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HomeMy WebLinkAboutAgenda Packet - CC - 01/22/20202006 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 Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Wednesday, January 22, 2020 Regular Council Meeting Agenda 6:00 PM INVOCATION 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. 20-014) 5) PUBLIC COMMENT (General) 6) CONSENT AGENDA 1.Approval of a Reciprocal Facility Use Agreement between the City of Milton and The Porter Academy for the Shared Usage of Cox Road. (Agenda Item No. 20-015) (Jim Cregge, Parks and Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 22, 2020 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 2. Approval of a Temporary Janitorial Services Agreement between the City of Milton and American Facility Services, Inc. (Agenda Item No. 20-016) (Robert Drewry, Public Works Director) 3. Approval of a Master Subscription Agreement between the City of Milton and Granicus, LLC. (Agenda Item No. 20-017) (Steve Krokoff, City Manager) 7) REPORTS AND PRESENTATIONS (None) 8) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. (Agenda Item No. 20-018) (Jim Cregge, Parks and Recreation Director) 2. Consideration of an Ordinance to Revise and Update Fees Related to Door-to-Door Salesmen. (Agenda Item No. 20-019) (Rich Austin, Police Chief) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 22, 2020 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 12) NEW BUSINESS 1. Consideration of a Resolution Appointing a Member to the City of Milton Planning Commission by Appointing a Board Member for District 3/Post 1. (Agenda Item No. 20-020) (Mayor Joe Lockwood) 2. Consideration of a Resolution Authorizing the Retirement and Sale of Police Canine, “Kyro”. (Agenda Item No. 20-021) (Rich Austin, Police Chief) 3. Approval of a Task Order to Provide Concept Revision for Milton Greenway Connector PI 0015078. (Agenda Item No. 20-022) (Sara Leaders, Transportation Engineer) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Finance 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 20-023) TO: FROM: MILTON'* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 14, 2020 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Reciprocal Facility Use Agreement between the City of Milton and The Porter Academy for the Shared Usage of Cox Road. MEETING DATE: Wednesday, January 22, 2020 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: (,KYES () NO CITY ATTORNEY REVIEW REQUIRED: (,)-YES () NO APPROVAL BY CITY ATTORNEY: (,I PPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0111ZlL02t) 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us MILTON At ESTABLISHED M To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on January 13, 2020 for the January 22, 2020 Regular Council Meeting Agenda Item: Approval of a Reciprocal Facility Use Agreement between the City of Milton and the Porter Academy for the Shared Usage of Cox Road. Department Recommendation: Staff is recommending the Approval of a Reciprocal Facility Use Agreement between The City of Milton and the Porter Academy. Executive Summary: The Porter Academy is located at 200 Cox Road, Roswell, GA 30075 and it is located next to our newly acquired sports complex at 170 Cox Road, Milton, GA 30075. In the rear parking lot of the Porter Academy, there is a gate that provides access between the two properties. For the last 20 years, through three different owners, the Porter Academy has had a reciprocal agreement sharing access to both properties. For the Porter Academy, they gain access to the fields at the sports complex for recreation and gym classes during the day when their school is in session. For the sports complex owners, they gain access to additional parking in the evening and also have easier ingress and egress to Cox Road, due to the proximity of the driveway to the intersection of Cox Road and Arnold Mill Road. This agreement would allow this mutually beneficial relationship to continue now that the City owns the sports complex. Funding and Fiscal Impact: There is no fiscal impact as there is no exchange of money in this agreement. Alternatives: If this contract is not approved, we will reduce our available parking and make the access more challenging for our citizens. Legal Review: Sam VanVolkenburgh - Jarrard & Davis, November 12, 2019 Concurrent Review: Steven Krokoff, City Manager Affachment(s): 1) Reciprocal Facility Use Agreement between The City of Milton and the Porter Academy 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us V [ MUSH t)L%1� RECIPROCAL FACILITY USE AGREEMENT City of Milton Cox Road Park and Porter Academy Campus This Reciprocal Facilities Use Agreement ("Agreement") is made and entered into this day of 20 (the "Effective Date"), by and between the City of Milton, Georgia, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (herein after referred to as the "City"), and Porter Academy, Inc., a Georgia corporation (herein after referred to as the "School"). Section 1. Mutual Rieht of Access to Property. The parties to this Agreement own adjoining facilities on Cox Road, and each party desires to have access to the other's facility from time to time. The purpose of this Agreement is to establish the terms and conditions governing a mutual right of access. This Agreement does not convey any property interest. The basic parameters for permissible use are shown below: A. City Property: i. Location: 170 Cox Road. Milton, Georgia. Also known as Fulton County Tax Parcel 22 357010920690. ii. Areas Open for Use: All sport fields and restrooms. By default, School shall use only the artificial turf half field and not the grass fields. Grass fields may be used with advance permission of the Director of the Milton Public Works Department. iii. Times Ogen for Use: During school hours. iv. Other Restrictions on Use: City activity (including maintenance and recreation) will take precedence over inconsistent School uses of the City property. The primary intended School use is physical education classes. Other outdoor uses (e.g. picnics or science classes) will be allowed with advance permission of the Director of the Milton Public Works Department. B. School Property: i. Location: 200 Cox Road, Roswell, Georgia. Also known as Fulton County Tax Parcel 22 357010920724. ii. Areas Open for Use: Parking lot, driveway and playground. School buildings are off limits. iii. Times Open for Use: Weekends and week nights after 5:00 p.m. At other times with the advance permission of the Head of School or Business/Operations Manager. iv. Other Restrictions on Use: The primary intended use is overflow parking and as a traffic entrance/exit. Users of the City facility may also access the playground. Section 2. Gate Access. Direct access between the City property and the School Property is controlled by a gate located on the City Property. The City hereby grants the School the right to lock and unlock and open and close the gate consistent with the rights and obligations set forth in this Agreement. The parties agree that, except as needed to allow mutual access between the properties, the gate shall remain shut and locked. The City is responsible for the gate and the lock. Section 3. General Requirements for Use of Property. Each party (the "Using Patty") using the property of the other (the "Used Property") shall comply with: (i) all applicable laws, regulations, ordinances and other governmental requirements; (ii) all applicable policies and rules of the party that owns the Used Property, if such polices are provided to the Using Party in advance; and (iii) all reasonable instructions of the parry that owns the Used Property relating to the Used Property. The Using Patty shall leave the Used Property in substantially its original condition before use. The Using Patty shall refrain from creating any nuisance on the Used Property and from interfering with the normal operation and activities of other party. Section 4. Contract Term: Termination_. The term of this Agreement shall commence as of the Effective Date and shall terminate on December 31, 2024. Either party may temporarily suspend access to its property for up to two weeks (e.g. to address maintenance, emergency safety issues, etc.), provided that informal notice to the other party is given as far in advance as practical. In addition, either party may terminate this Agreement for any reason, with one month's formal prior notice to the other parry. Section 5. Indemnity, To the extent permitted by law, the Using Parry shall indemnify the other party and the other party's officers, agents and employees (collectively the "Indemnified Parties"), from and against any claims, damages, costs, expenses, or liabilities, including attorneys' fees (collectively "Claims") arising out of the Using Parry's access to the Used Property, including, without limitation, Claims for loss or damage to any property, or for death or injury to any person or persons; provided that this indemnity obligation will not apply to the extent Claims are caused by or arise from the negligence, recklessness, or intentionally wrongful conduct of any Indemnified Party. For purposes of this section, the Using Party's access to the Used Property includes access provided to invitees of the Using Party (e.g. students and teachers in the case of the School and sports participants and their families in the case of the City). Section 6. Insurance. Each parry shall have and maintain in full force and effect for the duration of this Agreement reasonable policies of automobile and commercial general liability insurance, each in an aggregate amount of at least $1 million. Section 7. Other Provisions. A. No Transfer or Assignment; No Third -Party Rights. This Agreement is personal to the parties. Any attempt to transfer or assign this Agreement shall terminate it. This Agreement shall be exclusively for the benefit of the parties and shall not.provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. C. Entire Agreement; Venue. This Agreement supersedes any prior understandings and agreements between the parties with respect to the subject matter of this Agreement. Amendments to this Agreement shall be in writing and signed by the parties. Any disputes arising out of this agreement shall be heard in the courts of Fulton County, Georgia. D. Authority to Contract. The individual executing this Agreement on behalf of each party covenants and declares that he/she has obtained all necessary approvals of the city council, board of directors, or similar authorities to simultaneously execute and bind the parry to the terms of this Agreement. E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of federal law, School agrees that, during performance of this Agreement, the School, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, School agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. F. Notices. Informal notices and day-to-day communication between the parties may be made by phone or email between representatives of the parties. All formal notices required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day atter the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the party at the address first given aboveor at a substitute address previously furnished to the other party by written notice in accordance herewith. The parties' addresses for formal notice purposes are City. School: City of Milton Porter Academy 2006 Heritage Walk 200 Cox Road Milton, Georgia 30004 Roswell, Georgia 30075 Attn: City Manager Attn: Head of School [SIGNATURES ON FOLLOWING PAGE] IN WITNESS' WHEREOF, City and School have executed this Agreement, effective as of the Effective Date first above written. SCHOOL: Porter Academy, Inc. Signature: Print Name: I inn S o z ✓l e �k Title: � e -j eE SL�too [CORPORATE SEAL] (required if corporation) Attest/Witness- Signature: PrintName: Ies/,o C M M=Clare, Title: �Cr&4 1 J &-t m,recterS (Assistant) Clorporate Secretary CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney MILTON'lt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 14, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Temporary Janitorial Services Agreement between the City of Milton and American Facility Services, Inc. MEETING DATE: Wednesday, January 22, 2020 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: (,VYES () NO CITY ATTORNEY REVIEW REQUIRED: (./'YES () NO APPROVAL BY CITY ATTORNEY. ()-APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ('1)Z4 /t-°c.o 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 infoOcityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Robert W. Drewry, Director of Public Works Date: Submitted on January 9, 2020 for the January 22, 2020 Regular City Council Meeting Agenda Item: Approval of a Temporary Janitorial Services Agreement between the City of Milton and American Facility Services, Inc. _____________________________________________________________________________________ Departmental Recommendation: Approval Project Description: The City hires a cleaning service for several facilities including City Hall, Broadwell Pavilion, Bethwell Community Center, and the Thomas S. Byrd Sr House. The current provider has had performance issues and has requested additional funds, therefore is being released. Proposals are being solicited to replace the current vendor. In the interim, a temporary janitorial service will be utilized in the short term for three (3) months. Services include additional fees for carpet cleaning and day porter rates as needed. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 100-1565-522100000 $2,900/month 100-1565-522100001 $700/month 100-1565-522100002 $1,070/month 100-1565-522100003 $1,830/month Requisition Total: $6,500 per month for three months Vendor DBA: American Facility Services, Inc. Financial Review: Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 01/07/2020 Attachment(s): Services Agreement 1 TEMPORARY JANITORIAL SERVICES AGREEMENT – SHORT FORM This Professional Services Agreement (“Agreement”) is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the “City”), and AMERICAN FACILITY SERIVCES, INC., a Georgia corporation, having its principal place of business at 1325 Union Hill Industrial Court, Ste A, Alpharetta, Georgia 30004 (herein after referred to as the “Contractor”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, City desires to retain Contractor to provide temporary janitorial services; and WHEREAS, Contractor desires to perform the Work under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Agreement, the Project(s) and the Work, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – Scope of Work Exhibit “B” – Insurance Certificate Exhibit “C” – Contractor Affidavit Exhibit “D” – Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: provision of janitorial services, including equipment and chemicals required to perform the Work, at City facilities. Specific tasks and locations are specified in Exhibit “A”. (the “Project”). The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit “A”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “A”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other misce llaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement (“Term”) shall commence upon the Effective Date, and Work shall begin on January 21, 2020 unless a different start date is agreed upon by representatives of each party. The Work shall be completed, and the Agreement shall terminate, three (3) months from the start date of the Work (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to City for Consultant’s 2 breach of this Agreement, City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $20,250.00 (the “Maximum Contract Price”), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat monthly fee of $6,500.00 per month (to be prorated by day for partial months worked) plus hourly charges specified in Exhibit “A” for additional cleanings which may be authorized in writing (email is sufficient) by City staff. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s profession and industry, Contractor will give written notice immediately to City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreeme nt. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon City’s receipt and approval of invoices, setting forth in detail the services perfor med and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Section 6. Covenants of Contractor. A.Licenses, Certification and Permits. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B.Expertise of Consultant; City’s Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor’s Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards. C.Consultant’s Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D.Consultant’s Representative. ___________ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Contractor shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E.Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F.Responsibility of Consultant and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers Oscar Pavon 3 (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G.Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Contractor agrees to be solely responsible for its own matters relating to t he time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Contractor agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. H.Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrell a policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor’s Work and that the City and its officials, employees or agents are named as additional insureds. I.Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1)Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2)Contractor provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as 4 Exhibit “D”, which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee-number category designated below is applicable to Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J.Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Contractor and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other p articular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Contractor or higher tier sub-contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. K.Confidentiality. Contractor acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L.Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. M.Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Contractor (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. N.Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. O.Contractors Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Contractor to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for X 5 proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Contractor shall avoid any appearance of impropriety and shall follow all ethics and conflict - of-interest policies and procedures of the City; (b) the Contractor shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Contractor, the Contractor’s employees, or the Contractor’s agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Contractor agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 7. Miscellaneous. A.Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B.Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). C.Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D.Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E.Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. F.Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declar ed invalid. Ratification of this Agreement by a majority 6 of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONTR Signature Print Name: Kevin McCann, President Title: PresidentNice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: j� lit Print Name: Harold Angel Title: Corporate Secretary (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] 7 ' •,ttl�lrti(���jr =, 4, r v to All EXHIBIT “A” PROPOSAL Proposed To: City of Milton Contact: Dennis Miller Phone: (678) 414-7549 Email: dennis.miller@cityofmilton.ga.us Date: December 18, 2019 Quote is for janitorial services as follows: Proposal is for (4) properties for a minimum of 3 months: • City Hall - $2,900/mo. — Monday thru Friday • Broadwell Pavillion - $1,070.00/mo. — Monday thru Friday and $150.00 for each additional cleaning • Bethwell Community Center - $700.00/mo. — Mondays by noon and $100.00 for each additional cleaning • Thomas S. Byrd Sr. House - $1,830.00/mo. — Monday thru Friday • Carpet cleaning will be $.12 per sq/ft. — minimum of 5000 sq.ft by using hot water extraction method • Day porter hourly rate will be $14/hr. — minimum 4 hours per day Note: Price is only for janitorial services per customer cleaning specifications, see attached • AFS will provide all equipment and chemicals • Customer will provide all consumables Total monthly amount will he $6,500.00 Acceptance of Proposal: Date: City of Milton Authorized Signature Printed Name of Signer Date: American Facility Services, Inc. Authorized Signature 1325 Union Hill Industrial Ct., Suite A Alpharetta, GA 30004 770-740-1613 The city hall is a 30,400 sf facility and a 1,600 sf Community Building will be cleaned in accordance with the following schedule and the requirements outlined in this RFP. Cleaning shall include the Community Building located adjacent to the main facility. Contractor shall empty all trash into the internal city provided trash cans and moved to the curb twice per week. Area Requirements (INCLUDES COMMUNITY Weekly Monthly BUILDING) Move all trash cans to the curb I 2x Detail entry glass doors 5x Empty trash/replace liners 5x Dust/clean lobby furniture 5x Maintain debris -free entries 5x Empty ashtrays, Urns 5x Vacuum carpeted areas/mats 5x Mop all tile/VCT floors with appropriate method for the surface 5x Sweep and mop stairs (if applicable) 1x Dust or dampwipe hand rails and signs (if applicable 5x Wipe down doorknobs and signs 5x Spot clean walls/doors 5x Detail vacuum corners/edges 5x Clean walls, doors, frames, switches, baseboards, high and low dust 1x Move all furnishings in the council chambers and vacuum all carpeted areas 1x Empty trash/replace Finers 5x Clean/disinfect counters 5x Clean/disinfect all fixtures 5x Clean/shine mirrors 5x Clean/fill all dispensers 5x Sweep and mop floors 5x Dust all horizontal surfaces 5x Spot clean walls and partitions 5x Clean/disinfect changing table 5x Spot clean walls, doors, frames, switches 5x Dust vent covers and light fixtures 1x Clean baseboards, high and low dust 1x Pour water down floor drains 1x L3FL;IC� AREAS Empty trash/replace liners 5x Dust furniture without moving files/paperwork 5x Dust partition tops, wall hangings, ledges, & other horizontal surfaces within reach 1x Vacuum carpet traffic areas and spot clean as needed 5x Sweep floors and mop with appropriate method for the surface 5x Properly arrange office furniture 5x Spot clean all glass 5x Remove all fingerprints and smudges from doors and light switches 5x Secure doors and turn off Lights 5x Dust vent covers and blinds 1x Detail vacuum corners/edges 1x Clean baseboards, high and low dust 1x Emptytrash/replace Finers 5x Clean/disinfect counters and sinks 5x Empty and clean coffee maker 5x Sweep and mop floors 5x Clean tables and chairs 5x Wipe exterior of cabinets, appliances, and inside of microwave 5x Dust horizontal surfaces 5x Clean and refill dispensers 5x Dust vent covers and blinds 1x Walls, doors, frames, switches, baseboards, and low dust 1x ``high Y } Clean elevator doors and walls (interior and exterior) 5x Vacuum, spot clean carpet or floor 5x Maintain tracks debris free 5x i Organize and maintain 5x The Broadwell Pavilion is an open air pavilion with two restroom facilities. The facilities will be checked and cleaned on a daily basis. All trash will be removed and Legally disposed of by the contractor. I Area Requirements I Weekly I Monthly Empty trash/replace liners 5x Clean/disinfect counters 5x Clean/disinfect all fixtures 5x Clean/shine mirrors 5x Clean/fill all dispensers 5x Sweep and mop floors 5x Dust all horizontal surfaces 5x Spot clean walls and partitions 5x Clean/disinfect changing table 5x Spot clean walls, doors, frames, switches 5x Dust vent covers and light fixtures 1x Clean baseboards, high and low dust 1x Pour water down floor drains 1x The Bethwell Community Center is a 1,100 sf facility that runs periodic programs and will be priced two ways. The first as vacant cleaning services and the second as an occupied space. Option 2 will be priced as an add alternate to be executed by the city at any time during the term of the contract if the space becomes occupied by a vendor. All trash will be removed and legally disposed of by the contractor. Option 1. Vacant Cleaning Services Under this option the facility will be checked a minimum of once per week and immediately prior to and immediately after facility rentals. All of the services required as an occupied space will be checked and completed once per week. Option 2. Occupied Space Area Requirements I Weekly I Monthly Detail entry doors 3x Empty trash/replace liners 3x Sweep front porch remove cobwebs 1x Maintain debris -free entries 3x Dustmop floors with appropriate method for the surface 3x Dust or dampwipe hand rails and signs (if applicable 3x Wipe down doorknobs and signs 3x Spot clean walls/doors 3x Clean walls, doors, frames, switches, baseboards, high and low dust 1x Clean disinfect counters and sinks 3x Empty trash/replace liners 3x Clean/disinfect counters 3x Glean/disinfect all fixtures 3x Clean/shine mirrors 3x Clean/fill all dispensers 3x Sweep and mop floors 3x Dust all horizontal surfaces 3x Spot clean walls and partitions 3x Spot clean walls, doors, frames, switches 3x Dust vent covers and light fixtures 1x Clean baseboards. hieh and low dust 1x Organize and maintain 1- 3x The Thomas S. Byrd House is a 2,500 sf facility operated by North Fulton Senior Services. The facility will be check and cleaned on a daily basis. All trash will be removed and legally disposed of by the contractor. Area Requirements I Weekly I Monthly l Annually Detail all entry glass doors 5x Empty trash/replace liners 5x Dust/clean lobby furniture 1x Maintain debris -free entries 5x Dustmop hardwood floors with appropriate method for the surface 1x Dust or dampwipe hand rails and signs (if applicable 5x Wipe down doorknobs and signs 5x Spot clean walls/doors 5x Detail vacuum corners/edges 1x Clean walls, doors, frames, switches, baseboards, high and low dust 1x Empty trash/replace liners 5x Clean/disinfect counters 5x Clean/disinfect all fixtures 5x Clean/shine mirrors 5x Clean/fill all dispensers 5x Sweep and mop floors 5x Dust all horizontal surfaces 5x Spot clean walls and partitions 5x Clean/disinfect changing table 5x Spot clean walls, doors, frames, switches 5x Dust vent covers and light fixtures 1x Clean baseboards, hijzh and low dust 1x Empty trash/replace liners 5x Dust furniture without moving 5x files/paperwork Vacuum Carpet 1x Empty trash/replace liners I 5x l Clean/disinfect counters and sinks 5x Sweep and mop floors 5x Clean tables and chairs 5x Wipe exterior of cabinets, appliances, and inside of microwave 5x Dust horizontal surfaces 5x Clean and refill dispensers 5x Dust vent covers and blinds 1x Walls, doors, frames, switches, baseboards, high and low dust 1x Organize and maintain I 5x I I I EXHIBIT “B” THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. $ CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE OTHER: LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED NON-OWNED AUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ $ INSD ADDL WVD SUBR N / A $ (Ea accident) (Per accident) The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE $ $ $ $ $ ETST3LUK 05/19/2020 City of Milton 2006 Heritage Walk Milton, GA 30004 1,000,000 1,000,000 404 497-7500 The Travelers Indemnity Company of America C The Charter Oak Fire Insurance Company 1,000,000 5,000,000 25623 05/19/202005/19/2019 05/19/202005/19/2019 1,000,000 100,000 3,000,000 25666 B The Phoenix Insurance Company 630 5J480676-PHX-19 CUP 5J493475-19 A C 3,000,000 5,000,000 Y MCGRIFF, SEIBELS & WILLIAMS, INC. 3400 Overton Park Drive SE Suite 300 Atlanta, GA 30339 American Facility Services, Inc. 1325 Union Hill Ind Court Suite A Alpharetta, GA 30004 01/08/2020 05/19/2019 UB 5K374118-19 05/19/2019 1,000,000 05/19/2020 1,000 Temporary Janitorial Services 1,000,000 810 2N488256-19 25615 XX X X X X X X X X X X X Page 1 of 2 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD ©2008 ACORD CORPORATION.All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE AGENCY CUSTOMER ID: LOC #: PRODUCER CARRIER NAIC CODE POLICY NUMBER INSURED ISSUE DATE: CERTIFICATE NUMBER:ETST3LUK American Facility Services, Inc.MCGRIFF, SEIBELS & WILLIAMS, INC. Employment Practices Liability & CRIME- Policy Number 8237-5917 Carrier: Federal Insurance Company Effective Dates: 05/19/2019-05/19/2020 Maximum Aggregate Limit of Liability: $500,000 Limits of Liability: Employment Practices Liability Coverage: $500,000 Third Party Liability Coverage: $500,000 Retentions: Employment Practices Liability Coverage: $15,000 Third Party Liability Coverage: $15,000 Pending or Prior Proceedings Dates: 1/7/2010 CRIME: Limits of Liability: Employee Theft Coverage: $250,000 Premises Coverage:$250,000 In Transit Coverage: $250,000 Forgery Coverage: $250,000 Computer Fraud Coverage: $250,000 Funds Transfer Fraud Coverage: $250,000 Money Order and Counterfeit Currency Fraud Coverage: $250,000 Credit Card Fraud Coverage: $250,000 Client Coverage: $250,000 Expense Coverage: $25,000 Retentions: $5,000 on all except Expense Coverage- NONE 01/08/2020 Page 2 of 2 VXHIRIT "f" STATE OF GEORGIA COUNTY OF FORSYTH CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by 0.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 114358 Federal Work Authorization User Identification Number 4/16/08 Date of Authorization American Facility Services, Inc. Name of Contractor Temporary Janitorial Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Jan. 9th , 20 20 in Alpharetta (city), GA (state). Slinatiure of Authorized Officer or Agent Harold Angel, Vice President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 9th DAY OF JANUARY , 20 20 . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ANDREA LORRAINE NUULN NOTARY PUBLIC j> Fulton County State of Georgia `� 7 7 My Comm. Fires 10-2-2023 10/2/23 EXHIBIT “D” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with American Facility Services, Inc. on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period , and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Temporary Janitorial Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ in _________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ N/A MILTON �*t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 14, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Master Subscription Agreement between the City of Milton and Granicus, LLC. MEETING DATE: Wednesday, January 22, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,KAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: („}TES () NO CITY ATTORNEY REVIEW REQUIRED: (/YES () NO APPROVAL BY CITY ATTORNEY: (,v`APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 01/41OZ6 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Steven Krokoff, City Manager Date: Submitted on January 14th, 2020 for Consent Agenda on the January 22nd , 2020 Regular City Council Meeting. Agenda Item: Approval of a Master Subscription Agreement between the City of Milton, Georgia and Granicus, Inc. _____________________________________________________________________________________ Department Recommendation: Approval a contract renewal with Granicus which allows for video streaming, recording, and archiving of city meetings Executive Summary: Staff began utilizing Granicus in Spring of 2009. The main purpose of Granicus is to provide historical documentation of public meetings and live streaming during council meetings, BZA, Planning Commission, DRB, Court and other pertinent meetings. Granicus allows citizens/staff to view archived meetings which allows for a continuum of transparency of the city’s business. Funding and Fiscal Impact: Funding for Granicus is already included in the current budget. This contract will lock in pricing for the service with a 5% annual increase over three years. Alternatives: The Granicus hardware is an integral component of the council chamber’s AV system. All hardware is city-owned and is still within its active lifecycle. Alternatives may be considered at the end of this service agreement. Legal Review: Sam VanVolkenburgh, Jarrard & Davis (12/17/2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1—20 Master Subscription Agreement_DEC2019_signed.pdf 1 Master Subscription Agreement This Master Subscription Agreement (“Agreement) is entered into and effective ______________, 2019 (“Effective Date”) by and between the City of Milton, Georgia, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (“Customer”) and Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (“Granicus”). Customer and Granicus may each be referred to herein as “Party” or collectively as “Parties”. 1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms shall have the meaning specified: “Agreement Term” means the total time covered by the Initial Term and all Extension Terms for each Order or SOW under this Agreement, as further specified in Section 7.1. “Extension Term” means any term that extends beyond the Initial Term of an Order or SOW. “Granicus Products and Services” means the products and services made available to Customer pursuant to this Agreement, which may include Granicus products and services accessible for use by Customer on a subscription basis (“Software-as-a-Service” or “SaaS”), Granicus professional services, content from any professional services or other required equipment components or other required hardware, as specified in each Order or SOW. “Initial Term” shall have the meaning specified in the Order or SOW between Granicus and Customer for the fixed initial duration of performance that Customer has access to Granicus Products and Services. “Order” means a written order, proposal, or purchase document in which Granicus agrees to provide and Customer agrees to purchase specific Granicus Products and Services. “Order Term” means the duration of performance for which Granicus has committed to provide, and Customer has committed to pay for, Granicus Products and Services under a given Order or SOW, including the Initial Term and any Extension Terms. “Statement of Work” or “SOW” means a written order, proposal, or purchase document that is signed by both Parties and describes the Granicus Products and Services to be provided and/or performed by Granicus. Each Order or SOW shall describe the Parties’ performance obligations and any assumptions or contingencies associated with the implementations of the Granicus Products and Services, as specified in each Order or SOW placed hereunder. “Support” means the ongoing support and maintenance services performed by Granicus related to the Granicus Products and Services as specified in each Order or SOW placed between the Parties. 2.Ordering and Scope 2.1. Ordering Granicus Products and Services. The Parties may execute one or more Orders or SOWs related to the sale and purchase of Granicus Products and Services. Each Order or SOW will generally include an itemized list of the Granicus Products and Services as well as the Initial Term for such Granicus Products and Services. Each Order or SOW must, generally, be signed by the Parties; although, when a validly-issued purchase order by Customer accompanies the Order or SOW, then the Order or SOW need not be executed by the Parties. Each Order or SOW shall be governed by this Agreement regardless of any pre-printed legal terms on each Order or SOW. 2.2. Support. Basic support related to standard Granicus Products and Services is included within the fees paid during the Order Term. Granicus may update its Support obligations under this Agreement, so long as the functionality purchased by Customer is not materially diminished. 2.3. Future Functionality. Customer acknowledges that any purchase hereunder is not contingent on the delivery of any future functionality or features. December 13 2 2.4. Cooperative Purchasing. To the extent permitted by law and approved by Customer, the terms of this Agreement and set forth in one or more Order or SOW may be extended for use by other municipalities, school districts and governmental agencies upon execution of an addendum or other duly signed writing setting forth all of the terms and conditions for such use. The applicable fees for additional municipalities, school districts or governmental agencies will be provided by Granicus to Customer and the applicable additional party upon written request. 3. Use of Granicus Products and Services and Proprietary Rights 3.1. Granicus Products and Services. The Granicus Products and Services purchased or subscribed to by Customer are specified in each Order or SOW attached as Exhibit A hereto. Additional Granicus Products and Services may be added via Order or SOW. 3.2. Permitted Use. Subject to the terms and conditions of this Agreement, Granicus hereby grants during each Order Term, and Customer hereby accepts, solely for its internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use the Granicus Products and Services to the extent allowed in the relevant Order or SOW (collectively the “Permitted Use”). The Permitted Use shall also include the right, subject to the conditions and restrictions set forth herein, to use the Granicus Products and Services up to the levels limited in the applicable Order or SOW. 3.2.1. Data Sources. Data uploaded into Granicus Products and Services must be brought in from Customer sources (interactions with end users and opt-in contact lists). Customer cannot upload purchased contact information into Granicus Products and Services without Granicus’ written permission and professional services support for list cleansing. 3.2.2. Passwords. Passwords are not transferable to any third party. Customer is responsible for keeping all passwords secure and all use of the Granicus Products and Services accessed through Customer’s passwords. 3.2.3. Content. Customer can only use Granicus Products and Services to share content that is created by and owned by Customer and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to Customer, can be removed or limited by Granicus. 3.2.3.1. Disclaimers. Any text, data, graphics, or any other material displayed or published on Customer’s website must be free from violation of or infringement of copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is not responsible for content migrated by Client or any third party. 3.2.4. Advertising. Granicus Products and Services shall not be used to promote products or services available for sale through Customer or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request and review the details of any agreement between Customer and a third party that compensates Customer for the right to have information included in content distributed or made available through Granicus Products and Services prior to approving the presence of advertising within Granicus Products and Services. 3.2.5. Granicus Subscriber Information for Communications Cloud Suite only 3.2.5.1. Data Provided by Customer. Data provided by Customer and contact information gathered through Customer’s own web properties or activities will remain the property of Customer (“Direct Subscriber”), including any and all 3 personally identifiable information (PII). Granicus will not release the data without the express written permission of Customer, unless required by law. 3.2.5.2. Data Obtained through the Granicus Advanced Network 3.2.5.2.1. Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus customer’s digital communication (the “Advanced Network”). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a “Network Subscriber” to the agency it subscribed to through the Advanced Network. 3.2.5.2.2. Access to the Advanced Network is a benefit of the GovDelivery Communications Cloud subscription with Granicus. Network Subscribers are available for use only on the GovDelivery Communications Cloud while Customer is under an active GovDelivery Communications Cloud subscription. Network Subscribers will not transfer to Customer upon termination of any Granicus Order, SOW or Exhibit. Customer shall not use or transfer any of the Network Subscribers after termination of its Order, SOW or Exhibit placed under this Agreement. All information related to Network Subscribers must be destroyed by Customer within 15 calendar days of the Order, SOW or Exhibit placed under this Agreement terminating. 3.2.5.2.3. Opt-In. During the last 10 calendar days of Customer’s Order Term for the terminating Order or SOW placed under this Agreement, Customer may send an opt-in email to Network Subscribers that shall include an explanation of Customer’s relationship with Granicus terminating and that the Network Subscribers may visit Customer’s website to subscribe to further updates from Customer in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to Customer upon termination. 3.3. Restrictions. Customer shall not: 3.3.1. Misuse any Granicus resources or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted; 3.3.2. Use any process, program, or tool for gaining unauthorized access to the systems, networks, or accounts of other parties, including but not limited to, other Granicus customers; 3.3.3. Customer must not use the Granicus Products and Services in a manner in which system or network resources are unreasonably denied to other Granicus clients; 3.3.4. Customer must not use the Services as a door or signpost to another server. 3.3.5. Access or use any portion of Granicus Products and Services, except as expressly allowed by this Agreement or each Order or SOW placed hereunder; 3.3.6. Disassemble, decompile, or otherwise reverse engineer all or any portion of the Granicus Products and Services; 3.3.7. Use the Granicus Products and Services for any unlawful purposes; 3.3.8. Export or allow access to the Granicus Products and Services in violation of U.S. laws or regulations; 3.3.9. Except as expressly permitted in this Agreement, subcontract, disclose, rent, or lease the Granicus Products and Services, or any portion thereof, for third party use; or 4 3.3.10. Modify, adapt, or use the Granicus Products and Services to develop any software application intended for resale which uses the Granicus Products and Services in whole or in part. 3.4. Customer Feedback. Customer assigns to Granicus any suggestion, enhancement, request, recommendation, correction or other feedback provided by Customer relating to the use of the Granicus Products and Services. Granicus may use such submissions as it deems appropriate in its sole discretion. 3.5. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its licensors reserve all right, title and interest in the Granicus Products and Services, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Customer. The Granicus name, the Granicus logo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them. 4. Payment 4.1. Fees. Customer agrees to pay all fees, costs and other amounts as specified in each Order or SOW. Annual fees are due upfront according to the billing frequency specified in each Order or SOW. Granicus reserves the right to suspend any Granicus Products and Services should there be a lapse in payment. A lapse in the term of each Order or SOW will require the payment of a setup fee to reinstate the subscription; provided that no such fee will be required due to gaps between Orders or SOWs. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is Customer’s responsibility to provide applicable exemption certificate(s). 4.2. Disputed Invoiced Amounts. Customer shall provide Granicus with detailed written notice of any amount(s) Customer reasonably disputes within thirty (30) days of the date of invoice for said amount(s) at issue. Granicus will not exercise its rights under 4.1 above if Customer has, in good faith, disputed an invoice and is diligently trying to resolve the dispute. Customer’s failure to provide Granicus with notice of any disputed invoiced amount(s) shall be deemed to be Customer’s acceptance of the content of such invoice. 4.3. Price Increases. Any price increases not negotiated in advance shall be provided by Granicus to Customer at least sixty (60) days prior to the end of the then-current term; provided thatthe Granicus Product and Services fees may increase from the previous term’s fees by no more than ten (10) percent per year. 4.4. Maximum Contract Price. The total amount paid under this Agreement in a particular year shall be the sum of the one-time fees payable in that year, plus all recurring fees payable in that year, all as set forth in the Orders and SOWs associated with this Agreement. 5. Representations, Warranties and Disclaimers 5.1. Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so. 5.2. Warranties. Granicus warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Granicus Products and Services; however, the Granicus Products and Services are provided “AS IS” and as available, with the exception that Customer shall be entitled to a pro-rated refund of any advance fees paid in the event that the Granicus Products and Services fail of their basic purpose and cannot be remedied within a reasonable period of time. 5.3. Disclaimers. EXCEPT AS PROVIDED IN SECTIONS 5.2 ABOVE, EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, 5 EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. GRANICUS DOES NOT WARRANT THAT GRANICUS PRODUCTS AND SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. 6. Confidential Information 6.1. Confidential Information. It is expected that one Party (Disclosing Party) may disclose to the other Party (Receiving Party) certain information which may be considered confidential and/or trade secret information (“Confidential Information”). Confidential Information shall include: (i) Granicus’ Products and Services, (ii) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (iii) non-public information of the Disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication and (iv) any information that should be reasonably understood to be confidential or proprietary to the Receiving Party, given the nature of the information and the context in which disclosed. The terms of this Agreement are not Confidential Information. Each Receiving Party agrees to receive and hold any Confidential Information in strict confidence. Without limiting the scope of the foregoing, each Receiving Party also agrees: (a) to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; (b) not to reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the Disclosing Party; (c) not to use any Confidential Information for any purpose other than as stated above; (d) to restrict access to Confidential Information to those of its advisors, officers, directors, employees, agents, consultants, contractors and lobbyists who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (e) to exercise at least the same standard of care and security to protect the confidentiality of the Confidential Information received by it as it protects its own confidential information. If a Receiving Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the Disclosing Party as promptly as practicable so that the Disclosing Party may seek an appropriate protective order or waiver for that instance. 6.2. Exceptions. Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of the Receiving Party; (ii) was in the Receiving Party’s possession before receipt from the Disclosing Party; (iii) is rightfully received by the Receiving party from a third party without any duty of confidentiality; (iv) is disclosed by the Disclosing Party without any duty of confidentiality on the third party; (v) is independently developed by the Receiving Party without use or reference to the Disclosing Party’s Confidential Information; or (vi) is disclosed with the prior written approval of the Disclosing Party. Notwithstanding any provisions herein to the contrary, it shall not be a breach of this Agreement to disclose Confidential Information in accordance with legal requirements, including without limitation the Georgia Open Records Act and Georgia Open Meetings Act. Granicus acknowledges that Customer’s disclosure of documentation is governed by Georgia’s Open Records Act, and Granicus further acknowledges that if Granicus submits records containing trade secret information, and if Granicus wishes to keep such records confidential, Granicus must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes 6 trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Georgia Code, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. 6.3. Storage and Sending. In the event that Granicus Products and Services will be used to store and/or send Confidential Information, Granicus must be notified in writing, in advance of the storage or sending. Should Customer provide such notice, Customer must ensure that Confidential Information or sensitive information is stored behind a secure interface and that Granicus Products and Services be used only to notify people of updates to the information that can be accessed after authentication against a secure interface managed by Customer. Customer is ultimately accountable for the security and privacy of data held by Granicus on its behalf. 6.4. Return of Confidential Information. To the extent permitted by law, each Receiving Party shall return or destroy the Confidential Information immediately upon written request by the Disclosing Party; provided, however, that each Receiving Party may retain one copy of the Confidential Information in order to comply with applicable laws and the terms of this Agreement. Customer understands and agrees that it may not always be possible to completely remove or delete all personal data from Granicus’ databases without some residual data because of backups and for other reasons. 7. Term and Termination 7.1. Agreement Term. The Agreement Term shall begin on the date of the initial Order or SOW and continue through the latest date of the Order Term of the last Order or SOW effective under this Agreement, unless otherwise terminated as provided in this Section 7. Each Order or SOW will specify an Initial Term for the Granicus Products and Services provided under the respective Order or SOW. Customer’s right to access or use the Granicus Products and Services will cease at the end of the Initial Term identified within each Order or SOW, unless either extended or earlier terminated as provided in this Section 7. Unless a Party has given written notice to the other Party at least thirty (30) days prior to the end of the current (Initial or Renewal) Term of a given Order or SOW, the Granicus Products and Services will automatically renew at the end of each term for an Extension Term of one (1) year. 7.2. Effect of Termination. If the Parties agree to terminate this Agreement and an Order or SOW is still in effect at the time of termination, then the terms and conditions contained in this Agreement shall continue to govern the outstanding Order or SOW until termination or expiration thereof. If the Agreement is terminated for breach, then unless otherwise agreed to in writing, all outstanding Orders or SOWs shall immediately terminate as of the Agreement termination date. Unless otherwise stated in this Agreement, in no event shall Customer be entitled to a refund of any prepaid fees upon termination. 7.3. Termination and Renewal Required by Law. In addition to all other termination provisions in this Agreement, if the Customer’s payment obligations under an Order or SOW continue beyond the calendar year in which the Order or SOW was entered, the Parties agree that each Order or SOW, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of Customer on September 30 each year (the end of Customer’s fiscal year), and further, that the Order or SOW shall automatically renew on October 1 for the remainder of the then-current Initial or Renewal Term (as applicable), absent Customer’s provision of written notice of non-renewal to Granicus by September 1. Title to any supplies, materials, equipment, or other personal property (to the extent any transfers under this Agreement) shall remain in Granicus until fully paid for by Customer. 7.4. Termination for Cause. The non-breaching Party may terminate this Agreement upon written notice if the other Party is in material breach of this Agreement and fails to cure such breach within thirty (30) days after the non-breaching Party provides written notice of the breach. A 7 Party may also terminate this Agreement immediately upon notice if the other Party: (a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership; (b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors or takes advantage or any law for the benefit of debtors; or (c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest. Granicus may, without liability, immediately suspend or terminate any or all Order or SOW issued hereunder if any Fees owed under this Agreement are past due pursuant to Section 4.1. 7.5. Rights and Obligations After Termination. In the event of expiration or termination of this Agreement, Customer shall immediately pay to Granicus all Fees due to Granicus through the date of expiration or termination. 7.6. Survival. All rights granted hereunder shall terminate upon the latter of the termination or expiration date of this Agreement, or each Order or SOW. The provisions of this Agreement with respect to warranties, liability, choice of law and jurisdiction, and confidentiality shall survive termination of this Agreement and continue in full force and effect. 8. Limitation of Liability 8.1. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GRANICUS SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND GRANICUS’ REASONABLE CONTROL, EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES. 8.2. LIMITATION OF LIABILITY. EXCEPT FOR SECTION 9 AND ANY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF A PARTY, IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CUSTOMER FOR THE GRANICUS PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. GRANICUS SHALL NOT BE RESPONSIBLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED. NEITHER PARTY MAY INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER SECTION 4 ABOVE. 9. Indemnification 9.1. Indemnification by Granicus. Granicus will defend Customer from and against all losses, liabilities, damages and expenses arising from any claim or suit by a third party unaffiliated with either Party to this Agreement (“Claims”) and shall pay all losses, damages, liabilities, settlements, judgments, awards, interest, civil penalties, and reasonable expenses (collectively, “Losses,” and including reasonable attorneys’ fees and court costs), to the extent arising out of any Claims by any third party that Granicus Products and Services infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW. In the event of such a Claim, 8 if Granicus determines that an affected Order or SOW is likely, or if the solution is determined in a final, non-appealable judgment by a court of competent jurisdiction, to infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW, Granicus will, in its discretion: (a) replace the affected Granicus Products and Services; (b) modify the affected Granicus Products and Services to render it non-infringing; or (c) terminate this Agreement or the applicable Order or SOW with respect to the affected solution and refund to Customer any prepaid fees for the then-remaining or unexpired portion of the Order or SOW term. Notwithstanding the foregoing, Granicus shall have no obligation to indemnify, defend, or hold Customer harmless from any Claim to the extent it is based upon: (i) a modification to any solution by Customer (or by anyone under Customer’s direction or control or using logins or passwords assigned to Customer); (ii) a modification made by Granicus pursuant to Customer’s required instructions or specifications or in reliance on materials or information provided by Customer; or (iii) Customer’s use (or use by anyone under Customer’s direction or control or using logins or passwords assigned to Customer) of any Granicus Products and Services other than in accordance with this Agreement. This section 9.1 sets forth Customer’s sole and exclusive remedy, and Granicus’ entire liability, for any Claim that the Granicus Products and Services or any other materials provided by Granicus violate or infringe upon the rights of any third party. 9.2. Indemnification by Customer. Nothing contained in this Agreement shall be construed to be a waiver of Customer's sovereign immunity or any individual's qualified, good faith or official immunities. Notwithstanding anything to the contrary elsewhere in the Agreement, the Customer shall have no contractual duty to indemnify for any reason. 9.3. Defense. With regard to any Claim subject to indemnification pursuant to this Section 9: (a) the Party seeking indemnification shall promptly notify the indemnifying Party upon becoming aware of the Claim; (b) the indemnifying Party shall promptly assume sole defense and control of such Claim upon becoming aware thereof; and (c) the indemnified Party shall reasonably cooperate with the indemnifying Party regarding such Claim. Nevertheless, the indemnified Party may reasonably participate in such defense, at its expense, with counsel of its choice, but shall not settle any such Claim without the indemnifying Party’s prior written consent. The indemnifying Party shall not settle or compromise any Claim in any manner that imposes any obligations upon the indemnified Party without the prior written consent of the indemnified Party. 10. General 10.1. Relationship of the Parties. Granicus and Customer acknowledge that they operate independent of each other. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, agency, or employee/employer relationship between the Parties for any purpose, including, but not limited to, taxes or employee benefits. Each Party will be solely responsible for the payment of all taxes and insurance for its employees and business operations. 10.2. Subcontractors. Granicus agrees that it shall be responsible for all acts and omissions of its subcontractors to the same extent Granicus would be responsible if committed directly by Granicus. 10.3. Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed to modify, define, limit, or expand the intent of the Parties. 10.4. Amendments. This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties. Notwithstanding the foregoing, Granicus retains the right to revise the policies referenced herein (if any) at any time, so long as 9 the revisions are reasonable and consistent with industry practices, legal requirements, and the requirements of any third-party suppliers. 10.5. Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 10.6. Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party’s consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement shall be null and void. 10.7. No Third-Party Beneficiaries. Subject to Section 10.6, this Agreement is binding upon, and insures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third-party beneficiaries to this Agreement. 10.8. Notice. Other than routine administrative communications, which may be exchanged by the Parties via email or other means, all notices, consents, and approvals hereunder shall be in writing and shall be deemed to have been given upon: (a) personal delivery; (b) the day of receipt, as shown in the applicable carrier’s systems, if sent via FedEx, UPS, DHL, or other nationally recognized express carrier; (c) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested; or (d) sending by email, with confirmed receipt from the receiving party. Either Party may provide the other with notice of a change in mailing or email address in which case the mailing or email address, as applicable, for that Party will be deemed to have been amended. The mailing and email addresses of the Parties are as follows: Granicus City of Milton, Georgia ATTN: Contracts ATTN: Procurement Manager Address: 408 St. Peter Street Suite 600 Saint Paul, MN 55102 Address: 2006 Heritage Walk Milton, GA 30004 Phone: (651) 757-4154 Phone: 678-242-2507 Email: contracts@granicus.com Email: honor.motes@cityofmiltonga.us 10.9. Force Majeure. Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within twenty (20) days after occurrence of such cause or event. 10 10.10. Choice of Law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the State of Georgia, without reference to the State’s principles of conflicts of law. The Parties expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the jurisdiction where Customer sits. 10.11. Authority to Contract. The individual executing this Agreement on behalf of Granicus covenants and declares that it has obtained all necessary approvals of Granicus’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Granicus to the terms of this Agreement, if applicable. 10.12. Ethics Code; Conflict of Interest. Granicus agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Granicus certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the work. Granicus and Customer acknowledge that it is prohibited for any person to offer, give, or agree to give any Customer employee or official, or for any Customer employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Granicus and Customer further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Granicus or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 10.13. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Granicus agrees that, during performance of this Agreement, Granicus, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Granicus agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 10.14. E-Verify. Pursuant to O.C.G.A. § 13-10-91, Granicus shall: (1)complete the form attached hereto as Exhibit “B”, averring that: (i) it will not perform any services in the United States and is exempt from compliance with United States immigration verification laws with respect to the services performed under this Agreement; or (ii) it has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that will continue to use the federal work authorization program throughout the term of the Agreement; or (2) provide evidence that it is an individual licensed in good standing under Title 26 or Title 43 of the Georgia Code, or by the State Bar of Georgia; or (3) provide a copy of its state-issued drivers’ license accompanied by an affidavit that it currently has no employees and does not intend to hire any employees for purposes of satisfying or completing the terms and conditions of this Agreement. In the event Granicus employs or contracts with any subcontractor(s) in connection with this Agreement, Granicus agrees to secure from such subcontractor(s): (a) attestation of the 11 subcontractor’s compliance with O.C.G.A. § 13-10-91 and Georgia Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit attached hereto as Exhibit “C”, which subcontractor affidavit shall become part of the Granicus/subcontractor agreement; or (b) evidence that the subcontractor is not required to provide such an affidavit because it satisfies the criteria of subsections (2) or (3) above. If a subcontractor affidavit is obtained, Granicus agrees to provide a completed copy to Customer within five (5) business days of receipt from any subcontractor. 10.15. Entire Agreement. This Agreement, together with all Orders or SOWs referenced herein, sets forth the entire understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior oral and written understandings, quotations, communications, and agreements. Granicus and Customer agree that any and all Orders or SOWs are incorporated herein by this reference. In the event of possible conflict or inconsistency between such documents, the conflict or inconsistency shall be resolved by giving precedence in the following order: (1) the terms of this Agreement; (2) Orders; (3) all other SOWs or other purchase documents; (4) Granicus response to Customer’s request for RFI, RFP, RFQ; and (5) Customer’s RFI, RFP, RFQ. 10.16. Reference. Notwithstanding any other terms to the contrary contained herein, Customer grants Granicus the right to use Customer’s name and logo in customer lists and marketing materials. 10.17. Injunctive Relief. Granicus is entitled to obtain injunctive relief if Customer’s use of Granicus Products and Services is in violation of any restrictions set forth in this Agreement. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly - authorized representatives on the Effective Date as set forth above. Granicus, LLC _ _ City of Milton, Georgia By:r, By: (Authorized 'nature) (Authorized Signature) Name: Title: Dawn Kubat (Print or Type Name of Signatory) VP of Date: 1/612020 (Execution Date) ATTESTED: By: Printed Name: Title: Attachment(s): Exhibit A, Exhibit B, Exhibit C Name: Joe Lockwood (Print or Type Name of Signatory) Title: Mayor Date: (Execution Date) ATTESTED: By: Printed Name: Sudie Gordon Title: City Clerk Approved as to form: City Attorney 12 13 Exhibit A Granicus Proposal for Milton, GA Granicus Contact Name:John Watkins Phone:(323) 909-5189 Email:john.watkins@granicus.com Proposal Details Quote Number:Q-78508 Prepared On:1/6/2020 Valid Through:1/10/2020 Pricing Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Currency:USD Current Subscription End Date:12/12/2019 Period of Performance:12/13/2019 - 12/12/2020 Annual Fees for Renewing Subscriptions Solution Billing Frequency Quantity/Unit Annual Fee Government Transparency Managed Services Hardware (GT)Annual 1 Each $3,638.25 Upgrade to SDI 720p Streaming Annual 1 Each $992.25 Open Platform Suite Annual 1 Each $0.00 Government Transparency Suite Annual 1 Each $13,009.72 Granicus Encoding Appliance Software (GT)Annual 1 Each $1,323.00 Meeting Efficiency Suite Annual 1 Each $11,686.72 SUBTOTAL:$30,649.94 Remaining Period(s) Solution(s)12/13/2020 -12/12/2021 12/13/2021 -12/12/2022 Government Transparency Managed Services Hardware (GT)$3,820.16 $4,011.17 Upgrade to SDI 720p Streaming $1,041.86 $1,093.96 Open Platform Suite $0.00 $0.00 Government Transparency Suite $13,660.21 $14,343.22 Granicus Encoding Appliance Software (GT)$1,389.15 $1,458.61 Meeting Efficiency Suite $12,271.06 $12,884.61 SUBTOTAL:$32,182.44 $33,791.56 Product Descriptions Name Description Government Transparency Managed Services Hardware (GT) The managed equipment solution offers an encoding appliance that is fully managed and maintained by Granicus. Upgrade to SDI 720p Streaming Upgrade to SDI 720p Streaming (requires Digital encoder and HD feed) Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/ documents, and index of archives. These are able to be published and accessible through a searchable viewpage. Government Transparency Suite Government Transparency are the live in-meeting functions. Streaming of an event, pushing of documents, indexing of event, creation of minutes. Granicus Encoding Appliance Software (GT) Granicus Encoding Appliance Software (GT) This includes the LiveManager Software solution where webcasts are started/stopped, agendas amended and indexed, votes and attendance recorded, and minutes created. Meeting Efficiency Suite Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) and Hardware-as-a-Service (HaaS) solution that enables government organizations to simplify the in-meeting management and post-meeting minutes creation processes of the clerk’s office. By leveraging this solution, the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, record roll calls, motions, votes, notes, and speakers, all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word or HTML, and publish online with the click of a button. Meeting Efficiency includes: •Unlimited user accounts •Unlimited meeting bodies •Unlimited storage of minutes documents •Access to one Granicus platform site •Access to the LiveManager software application for recording information during meetings •Access to the Word Add-in software component for minutes formatting in MS Word if desired •One MS Word or HTML minutes template (additional templates can be purchased if needed) Terms and Conditions •This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Milton, GA to provide applicable exemption certificate(s). •Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. •If submitting a Purchase Order, please include the following language: All pricing, terms and conditions of quote Q-78508 dated 1/6/2020 are incorporated into this Purchase Order by reference. •Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the services outlined within this Agreement. STATE OF Minnesota COUNTY OF Ramsey Exhibit B CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation that is engaged in the physical performance of services on behalf of the City of Milton, Georgia: (1) provides all such services through employees working outside the US and none of these employees are subject to United States employment eligibility requirements; or (2) has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and will continue to do so throughout the contract period. The contractor has the following number of employees: X 500 or more 100 or more Fewer than 100 In performing the contract to which this affidavit applies, the undersigned contractor will subcontract for the physical performance of services only with subcontractors who present an affidavit with the information required by O.C.G.A. § 13-10-91(b), unless the subcontractor shows that he/she is legally exempt from that requirement. Contractor hereby attests that, if applicable, its federal work authorization user identification number and date of authorization are as follows: 1208595 Federal Work Authorization User Identification Number 6/28/2017 Date of Authorization Granicus, LLC _ Name of Contractor City of Milton Master Agreement Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Jan 6 , 2020in Saint Paul (city), MN (state). clv�nn Signature of Authori d ffi a or Agent kly Jessica Yang, Business and Contracts Manager Printed Name and Title of Authorized Officer or Agent SUBSCRI ED ND SWORN BEFORE ME O T 6 D OE January 2020 . Hanna Larson T Y kALIC a 'ry HANNA ROSE LARSON v Notary Public [NOTARY SEAL] State of Minnesota My Commission Expires January 31, 2022 My Commission Expires: 14 15 EXHIBIT C STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Granicus, LLC on behalf of the City of Milton, Georgia: (1) provides all such services through employees working outside the US and none of these employees are subject to United States employment eligibility requirements; or (2) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and will continue to do so throughout the contract period. The contractor has the following number of employees: ____500 or more ____100 or more _____ Fewer than 100 In performing the contract to which this affidavit applies, the undersigned subcontractor will further subcontract for the physical performance of services only with subcontractors who present an affidavit with the information required by O.C.G.A. § 13-10-91(b), unless the sub-subcontractor shows that he/she is legally exempt from that requirement. Additionally, the undersigned subcontractor will, upon receipt of an affidavit from any lower-tier sub-subcontractor, forward the same to the contractor within five (5) business days of receipt. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor City of Milton Master Agreement Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ in _____________________ (city), ______ (state). ________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ______________________________ TO: FROM: MILTON'* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 14, 2020 Steven Krokoff, City Manager a AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. MEETING DATE: Wednesday, January 22, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (..%APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (7"YES (J NO CITY ATTORNEY REVIEW REQUIRED: (,LYES () NO APPROVAL BY CITY ATTORNEY: (44PPROVED NOT APPROVED PLACED ON AGENDA FOR: aIIIJILA14 2006 Heritage Wolk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us MILTONt ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on 01 /03/2020 for the 01 /22/2020 Regular Council Meeting (First Presentation) and February 3, 2020 (Unfinished Business) Agenda Item: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code Department Recommendation: Staff is recommending the Adoption of the Amendment to Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code Executive Summary: The City of Milton Parks and Recreation Department Fee Schedule was last reviewed in March of 2019. Since that time, changes in facilities that are available for rent have occurred which calls for an update to the schedule. The Fee Schedule now includes the three fields located at the Cox Road Sports Complex. The Fee Schedule was reviewed by the Parks and Recreation Advisory Board and they voted unanimously to recommend approval of this fee schedule. Funding and Fiscal Impact: The adoption of this resolution increases the number of facilities that are available for rental and is projected to modestly increase the rental revenue to the City. 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@dtyofmiltonga.us I www.cityofmiltongo.us Alternatives: If this policy is not adopted, our alternative is to communicate the council's input and return to the PRAB to revise the policy. Legal Review: Sam VanVolkenburgh - Jarrard & Davis, December 30, 2019. Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Ordinance - Appendix A Chapter 34 Section 24 2) Chapter 34 - Table of Fees and Charges STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A. FEES AND OTHER CHARGES, OF THE MILTON CITY CODE The Council of the City of Milton hereby ordains, while in a regularly called council meeting on February 3, 2020 at 6:00 p.m., as follows: SECTION 1. That Chapter 34 of Appendix A of The Code of the City of Milton, Georgia, is hereby amended by replacing the existing Chapter 34 of Appendix A in its entirety and substituting the new Chapter 34 of Appendix A, attached hereto. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 3rd day of February, 2020. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk (Seal) Chapter 34 --Parks, Recreation and Cultural Affairs 34-24 (a) (1) Diamond field rental rates at Bell Memorial Park or IGA One Field without lights, two hour minimum rental $25.00 per hour fields - Milton Citizen Rate 34-24 (a) (2) Diamond field rental rates at Bell Memorial Park or IGA One Field with lights, two hour minimum rental $37.50 per hour fields - Milton Citizen Rate 34-24 (a) (3) Diamond field rental rates at Bell Memorial Park or IGA Field preparation -dragging and lining $75.00 fields- Milton Citizen Rate 34-24 (a) (4) Diamond field rental rates at Bell Memorial Park or IGA Refundable Security Deposit $100.00 fields -Milton Citizen Rate 34-24 a 5 () () Diamond field rental rates at Bell Memorial Park or IGA For a S ecial Event for a Da p y $500.00 fields - Milton Citizen Rate 34-24 (b) (1) Rectangular Artificial Turf Fields at Bell Memorial Park - One Field without lights, two hour minimum rental $75.00 per hour Milton Citizen Rate 34-24b 2 ( ) () Rectangular Artificial Turf Fields at Bell Memorial Park- One Field with lights, two hour minimum rental $100 per hour Milton Citizen Rate 34-24 (b) (3) Rectangular Artificial Turf Fields at Bell Memorial Park- Refundable Security Deposit $100.00 Milton Citizen Rate 34-24 (b) (4) Rectangular Artificial Turf Fields at Bell Memorial Park- Other services; i.e. field lining, etc. Determined on an individual case basis, limited to the Milton Citizen Rate cost to the City. 34-24c 1 () () Rectangular Natural Turf Fields at IGA Fields - Milton One Field without lights, two hour minimum rental $25.00 per hour Citizen Rate 34-24(c)(2) Rectangular Natural Turf Fields at IGA Fields - Milton Refundable Security Deposit $100.00 Citizen Rate 34-24d 1 ( ) () Facility rental rates at Bethwell Community Center- Rentals offered in a minimum of two hours $50.00 per hour Milton Citizen Rate 34-24d 2 ( ) () Facility rental rates at Bethwell Community Center- Refundable Security Deposit $50.00 Milton Citizen Rate 34-24 (e) (1) Tennis Court rental rates at the Milton Country Club - Rentals offered in a minimum of one hour intervals $5.00 per hour Milton Citizen Rate 34-24 (f) (1) Facility rental rates at Community Place - Milton Citizen Rentals offered in a minimum of two hours $50.00 per hour Rate 34-24f 2 () () Facility rental rates at Community Place- Milton Citizen De p Refundable SecurityDeposit $200.00 Rate 34-24 (g) Facility rental rates at Friendship Community Park Rentals offered in a minimum of two hours $10.00 per hour Pavilion Only- Milton Citizen Rate 34-24 (h) (1) Facility rental rates at Broadwell Pavilion Only- Milton Rentals offered with lights and fan in a minimum of two $50.00 per hour Citizen Rate hours 34-24 (h) (2) Facility rental rates at Broadwell Pavilion Only- Milton Refundable Security Deposit $350.00 Citizen Rate 34-24 (h) (3) Facility rental rates at Broadwell Pavilion Only- Milton Refundable Personal Gas Grill Use Deposit $100.00 Citizen Rate 34-24 (i) (1) Camp Joyful Soles Registration Fee per week $175.00 34-24 (i) (2) Camp Joyful Soles Non-refundable, Non -transferable Deposit per week $50.00 APPENDIX A 34-240) Administrative Fee Approved Refunds/Cancellations $15.00 City of Milton employees may receive a discount on City of 3424 (k) Employee Discount Milton directly offered programs (Does not apply to 50% off of the City of Milton Resident rate programs offered through Independent Contractors) 34-24(1) Non -Resident Rate Applies to all individuals and businesses not based in Milton 50% increase over City of Milton Resident rate At the discretion of the Parks ands Recreation Director based 3424 (m) Independent Contractor Commissions upon services provided and fees charged No less than 10% and no more than 3096 3424 (n) (1) Admission Fee to the Milton Pool Daily Fee - One Guest- One Admission for the Entire Day $5.00 Season Pass - Memorial Day thru Labor Day -Admission for $55.00 3424 (n) (2) Admission Fee to the Milton Pool Senior Citizens ages 55+ Season Pass - Memorial Day thru Labor Day - Admission for a $75.00 3424 (n) (3) Admission Fee to the Milton Pool Single Guest Season Pass - Memorial Day thru Labor Day - Admission for 3424 (n) (4) Admission Fee to the Milton Pool up to 4 Guests $200.00 34-24 (n) (5) Admission Fee to the Milton Pool Season Pass - Memorial Day thru Labor Day - Admission for $250'00 up to 5 Guests Season Pass - Memorial Day thru Labor Day - Admission for 34-24 (n) (6) Admission Fee to the Milton Pool up to 6 Guests $300.00 Season Pass - Memorial Day thru Labor Day - Admission for 3424 (n) (7) Admission Fee to the Milton Pool up to 7 Guests $350.00 3424 (n) (8) Replacement Fee Replacement of Lost or Damaged Season Pass $5.00 Rectangular artificial turf field at Cox Road Athletic One field without lights, two-hour minimum rental g $50.00 per hour 3424 (0)(1) Complex- Milton citizen rate Rectangular artificial turf field at Cox Road Athletic One field with , two-hour minimum rental lights, g $75.00 per hour 34-24 (o)(2) Complex - Milton citizen rate Rectangular artificial turf field at Cox Road Athletic Refundable Security Deposit $300.00 34-24 (o)(3) Complex - Milton citizen rate Rectangular artificial turf field at Cox Road Athletic Other services; i.e. field lining, etc. Determined on an individual case basis, limited to the 34-24 (o)(4) Complex - Milton citizen rate cost to the City. Rectangular natural grass field at Cox Road Athletic One field without lights, two-hour minimum rental g $50.00 per hour 3424 (0) (5) Complex - Milton citizen rate Rectangular natural grass field at Cox Road Athletic One field with lights, two-hour minimum rental 8 $75.00 per hour 34-24 o)(6) Com lex- Milton citizen rate Rectangular natural grass field at Cox Road Athletic Refundable Security Deposit $100.00 34-24 (o)(7) Complex - Milton citizen rate Rectangular natural grass field at Cox Road Athletic Other services; i.e. field lining, etc. I Determined on an individual case basis, limited to the 34-24 (o)(8) Complex - Milton citizen rate cost to the City. Appendix A - FEES AND OTHER CHARGES III FEES AND OTHER CHARGES Section 34-24 (a)(1) 34-24 (a)(2) 34-24 (a)(3) 34-24 (a)(4) 34-24 (a)(5) Description Conditions Chapter 34—Parks, Recreation and Cultural Affairs Diamond field rental rates at Bell Memorial Park or One field without lights, two-hour minimum IGA fields - Milton citizen rental rate Diamond field rental rates at Bell Memorial Park or Amount (in dollars) $25.00 per hour One field with lights, two-hour minimum rental 1 $37.50 per hour IGA fields - Milton citizen rate Diamond field rental rates at Bell Memorial Park or Field preparation - dragging and lining IGA fields - Milton citizen rate Diamond field rental rates at Bell Memorial Park or Refundable security deposit IGA fields - Milton citizen rate Diamond field rental rates at Bell Memorial Park or For a special event for a day IGA fields - Milton citizen rate Rectangular artificial turf 34-24 34-24fields at Bell Memorial Park Milton citizen rate 34-24 Rectangular artificial turf (b)(2) fields at Bell Memorial Park Milton citizen rate 34-24 Rectangular artificial turf (b)(3) fields at Bell Memorial Park Milton citizen rate 34-24 Rectangular artificial turf (b)(4) fields at Bell Memorial Park - Milton citizen rate One field without lights, two-hour minimum rental One field with lights, two-hour minimum rental Refundable security deposit Other services; i.e. Field lining, etc. $75.00 $100.00 $500.00 $75.00 per hour $100.00 per hour Determined on an individual basis, limited to the cost to the city 34-24 I Rectangular natural turf One field without lights, two-hour minimum (c)(1) fields at IGA Fields Milton rental $25.00 per hour citizen rate Rectangular natural turf 34-24 (c)(2) fields at IGA Fields Milton One field with lights, two-hour minimum rental $50.00 per hour citizen rate Rectangular natural turf 34-24 (c)(3) fields at IGA Fields Milton Refundable security deposit $100.00 citizen rate Facility rental rates at 34-24 Bethwell Community Center Rentals offered in a minimum of two hours $50.00 per hour (d)(1) - Milton citizen rate 34-24 34-24Bethwell Facility rental rates at Community Center Refundable security deposit $50.00 Milton citizen rate 34-24 Tennis court rental rates at Rentals offered in a minimum of one-hour (e)(1) the Milton Country Club - intervals $5.00 per hour Milton citizen rate Facility rental rates at 34-24 (f)(1) Community Place - Milton Rentals offered in a minimum of two hours $50.00 per hour citizen rate Facility rental rates at 34-2 Community Place - Milton Refundable security deposit $200.00 (f)(2) citizen rate Facility rental rates at 34- Friendship Community Park Rentals offered in a minimum of two hours $10.00 per hour 24(g) Pavilion Only -Milton citizen rate 34-24 Facility rental rates at Broadwell Pavilion only- Rentals offered with lights and fan in a minimum $50.00 per hour (h)(1) of two hours Milton citizen rate Facility rental rates at 34-24 Broadwell Pavilion only - Refundable security deposit $350.00 (h)(2) Milton citizen rate 34-24 Facility rental rates at (h)(3) Broadwell Pavilion only - Refundable personal gas grill use deposit $100.00 Milton citizen rate 34-24 Camp Joyful Soles Registration fee per week $175.00 (i)(1) 34-24 Camp Joyful Soles Non-refundable, non -transferable deposit per $50.00 (i)(2) week 34-240) Administrative fee Approved refunds/cancellations $15.00 City of Milton employees may receive a discount on City of Milton directly offered programs (does 50% off of the City of 34-24(k) Employee discount not apply to programs offered through Milton resident rate independent contractors) Applies to all individuals and businesses not 50% increase over 34-24(I) Non-resident rate based in Milton City of Milton resident rate 34- Independent contractor At the discretion of the parks and recreation No less than 10% and 24(m) commissions director based upon services provided and fees o no more than 30% charged 34-24 Admission fee to the Milton Daily fee - one guest - one admission for the $5.00 (n)(1) Pool entire day 34-24 Admission fee to the Milton Season pass - Memorial Day thru Labor Day - $55.00 (n)(2) Pool Admission for senior citizens ages 55+ 34-24 Admission fee to the Milton Season pass - Memorial Day thru Labor Day - $75.00 (n)(3) Pool Admission for a single guest 34-24 Admission fee to the Milton Season pass - Memorial Day thru Labor Day - $200.00 (n)(4) Pool Admission for up to 4 guests 34-24 Admission fee to the Milton Season pass - Memorial Day thru Labor Day- $250.00 (n)(5) Pool Admission for up to 5 guests 34-24 Admission fee to the Milton Season pass - Memorial Day thru Labor Day - $300.00 (n)(6) Pool Admission for up to 6 guests 34-24 Admission fee to the Milton Season pass - Memorial Day thru Labor Day - $350.00 (n)(7) Pool Admission for up to 7 guests 34-24 Replacement Fee Replacement of lost or damaged season pass $5.00 (n)(8) Rectangular artificial turf 34-24 field at Cox Road Athletic One field without lights, two-hour minimum $50.00 per hour (0)(1) Complex - Milton citizen rental rate Rectangular artificial turf 34-24 field at Cox Road Athletic One field with lights, two-hour minimum rental $75.00 per hour (0)(2) Complex -Milton citizen rate Rectangular artificial turf 34-24 fields at Cox Road Athletic Refundable security deposit $100.00 (0)(3) Complex -Milton citizen rate Rectangular artificial turf Determined on an 34-24 fields at Cox Road Athletic Other services; i.e. field lining, etc. individual basis, (0)(4) Complex - Milton citizen limited to the cost to rate the City 34-24 Rectangular natural grass field at Cox Road One field without lights, two - $50.00 per hour (o)(5) Athletic Complex - Milton citizen rate hour minimum rental 34-24 Rectangular natural grass field at Cox Road One field with lights, two-hour $75.00 per hour (0)(6) Athletic Complex - Milton citizen rate minimum rental 34-24 Rectangular natural grass field at Cox Road Refundable security deposit $100.00 (o)(7) Athletic Complex - Milton citizen rate Determined on an 34-24 Rectangular natural grass field at Cox Road Other services; i.e. field lining, individual basis, (0)(8) Athletic Complex - Milton citizen rate etc. limited to the cost to the City MILTON'k ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: January 14, 2020 Steven Krokoff, City Manage Consideration of an Ordinance to Amend Appendix A Updating Fees Related to Door -to -Door Salesmen. Wednesday, January 22, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,XPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.e(ES () NO CITY ATTORNEY REVIEW REQUIRED: (.IYES () NO APPROVAL BY CITY ATTORNEY: (,)/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: t2,/4AILeu 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON*k ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on January 10, 2020 for the January 22, 2020 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Appendix A Updating Fees Related to Door -to -Door Salesmen. Department Recommendation: Approval Executive Summary: This is an update and revision to the appendix related to the regulation of Door to Door Salesmen and associated fees. The purpose of this revision is to align associated fees in the appendix with newly approved ordinance revisions. Funding and Fiscal Impact: None Alternatives: N/A Legal Review: Molly Esswein, Jarrard and Davis - (January 10, 2020) Concurrent Review: Steve Krokoff, City Manager Aftachment(s): Ordinance Revision ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND APPENDIX A UPDATING PENALTIES RELATED TO DOOR -TO- DOOR SALESMEN, AND FOR RELATED PURPOSES WHEREAS, pursuant to its Charter and the laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety, and welfare of its citizens; and WHEREAS, the Mayor and City Council desire to update the associated fees related to the permitting of Door -to -Door Salesmen; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, as follows: SECTION 1. Chapter 36 of Appendix A of The Code of the City of Milton, Georgia, is hereby amended by incorporating the insertions and deletions shown in the document attached hereto and incorporated herein by reference as Exhibit "A." SECTION 2. All ordinances or parts of ordinances that conflict with the terms of this ordinance are hereby repealed. SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature approval of the Mayor. ORDAINED this 22nd day of January, 2020. Approved: Joe Lockwood, Mayor Attest: Sudie Gordon, City Clerk (Seal) EXHIBIT A Chapter 36— Door -to -Door Salesmen 36- Application ** This fee is for a business solicitation permit— $889.00 administrative fees + $}80:5010 _00 permit 40 fee There is no charge for acharity/nonprofit fees + $29:0041_00 solicitation permit background check MILTON't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: nanJanuary 14, 2020 FROM: Steven Krokoff, City Manager Com/ AGENDA ITEM: Consideration of a Resolution Approving a Member to the City of Milton Planning Commission by Appointing a Board Member for District 3/Post 1. MEETING DATE: Wednesday, January 22, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (- APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (, rNO CITY ATTORNEY REVIEW REQUIRED: () YES (.yNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON PLANNING COMMISSION BY APPOINTING A BOARD MEMBER FOR DISTRICT 3/ POST 1 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 22, 2020 at 6:00 p.m. as follows: SECTION 1. That _______________________ (District 3/Post 1) is hereby appointed commencing January 22, 2020 and ending on December 31, 2023; SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 22th day of January 2020. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk MILTON* TO: FROM AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 14, 2020 Steven Krokoff, City Manager 0 Consideration of a Resolution Authorizing the Retirement and Sale of Police Canine, "Kyro". Wednesday, January 22, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4,1APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,'YES () NO CITY ATTORNEY REVIEW REQUIRED: (.yS'ES () NO APPROVAL BY CITY ATTORNEY. („)/APPROVED () NOT APPROVED PLACED ON AGENDA FOR: &I/ tzllob> 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Chief Rich Austin Date: Submitted on January 10, 2020 for the January 22, 2020 Regular City Council Meeting Agenda Item: Consideration of a Resolution Authorizing the Retirement and Sale of Police Canine, "Kyro" Department Recommendation: The Police Department recommends approval of this agreement. Executive Summary: The Milton Police Department's current police canine "Kyro" has been in service since 2013. He has unfortunately reached a point where, due to his age and health, he can no longer effectively serve in this capacity. It is the recommendation of his veterinarian that he be retired from active service. This resolution allows for "Kyro" to retire from service and his ownership be transferred to his handler Joshua Reece. Funding and Fiscal Impact: None Alternatives: None Legal Review: Sam P. VanVolkenburgh - Jarrard & Davis (January 7, 2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): • A resolution authorizing the retirement and sale of police canine "Kyro" • Acknowledgement of receipt of property and release of liability • Letter from Crabapple Knoll Veterinary Clinic STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AUTHORIZING THE RETIREMENT AND SALE OF POLICE CANINE "KYRO" WHEREAS, the City's Charter provides, at Section 1.12(b) (22), that the City is empowered, "To acquire, dispose of, lease, enter into a contract for valuable consideration for the use, operation, or management of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city"; WHEREAS, O.C.G.A. § 36-37-6 and Section 2-390 of the Milton Code of Ordinances provide that personal property with an estimated value of $500 or less may be sold by the governing authority of the City in the open market without advertisements or bids, and that the governing authority has the power to estimate the value of property to be sold; WHEREAS, the City's Police Department has indicated that "Kyro," a police - trained German Shepherd, is of such age and medical condition that he is of limited effectiveness as a police canine; WHEREAS, the City understands that Kyro was not purchased with grant funds containing restrictions on the disposal of property; WHEREAS, based on the opinion of a licensed veterinarian regarding the market value of Kyro (attached hereto), the City finds that it would likely receive less than $500 in resale value for Kyro; WHEREAS, Joshua Reece, a former police officer with the City of Milton, has agreed to accept ownership of Kyro as a pet; be responsible for his care and safekeeping; and neither utilize Kyro in the capacity as a trained police canine nor sell or otherwise convey Kyro to any other law enforcement office or agency; WHEREAS, in partial consideration of receiving ownership of Kyro, Mr. Reece has agreed to release and indemnify the City from any claims or damages arising from his ownership of Kyro; and WHEREAS, the City finds that the cost of feeding, housing and caring for Kyro is likely to exceed his monetary value to the Police Department; and that the City will receive valuable consideration from the promises made by Mr. Reece; NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that the sale of Kyro to Mr. Reece is hereby authorized under the terms set forth in this resolution. SO RESOLVED, this day of 2020. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 ACKNOWLEDGEMENT OF RECEIPT OF PROPETY AND RELEASE OF LIABILITY Comes now Joshua Reece, a former police officer with the City of Milton, and in return for the receipt from the City of Milton, Georgia ("Milton") of "Kyro;' a police - trained German Shepherd that previously worked as a police canine in the Milton police department (hereinafter "Kyro"), I hereby stipulate and agree to the following: I . During my tenure with the City of Milton, I was the handler of Kyro; 2. 1 have now resigned from the City of Milton police department; 3. Kyro's age and medical history adversely impacts his ability to serve as a police canine; 4. Due to Kyro having a market value of less than $500.00 (see December 23rd letter from Veterinarian Herrington, attached), the City of Milton has agreed to relinquish ownership of Kyro to me; 5. 1 agree to accept ownership of Kyro; 6. 1 agree to be solely responsible for the care and safekeeping of Kyro and do hereby excuse Milton completely from such duties or obligations; 7. 1 will maintain Kyro as a personal pet and will not utilize Kyro in the capacity as a trained police canine nor will I sell or otherwise convey Kyro to any other law enforcement office or agency; 8. 1 agree to release and hold Milton harmless and otherwise indemnify Milton for any claims or damages that may arise related to my ownership of Kyro, including but not limited to any claim for personal injury, property damage, or medical bills, including veterinary bills. So agreed, this _ of January 2020. Joshua Reece HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 Crabapple Knoll Veterinary Clinic 12604 Crabapple Road Alpharetta, GA 30004 770-475-8272 To whom It may concern, December 23'd. 2019 It has been requested that we give our opinion of Kyro Reece's monetary value. Due to Kyro's age and medical history, it is our professional opinion that his worth Is under $500. If you have any questions, please call us at 770-475-827. Jennifer Herrington, DVM Vet# GA006787 100'd 6Z99 Z66 OLL A Di :aA IIou3 aiddrq'210 wd ":60 HOK/6IOZ/EZ/03Q MILTON'lt ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: January 14, 2020 Steven Krokoff, City Manager 0 Consideration of a Task Order to Provide Concept Revision for Milton Greenway Connector PI 0015078 Wednesday, January 22, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,L -APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (YES O NO CITY ATTORNEY REVIEW REQUIRED: (..'YES () NO APPROVAL BY CITY ATTORNEY. („ YAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 01JUJ101° 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info®cityofmiltongo.us I www.cityofmiltongo.us HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON'k ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on January 16, 2020 for the January 22, 2020 Regular City Council Meeting Agenda Item: Consideration of a Task Order to Provide Concept Revision for Milton Greenway Connector PI 0015078 Project Description: The City of Milton issued a RFP for engineering and design services including Milton Greenway Connector Project PI 0015078. This task order is for the Concept Revision for PI 0015078 Milton Greenway Connector that proposes a trail connecting the Cambridge High School area via Cogburn Road, Webb Road and Morris Road to the intersection of Moms Road with McGinnis Ferry Road. The currently under design McGinnis Ferry Road Interchange with SR 400 project includes a trail connection to the Big Creek Greenway at Union Hill Park. This revised project meets the City of Milton's goal to connect to the Big Creek Greenway as previously developed in the Concept for PI 0012881. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 340-4101-541401804 Requisition Total: $45,000 Vendor DBA: Pond & Company Financial Review: Legal Review: Jarrard & Davis, LLP -Sam VanVolkenburgh, 1/15/20 Attachment(s): Task Order 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 �tTLT0T info@cityofmiltongo.us I www.cityofmiltonga.us MILT K* ESTA6HSHED 2006 TASK ORDER TO PROVIDE CONCEPT REVISION FOR MILTON GREENWAY CONNECTOR PI 0015078 THIS TASK ORDER between the parties is entered into pursuant to the Professional Services Agreement (RFP #19-PW08), incorporated herein by reference, and shall serve as authorization by City of Milton to Pond & Company, Inc. (referred to herein alternately as "Consultant" and "Pond") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Description of Services: The Concept Revision for PI 0015078 Milton Greenway Connector proposes a trail connecting the Cambridge High School area via Cogburn Road, Webb Road and Morris Road to the intersection of Morris Road with McGinnis Ferry Road. The currently under design McGinnis Ferry Road Interchange with SR 400 project includes a trail connection to the Big Creek Greenway at Union Hill Park. This revised project meets the City of Milton s goal to connect to the Big Creek Greenway as previously developed in the Concept for PI 0012881. A more complete description of services is found in Exhibit "B". Timing: This task order will be completed within 9 months of notice to proceed by the City. Compensation: This task order shall not exceed $45,000.00 based upon the rates that are part of the Agreement. Attachments: Exhibit "A" Concept Exhibit "B" Pond Proposal letter dated January 13, 2020 See following page for signatures. CITY OF MILTON: 0 Title: Date: Approved by City Council Mayor Date Approved as to form: City Attorney CONSULTANT: a Title: Date: BIG CREEK GREENWAY CONNECTION Project Beginning Point 0+00 / HIHGS R{pGE � /'� CHPISJI4N (:gMBN10GE SCHOpI HIGH $CNOOI ALPHARETTA rl up S 7 EMSCOPAL i CHIIRCM •• ' INORiL 4RN �� L••_ • SI ERaxD6 . HIGH SCHODI.. jam;• t CpEpS Mpp \, ,u �� ELME ELEMFIRARY � • SCIWJL . :`. \ �1• HOK.Ey MIDDLE SDI! soveR w jr<acEr ,{lGE H04p( FORSYTH COUNTY F Begin Morris Improvements End Morris Improvements Begin McGinnis F Interchange Improvements M. MI LTON*k ESTABLISHED 3 BIG CREEK GREENWAY CONNECTION nr Pfwfu m�uolE sclwoi nning Point \I FORSYTH COUNTY TON 1 Begin MorrisEnd Morris Improvements „PEP Improvements Begin McGinnis ieq(f Interchange Improvements M I LTON*- Project Beg 0+00 KING RIDGE /�,• CH.W.AN CA MDGE S OL NIGN $CNOOE - I J ALPHARETTA ' NORiM P4RM % y ST iRVip$ 1 � '\' � y COGORRN WDOp$ fLEmfRTMv ��• 9CMOOL _ nr Pfwfu m�uolE sclwoi nning Point \I FORSYTH COUNTY TON 1 Begin MorrisEnd Morris Improvements „PEP Improvements Begin McGinnis ieq(f Interchange Improvements M I LTON*- Responsive People. Real Partners. Architects Engineers Planners Constructors January 13, 2020 Ms. Sara Leaders, PE, LSIT Transportation Engineer City of Milton 2006 Heritage Walk Milton, GA 30004 3500 Parkway Lane o 678.336.7740 Suite 500 r 678.336.7744 Peachtree comers, GA 30092 www.pondco,com Re: Concept Validation Scope for PI 0015078 Concept Revision — Milton Greenway Connector Pond is pleased to submit this proposal for design services for the Concept Revision of the above project. This project provides a trail connecting the Cambridge High School area via Cogburn Road, Webb Road and Morris Road to the intersection of Morris Road with McGinnis Ferry Road. The currently under design McGinnis Ferry Road Interchange with SR 400 project includes a trail connection to the Big Creek Greenway at Union Hill Park. This revised project meets the City of Milton's goal to connect to the Big Creek Greenway as previously developed in the Concept for PI 0012881. This project will follow the full Georgia Department of Transportation (GDOT) Project Development Process (PDP). The services for this phase of the project include Concept Revision/Verification. Database Preparation, Preliminary Plans, Right of Way Plans, and Final Plans to follow via separate Task Orders. PROFESSIONAL SERVICES: Pond will provide all labor, materials and equipment necessary to assist the City of Milton in completing the tasks as described herein. Concept Revision/Verification • Concept Trail Layout • Concept Typical Sections • Revised GDOT Concept Report Creation with Updates to: o Project Location Map o Project Justification Statement o Existing Conditions o Project Description o MS4 Concept Report Summary o MS4 Report Review Checklists o Project Cost • Preliminary Engineering • Construction • Right of Way • Utilities Page 2 Environmental Documentation & Permitting • Document type verification • Permit type verification • Limited (Desktop Level) Resource Identification/Verification for: o Ecology o History o Archaeology o Air/Noise Meetings • Monthly Status Update meetings via Conference calls • Concept Team meeting The project deliverables will consist of the following: • Georgia Department of Transportation (GDOT) Approved Revised Concept Report Assumptions: • There will be no further Public Meetings. • The GDOT Plan Development Process (PDP), including GDOT oversight coordination, will be followed for this project. • The concept layouts exclude concept cross sections and concept construction limits. POND & COMPANY Arwin Lopez Project Manager