional Moving Fee (outside standard operating hours – 8:00 a.m. to 5:00 p.m. Monday through Friday)Additional $500 per location* *Subject to availability, pricing also applies to Service locations in Alaska. This is the last page of the Pricing Document. Contract Id: 7320824 MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 29, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of a Resident Catering License to Olde Blind Dog Irish Pub, 12650 Crabapple Road, Suite 100, Milton, Ga. 30004. MEETING DATE: Monday, June 3, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: () APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga .us 0900 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on May 28, 3019 for the June 3, 2019 Regular Council Meeting Agenda Item: Consideration of the Issuance of a Resident Catering License to Olde Blind Dog Irish Pub, 12650 Crabapple Road, Suite 100, Milton, Ga. 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of a Resident Catering License for Olde Blind Dog Irish Pub for the provision of alcohol at events, functions or special event facilities outside of the business’s current fixed location within Milton. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of a Resident Catering License to businesses that properly submit application for and meet all the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Olde Blind Dog Irish Pub Contact Name: Kate Wallace Business Address: 12650 Crabapple Road, Suite 100, Milton, Georgia 30004 Type of License: Resident Catering Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager MILTON ~ TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: May 29, 2019 Steven Krokoff, City Manager0 Consideration of an Ordinance of the City of Milton, Georgia to Amend Sections 4-239 and 4-380 related to Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia. Monday, June 3, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary} See attached memorandum APPROVAL BY CITY MANAGER: (/APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (✓YES (} NO CITY ATTORNEY REVIEW REQUIRED: (vYES (} NO APPROVAL BY CITY ATTORNEY: (flPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678 .242.2500 IF: 678 .242 .2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0800 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on May 6, 2019 for the May 20, 2019 and June 3, 2019 Regular City Council Meetings Agenda Item: Consideration of An Ordinance of the City of Milton, Georgia to Amend Sections 4-239 and 4-380 related to Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Clerical updates to get aligned with the recently passed “Brunch Bill”. While we changed all the standard consumption on premises licenses, a couple of our unique licenses were not updated: BYOB and Farm Wineries. They can now begin serving at 11am on Sunday. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Approved – Sam VanVolkenburgh, Jarrard & Davis, May 2, 2019 Attachment(s): Updated Chapter 4 Article V. – Sales for Consumption on Premises Sec. 4-239. – Limited consumption on premises licenses. (d) Bring Your Own Beverage (BYOB) License (1) A Bring Your Own Beverage License is required for establishment that: (a) Notwithstanding any other contrary provision of this chapter, any restaurant which is licensed to sell wine and beer for consumption on the premises may permit a patron to bring into the restaurant unopened wine and beer for consumption on the premises if the patron purchases a mea l and consumes a portion of the bottle of wine or beer during the meal on the restaurant's premises. Should the patron wish to take the unfinished portion of the bottle of wine from the premises, such bottle of wine shall be resealed by the licensee or other permitted employee prior to removal from the premises and transported in accordance with O.C.G.A. § 40-6-253; (b) The restaurant must establish a policy for permitting this practice and may in its own discretion charge a corkage fee. Nothing in this sec tion shall be deemed to require a restaurant to establish such a policy. (b) Permitted Monday thought Saturday, from 9:00 a.m. until 9:00 p.m. and Sunday from 12:30 p.m. 11:00 a.m. until 9:00 p.m. (2) An establishment must obtain a Bring Your Own Beverage License. Article VI. – Sales by Farm Wineries Sec. 4 – 280 – Licenses. (d) Hours and days of sale. Farm wineries shall be permitted to operate only during the following hours and days of the week, as indicated: (1) Monday through Sunday, from 9:00 a.m. until 12:00 midnight (2) Sunday from 12:30 p.m. 11:00 a.m. until 12:00 midnight (3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES OF THE CODE OF THE CITY OF MILTON, GEORGIA (COMPREHENSIVE AMENDMENTS) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 3, 2019 at 6:00 p.m. as follows: SECTION 1 That the condition of Chapter 4 has revisions in Sec. 4-239. - Limited consumption on premises licenses, and Sec. 4-380. – Licenses.; and SECTION 2 That the Chapter shall be revised in compliance with the State of Georgia; and SECTION 3 That all ordinances or part of ordinances that conflict with the terms of this ordinance are hereby repealed; and SECTION 4 This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature approval of the Mayor. ORDAINED this 3rd of June, 2019. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________ Sudie Gordon, City Clerk (Seal)