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HomeMy WebLinkAboutAgenda Packet - CC - 03/01/20212006 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 Monday, March 01, 2021 Regular Council Meeting Agenda 6:00 PM INVOCATION – Sarah LaDart 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. 21-053) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 1, 2021 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6)CONSENT AGENDA 1.Approval of an Agreement between the City of Milton and American Alarm Corporation, Inc. for Alarm Monitoring Services at the Milton Public Safety Complex: Police Station & Municipal Court, and Fire Station #44 – Building A. (Agenda Item No. 21-054) (Rich Austin, Police Chief) 2.Approval of a Task Order with Pond & Company to Provide Engineering Design Services and Construction Administration for Morris Road Widening. (Agenda Item No. 21-055) (Robert Drewry, Public Works Director) 3.Approval of a Professional Services Agreement between the City of Milton and JQ AV Techs for the Configuration and Operation of the City’s AV Equipment during City Meetings. (Agenda Item No. 21-056) (David Frizzell, IT Manager) 4.Approval of a Professional Services Agreement between the City of Milton and CHA Consulting, Inc. for Cogburn Road Sidewalk Design Modifications. (Agenda Item No. 21-057) (Robert Drewry, Public Works Director) 5.Approval of a Parks and Recreation Department Athletic Association Facility Use Agreement between The City of Milton and Eagle Stix Rec Inc. to Provide Youth Girls Lacrosse Programming. (Agenda Item No. 21-058) (Tom McKlveen, Parks and Recreation Manager) 6.Approval of an Outside Providers & Facility Use Agreement Between The City of Milton and Wellesong, LLC to Provide Adult Tai Chi Classes. (Agenda Item No. 21-059) (Tom McKlveen, Parks and Recreation Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 1, 2021 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 7)REPORTS AND PRESENTATIONS 1.Proclamation Recognizing the American Red Cross of Georgia. (Agenda Item No. 21-060) (Mayor Joe Lockwood) 2.Presentation for Pet Waste Stations in The Deerfield Parkway Corridor. (Agenda Item No. 21-061) (Robert Drewry, Public Works Director) 8)FIRST PRESENTATION 9)PUBLIC HEARING (None) 10)ZONING AGENDA 1.Consideration of RZ21-01/VC21-01 - 13085 Morris Road to rezone from T5 Limited (Deerfield Form Based Code) to AL (Apartments Limited) by WRPV XIV Deerfield Village Milton, LLC to correct a legal nonconformity with regard to density of a multi-family project that was built in 2001. No changes to the existing development are proposed. Total of 554 units at a density of 18.43 units per acre on 30.05 acres and a two-part concurrent variance to allow existing tennis courts, fencing and existing swimming pool and fencing as shown on site plan. (Sec. 64-1602(v)(2) and Sec. 64-1609(b)(3). (Agenda Item No. 21-047) (First Presentation at February 17, 2021 City Council Meeting) (Robyn MacDonald, Zoning Manager) 2.Consideration of RZ21-02 - Text Amendment to Sec. 64-1 Definitions (As it relates to modified driveways and large lot incentives.) (Agenda Item No. 21-048) (First Presentation at February 17, 2021 City Council Meeting) (Robyn MacDonald, Zoning Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 1, 2021 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 11)UNFINISHED BUSINESS 1.Consideration of Text Amendment to Chapter 50 of the City Code – Subdivisions (As it relates to modified driveways and large lot incentives). (Agenda Item No. 21-049) (First Presentation at February 17, 2021 City Council Meeting) (Robyn MacDonald, Zoning Manager) 12) NEW BUSINESS 1.Consideration of a Resolution Reappointing Members to the City of Milton Greenspace Advisory Committee. (Agenda Item No. 21-062) (Mayor Joe Lockwood) 2.Consideration of An Amended Emergency Ordinance of the Mayor and Council of the City of Milton, Georgia under Section 3.18 of the Charter of the City of Milton, Georgia to Provide for the Operation of the City of Milton, Georgia During the Public Emergency known as the Novel Coronavirus Disease 2019 Global Pandemic; to Become Effective Upon Adoption by the Council; to Supersede the Existing Emergency Ordinance; and for Other Purposes. (Agenda Item No. 21-063) (Ken Jarrard, City Attorney) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1.Public Works 2.Fire 3.Economic Development 4.Communications 14) EXECUTIVE SESSION (Land Acquisition, Personnel, & Litigation) 15) ADJOURNMENT(Agenda Item No. 21-064) CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 12, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement Between the City of Milton and American Alarm Corporation, Inc. for Alarm Monitoring Services at the Milton Public Safety Complex, Police Station & Municipal Court, and Fire Station #44 - Building A. MEETING DATE: Monday, March 1, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ March 1, 2021 X X X X To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on February 8, 2021 for the March 1, 2021 Regular City Council Meeting Agenda Item: Approval of an Agreement Between the City of Milton and American Alarm Corporation, Inc. for Alarm Monitoring Services at the Public Safety Complex: Police Station & Municipal Court, and Fire Station #44 - Building A. _____________________________________________________________________________________ Project Description: The City currently has location-based agreements with American Alarm Corporation, Inc to provide alarm monitoring services for the various City-owned locations/facilities. These new agreements are for alarm monitoring services of the three alarms at the new Public Safety Complex. This contract is for one year. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: Communications accounts across end user departments Requisition Total: Blanket PO Financial Review: Bernadette Harvill, February 12, 2021 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, February 11, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Alarm Monitoring Agreements and Supplement Agreements for: 1. Milton Public Safety Complex 2. Milton Police Station & Municipal Court 3. Milton Fire Station # 44 – Building A *City of Milton, Georgia is the proper "Client" name 1. DEALER agrees to install or cause to be installed in the premises of the CLIENT alarm equipment and devices and/or to provide a central monitored signalling system necessary to transmit signals from the premises of the CLIENT to the central monitoring station. Upon completion of installation DEALER will thoroughly instruct the CLIENT in the proper use of the Alarm System. DEALER will not be responsible to monitor any devices for alarm or supervisory conditions that are not electrically connected by DEALER. 2. After the initial tern, this Agreement shall automatically renew on a month to month basis unless either party shall give written notice of cancellation within thirty (30) days prior to the expiration of the original tern or nay renewal thereof. Upon Customer's default or cancellation of this Agreement, except for cancellation at the end of the initial term or any renewal term as provided for herein, in all services by DEALER will terminate, and all payments then due by CLIENT, or thereafter scheduled to become due through the initial term of this Agreement, or any renewal term, shall accelerate and become imme- diately due and payable to DEALER. 3. DEALER shall have the right, at any time. to increase the charges provided herein, to reflect any additional taxes, fees or charges relating to the services provided under the terms of this Agreement, which may hereafter be imposed on DEALER by any utility or government agency and CLIENT agrees to pay same So that DEALER may properly adjust its rates to meet changing cost DEALER may, at any time after the expiration of one (1) year from the date of this Agreement, increase the monitoring/service charges. In the event the increase exceeds more than 10% and CLIENT is unwilling to pay the increased charges, CLIENTmay terminate this Agreement upon giving notice in writing to DEALER within thirty (30) days from the increase. CLIENT'S failure to notify DEALER within said thirty (30) days shall constitute CLIENT'S acceptance of the increase. 4. DEALER shall have the right to terminate this Agreement ten (10) days after written notice of nonpayment if CLIENT has failed to make timely payments during the term of the Agreement or if the CLIENT willfully or negligently causes repeated false alarms. Any cost incurred by DEALER as a result of a false alarm originating from CLIENT'S premises shall promptly be reimbursed to DEALER. DEALER assumes no responsibility for the termination of police or fire department response to alarms due to false alarms or any other reasons. In the event of any default of this Agreement by CLIENT, including a default for failure to pay monies due and owing to DEALER. CLIENT shall pay DEALER any and all damages or losses incurred by DEALER in connection with such default, including all cost and expenses incurred by DEALER in collecting any monies due and owing by CLIENT to DEALER hereunder, reasonable attorney's fees, cost, prejudgment, interest and any other reasonable and related expenses of collection, all without relief from valuation or appraisement. 5. DEALER agrees to cause the system to be monitored from the time CLIENT causes the system to be activated until CLIENT causes the system to be deactivated. Upon receipt of a signal indicating an unauthorized entry into CLIENT'S premises or an emergency, the operator will make every effort to identify the signal and, when warranted, will transmit notice of said signal to the local authority having jurisdiction. CLIENT agrees to give DEALER a list of names of all persons who shall have the right to enter the premises between any regularly scheduled times for opening and closing the premises and who maybe called upon for a key to enter CLIENTS premises during such periods. CLIENT will notify DEALER in writing of any changes. 6. ASSIGNMENT BY DEALER - DEALER shall have the right to assign this Agreement to any other person, firm or corporation without notice to subscriber and shall have the further right to subcontract any installation and/or services including monitoring which it may perform. Subscriber acknowledges that this Agreement, particularly those paragraphs relating to DEALER'S maximum liability, fimited liability, disclaimer of warranties and Third Party indemnification inure to the benefit of and are applicable to any assignee and/or subcontractors of DEALER and that they bind CLIENT with respect to said assignee and/or subcontractors with the same force and effect as they bind CLIENT to DEALER. 7. DEALER reserves the right to employ outside monitoring facilities and/or guard response. CLIENT acknowledges that this Agreement and particularly those paragraphs relating to maximum liability, limited liability, disclaimers or warranties, liquidated damages, and indemnification, insure to the benefit of and are applicable to any outside monitoring facilities and/or guard response firms employed or contracted by DEALER, as well as to CLIENT, and that they bind CLIENT with respect to the monitoring facility and/or guard response in the same manner and with the same force and effect as they bind CLIENT to DEALER. 8. CLIENT hereby authorized and empowers DEALER, its agents or assigns, to install the aforesaid system in the designate premises, and to service the system and to make any necessary inspections, tests and repairs as required. CLIENT understands that alternative or additional protection can be installed at CLIENT'S request and expense. CLIENT acknowledges that DEALER has no way of knowing of the existence of hidden pipes, wires or other obstructions within walls or other concealed spaces. and it is CLIENT'S obligation to make DEALER aware of such conditions, failing which DEALER shall have no responsibility whatsoever for any damage that may be caused. The CLIENT agrees to furnish to the alarm panel any necessary electric current through CLIENT'S meter and at CLIENT'S expense. It is mutually agreed that the work of installation, repair or service by DEALER shall be performed between the hours of 8!00 o'clock a.m. and 5:00 o'clock p.m. exclusive of Saturdays, Sundays and holidays. 9. It is understood and agreed that DEALER may remove or upon written notice to CLIENT, abandon in whole or in part, the system, if owned by DEALER, and that upon termination of this Agreement DEALER can remove the system without obligation to repair or redecorate any portion of the CLIENT'S premises upon such removal, and that the removal or abandonment of such materials shall not be held to constitute a waiver of the right of DEALER to collect any charges which may have been accrued or maybe accrued hereunder. 10. This Agreement may be cancelled without previous notice, at the option of DEALER, in case the central station, connection link or equipment within the CLIENT'S premises are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, and may likewise be cancelled at the option to the CLIENT, in the event that the 2LIENT'S premises is so destroyed or damaged or at any time in the event that DEALER is unable either to secure or retain the connections or privileges and DEALER shall not be liable for any damages or subject to any penalty as a result of such termination. Any advance payments made for service to be supplied subsequent to the date of such termination shall be refunded to CLIENT. CLIENT shall be responsible for maintaining insurance adequate to cover the replacement cost of DEALER'S equipment, which is in the care, custody, and control of the CLIENT. 11. CLIENT agrees to perform systems checks on a monthly basis in order to ascertain the systems is properly functioning. CLIENT acknowledges that DEALER'S obligation hereunder relates solely to the services set forth above and to the service of the specified alarm system and that DEALER is in no way obligated to insure the operation of the system or to maintain or service CLIENT'S property or the property of others to which DEALER'S system is connected. Repairs shall be performed as soon as reasonably possible after receipt of notice by DEALER. CLIENT is solely responsible for proper maintenance of any devices utilizing batteries, or any sprinkler system including provision of heat where necessary and acknowledges that DEALER has no responsibility for the operation or non -operation of its equipment unless the sprinkler system is at all times in sound working order. 12. DEALER assumes no liability for delays in installation of the equipment or for interruptions of service due to strikes, riots, floods, fire, acts of God or any cause beyond the control of DEALER, including interruption of alarm transmission and will not be required to supply service to the CLIENT while interruption of service due to any such cause shall continue. CLIENT understands that alarm signals may be transmitted by telephone, cable, radio or microwave, that all of these are outside the control of DEALER, and DEALER shall have no responsibility for any failure in transmission of alarm signals by any of the means. CLIENT agrees to immediately notify DEALER of any malfunction of the communication link used by this equipment. 13. LIMITATION OF DAMAGES A. It is understood and agreed by the panics hereto that DEALER is not an insurer and that insurance, if any, covering personal injury and property loss or damage on CLIENTS premises shall be obtained by CLIENT, that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of CLIENT'S property or the property of others located on CLIENT'S property or the property of others located on CLIENT'S premises, that DEALER makes no guarantee, representation or of warranty or merchantability or fitness for particular purposes that the system or service supplied will avert or prevent occurrences or the consequences there from which the systems or service is intended to detect or avert. B. CLIENT acknowledges it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a failure to perform any DEALER'S obligations or a failure or malfunction in the system to properly operate because of, among other things, the uncertain amount or value of CLIENT'S property or the others which may be lost or damaged, the uncertainty of the response time of the police or other authority, the inability to ascertain what portion, if any, of any loss would be proximately caused by DEALER'S failure to perform any of its obligation of failure of its equipment to properly operate, the nature of the services to be performed by DEALER C. CLIENT understands and agrees that if DEALER should be found liable for any loss or damage due from a failure to perform any of its obligations or a failure of equipment to properly operate, DEALER'S liability shall be limited to a sum equal to the total of one -year's monitoring payments or five hundred dollars, whichever is lesser, and this liability shall be exclusive and shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property from performance or non-performance of any of DEALER'S obligations or from negligence, active or otherwise, of DEALER, its employees or agents D. In the event that the CLIENT wishes DEALER to assume greater liability, CLIENT may, as a matter of right, obtain from DEALER a higher limit by paying an additional amount to DEALER, and a rider shall be exclusive and shall be attached hereto setting forth such higher limit and additional amount, but this additional obligation shall in no way be interpreted to hold DEALER as an insurer. E. When CLIENT in ordinary course of business has the property of other in its custody, or the alarm system extends to protect the persons of property of others, CLIENT agrees to and shall indemnify, defend and hold harmless DEALER, its employees and agents for and against all claims brought by owners of said property arising out of the DEALER service under this Agreement. This provision shall apply to all claims regardless of cause including DEALER'S performance or failure to perform and including defects in products, design, installation, service, operation or non -operation of the system whether based on negligence, active or passive, express or implied contract or warranty, contribution or indemnification, or strict or product liability on the past of DEALER, its employees or agents, but this provision shall not apply to claims for loss or damage solely and directly caused by employees of DEALER while on CLIENT'S premises. F. CLIENT acknowledges that the system installed is as requested and is suitable to his purpose, and unless defects or omissions are called to DEALER'S attention, in writing, within five (5) days after completion of installation. CLIENT accepts the system as is, CLIENT agrees to pay for any additions to the systems. 14. All claims, actions or proceedings, legal or equitable against DEALER must be commenced in court within one (1) year after the cause of action has occurred or the act, omission or event occurred from which the claim, action or proceeding arises whichever is earlier, without judicial extension of time, or said claim, action or proceeding is barred time being of the essence of this paragraph. DEALER and CLIENT agree to waive trail by jury. 15. CLIENT acknowledges that the provisions of this Agreement, and particularly those paragraphs relating to disclaimer of warranties, limitation of liability and third -party indemnification, inure to the benefit of and are applicable to the Alarm equipment manufacturers, distributors and to any subcontractor engaged by DEALER to provide monitoring, maintenance, installation or service of the alarm system provided herein, and bind CLIENT to the Alarm equipment manufacturers, distributors, and to said subcontractors, or to the Department or other authority to which the alarm may be transmitted, with the same force and effect as the bind CLIENT to DEALER. CLIENT hereby waives his right of recovery for any loss covered by insurance on the premises or its contents to the extent permitted by any policy or by law. ; / tr-a5 YGe tn- GL�rL0 L k r bo► Y 16. This Agreement is not assignable by CLIENT except upon the written consent of DEALER first being obtained. 17. It is mutually understood and agreed that any representation, promise, advertising or other statement, condition, inducement or warranty, expressed or implied, whether written or verbal, not included in writing in this Agreement shall not be binding upon any party and that the Agreement may not be altered, modified or otherwise changed at anytime except with the written consent of each of the parties hereto and in the form of an addendum to this Agreement. If any of the terms or conditions of this Agreement shall be declared invalid or inoperative all of the remaining terms and conditions shall remain in full force and effect. 18. If customer is a residential client, customer can terminate this agreement with a 30 day written notice and payment of: a) 3/4 of the remaining amount on the contractor b) $300.00 which ever is greater. 19. Dealer is not responsible, liable or accountable for any fines, charges, fees, complications or problems resulting from false alarms at customers location any municipality or any other entity that may or may not have been dispatched to customers location. All fines, fees, charges\and penalties are the sole responsibility of customer. Customer will reimburse dealer for any & all false alarm fines or fees charged to the dealer. 20. Any changes in telephone services, companies, or methods are the customer's responsibility to notify the dealer or such changes. Customer also realizes that any such change may impair the alarm's ability to communicate with the central station. 21. Customer authorizes Dealer to charge the credit or debit card on file for any and all invoices outstanding on Customer's account. If customer becomes sixty (60) days past due on any invoice, Customer authorizes, agrees, and acknowledges that Dealer will charge the payment of the invoice plus late fees form any credit or debit card on file. If customer becomes ninety (90) days past due, at the Dealers discre- tion, Dealer may exercise the acceleration clause of the contract and charge the contract accelerated amount to the credit or debit card ad well 1. Priprity of Supplement: This Supplement s attached to a form agreement (the "Agreement") between the City of Milton, Georgia ("Client") and American Alarm Corporation, Inc., with its principal place of business at 304 Bombay Lane, Roswell, GA 30076 ("Dealer"). The provisions of the Supplement control over any contraiy provisions found in the Agreement and any other document that is incorporated by reference i ito the Agreement. 2. Services. The parties agree and acknowl dge that the Agreement is for monitoring services (rather than installation or purchase of products), and any references to Dealer's installation, repair, service, or provision of fire alarm products in the Agreement are inapplicable. With respect to paragraph 1 on the second pagv of the Agreement, the parties agree to strike the provision that "Dealer will not be responsible to monitor any devices for alarm or supervisory conditions that are not electrically connecte by Dealer." 3. Term of Agreement; Statutory Auto -Termination and Renewal: The initial term of this Agreement shall begin when fully signed by both parties and end after one year. Thereafter unless notice of nonrenewal is provided by either party to the other at least 30 days before the anniversary of the term, the Agreement shall renew each year for another one-year term, up to four times (for a maximum Agreement duration of five years). In addition to the provisions above, as required by O.C.G.A. § 36-60-13(a), the Agreement shall terminate absolutely and without further obligation on the part of Client at midnight each year o September 30 and immediately renew on October 1 until the Agreement expires or is terminate, absent Client's provision of written notice of non- renewal to Dealer by September 1. Title to any supplies, materials, equipment, or other personal property (if any should transfer) shall remain in Dealer until fully paid for by Client. 4. Limitation of Liability and Insurance. To the extent Dealer's liability for its own negligence or breach of contract are avoided or limited under the Agreement, and to the extent the Agreement purports to waive Client's right of recovery under the Agreement, those provisions are removed; provided, however, the parties agree that Dealer's liability arising out of the Agreement shall be limited to the available limits of its own insurance coverage. Dealer represents that it has, and agrees to maintain, a commercially -reasonable policy(ies) of insurance covering against negligent or otherwise wrongful acts arising out of its services provided in connection with the Agreement. 5. Warranty: Notwithstanding any disclaimer of warranty in the Agreement, Dealer agrees and warrants that it will exercise diligence and care in the performance of its services that is reasonable and customary in its industry. 6. Section 4: Section 4 on the second page of the Agreement is removed except for the third sentence ("Dealer assumes no responsibility for the termination of police or fire department response to alarms due to false alarms or an I other reasons."). 7. Sections 9 & 10: With respect to Secti parties agree that no part of the system is any portion of the system. 8. Nondiscrimination: In accordan e with Ti U.S.C. § 2000d, section 303 u the Age 6102, section 202 of the Americans with other provisions of federal law, Dealer agr for itself, its assignees and successors in applicant for employment, any subcontr, national origin, gender, age or disability. I implementing regulations and shall includ for services contemplated under the Agreet 9 & 10 on the second page of the Agreement, the ned by Dealer and Dealer may not remove or modify VI of the Civil Rights Act of 1964, as amended, 42 iscrimination Act of 1975, as amended, 42 U.S.C. § disabilities Act of 1990, 42 U.S.C. § 12132, and all ;s that, during performance of the Agreement, Dealer, terest, will not discriminate against any employee or :tor, or any supplier because of race, color, creed, addition, Dealer agrees to comply with all applicable the provisions of this paragraph in every subcontract Sovereign Immunity; Indemnification: Notling contained in this Agreement shall be construed to be a waiver of Client's sovereign immunitv or any individual's qualified, good faith or official immunities. No provision of the Agreeme t shall be construed to impose a contractual duty of defense, holding harmless, or indemnification upon the Client, and any provision in the Agreement calling for indemnity, holding harmless or defense by Client are hereby removed. 10. Taxes; Licenses: The parties agree that the Client is exempt from state sales and use tax, and Client will provide a certificate evidencing same upon request of Dealer. 11. Compliance with the Georgia Open Records Act: To the extent required by law, each party agrees to comply with the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.) and no confidentiality requirement in the Agreeme t shall impose any obligation inconsistent with the rights and duties created by that Act. 12. Ethics: Client and Dealer acknowledge that lit is prohibited for any person to offer, give, or agree to give any City of Milton employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Client and Dealer further acknowledge that i' 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 Dealer or any higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 13. 13-10-91, Client shall not entej into a cc Dealer shall provide evidence on the fort regarding compliance with the -Verify p of false swearing pursuant to O C.G.A. § with, are authorized to use and use the fey E -Verify, or any subsequent replacement and deadlines established in O.C.G.A. § 1 work authorization program throughout tl prior to executing this Agreement, execute Exhibit "A", and submitted such affidavit 1 the requirements of the federal Immigra 99-603, O.C.G.A. § 13-10-91 and Georgia ibited — E -Verify Affidavit: Pursuant to O.C.G.A. § itract for the physical performance of services unless is, attached hereto as Exhibits "A" and "B" (affidavits ogram to be sworn under oath under criminal penalty 6-10-71), that it and its subcontractors have registered era] work authorization program commonly known as rogram, in accordance with the applicable provisions t-10-91, and that they will continue to use the federal contract period. Dealer hereby verifies that it has, a notarized affidavit, the form of which is provided in ► Client. Further, Dealer hereby agrees to comply with ion Reform and Control Act of 1986 (IRCA), P.L. department of Labor Rule 300-10-1-.02. In the event Dealer employs or contracts with any subcontractor(s) in connection with the Agreement, Dealer agrees to secure from 5uch subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "B", which subcontractor affidavit shall become part of the Dealer/subcontractor agreement. If a subcontractor affidavit is obtained, Dealer agrees to provide a completed copy to Client within five (5) business days of receipt from any subcontractor. Dealer and Dealer'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. Dealer agrees that the employee -number category designated below is applicable to it: 500 or more employees _ 100 or more employees Fewer than 100 employees Dealer hereby agrees that, in the event Dealer employs or contracts with any subcontractor(s) in connection with the Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Defiler 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. 14. Authority to Contract: The individual executing the Agreement on behalf of each party covenants and warrants that he/she has obtained all necessary approvals of the necessary board of directors, stockholders, board of commissioners, general partners, limited partners or similar authorities to simultaneously execute and bind the party to the terms of the Agreement and this Supplement. IN WITNESS WHEREOF Client and Dealer have executed this Supplement, effective as of the effective date of the applicable Agreement. [SIGNATURES ON FOLLOWING PAGE] Attest/Witness: Print Name: Title: cf/;,./Ui' �\.-, 9, •• q Jv-\.c-�"l.,c, r(Asistant) Corporate Secretary" Attest: Signature: Tammy Lowit, City Clerk Am rican Alarm Corporation, Inc: Sig1 ature: Prin Name: _J;._C_._o�f-�r--��-•_-fi_t(_< _(_,��­ Titl : President [CORPORATE SEAL] .. ..... · .. :' : .... -,.__ \. .. ....... .-. .. ,,,. . ·.\ . - '. •,-.. -;_�·.,. . CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] ... ,., . - Agreement and Supplement Approved as to form: City Attorney Georgia Fulton ------------------------------ 295709 ------------------------ 08/08/2013 ------------------------------ ---------------------- "N/A" * City of Milton, Georgia is the proper "Client" name 1. DEALER agrees to install or cause to be installed in the premises of the CLIENT alarm equipment and devices and/or to provide a central monitored signalling system necessary to transmit signals from the premises of the CLIENT to the central monitoring station. Upon completion of installation DEALER will thoroughly instruct the CLIENT in the proper use of the Alarm System. DEALER will not be responsible to monitor any devices for alar or supervisory conditions that are not electrically connected by DEALER 2 After the initial ter, this Agreement shall automatically renew on a month to month basis unless either party shall give written notice of cancellation within thirty (30) days prior to the expiration of the original tern or nav renewal thereof. Upon Customer's default or cancellation of this Agreement, except for cancellation at the end of the initial ter or any renewal ter as provided for herein, in all services by DEALER will terminate, and all payments then due by CLIENT, or thereafter scheduled to become due through the initial term of this Agreement, or any renewal ter, shall accelerate and become imme- diately due and payable to DEALER. 3. DEALER shall have the right, at anytime, to increase the charges provided herein, to reflect any additional taxes, fees or charges relating to the services provided under the terms of this Agreement, which may hereafter be imposed on DEALER by any utility or government agency and CLIENT agrees to pay same So that DEALER may properly adjust its rates to meet changing cost DEALER may, at anytime after the expiration of one (1) year from the date of this Agreement, increase the monitoring/service charges. In the event the increase exceeds more than 10% and CLIENT is unwilling to pay the increased charges, CLIENTmay terminate this Agreement upon giving notice in writing to DEALER within thirty (30) days from the increase. CLIENT'S failure to notify DEALER within said thirty (30) days shall constitute CLIENT'S acceptance of the increase. 4. DEALER shall have the right to terminate this Agreement ten (10) days after written notice of nonpayment if CLIENT has failed to make timely payments during the term of the Agreement or if the CLIENT willfully or negligently causes repeated false alarms. Any cost incurred by DEALER as a result of a false alarm originating from CLIENT'S premises shall promptly be reimbursed to DEALER. DEALER assumes no responsibility for the termination of police or fire department response to alarms due to false alarms or any other reasons. In the event of any default of this Agreement by CLIENT, including a default for failure to pay monies due and owing to DEALER. CLIENT shall pay DEALER any and all damages or losses incurred by DEALER in connection with such default, including all cost and expenses incurred by DEALER in collecting any monies due and owing by CLIENT to DEALER hereunder, reasonable attorney's fees, cost, prejudgment, interest and any other reasonable and related expenses of collection, all without relief from valuation or appraisement. 5. DEALER agrees to cause the system to be monitored from the time CLIEN'r causes the system to be activated until CLIENT causes the system to be deactivated. Upon receipt of a signal indicating an unauthorized entry into CLIENT'S premises or an emergency, the operator will make every effort to identify the signal and, when warranted, will transmit notice of said signal to the local authority having jurisdiction. CLIENT agrees to give DEALER a list of names of all persons who shall have the right to enter the premises between any regularly scheduled times for opening and closing the premises and who maybe called upon for a key to enter CLIENTS premises during such periods. CLIENT will notify DEALER in writing of any changes. 6. ASSIGNMENT BY DEALER - DEALER shall have the right to assign this Agreement to any other person, firm or corporation without notice to subscriber and shall have the further right to subcontract any installation and/or services including monitoring which it may perform. Subscriber acknowledges that this Agreement, particularly those paragraphs relating to DEALER'S maximum liability, limited liability, disclaimer of warranties and Third Party indemnification inure to the henefit of and are applicable to any assignee and/or subcontractors of DEALER and that they bind CLIENT with respect to said assignee and/or subcontractors with the same force and effect as they bind CLIENT to DEALER. 7. DEALER reserves the right to employ outside monitoring facilities and/or guard response. CLIENT acknowledges that this Agreement and particularly those paragraphs relating to maximum liability, limited liability, disclaimers or warranties, liquidated damages, and indemnification, insure to the benefit of and are applicable to any outside monitoring facilities and/or guard response firms employed or contracted by DEALER, as well as to CLIENT, and that they bind CLIENT with respect to the monitoring facility and/or guard response in the same manner and with the same force and effect as they bind CLIENT to DEALER. 8. CLIENT hereby authorized and empowers DEALER, its agents or assigns, to install the aforesaid system in the designate premises, and to service the system and to make any necessary inspections, tests and repairs as required. CLIENT understands that alternative or additional protection can be installed at CLIENT'S request and expense. CLIENT acknowledges that DEALER has no way of knowing of the existence of hidden pipes, wires or other obstructions within walls or other concealed spaces, and it is CLIENT'S obligation to make DEALER aware of such conditions, failing which DEALER shall have no responsibility whatsoever for any damage that may be caused. The CLIENT agrees to furnish to the alarm panel any necessary electric current through CLIENT'S meter and at CLIENT'S expense. It is mutually agreed that the work of installation, repair or service by DEALER shall be performed between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m. exclusive of Saturdays, Sundays and holidays. 9. It is understood and agreed that DEALER may remove or upon written notice to CLIENT, abandon in whole or in part, the system, if owned by DEALER, and that upon termination of this Agreement DEALER can remove the system without obligation to repair or redecorate any portion of the CLIENT'S premises upon such removal, and that the removal or abandonment of such materials shall not be held to constitute a waiver of the right of DEALER to collect any charges which may have been accrued or ntay be accrued hereunder 10. This Agreement may be cancelled without previous notice, at the option of DEALER, in case the central station, connection link or equipment within the CLIENT'S premises are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, and may likewise be cancelled at the option to the CLIENT, in the event that the CLIENT'S premises is so destroyed or damaged or at any time in the event that DEALER is unable either to secure or retain the connections or privileges and DEALER shall not be liable for any damages or subject to any penalty as a result of such termination. Any advance payments made for service to be supplied subsequent to the date of such termination shall be refunded to C LIENT. CLIENT shall be responsible for maintaining insurance adequate to cover the replacement cost of DEALER'S equipment, which is in the care, custody, and control of the CLIENT. If. CLIENT agrees to perform systems checks on a monthly basis in order to ascertain the systems is properly functioning. C'1-IENT acknowledges that DEALER'S obligation hereunder relates solely to the services set forth above and to the service of the specified alarm system and that DEALER is in noway obligated to insure the operation of the system or to maintain or service CLIENT'S property or the property of others to which DEALER'S system is connected. Repairs shall be performed as soon as reasonably possible after receipt of notice by DEALER. CLIENT is solely responsible for proper maintenance of any devices utilizing batteries, or any sprinkler system including provision of heat where necessary and acknowledges that DEALER has no responsibility for the operation or non -operation of its equipment unless the sprinkler system is at all times in sound working order. 12. DEALER assumes no liability for delays in installation of the equipment or for interruptions of service due to strikes, riots, floods, fire, acts of God or any cause beyond the control of DEALER, including interruption of alarm transmission and will not be required to supply service to the CLIENT while interruption of service due to any such cause shall continue. CLIENT understands that alarm signals maybe transmitted by telephone, cable, radio or microwave, that all of these are outside the control of DEALER, and DEALER shall have no responsibility for any failure in transmission of alarm signals by any of the means. CLIENT agrees to immediately notify DEALER of any malfunction of the communication link used by this equipment. 13. LIMITATION OF DAMAGES A. It is understood and agreed by the parties hereto that DEALER is not an insurer and that insurance, if any, covering personal injury and property loss or damage on CLIENTS premises shall be obtained by CLIENT, that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of CLIENT'S property or the property of others located on CLIENT'S property or the property of others located on CL16N'r'S premises, that DEALER makes no guarantee, representation or of warranty or merchantability or fitness for particular purposes that the system or service supplied will avert or prevent occurrences or the consequences there from which the systems or service is intended to detect or avert. B. CLIENT acknowledges it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a failure to perform any DEALER'S obligations or a failure or malfunction in the system to properly operate because of, among other things, the uncertain amount or value of CLIENT'S property or the others which may be lost or damaged, the uncertainty of the response time of the police or other authority, the inability to ascertain what portion, if any, of any loss would he proximately caused by DEALER'S failure to perform any of its obligation of failure of its equipment to properly operate, the nature of the services to be performed by DEALER C. CLIENT understands and agrees that if DEALER should be found liable for any loss or damage due from a failure to perform any of its obligations or a failure of equipment to properly operate, DEALER'S liability shall be limited to a sum equal to the total of one -year's monitoring payments or five hundred dollars, whichever is lesser, and this liability shall be exclusive and shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property from performance or non-performance of any of DEALER'S obligations or from negligence, active or otherwise, of DEALER, its employees or agents D. In the event that the CLIENT wishes DEALER to assume greater liability, CLIENT may, as a matter of right, obtain from DEALER a higher limit by paying an additional amount to DEALER, and a rider shall be exclusive and shall be attached hereto setting forth such higher limit and additional amount, but this additional obligation shall in no way be interpreted to hold DEALER as an insurer. E. When CLIENT in ordinary course of business has the properly of other in its custody, or the alarm system extends to protect the persons of property of others, CLIENT agrees to and shall indemnify, defend and hold harmless DEALER, its employees and agents for and against all claims brought by owners of said property arising out of the DEALER service under this Agreement. This provision shall apply to all claims regardless of cause including DEALER'S performance or failure to perform and including defects in products, design, installation, service, operation or non -operation of the system whether based on negligence, —1- or passive, —press or implied centraet or warranty, contribution or indemnification. or strict or product liability on the past of DEALER, its employees or agents, but this provision shall not apply to claims for loss or damage solely and directly caused by employees of DEALER while on CLIENT'S premises. F. CLIENT acknowledges that the system installed is as requested and is suitable to his purpose, and unless defects or omissions are called to DEALER'S attention, in writing, within five (5) days after completion of installation. CLIENT accepts the system as is, CLIENT agrees to pay for any additions to the systems. 14. All claims, actions or proceedings, legal or equitable against DEALER must be commenced in court within one (I ) year after the cause of action has occurred or the act, omission or event occurred from which the claim, action or proceeding arises whichever is earlier, without judicial extension of time, or said claim, action or proceeding is barred time being of the essence of this paragraph. DEALER and CLIENT agree to waive trail by jury. 15. CLIENT acknowledges that the provisions of this Agreement, and particularly those paragraphs relating to disclaimer of warranties, limitation of liability and third -party indemnification, inure to the benefit of and are applicable to the Alarm equipment manufacturers, distributors and to any subcontractor engaged by DEALER to provide monitoring, maintenance, installation or service of the alarm system provided herein, and bind CLIENT to the Alarm equipment manufacturers, distributors, and to said subcontractors, or to the Department or other authority to which the alarm may be transmitted, with the same force and effect as the bind CLIENT to DEALER. CLIENT hereby waives his right of recovery for any loss covered b insurance on the premises or its contents to the extent permitted by any policy or law. . ,� ,+� A Ceex t.� S,+ tcvt.t.t S� P . 16. Itti�Awnl. This Agreement is not assignable by CLIENT except upon the written consent of DEALER first being obtained. (,�C,h + 17. It is mutually understood and agreed that any representation, promise, advertising or other statement, condition, inducement or warranty, expressed or implied, whether written or verbal, not included in writing in this Agreement shall not be binding upon any party and that the Agreement may not be altered, modified or otherwise changed at anytime except with the written consent of each of the parties hereto and in the form of an addendum to this Agreement. If any of the terms or conditions of this Agreement shall be declared invalid or inoperative all of the remaining terms and conditions shall remain in full force and effect. 18. If customer is a residential client, customer can terminate this agreement with a 30 day written notice and payment of: a) 3/4 of the remaining amount on the contractor b) $300.00 whichever is greater. 19 Dealer is not responsible, liable or accountable for any fines, charges, fees, complications or problems resulting from false alarms at customers location any municipality or any other entity that may or may not have been dispatched to customers location. All fines, fees, charges\and penalties are the sole responsibility of customer Customer will reimburse dealer for any & all false alarm fines or fees charged to the dealer. 20. Any changes in telephone services, companies, or methods are the customer's responsibility to notify the dealer or such changes. Customer also realizes that any such change may impair the alarm's ability to communicate with the central station. 21 Customer authorizes Dealer to charge the credit or debit card on file for any and all invoices outstanding on Customer's account. If customer becomes sixty (60) days past due on any invoice, Customer authorizes, agrees, and acknowledges that Dealer will charge the payment of the invoice plus late fees form any credit or debit card on file. If customer becomes ninety (90) days past due, at the Dealers discre- tion, Dealer may exercise the acceleration clause of the contract and charge the contract accelerated amount to the credit or debit card ad well. 1. Priprity of Supplement: This Supplement s attached to a form agreement (the "Agreement") between the City of Milton, Georgia ("Client") and American Alarm Corporation, Inc., with its principal place of business at 304 Bombay Lane, Roswell, GA 30076 ("Dealer"). The provisions of the Supplement control over any contraiy provisions found in the Agreement and any other document that is incorporated by reference i ito the Agreement. 2. Services. The parties agree and acknowl dge that the Agreement is for monitoring services (rather than installation or purchase of products), and any references to Dealer's installation, repair, service, or provision of fire alarm products in the Agreement are inapplicable. With respect to paragraph 1 on the second pagv of the Agreement, the parties agree to strike the provision that "Dealer will not be responsible to monitor any devices for alarm or supervisory conditions that are not electrically connecte by Dealer." 3. Term of Agreement; Statutory Auto -Termination and Renewal: The initial term of this Agreement shall begin when fully signed by both parties and end after one year. Thereafter unless notice of nonrenewal is provided by either party to the other at least 30 days before the anniversary of the term, the Agreement shall renew each year for another one-year term, up to four times (for a maximum Agreement duration of five years). In addition to the provisions above, as required by O.C.G.A. § 36-60-13(a), the Agreement shall terminate absolutely and without further obligation on the part of Client at midnight each year o September 30 and immediately renew on October 1 until the Agreement expires or is terminate, absent Client's provision of written notice of non- renewal to Dealer by September 1. Title to any supplies, materials, equipment, or other personal property (if any should transfer) shall remain in Dealer until fully paid for by Client. 4. Limitation of Liability and Insurance. To the extent Dealer's liability for its own negligence or breach of contract are avoided or limited under the Agreement, and to the extent the Agreement purports to waive Client's right of recovery under the Agreement, those provisions are removed; provided, however, the parties agree that Dealer's liability arising out of the Agreement shall be limited to the available limits of its own insurance coverage. Dealer represents that it has, and agrees to maintain, a commercially -reasonable policy(ies) of insurance covering against negligent or otherwise wrongful acts arising out of its services provided in connection with the Agreement. 5. Warranty: Notwithstanding any disclaimer of warranty in the Agreement, Dealer agrees and warrants that it will exercise diligence and care in the performance of its services that is reasonable and customary in its industry. 6. Section 4: Section 4 on the second page of the Agreement is removed except for the third sentence ("Dealer assumes no responsibility for the termination of police or fire department response to alarms due to false alarms or an I other reasons."). 7. Sections 9 & 10: With respect to Secti parties agree that no part of the system is any portion of the system. 8. Nondiscrimination: In accordan e with Ti U.S.C. § 2000d, section 303 u the Age 6102, section 202 of the Americans with other provisions of federal law, Dealer agr for itself, its assignees and successors in applicant for employment, any subcontr, national origin, gender, age or disability. I implementing regulations and shall includ for services contemplated under the Agreet 9 & 10 on the second page of the Agreement, the ned by Dealer and Dealer may not remove or modify VI of the Civil Rights Act of 1964, as amended, 42 iscrimination Act of 1975, as amended, 42 U.S.C. § disabilities Act of 1990, 42 U.S.C. § 12132, and all ;s that, during performance of the Agreement, Dealer, terest, will not discriminate against any employee or :tor, or any supplier because of race, color, creed, addition, Dealer agrees to comply with all applicable the provisions of this paragraph in every subcontract Sovereign Immunity; Indemnification: Notling contained in this Agreement shall be construed to be a waiver of Client's sovereign immunitv or any individual's qualified, good faith or official immunities. No provision of the Agreeme t shall be construed to impose a contractual duty of defense, holding harmless, or indemnification upon the Client, and any provision in the Agreement calling for indemnity, holding harmless or defense by Client are hereby removed. 10. Taxes; Licenses: The parties agree that the Client is exempt from state sales and use tax, and Client will provide a certificate evidencing same upon request of Dealer. 11. Compliance with the Georgia Open Records Act: To the extent required by law, each party agrees to comply with the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.) and no confidentiality requirement in the Agreeme t shall impose any obligation inconsistent with the rights and duties created by that Act. 12. Ethics: Client and Dealer acknowledge that lit is prohibited for any person to offer, give, or agree to give any City of Milton employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Client and Dealer further acknowledge that i' 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 Dealer or any higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 13. 13-10-91, Client shall not entej into a cc Dealer shall provide evidence on the fort regarding compliance with the -Verify p of false swearing pursuant to O C.G.A. § with, are authorized to use and use the fey E -Verify, or any subsequent replacement and deadlines established in O.C.G.A. § 1 work authorization program throughout tl prior to executing this Agreement, execute Exhibit "A", and submitted such affidavit 1 the requirements of the federal Immigra 99-603, O.C.G.A. § 13-10-91 and Georgia ibited — E -Verify Affidavit: Pursuant to O.C.G.A. § itract for the physical performance of services unless is, attached hereto as Exhibits "A" and "B" (affidavits ogram to be sworn under oath under criminal penalty 6-10-71), that it and its subcontractors have registered era] work authorization program commonly known as rogram, in accordance with the applicable provisions t-10-91, and that they will continue to use the federal contract period. Dealer hereby verifies that it has, a notarized affidavit, the form of which is provided in ► Client. Further, Dealer hereby agrees to comply with ion Reform and Control Act of 1986 (IRCA), P.L. department of Labor Rule 300-10-1-.02. In the event Dealer employs or contracts with any subcontractor(s) in connection with the Agreement, Dealer agrees to secure from 5uch subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "B", which subcontractor affidavit shall become part of the Dealer/subcontractor agreement. If a subcontractor affidavit is obtained, Dealer agrees to provide a completed copy to Client within five (5) business days of receipt from any subcontractor. Dealer and Dealer'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. Dealer agrees that the employee -number category designated below is applicable to it: 500 or more employees _ 100 or more employees Fewer than 100 employees Dealer hereby agrees that, in the event Dealer employs or contracts with any subcontractor(s) in connection with the Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Defiler 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. 14. Authority to Contract: The individual executing the Agreement on behalf of each party covenants and warrants that he/she has obtained all necessary approvals of the necessary board of directors, stockholders, board of commissioners, general partners, limited partners or similar authorities to simultaneously execute and bind the party to the terms of the Agreement and this Supplement. IN WITNESS WHEREOF Client and Dealer have executed this Supplement, effective as of the effective date of the applicable Agreement. [SIGNATURES ON FOLLOWING PAGE] Attest/Witness: Print Name: Title: cf/;,./Ui' �\.-, 9, •• q Jv-\.c-�"l.,c, r(Asistant) Corporate Secretary" Attest: Signature: Tammy Lowit, City Clerk Am rican Alarm Corporation, Inc: Sig1 ature: Prin Name: _J;._C_._o�f-�r--��-•_-fi_t(_< _(_,��­ Titl : President [CORPORATE SEAL] .. ..... · .. :' : .... -,.__ \. .. ....... .-. .. ,,,. . ·.\ . - '. •,-.. -;_�·.,. . CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] ... ,., . - Agreement and Supplement Approved as to form: City Attorney Georgia Fulton ------------------------------ 295709 ------------------------ 08/08/2013 ------------------------------ ---------------------- "N/A" *City of Milton, Georgia is the proper name for "Client" 1. DEALER agrees to install or cause to be installed in the premises of the CLIENT alarm equipment and devices and/or to provide a central monitored signalling system necessary to transmit signals from the premises of the CLIENT to the central monitoring station Upon completion of installation DEALER will thoroughly instruct the CLIENT in the proper use of the Alarm System. DEALER will not be responsible to monitor any devices for alarm or supervisory conditions that are not electrically connected by DEALER. 2. After the initial term, this Agreement shall automatically renew on a month to month basis unless either party shall give written notice of cancellation within thirty (30) days prior to the expiration of the original tern or nav renewal thereof Upon Customer's default or cancellation of this Agreement, except for cancellation at the end of the initial term or any renewal term as provided for herein, in all services by DEALER will terminate, and all payments then due by CLIENT, or thereafter scheduled to become dire through the initial term of this Agreement, or any renewal term, shall accelerate and become imme- diately due and payable to DEALER. 3. DEALER shall have the right, at anytime. to increasethe charges provided herein, to reflect any additional taxes, fees or charges relating to the services provided under the terms of this Agreement, which may hereafter be imposed on DEALER by any utility or government agency and CLIENT agrees to pay same So that DEALER may properly adjust its rates to meet changing cost DEALER may, at any time after the expiration of one (1) year from the date of this Agreement, increase the monitoring/service charges. In the event the increase exceeds more than 10% and CLIENT is unwilling to pay the increased charges, CLIENT may terminate this Agreement upon giving notice in writing to DEALER within thirty (30) days from the increase. CLIENT'S failure to notify DEALER within said thirty (30) days shall constitute CLIENT'S acceptance of the increase. 4. DEALER shall have the right to terminate this Agreement ten (10) days after written notice of nonpayment if CLIENT has failed to make timely payments during the term of the Agreement or if the CLIENT willfully or negligently causes repeated false alarms. Any cost incurred by DEALER as a result of a false alarm originating from CLIENT'S premises shall promptly be reimbursed to DEALER. DEALER assumes no responsibility for the termination of police or fire department response to alarms due to false alarms or any other reasons. In the event of any default of this Agreement by CLIENT, including a default for failure to pay monies due and owing to DEALER. CLIENT shall pay DEALER any and all damages or losses incurred by DEALER in connection with such default, including all cost and expenses incurred by DEALER in collecting any monies due and owing by CLIENT to DEALER hereunder, reasonable attorney's fees, cost, prejudgment, interest and any other reasonable and related expenses of collection, all without relief from valuation or appraisement. 5. DEALER agrees to cause the system to be monitored from the time CLIENT causes the system to be activated until CLIENT causes the system to be deactivated. Upon receipt of a signal indicating an unauthorized entry into CLIENT'S premises or an emergency, the operator will make every effort to identify the signal and, when warranted, will transmit notice of said signal to the local authority having jurisdiction. CLIENT agrees to give DEALER a list of names of all persons who shall have the right to enter the premises between any regularly scheduled times for opening and closing the premises and who maybe called upon for a key to enter CLIENTS premises during such periods. CLIENT will notify DEALER in writing of any changes. 6. ASSIGNMENT BY DEALER - DEALER shall have the right to assign this Agreement to any other person, firm or corporation without notice to subscriber and shall have the further right to subcontract any installation and/or services including monitoring which it may perform. Subscriber acknowledges that this Agreement, particularly those paragraphs relating to DEALER'S maximum liability, limited liability, disclaimer of warranties and Third Party indemnification inure to the benefit of and are applicable to any assignee and/or subcontractors of DEALER and that they bind CLIENTwith respect to said assignee and/or subcontractors with the same force and effect as they bind CLIENT to DEALER. 7. DEALER reserves the right to employ outside monitoring facilities and/or guard response. CLIENT acknowledges that this Agreement and particularly those paragraphs relating to maximum liability, limited liability, disclaimers or warranties, liquidated damages, and indemnification, insure to the benefit of and are applicable to any outside monitoring facilities and/or guard response firms employed or contracted by DEALER, as well as to CLIENT, and that they bind CLIENT with respect to the monitoring facility en(Dor guard response in the same manner and with the same force and effect as they bind CLIENT to DEALER. 8. CLIENT hereby authorized and empowers DEALER, its agents or assigns, to install the aforesaid system in the designate premises, and to service the system and to make any necessary inspections, tests and repairs as required. CLIENT understands that alternative or additional protection can be installed at CLIENT'S request and expense. CLIENT acknowledges that DEALER has no way of knowing of the existence of hidden pipes, wires or other obstructions within walls or other concealed spaces, and it is CLIENT'S obligation to make DEALER aware of such conditions, failing which DEALER shall have no responsibility whatsoever for any damage that may be caused. The CLIENT agrees to furnish to the alarm panel any necessary electric current through CLIENT'S meter and at CLIENT'S expense. It is mutually agreed that the work of installation, repair or service by DEALER shall be performed between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m. exclusive of Saturdays, Sundays and holidays. 9. It is understood and agreed that DEALER may remove or upon written notice to CLIENT, abandon in whole or in part, the system, if owned by DEALER, and that upon termination of this Agreement DEALER can remove the system without obligation to repair or redecorate any portion of the CLIENT'S premises upon such removal, and that the removal or abandonment of such materials shall not be held to constitute a waiver of the right of DEALER to collect any charges which may have been accrued or may be accrued hereunder 10. This Agreement maybe cancelled without previous notice, at the option of DEALER, in case the central station, connection link or equipment within the CLIENT'S premises are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, and may likewise be cancelled at the option to the CLIENT, in the event that the CLIENT'S premises is so destroyed or damaged or at any time in the event that DEALER is unable either to secure or retain the connections or privileges and DEALER shall not be liable for any damages or subject to any penalty as a result of such termination. Any advance payments made for service to be supplied subsequent m the date of such termination shall hr refunded to C LIE:N'. CLIENT shall be responsible for maintaining insurance adequate to cover the replacement cost of DEALER'S equipment, which is in the care, custody, and control of the CLIENT. 11. CLIENT agrees to perform systems checks on a monthly basis in order to ascertain the systems is properly functioning. CLIENT acknowledges that DEALER'S obligation hereunder relates solely to the services set forth above and to the service of the specified alarm system and that DEALER is in noway obligated to insure the operation of the system or to maintain or service CLIENT'S property or the property of others to which DEALER'S system is connected. Repairs shall be performed as soon as reasonably possible after receipt of notice by DEALER. CLIENT is solely responsible for proper maintenance of any devices utilizing batteries, or any sprinkler system including provision of heat where necessary and acknowledges that DEALER has no responsibility for the operation or non-operation of its equipment unless the sprinkler system is at all times in sound working order. 12. DEALER assumes no liability for delays in installation of the equipment or for interruptions of service due to strikes, riots, floods, fire, acts of God or any cause beyond the control of DEALER, including interruption of alarm transmission and will not be required to supply service to the CLIENT while interruption of service due to any such cause shall continue. CLIENT understands that alarm signals may be transmitted by telephone, cable, radio or microwave, that all of these are outside the control of DEALER, and DEALER shall have no responsibility for any failure in transmission of alarm signals by any of the means. CLIENT agrees to immediately notify DEALER of any malfunction of the communication link used by this equipment. 13. LIMITATION OF DAMAGES A. It is understood and agreed by the parties hereto that DEALER is not an insurer and that insurance, if any, covering personal injury and property loss or damage on CLIENTS premises shall he obtained by CLIENT, that the payments provided for herein toe based solely on the value of the service as set forth herein and are unrelated to the value of CLIENT'S property or the property of others located on CLIENT'S property or the property of others located on CLIENT'S preouscs, Chao DEALER makes no guarantee. representation or of warranty or merchantability or fitness for particular purposes that the system or service supplied will avert or prevent occurrences or the consequences there from which the systems or service is intended to detect or avert. B. CLIENT acknowledges it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a failure to perform any DEALER'S obligations or a failure or malfunction in the system to properly operate because of, among other things, the uncertain amount or value of CLIENT'S property or the others which maybe lost or damaged, the uncertainty of the response time of the police or other authority, the inability to ascertain what portion, if any, of any loss would be proximately caused by DEALER'S failure to perform any of its obligation of failure of its equipment to properly operate, the nature of the services to be performed by DEALER C. CLIENT understands and agrees that if DEALER should be found liable for any loss or damage due from a failure to perform any of its obligations or a failure of equipment to properly operate, DEALER'S liability shall be limited to a sum equal to the total of one-year's monitoring payments or five hundred dollars, whichever is lesser, and this liability shall be exclusive and shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or properly from performance or non-performance of any of DEALER'S obligations or from negligence, active or otherwise, of DEALER, its employees or agents D. In the event that the CLIENT wishes DEALER to assume greater liability, CLIENT may, as a matter of right, obtain from DEALER a higher limit by paying an additional amount to DEALER, and a rider shall be exclusive and shall be attached hereto setting forth such higher limit and additional amount, but this additional obligation shall in no way be interpreted to hold DEALER as an insurer. E. When CLIENT in ordinary course of business has the property of other in its custody, or the alarm system extends to protect the persons of property of others, CLIENT agrees to and shall and against all claims brought by owners of said property arising out of the DEALER service under this Agreement. This indemnify, defend and hold harmless DEALER, its employees and agents for e perform and including defects in products, design, installation, service, operation or non-operation of provision shall apply to all claims regardless of cause including DEALER'S performance or fail or the system whether based on negligence, active or passive, expre:1 or implied contract or warranty. ° ntribution or indemnification, or strict or product liability on the past of DEALER, its employees or agents, but this provision shall not apply to claims for loss or damage solely and directly caused by employees of DEALER while on CLIENT'S premises. F. CLIENT acknowledges that the system installed is as requested and is suitable to his purpose, and unless defects or omissions are called to DEALER'S attention, in writing, within five (5) days after completion of installation. CLIENT accepts the system as is, CLIENT agrees to pay for any additions to the systems. 14. All claims, actions or proceedings, legal or equitable against DEALER must he commenced in court within one (1) year after the cause of action has occurred or the act, omission or event occurred from which the claim, action or proceeding arises whichever is earlier, without judicial extension of time, or said claim, action or proceeding is barred time being of the essence of this paragraph. DEALER and CLIENT agree to waive trail by jury. 15. CLIENT acknowledges that the provisions of this Agreement, and particularly those paragraphs relating to disclaimer of warranties, limitation of liability and third-party indemnification, inure to the benefit of and are applicable to the Alarm equipment manufacturers, distributors and to any subcontractor engaged by DEALER to provide monitoring, maintenance, installation or service of the alarm system provided herein, and bind CLIENT to the Alarm equipment manufacturers, distributors, and to said subcontractors, or to the Department or other authority to which the alarm may be transmitted, with the same force and effect as the bind CLIENT to DEALER. CLIENT hereby waives his right of recovery for any loss covered by insurance on the premises or its contentstothe extent permitted by any policy or by law. _ ` ` .�. •� 4441C "C` S 4Pp Irk.$.>r1- y Iter;- (5 CII — C :L� be F t ., h'. A C 16. _iWhis A;;;;mrwt. This Agreement is not assignable by CLIENT except upon the written consent of DEALER first being obtained. *ke 17. It is mutually understood and agreed that any representation, promise, advertising or other statement, condition, inducement or warranty, expressed _o/r_implied, whether written or verbal, not included in writing in this Agreement shall not be binding upon any party and that the Agreement may not be altered, modified or otherwise changed at any time except with the written consent of each of the parties hereto and in the form of an addendum to this Agreement. If any of the terms or conditions of this Agreement shall be declared invalid or inoperative all of the remaining terms and conditions shall remain in full force and effect. 18. If customer is a residential client, customer can terminate this agreement with a 30 day written notice and payment of: a) 3/4 of the remaining amount on the contractor b) $300.00 whichever is greater. 19. Dealer is not responsible, liable or accountable for any fines, charges, fees, complications or problems resulting from false alarms at customers location any municipality or any other entity that may or may not have been dispatched to customers location. All fines, fees, charges\and penalties are the sole responsibility of customer. Customer will reimburse dealer for any & all false alarm fines or fees charged to the dealer 20. Any changes in telephone services, companies, or methods are the customer's responsibility to notify the dealer or such changes. Customer also realizes that any such change may impair the alarm's ability to communicate with the central station. 21. Customer authorizes Dealer to charge the credit or debit card on file for any and all invoices outstanding on Customer's account. If customer becomes sixty (60) days past due on any invoice, Customer authorizes, agrees, and acknowledges that Dealer will charge the payment of the invoice plus late fees form any credit or debit card on file. If customer becomes ninety (90) days past due, at the Dealers discre- tion, Dealer may exercise the acceleration clause of the contract and charge the contract accelerated amount to the credit or debit card ad well 1. Priprity of Supplement: This Supplement s attached to a form agreement (the "Agreement") between the City of Milton, Georgia ("Client") and American Alarm Corporation, Inc., with its principal place of business at 304 Bombay Lane, Roswell, GA 30076 ("Dealer"). The provisions of the Supplement control over any contraiy provisions found in the Agreement and any other document that is incorporated by reference i ito the Agreement. 2. Services. The parties agree and acknowl dge that the Agreement is for monitoring services (rather than installation or purchase of products), and any references to Dealer's installation, repair, service, or provision of fire alarm products in the Agreement are inapplicable. With respect to paragraph 1 on the second pagv of the Agreement, the parties agree to strike the provision that "Dealer will not be responsible to monitor any devices for alarm or supervisory conditions that are not electrically connecte by Dealer." 3. Term of Agreement; Statutory Auto -Termination and Renewal: The initial term of this Agreement shall begin when fully signed by both parties and end after one year. Thereafter unless notice of nonrenewal is provided by either party to the other at least 30 days before the anniversary of the term, the Agreement shall renew each year for another one-year term, up to four times (for a maximum Agreement duration of five years). In addition to the provisions above, as required by O.C.G.A. § 36-60-13(a), the Agreement shall terminate absolutely and without further obligation on the part of Client at midnight each year o September 30 and immediately renew on October 1 until the Agreement expires or is terminate, absent Client's provision of written notice of non- renewal to Dealer by September 1. Title to any supplies, materials, equipment, or other personal property (if any should transfer) shall remain in Dealer until fully paid for by Client. 4. Limitation of Liability and Insurance. To the extent Dealer's liability for its own negligence or breach of contract are avoided or limited under the Agreement, and to the extent the Agreement purports to waive Client's right of recovery under the Agreement, those provisions are removed; provided, however, the parties agree that Dealer's liability arising out of the Agreement shall be limited to the available limits of its own insurance coverage. Dealer represents that it has, and agrees to maintain, a commercially -reasonable policy(ies) of insurance covering against negligent or otherwise wrongful acts arising out of its services provided in connection with the Agreement. 5. Warranty: Notwithstanding any disclaimer of warranty in the Agreement, Dealer agrees and warrants that it will exercise diligence and care in the performance of its services that is reasonable and customary in its industry. 6. Section 4: Section 4 on the second page of the Agreement is removed except for the third sentence ("Dealer assumes no responsibility for the termination of police or fire department response to alarms due to false alarms or an I other reasons."). 7. Sections 9 & 10: With respect to Secti parties agree that no part of the system is any portion of the system. 8. Nondiscrimination: In accordan e with Ti U.S.C. § 2000d, section 303 u the Age 6102, section 202 of the Americans with other provisions of federal law, Dealer agr for itself, its assignees and successors in applicant for employment, any subcontr, national origin, gender, age or disability. I implementing regulations and shall includ for services contemplated under the Agreet 9 & 10 on the second page of the Agreement, the ned by Dealer and Dealer may not remove or modify VI of the Civil Rights Act of 1964, as amended, 42 iscrimination Act of 1975, as amended, 42 U.S.C. § disabilities Act of 1990, 42 U.S.C. § 12132, and all ;s that, during performance of the Agreement, Dealer, terest, will not discriminate against any employee or :tor, or any supplier because of race, color, creed, addition, Dealer agrees to comply with all applicable the provisions of this paragraph in every subcontract Sovereign Immunity; Indemnification: Notling contained in this Agreement shall be construed to be a waiver of Client's sovereign immunitv or any individual's qualified, good faith or official immunities. No provision of the Agreeme t shall be construed to impose a contractual duty of defense, holding harmless, or indemnification upon the Client, and any provision in the Agreement calling for indemnity, holding harmless or defense by Client are hereby removed. 10. Taxes; Licenses: The parties agree that the Client is exempt from state sales and use tax, and Client will provide a certificate evidencing same upon request of Dealer. 11. Compliance with the Georgia Open Records Act: To the extent required by law, each party agrees to comply with the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.) and no confidentiality requirement in the Agreeme t shall impose any obligation inconsistent with the rights and duties created by that Act. 12. Ethics: Client and Dealer acknowledge that lit is prohibited for any person to offer, give, or agree to give any City of Milton employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Client and Dealer further acknowledge that i' 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 Dealer or any higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 13. 13-10-91, Client shall not entej into a cc Dealer shall provide evidence on the fort regarding compliance with the -Verify p of false swearing pursuant to O C.G.A. § with, are authorized to use and use the fey E -Verify, or any subsequent replacement and deadlines established in O.C.G.A. § 1 work authorization program throughout tl prior to executing this Agreement, execute Exhibit "A", and submitted such affidavit 1 the requirements of the federal Immigra 99-603, O.C.G.A. § 13-10-91 and Georgia ibited — E -Verify Affidavit: Pursuant to O.C.G.A. § itract for the physical performance of services unless is, attached hereto as Exhibits "A" and "B" (affidavits ogram to be sworn under oath under criminal penalty 6-10-71), that it and its subcontractors have registered era] work authorization program commonly known as rogram, in accordance with the applicable provisions t-10-91, and that they will continue to use the federal contract period. Dealer hereby verifies that it has, a notarized affidavit, the form of which is provided in ► Client. Further, Dealer hereby agrees to comply with ion Reform and Control Act of 1986 (IRCA), P.L. department of Labor Rule 300-10-1-.02. In the event Dealer employs or contracts with any subcontractor(s) in connection with the Agreement, Dealer agrees to secure from 5uch subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "B", which subcontractor affidavit shall become part of the Dealer/subcontractor agreement. If a subcontractor affidavit is obtained, Dealer agrees to provide a completed copy to Client within five (5) business days of receipt from any subcontractor. Dealer and Dealer'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. Dealer agrees that the employee -number category designated below is applicable to it: 500 or more employees _ 100 or more employees Fewer than 100 employees Dealer hereby agrees that, in the event Dealer employs or contracts with any subcontractor(s) in connection with the Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Defiler 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. 14. Authority to Contract: The individual executing the Agreement on behalf of each party covenants and warrants that he/she has obtained all necessary approvals of the necessary board of directors, stockholders, board of commissioners, general partners, limited partners or similar authorities to simultaneously execute and bind the party to the terms of the Agreement and this Supplement. IN WITNESS WHEREOF Client and Dealer have executed this Supplement, effective as of the effective date of the applicable Agreement. [SIGNATURES ON FOLLOWING PAGE] Attest/Witness: Print Name: Title: cf/;,./Ui' �\.-, 9, •• q Jv-\.c-�"l.,c, r(Asistant) Corporate Secretary" Attest: Signature: Tammy Lowit, City Clerk Am rican Alarm Corporation, Inc: Sig1 ature: Prin Name: _J;._C_._o�f-�r--��-•_-fi_t(_< _(_,��­ Titl : President [CORPORATE SEAL] .. ..... · .. :' : .... -,.__ \. .. ....... .-. .. ,,,. . ·.\ . - '. •,-.. -;_�·.,. . CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] ... ,., . - Agreement and Supplement Approved as to form: City Attorney Georgia Fulton ------------------------------ 295709 ------------------------ 08/08/2013 ------------------------------ ---------------------- "N/A" CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 24, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Task Order with Pond & Company to Provide Engineering Design Services and Construction Administration for Morris Road Widening MEETING DATE: Monday, March 1, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X March 1, 2021 X To: Honorable Mayor and City Council Members From: Robert W. Drewry, Public Works Director Date: Submitted on February 22, 2021 for the March 1, 2021 Regular City Council Meeting Agenda Item: Approval of a Task Order with Pond & Company to Provide Engineering Design Services and Construction Administration for Morris Road Widening _____________________________________________________________________________________ Project Description: The City of Milton issued an RFP for engineering and design services including the Big Creek Greenway Trail Connection and the Morris Road Widening Projects. This task order is for the preliminary engineering design services on the TSPLOST Morris Road Widening Project and includes preliminary plans, right of way plans, final plans, miscellaneous services and construction administration. The underway McGinnis Ferry Road Interchange with SR 400 project includes widening of McGinnis Ferry Road to Bethany Bend where McGinnis Ferry Road becomes Morris Road. This project is proposed to tie into the McGinnis Ferry project widening and continue to the south/west to tie into the four-lane section of Morris Road at Webb Road. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 335-4101-541400010 Requisition Total: $455,621.45 Vendor DBA: Pond & Company Financial Review: Bernadette Harvill, February 23, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – February 20, 2021 Attachment(s): Task Order HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' 4ILTONIt ESTABLISHED 2006 TASK ORDER #3 TO PROVIDE PRELIMINARY ENGINEERING FOR MORRIS ROAD WIDENING 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 Preliminary Engineering services will consist of preliminary design plans, right of way plans, final construction plans, miscellaneous services, and construction administration. The final concept attached as Exhibit "A" will be the basis for the design. Pond will provide all labor, materials, and equipment necessary to assist the City of Milton in completing the tasks. A more complete description of services is found in Exhibit "A". Timing: This task order will be completed wn twelve (12) months of notice to proceed by the City. The proposed schedule in Exhibit A shall be modified to reflect the actual notice to proceed date given by the City. Compensation: This task order shall not exceed $455,621.45 based upon the rates that are part of the Agreement. Attachments: Exhibit "A" Pond Proposal letter dated February 10, 2021 Attachment 1. Final Concept Layout Attachment 2. Project Schedule See following page for signatures. 1 CITY OP MILTON: By: Title: CONSULTANT: Pond & Company, Inc. for Vice President Name: Name: James McNabb Date: Approved by City Council Mayor Date Approved as to form: City Attorney Date: 2/22/2021 2 3500 Parkway Lane, Suite 500 T: 678.336.7740 I F: 678.336.7744 Peachtree Corners, Georgia 30092 www,pondco.com February 10, 2021 Sara Leaders, P.E. Transportation Engineer City of Milton 2006 Heritage Walk Milton, GA 30004 RE: Morris Road Widening Professional Design Services Fee Proposal —Task Order #3 Pond &Company (Pond) is pleased to submit this proposal for transportation engineering and design services for the above project. The paragraph below describes the professional services and fees to accomplish the work. PROJECT UNDERSTANDING: Morris Road from Webb Road to Bethany Bend is an important three -lane collector road within the City of Milton. The road connects Windward Parkway and neighborhoods to McGinnis Ferry and the new intersection with SR 400, as well as connections with many other destinations for school, work, dining, and shopping. The limits include the roundabout at Webb Road and Deerfield Avenue through to the intersection with Bethany Bend. The preferred concept has been completed and has been included as Attachment 1. Our understanding is the City of Milton will locally fund the design and construction of the roadway improvement through the City's TSPLOST program. PROFESSIONAL SERVICES: Task Order #3 The work will consist of design and additional services, including preliminary design, Right of Way plans, and final design including final stamped submittal. This will also include environmental services, geotechnical investigations, FEMA coordination, landscaping, lighting, and Construction Administration services. Pond will provide all labor, materials, and equipment necessary to assist the City of Milton in completing the tasks as described herein. Scope of Work Phase 1: Preliminary Pla The preliminary plans will further develop the approved concept and be based on surveyed data. The plans will be completed with AASHTO and GDOT standard design requirements. This phase will also include miscellaneous services as approved by the City. The preliminary plans phase will conclude with a review by the City. It is very important that we understand early in the preliminary design process how we will coordinate the design of the multi -use trail at the end of the project around the Camp Creek crossing. This will have a major City of Milton - Morris Road Scope Task Order #3 1 Page 2 impact on the design moving forward, in terms of schedule and potential additional needs based on the design requirements. Preliminary Plans Phase Includes: • Project Management • QAQC o We will complete two internal reviews (one for geometric design and another before preliminary plan submittal to the City) • Geometric Design o Horizontal alignments laid according to the approved concept (all existing horizontal meets 35 mph speed design) ■ The roadway will designed for 13 inches of FDR overlayed with 2 inches of 19 mm and 1.5 inches of 9.5 mm topping as prescribed by the City ■ The roadway will be designed as an overlay to meet appropriate superelevation rates and leveling may be necessary to correct any out -of -range existing rates; variable rates (between 1.50% and 2.50%) could be used in an effort to reduce leveling requirements o Vertical alignments to match existing grades (dealing with SE and sub -standard vertical curves?) ■ due to the nature of the design of overlay, the minimum overlay and cross section requirements will determine the vertical alignment and a best fit will be completed to ensure a smooth profile ■ the current vertical alignment near Lathene Drive does not meet speed design, the design will be completed to provide leveling at this roadway section to provide a standard k -value to meet the speed design • Roundabout Design at the intersection of Webb Road and Morris Road o Preliminary design including geometric layout and design checks (intersection sight distance, design vehicle turning templates, and fastest path analysis) • Drainage Design o Urban drainage design closed system; not including MS4 analysis or design • Driveway Profiles • Signing and Marking • Signal Design o The design will include a signal modification at the intersection of Morris Road at Bethany Bend. This will include reviews from both the City of Milton, as well as Forsyth County (maintaining agency). Services not included are ITS Plans and additional traffic analysis. • Staging o Initial layout to determine feasibility, plan view only • Wall Profiles o Siting of standard walls as determined by GDOT and that do not require structural design • Preliminary Right of Way o Initial layout to review impacts and constructability and provide for cost estimate • Preliminary Erosion Control • Utility Coordination • Construction Cost Estimate • Preliminary Field Plan Review City of Milton - Morris Road Scope Task Order #3 1 Page 3 o A review by the City of Milton with comments summarized, this can be a formal in-person meeting or a review by the City and comments sent to Pond • Additional Coordination o MARTA coordination o Sawnee Lighting coordinaiton • Determination of design for Camp Creek crossing with multi -use trail The preliminary plans will be designed to match the existing grade and profile of the roadway along Morris Road wherever possible with a design speed of 35 mph. The majority of the widening will be to the east of the existing roadway. This may require additional leveling for cross slope correction however we do not anticipate major grade changes. Cross slope correction will be kept at a minimum in order to reduce the leveling but will be verified that there is appropriate drainage. It is not anticipated that any work within the FEMA regulated floodplain at Camp Creel< will be required. Along the tributary to Camp Creek at Lathene Drive, FEMA coordination is anticipated due to the roadway widening and culvert extension or replacement; this FEMA coordination is identified as a miscellaneous service to be approved by the City. Drainage design for the project will be prepared with the intent of maintaining existing drainage patterns and outfalls. The design will include an enclosed drainage system to convert the surface drainage that will be collected along the curb and gutter to the existing outfalls. Wall profiles will include the design of GDOT standard walls, not MSE walls or other engineered walls requiring structural design. The staging plans will include plan view and review for locations of significant vertical changes (greater than 1 foot). The preliminary plan phase will include a submittal to the City for review and subsequent meeting to discuss comments. We will respond to 1 round of comments. Comments received at this meeting will be addressed and incorporated in the final plans phase. Phase II: ROW Plans Right of Way plans will be completed following GDOT standard design requirements and documentation. This will include a right of way set of plans with plan view and text tables for all proposed right of way and easements. It is assumed that approximately half of the parcels will need some plan revisions for right of way adjustments during negotiations. Pond's Project Manager and Engineers will be available for property owners' meetings; these meeting to include only the (12) property owners affected by the project as determined in the concept phase. The scope and fee do not include cost to cure drawings/exhibits or redesign of adjacent parcels. Phase III: Final Plans The final plans will take the comments from preliminary plans review and finalize the engineering plans. This phase will also include completion of the miscellaneous services as approved by the City. The final plans phase will conclude with a plan review by the City. Final Plans Phase Includes: City of Milton - Morris Road Scope Task Order #3 1 Page 4 • Project Management • QAQC o We will complete two internal reviews (one review to verify that all preliminary design and ROW changes have been completed, and another before final plan submittal to the City) • Final Geometric Design • Final Roundabout Design o Final design and grading plans • Final Drainage Design • Final Driveway Profiles • Final Signing and Marking • Final Signal Design o Traffic signal designs described in Phase 1 will further be refined to be suitable for construction. These plans will include incorporation of concept plan comments. This will include reviews from both the City of Milton, as well as Forsyth County (maintaining agency). Services not included are ITS Plans and additional traffic analysis. • Final Staging o Completion of staging plan view and cross sections for locations of significant vertical changes (greater than 1 foot). • Final Wall Profiles • Final Erosion Control • 2"d Utility Coordination to include relocation of impacted utilities • Construction Cost Estimate • Final Field Plan Review • Additional Coordination o MARTA coordination o Lighting coordiation The final plans will conclude with a submittal to the City for review and subsequent meeting to discuss comments. The changes will be completed and then resubmitted to the City for a last vercation before stamped plans are issued. These stamped plans will be used for the Bid Plans. Pond assumes that the City will provide the bid document and will host the bidding for the project. Pond will be available to answer questions from contractors during the bidding phase. Phase IV: Miscellaneous Services This Phase includes multiple miscellaneous services including the following: Environmental Documentation • Environmental services to be kicked off with preliminary design • This will include plan reviews and coordination with the lead engineer and design of the project to ensure this meets requirements for permits. It will include the Corps Permit and GA EPD Buffer Variance. This does not include onsite meetings with regulators, species-specific surveys, cultural resources surveys, purchase cost of mitigation credits, mitigation design plans or Phase I Environmental Site Assessments City of Milton - Morris Road Scope Task Order #3 1 Page 5 Landscape Design • Task 1: provide landscaping design for raised median sections (service to coincide with preliminary design phase) and roundabout Geotechnical Investigations • This will include a soil survey that will be completed in accordance with GDOT standards Hydrology and FEMA coordination • Hydrology and FEMA coordination services to be kicked off with preliminary design phase • It is assumed that there will be no encroachment into the Camp Creek floodzone or floodplain. Hydrology will be reviewed for the existing culvert near Lathene Drive to verify that the existing pipe size is appropriate. The culvert can be replaced or extended per the City's determination, however, pipe inspection is not scoped. FEMA coordination will be required due to the widening and fill within the FEMA floodzone and floodplain at this location. The hydrologic model will be completed and coordinated with the City or County as appropriate. Any adjustments to the flood maps will be completed and coordinated through FEMA for approval. ROW Staking • Provide staking based on approved ROW plans. Assuming 20% re -staking Phase V: Construction Administration Pond will assist the City during the bid phase by preparing all necessary special provisions, opinion of probable cost, and attend a pre-bid meeting. It is assumed that the City has their own bid documents Cl"d will advertise the project. During the bidding process, Pond will be available to provide answers on the construction plans and during construction, Pond will respond to ten (10) contractor's RFIs (request for information). We will prepare for and attend the pre -construction meeting to answer questions. During the construction phase, Pond will assist the City by periodically visiting, 1 site visit per month for 18 months, the site during construction to observe that the design intent is being executed. Services requiring additional Notice to Proceed: Bridge/Structural Design • Bridge and Structural could be completed in order to provide services needed to implement a pedestrian bridge along the northwest side of the roadway to connect the proposed trail across Camp Creek City of Milton - Morris Road Scope Task Order #3 1 Page 6 Geotechnical Investigations • A BFI may be required for specific drilling needs at the location of a proposed pedestrian bridge over Camp Creek, to be determined by the City • No UST (underground storage tank) investigations are included; no pavement evaluation summary MS4 Design • Preliminary MS4 Design services (tasked later) to be kicked off with preliminary design • preliminary design phase —this phase will determine the full extent of the requirements for post construction BMPs for water quality volume only. The volumes will be documented, initial sizing completed, and cost estimate/impact analysis completed. It is assumed that an infiltration test is not required when determining the type of BMP to use; GDOT policy will be followed when calculating the volumes and sizing the BMPs o designed with vegetative swale or pond per past conversations with the City • Final MS4 Design services to be tasked only with approval from City to move forward (should be completed as soon as possible, or early in final design phase) • Final design phase —this phase will include location siting, grading, and implementation into the proposed drainage system and include design of OCS (outfall control structure), assumed a maximum of 4 post construction BMPs o This task could be approved once the City has determined if post construction BMPs are to be provided on the project; would be recommended to be a part of the preliminary design phase to ensure appropriate impacts are captured and ROW areas are determined o Landscaping design can be included if requested by the City Landscaping Design • Provide landscaping plans to replace buffer areas Schedule Pond has estimated that all tasks above will be completed within 12 months from notice to proceed. See attached estimated design schedule included as Attachment #2. This assumes 2 -week review time for submittals to the City. ASSUMPTIONS and EXCLUSIONS Services or tasks not specifically outlined above are excluded. No additional coordination or permitting is included in this task order. CE&I services are not being provided. Lighting Design by Pond will be excluded, this task to be performed by others. PROFESSIONAL FEES Pond proposed to accomplish this task order for a proposed total lump sum fee of $455,621.45. Fee Breakdown: • Phase I: Preliminary Plans • Phase II: ROW Plans • Phase III: Final Plans • Phase IV: Misc. Services o Environmental Documentation o Landscape Design o Geotechnical Engineering o Hydrology and FEMA Coordination o ROW Staking • Phase V: Construction Administration City of Milton - Morris Road Scope Task Order #3 1 Page 7 $167,424.84 $24,257.66 $1381372.22 $21,459.78 $9,041.93 $14,025.00 $15,005.38 $21,780.00 $44,254.64 Pond &Company is available to being work immediately in issuance of a signed Notice to Proceed. This to be executed under Contract RFP #19-PW08. If you have any questions or need additional information, please feel free to contact me at (470) 387-8949. Sincerely, James McNabb, PE Senior Vice President, Transportation Manager CC; Daniel R. Sabia, III, PE Attachments: 1. Concept layout 2. Project schedule for Task Order #3 No Text e3 c ~ � N N n > u 2 — F N o� mf m N N u ~ O N a` N3 a N N a <LL u O — F l= 3 f � 2 T 1T O —MRE O r E E E m ir Ill N LL O O f I N > III --d'O T a @ m o T Z Z IL a H a a N >. 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' �a �a'O'a �a v v m ma v v m m m N v ma N m,m '00 ..m y m m m a c 3 ', a a a a a a a l v m 'o a a v a -a M --- M In o 0 o o o .a , o o o In o o o ❑ m vl m .-I O '-I IH m m C4 ti O m lD V w m '..ti Vl H O V1 O IF o _ a m n m N Z � ai m c LL 3 a m 2 w mc m v u d bo m m •°4', d o m v co E •� W m G OL 0- N LL E �Qcr-7 1 Yco N C¢ C C N ❑ m p 0 `o m y o 3 o a o. U 3 = v MFU C c 3 o u u .- NO) L Qd N M N m > a N DO U O C G > G C > T .D m m❑ m m d N p. E E E E C � C C O E m F a an h❑ a m ? a m c > m s a -O m Z y, m O N N m v x x G b0 C C C c C c y c m y _ S u u- - L C Y w l7 U' ❑ vl vii vii w a o. d vI F- O U i.� K u. N LL l� ii U li d of m O C ` _t I a �\ f � ` � ■■`f f � f f II f f f f f f f f f f 1 ■f if ■f `f lf.11,f \? ■f ■f ■__ ■ ■ I� ■ ■ ■ ■ ■ -1f `■f .� N 1 L U N > O �-- N M V VI t0 n DO O1 O N N M N t0 n m 01 O m N � N IrIII rIIL rIIILN N N N N N N N M N ❑ d ❑ CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 24, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement Between the City of Milton and JQ AV Techs for the Configuration and Operation of the City’s AV Equipment During City Meetings MEETING DATE: Monday, March 1, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X March 1, 2021 X To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted January 26, 2021 for the March 1, 2021 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and JQ AV Techs for the Configuration and Operation of the City’s AV Equipment during City Meetings _____________________________________________________________________________________ Department Recommendation: IS Department recommends approval Executive Summary: The City needs a dedicated audio-visual engineer who understands acoustics and the intricacies of digital audio processing. This engineer will configure the Council Chambers equipment for meetings to include City Council, Board of Zoning Appeals, Planning Commission, and special community meetings such as CPAC. The engineer will also oversee Granicus and Zoom live-streams to ensure audio and video quality. Procurement Summary: Purchasing method used: Professional Services Account Number: 100-1535-521200000 Requisition Total: Not to exceed $50,000.00 Vendor DBA: Other quotes or bids submitted (vendor/$): NA Vendor/Firm Quote/Bid JQ AV Techs $43.75/hr Financial Review: Bernadette Harvill, January 26, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – December 30, 2020 Concurrent Review: Steven Krokoff, City Manager Attachment: Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the “City”), and Mr. Juan Quero dba JQ AV Techs a Georgia sole proprietorship, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: 2 Exhibit “A” – Consultant Proposal Exhibit “B” – Contractor Affidavit Exhibit “C” – Subcontractor Affidavit Exhibit “D” – Key Personnel Exhibit “E” – Affidavit of Workers’ Compensation Compliance B. Project Description. The “Project” at issue in this Agreement is generally described as: providing audio video technical support for City Council meetings and other official city meetings as needed, including system setup and testing, system operations during meetings, and any COVID-19 equipment cleaning necessary. C. The Work. 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 in the Project Description above. Unless otherwise stated above, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. 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 be deemed to have commenced on November 5, 2020, and the Work shall be completed, and the Agreement shall terminate, on September 30, 2021 (provided that certain obligations will survive termination/expiration of this Agreement). If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year during the Term, absent City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, 3 and Consultant shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $50,000.00 (the “Maximum Contract Price”), except as outlined in Section II(C) above. The compensation for Work performed shall be based upon the daily rate of $350.00/day as specified in Exhibit “A”, except when the hours actually worked in a day exceed 8, in which case compensation for the day shall be based on the hourly rate of $43.75. Hours worked for a meeting that goes past midnight shall be treated as hours worked in the day the meeting began (e.g., if a meeting on January 1 starts at 7pm and ends at 1am on January 2, the compensation for that meeting will be $350.00 - the daily rate for January 1.) C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and there shall be no reimbursement for costs. IV. COVENANTS OF CONSULTANT 4 A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the 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.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant’s profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. 5 E. Consultant’s Representative. Juan Quero shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. 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. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the 6 time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “E”, attached hereto and incorporated by reference. Consultant acknowledges that it will have no subcontractors for the Work. J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “B” and “C” (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing, or 7 (3) In accordance with O.C.G.A. § 13-10-91(b)(5), if Consultant 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, Consultant shall provide a copy of Consultant’s state issued driver's license or state issued identification card in lieu of providing an E-Verify affidavit. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “B”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above, or provided City with the appropriate state issued identification as noted in sub-subsection (3) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (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 Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “C”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above; or, in the case of a sole proprietor subcontractor, a copy of subcontractor’s state issued driver's license or state issued identification card as noted in sub-subsection (3) above. Consultant agrees to provide a completed copy of the above-required materials to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and Consultant’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. 8 Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. _X__ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems 9 and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City’s representative(s) for examination all Records. Consultant will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement 10 shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit “D”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “D”, without written approval of City. Consultant recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to 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 City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of 11 loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. Greg Botelho shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement 12 shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to 13 the jurisdiction and venue of such court. D. 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. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City’s Representative (named above) for City and Consultant’s Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Juan Quero dba JQ AV Techs 1100 Rose Terrace Cir Loganville, GA 30052 14 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. 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. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. 15 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. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non- negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Attest/Witness: Signature: (uA I IQ�L%�� Print Name: (eA;;:.-2 �- ckynrYo Title: CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager Approved as to form: City Attorney CONSULTANT: Mr. Juan Quero dba JQ AV Techs Signature: Print Name: Juan Quero, Owner RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Sudie Gordon, City Clerk 16 EXHIBIT “A” JQ AV TECHS SERVICES CONTRACT 310-431-6518 jquero67@icloud.com 1100 Rose Terrace circle Loganville, GA 30052 Daily Work Rate = $350.00 (Calculated at $43.75 per hour with 8/hr. daily minimum charge.) Rate includes: Travel costs to and from Milton City Hall early arrival for system setup & testing, system operation and any COVID-19 equipment cleaning necessities Weekly invoicing from JQ AV Techs to the city of Milton (each Friday) for any work performed that week Please make check payable to Juan Quero. If you have any questions concerning this contract please feel free to contact me. Thank you for your business. It’s a pleasure to work with you on your project. Sincerely yours, Juan Quero Attention: David Frizzell It Manager City of Milton 2006 Heritage Walk Milton GA 30004 Date: 11/13/2020 Project Title:AV Operations Support Project Description: AV Tech for board meetings 1 WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 January 7, 2021 Milton City Hall 2006 HERITAGE WALK MILTON GA 30004 Account Information: Policy Holder Details :JQ AV Tech Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone:(866) 467-8730 Fax:(888) 443-6112 Email:agency.services@thehartford.com Website:https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 01/07/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HEDGE GROUP LLC 20268121 PO BOX 440366 KENNESAW GA 30160 CONTACT NAME: PHONE (A/C, No, Ext): (678) 348-0060 FAX (A/C, No): (404) 920-2676 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A :Hartford Underwriters Insurance Company 30104 INSURED JQ AV TECH 1100 ROSE TERRACE CIR LOGANVILLE GA 30052-9049 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY) LIMITS A COMMERCIAL GENERAL LIABILITY 20 SBM AJ9M5N 01/05/2021 01/05/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 X General Liability MED EXP (Any one person)$10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $2,000,000 X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A Employment Practices Liability Insurance 20 SBM AJ9M5N 01/05/2021 01/05/2022 Each Claim Limit Annual Aggregate Limit $25,000 $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION Milton City Hall 2006 HERITAGE WALK MILTON GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD EXHIBIT “B” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization Juan Quero dba JQ AV Techs Name of Contractor Audio Video Technical Support 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: _________________________________ "Driver's license submitted in lieu of Affidavit" 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 Juan Quero dba JQ AV Techs 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 Audio Video Technical Support 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: _________________________________ EXHIBIT "D" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Individual Position Juan Quero 0w0 e z- EXHIBIT "E" STATE OF ------ COUNTY OF _____ AFFIDAVIT OF WORKERS' COMPENSATION COMPLIANCE By executing this affidavit, the undersigned contractor verifies that it maintains workers' compensation insurance in compliance with applicable Georgia law, or is exempted by law from maintaining workers' compensation insurance. Juan Quero dba JO AV Techs Name of Contractor By:�-· Quero,0wner 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: GWINNETT GEORGIA 22 21 Milton GA see above Juan Quero, Owner 22 January 21 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 24, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement Between the City of Milton and CHA Consulting, Inc. for Cogburn Road Sidewalk Design Modifications MEETING DATE: Monday, March 1, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X March 1, 2021 X X X To: Honorable Mayor and City Council Members From: Robert Drewry, Public Works Director Date: Submitted on February 23, 2021 for the March 1, 2021 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and CHA Consulting, Inc. for Cogburn Road Sidewalk Design Modifications __________________________________________________________________________________ Project Description: The City of Milton identified a priority sidewalk connection project along Cogburn Road connecting Cambridge High School to neighborhoods to the north. The project includes approximately 1,200 feet along Cogburn Road, which begins at the existing sidewalk/trail just north of Bethany Bend on both sides of Cogburn Road and extends to Oakstone Glen and Devonshire Farms Way. CHA previously provided design services including a concept layout and development of construction plans with typical section, plan view, drainage, grading, cross sections, driveway profiles, and temporary easements needed to construct the sidewalk. The scope for this agreement is for additional modifications to the plans to coordinate with utilities identified during construction. Procurement Summary: Purchasing method used: Professional Services Account Number: 335-4101-541400007 Requisition Total: $10,000 Vendor: CHA Consulting, Inc. Financial Review: Bernadette Harvill, February 23, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – February 22, 2021 Attachment(s): Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT – SHORT FORM Cogburn Road Sidewalk Design Modifications II 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 CHA Consulting, Inc.., a Corporation having its principal place of business in Georgia at 6745 Sugarloaf Parkway, Suite 100, Duluth, Georgia 30097 (herein after referred to as the “Consultant”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – Scope of Work Exhibit “B” – Insurance Certificate Exhibit “C” – Contractor Affidavit Exhibit “D” – Subcontractor Affidavit Section 2. The Work. A general description of the Project is as follows: provide design modifications for Cogburn Road sidewalk project in Milton, Georgia, (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 miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant understands that time is of the essence of this Agreement and shall perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement (“Term”) shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before six months from the Notice to Proceed (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant’s breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. 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 $10,000.00 (the “Maximum 2 Contract Price”), except as outlined in Section 4 above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon a flat fee per project as set forth in Exhibit “A”. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant within thirty (30) days of City’s receipt of an invoice, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be submitted monthly on the basis of work progress. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing Work in accordance with sound and accepted professional and industry principles. C. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant’s Representative; Meetings. Iqbal Pervez shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. Responsibility of Consultant and Indemnification of City. Consultant shall be responsible for the Work rendered in connection with this Agreement and any direct damages directly resulting to it and/or City on account of the negligent performance of the Work rendered pursuant to this Agreement. Consultant shall indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against judgments, injuries, damages, losses, costs, expenses and liability, including but not limited to reasonable attorney’s fees and costs of defense arising out of the legal liability to a third party for bodily injury or property damage (“Liabilities”), to the extent caused by a intentionally wrongful negligent act or omission arising out of the Work, performance of contracted services, or operations by Consultant, its subcontractor, or anyone directly or indirectly employed by Consultant or its subcontractor. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify 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 3 actions or omissions that occurred during the performance of this Agreement, but in no event shall this obligation extent beyond any application statute(s) of limitation or repose. In no event shall Consultant be liable to City or City to Consultant for consequential or indirect damages, including but not limited to, loss of profits or revenue, loss of use of equipment, loss of production, additional expenses incurred in the use of the equipment and facilities and claims of customers of City. This disclaimer shall apply to consequential damages based upon any cause of action whatsoever asserted including ones arising out of any breach of contract, warranty, guarantee, products liability, negligence, tort, strict liability, or any other cause pertaining to the performance or non-performance of the contract by Consultant/City. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant’s insurer shall waive all rights of subrogation against the City for losses arising from Consultant’s Work and that the City and its officials and employees 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) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant 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 Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant’s subcontractors shall 4 retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] _X___ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. Upon receipt of payment in accordance with Section 5 of this Agreement, all reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. O. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for 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 Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict- of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant’s employees, or the Consultant’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 Consultant 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 Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals in Consultant’s industry practicing at the same time and in a similar locality, 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. Consultant 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 6 part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. [SIGNATURES ON FOLLOWING PAGE] 7 IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. CONSULTANT: CHA Consulting, Inc. Signature: ___________________________________ Print Name: _____________________________ Title: President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL ______________________________ _______________________________ By: Steven Krokoff, City Manager By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney Executive Michael A. Platt Thomas D. Titsworth Assistant Secretary EXHIBIT “A” Scope of Work The City has begun construction of sidewalks on Cogburn Road. During initial work, the construction contractor identified utilities in conflict. CHA Consulting, Inc. provided design services for the project, but utility coordination was not part of the initial scope of work. The City has begun utility coordination for possible relocation plans and at the same time requests for CHA Consulting, Inc. to review design modifications in areas of utility conflict to minimize any needed utility relocations. As directed by the City, CHA Consulting, Inc. is to provide design review based upon actual utility locations. The construction contractor has provided a text file of station, offsets, and depths to existing utility locations. CHA Consulting, Inc. will plot these utilities on design plans and identify possible design modifications. The design modifications will look at change in stormwater structure type, possible offset from the curb, or modifications to depth to avoid existing utilities. Any stormwater modifications will ensure the drainage on Cogburn Road is still addressed appropriately. CHA Consulting, Inc. is to provide any updated plans sheets signed and sealed by a GA Professional Engineer. The City may request further coordination with utilities and proposed relocation plans. Work authorized by the City is to be billed based on the attached hourly rates. EXHIBIT “B” ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/30/2020 (617) 328-6555 (617) 328-6888 20427 CHA Consulting, Inc. 575 Broadway Albany, NY 12207 33600 35289 33588 23841 A 1,000,000 X X 6014087067 8/1/2020 8/1/2021 500,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000B X X AS5-Z11-260446-010 8/1/2020 8/1/2021 10,000,000C X 6014087053 8/1/2020 8/1/2021 10,000,000 10,000 D X WC6-Z11-260446-020 8/1/2020 8/1/2021 1,000,000 N 1,000,000 1,000,000 E Professional Liab X 002910563 8/1/2020 Per Claim 6,000,000 E 002910563 8/1/2020 8/1/2021 Aggregate 10,000,000 If AI box is checked, GL Endorsement Form #CNA75079XX, Auto AI #CA20481013 to the extent provided therein applies and all coverages are in accordance with the policy terms and conditions. RE: Cogburn Road Sidewalk Design Modifications City of Milton and its officials and employees shall be included as additional insured with respects to General and Auto Liability where required by written contract. A Waiver of Subrogation is provided in accordance with the policy terms and conditions. City of Milton 2006 Heritage Walk Alpharetta, GA 30004 CHAHOLDING CMURPHY Ames & Gough 859 Willard Street Suite 320 Quincy, MA 02169 boston@amesgough.com American Casualty Co of Reading, PA A(XV) LM Insurance Corporation Continental Insurance Company A(XV) The First Liberty Insurance Corporation New Hampshire Insurance Company X 8/1/2021 X X X X X X X X X X EXHIBIT “C” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization CHA Consulting, Inc. Name of Contractor Cogburn Road Sidewalk Design Modificationons II 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: _________________________________ New York Albany 130989 June 24, 2008 Feb. 23 21 Albany NY Michael A. Platt, General Counsel & Exec. VP February 21 23rd December 27, 2023 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 CHA Consulting, Inc. (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. 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 Cogburn Road Sidewalk Design Modifications II 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: _________________________________ CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 24, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Athletic Association Facility Use Agreement Between the City of Milton and Eagle Stix Rec. Inc. to Provide Youth Girls Lacrosse Programming. MEETING DATE: Monday, March 1, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X March 1, 2021 X MILTON 114IN LST.ABLNiL'D 200, To: Honorable Mayor and City Council Members DocuSigned b From: Tom McKlveen, Parks and Recreation ManagerP;t,56MD6 Do db 194D420... Date: Submitted on February 22, 2021 for the March 1, 2021 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Athletic Association Facility Use Agreement Between The City of Milton and Eagle Stix Rec Inc. to Provide Youth Girls Lacrosse Programming. Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Athletic Association Facility Use Agreement between The City of Milton and Eagle Stix Rec Inc. Executive Summary: Eagle Stix Rec Inc provides the city with the girls' lacrosse program. This program will offer lacrosse camps, leagues, clinics and tournaments at Bell Memorial Park, Cox Road Athletic Complex, and Fulton County School athletic fields. Funding and Fiscal impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another lacrosse provider. Legal Review: Sam VanVolkenburgh - Jarrard & Davis, December 4, 2020 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Parks and Recreation Department Athletic Association Facility Use Agreement between The City of Milton and Eagle Stix Rec Inc. 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info@dtyofmiltongo.us I www.cityotmiltonga.us MILTO,N% PARKS AND RECREATION 2021 CITY OF MILTON PARKS &RECREATION DEPARTMENT ATHLETIC ASSOCIATION FACILITY USE AGREEMENT Eagle Stix ATHLETIC ASSOCIATION FACILITY USE AGREEMENT This agreement, made this day of 20 , by the City of Milton ("City") and the "Organization." Witnesseth: In consideration of the mutual agreements contained in this document, the City and Organization agree as follows: The Association agrees to provide a youth sports program (organized league play), to wit girls youth lacrosse leagues camps clinics and tournaments as a service for the City in accordance with applicable policies and procedures for youth sports organization operating on City property or City leased facilities. 2. The term of this agreement shall commence upon the later of January 1, 2021 or date of execution hereof and continue through DECEMBER 31, 2021. A new agreement must be signed for each calendar year. 3. The City hereby authorizes the Organization to use fields and facilities as listed below: Bell Memorial Park, Cox Road Athletic Complex, Northwestern Middle School, Birmingham Falls Elementary School, Cogburn Woods Elementary School and Hopewell Middle School The authorization provided by this agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, basketball goals, lacrosse goals, etc.) for approved league play unless otherwise specified. The Organization is authorized to use the facilities at the following dates and times: WEEKDAYS: FROM 5 AM/PM TO 9 AM/PM SATURDAYS: FROM 8 AM/PM TO 9 AM/PM SUNDAYS: FROM 8 AM/PM TO 9 AM/PM DATES: JANUARY 1, 2021 TO DECEMBER 31, 2021 For Spring programming at Bell Memorial Park and/or Cox Road, ALL field usage will end on the first Sunday after July 4t" for field renovations. 4. In consideration for the usage of the facilities, the Organization agrees to a direct payment to the City of 15% commission on all registration fees and 100% of all applicable non-resident fees. 5. The Organization agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the Organization. The organization must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and Organization. 6. The Organization agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. Organizations shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and Organization. 7. The Organization is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton residency requirement must be verified by the City GIS database prior to formation of an advanced level team. If the Organization is an Association subject to the City of Milton's Athletic Association Organizational Manual, the Organization shall comply with the program requirements set forth in Exhibit A. 8. The Organization agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 3 Spring Summer Fall Winter Ideal Capacity 200 225 200 NA Previous Season Participation 224 250 235 NA Growth Goal for Season 230 250 240 NA 7. The Organization is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton residency requirement must be verified by the City GIS database prior to formation of an advanced level team. If the Organization is an Association subject to the City of Milton's Athletic Association Organizational Manual, the Organization shall comply with the program requirements set forth in Exhibit A. 8. The Organization agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 3 9. The Organization shall ensure that its coaches satisfy the certification and training requirements set forth in Exhibit B. INITIALED: \ 10. Organization shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Organization without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 11. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 12. The Organization shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the violation of any requirement of the Manual or this agreement or the willful or negligent acts, errors, or omissions of the Organization or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect. 13. It is the understanding of the City and the Organization that nothing contained in this agreement shall be interpreted to assign to the Organization any status under this agreement other than that of an independent Organization. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Organization is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Organization agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Organization and the City and the City will not be liable for any obligation incurred by 4 Organization, including but not limited to unpaid minimum wages or overtime premiums. 14. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 15. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ORGANIZATION NAME: Eagle Stix Lacrosse ADDRESS: 121 Brennon Drive CITY/STATE/ZIP: Canton PHONE: 770-378-2494 WEBSITE: www.EaaleStixLax.com EMAIL: Tim.EagleStix@gmail.com CITY: City of Milton Parks and Recreation Department Attn: Manager of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2519 www.cityofmiltonga tls tom.mcklveen@cityofmiltonga.us 16. This agreement may be executed in counterparts, each of which shal constitute an original. 17. The City has designated the Director/Manager of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Organization in the execution of the terms of this agreement. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 19. The Organization may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual E orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 20. The Organization agrees to adhere to all relevant City policies and procedures including, but not limited to the City's Athletic Association Organizational Manual or Agreement for Outside Providers (whichever is applicable) in effect as of the date of this Agreement (which policies and procedures the Organization has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 21. The Organization will adhere to fee policies set by the City, including fees that may not yet be currently established. 22. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and the City's Athletic Association Organizational Manual or Agreement for Outside Providers, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 23. The Organization acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Organization under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Organization is subject to the Open Records and Open Meeting laws of the state of Georgia. The Organization agrees to comply with those laws. To the extent that the Organization is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The Organization further agrees that all books and records of the Organization shall be made available to the City of Milton as and when requested for review or audit. 6 24. City shall have the right to terminate this Agreement upon failure of Organization to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Organization with a written notice specifying Organization's failure to perform, and providing Organization with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that Organization fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately terminate the Agreement by providing written notice of termination to Organization. Organization shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Organization. Prior to exercising this right of termination, Organization shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the Organization, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Organization shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. I hereby acknowledge and understand that the Organization, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City, including those contained within the City's Athletic Association Organizational Manual. I understand that failure of the Organization or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ORGANIZATION: President y Name: �' .� r' 1 �► �� k'r �� (Typed or Printed) Date: Attest: Organization Secretary Name: (Typed or Printed) Date: [AFFIX CORPORATE SEAL] CITY: By: Steve Krokoff, City Manager City of Milton Date: Ratified by City Council: By: Joe Lockwood Mayor, City of Milton Date: 8 EXHIBIT A This exhibit to be modified on a case-by-case basis to reflect the varying nature of advanced level teams in different sports. Advanced level team: a. A team where there is a tryout and a player is "cut" if they are not offered a spot on the team b. A team or program where there is a tryout and participants are placed on one of many teams based on their skillset/ability (an "A" level team, "B" level team, etc.) GUIDELINES: A. Open, advertised tryouts must be held prior to advanced level team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. The MOU with the City of Alpharetta expired on November 30, 2018. City of Alpharetta residents who participate in Milton recreation programs shall no longer be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Milton residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any players added late to a roster must keep the team's residency above the required percentage. If a resident leaves a team mid-season, dropping the residency below the required percentage, only residents can be added to the roster until the residency is at or above 50%. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. INITIALED: ( �2­ 9 EXHIBIT B [This exhibit to be modified on a case-by-case basis to reflect the varying nature of coaching certifications in different sports.] Organization must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, USA Football, National Cheerleading Association. The Organization may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Parks & Recreation Department within two weeks of the season start. SPORT: _Girls Lacrosse ACCEPTABLE COACHING CERTIFICATIONS: _US Lacrosse, GWLOA, GHSA 10 I certify that the team; league, or event on whose behalf I am requesting this certificate mandates 100% membership in US Lacrosse for all players and coaches. In addition, I have verified our team's or league's events roster and all players and coaches are currently registered members of US Lacrosse. I certify that this is true and I understand that liability coverage is only extended to our team, league, or event if all players and coaches are current members of US Lacrosse. Further, I acknowledge by clicking on this box that liability claims may be denied for coverage if our team/league or event does not have 100% registered players and coaches with US Lacrosse, Name: Timothy Godby Organization: Eagle Stix Atlanta Date: 0210312021 --l',+ , CERTIFICATE OF LIABILITY INSURANCE DATE(MTAOD,YYYYI THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, E?[ END OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE 1, CONTRACT BETWEEN THE ISSUING IN AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the SUBROGATION I S WAIVED, subject to the terms and conditions of th on this certificate does not confer rights to the certificate holder in Ileu icy(ies) must have additional insured provision or be endorsed. If policy, certain policies may require an endorsement. A statement of such endorsement(s). PRODUCER RPS Bollinger PO Box 1322 Morristown. NJ 079BO PHONE: 1-800-446-5311 FAX: 973921-8474 CONTACT PHONE {AJC. No. EdI: 800-"6-5311 F.47( I . , w... do �..: 978-921-8474 EMwL ADDRESS: SUBR INSURERS AFFORDING COVERAGE MAIC INSURERA: Markel Insurance Company 7. PDLICYEXP INSURED INSURER B: US Lacrosse, Inc. 2 L oveton Circle INSR INSURERC: Sparks, X D 21152 INSURER D: Re: Eagle Stix Atlanta INSURER E: A INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT C R OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF IN SU RANCE ADM SUBR POLICY NUMBER POUCYEFF PDLICYEXP LIMITS LTR INSR 1�rVO {MM+ODVYYYYj I {MIVMDDrYYYY) A GENERAL LIABILITY GENERAL LIABILITY x EACH OCCURRENCE $1,000,000 DAIAAGE TO RENTED XCOMMERCIAL CLAIMS -MADE � OCCUR 8502AH221369 01/01/2021 01101/2022 PRElAM Eao=rrenoe $1 000,000 11ED EXP One Isar; $10:000 X PertiapantsLiab PERSONAL &ADV INJURY $1:000,000 SF�rual Abuse & Molestation per occurrence: $1,0M,000 £NERAL AGSREG4TE $5,000;000 GEN1_ AGGREGATE LIMIT APPLIES PER: POLICY PRO JfCT LOC Sexual Abuse & Molestation A9 pregate *mit: $2, "M PRODUCTS-COIRIIOPAGG $2:000,000 AUTOMOBILE LIABILITY ANY AUTO COu6uE03WGLE UM r T 00MY INJURY r oersont s ALLOWNED SCHEDULEC ODDLY INJURY rax AUTOS AUTOS PROPERTY DAiVaE HI RED AUTOS NON-OWNEC AUTOS Iger aoMM UMBRELLA LIAR X OCCUR x EACH OCCURRENCE $2,000:0D0 0 X EXCESS LIAR cLAwr, 4602A.H221370 01/01/2021 01/0112022 AC,REG4TE ,000,000 . AIDE $ DED RETENTION b WORKERS COMPENSATION Y/ N N f A $ AND EMPLOYERS' LLABILFTY R EL. EACH ACCIDENT $ ANY PR0PRET01,PARTI&FL4E> =CuTNE OFF CERWEMER EXCLUDED? (Mandatory in NH) El. Dd1EASE-EAEWLOYEE 5 El, OZEASE-POLICY LIMIT $ fes.oescroeWer DEBCRPT*. %c= 0PE9ATOI.30egW A ccident Medical 4102AH025220 011D1/2021 01/0112022 Accident Limit: 3100,000 atastrophiCAcc 4102AH3051182 01101!2021 01/012022 tas7ophicLimit: $1,000.000 DESCRIPTION OF OPERATIONS f LOCATIONS i VEHICLES {Attach ACORD 101, Additional Remarks Schedule, if more space is required) Coverage applies only to teams leagues comprised of 100% U S Lacrosse prayers And coaches during scheduled & supervised lacrosse activates. Certificate Holder Is named "Additional Insured " with respect to Eagle Stix Atlanta. City of x1ilton 2QU6 Heritage Walk NMom GA 30DO4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Alk - REPRESENTATIVE ' I_L! 0 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2018!03) The ACORD name and logo are registered marks of ACORD CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 24, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Outside Providers & Facility Use Agreement Between The City of Milton and Wellesong, LLC to Provide Adult Tai Chi Classes. MEETING DATE: Monday, March 1, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X March 1, 2021 X X MILT To: "' From: Date: Agenda Item: Honorable Mayor and City Council Members Tom McKlveen, Parks and Recreation Manager Submitted on February 22, 2021 for the March l, 2021 Regular Council Meeting Approval of an Outside Providers & Facility Use Agreement Between The City of Milton and Wellesong, LLC to Provide Adult Tai Chi Classes. Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Wellesong, LLC. Executive Summary: Wellesong, LLC will continue to provide the city adult tai chi classes at Bethwell Community Center, Broadwell Pavilion, Community Place & a variety of other park locations. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another fitness provider. Legal Review: Sam VanVolkenburgh-Jarrard & Davis, December 4, 2020 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment{ s ): Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Wellesong. 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cilyofmiltonga.us 0800 MILTON* PARKS AND RECREATION 2021 CITY OF MILTON PARKS &RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS & FACILITY USE AGREEMENT Wellesong, LLC THIS IS AN AGREEMENT, made this day of 202_, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and with a business address of 2006 Heritage Walk, Milton, Georgia 30004, hereinafter referred to as the "CITY." and WELLESONG, LLC hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as ADULT TAI CHI CLASSES at the following locations: BETHWELL COMMUNITY CENTER, COMMUNITY PLACE & BROADWELL PAVILION 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate the program schedule, which will be approved by Department Director, or his designee, at its sole discretion. Proposed program schedules shall be provided to the Department at least 30 days prior to the start of the activity. 1.4 All registration fees shall be fair and equitable to all participants. (Execution of this Agreement by the City shall act as a finding that the fees proposed in Exhibit "A" are fair and equitable; any fees not described in Exhibit "A" shall be determined fair and equitable in the reasonable discretion of the Department Director or his designee). The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON, up to a cap of $90.00. The entire balance of this surcharge for non-residents shall be paid to the CITY. 1.5 The PROVIDER can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident fees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 2 and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.9 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 1.10 The PROVIDER shall not promote any privately -owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately -owned business. The PROVIDER may not use said facilities to conduct personal business, including but not limited to workshops, clinics, seminars, camps, private sessions, or any other activities that are outside the scope of service described in Exhibit "A". It is further understood that such improper/prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment to the PROVIDER. 1.11 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have first priority for use of CITY facilities, notwithstanding any other provisions of this Agreement. 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.15 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations, ordinances and procedures (Exhibit "C"), as well as those of the FULTON COUNTY BOARD OF EDUCATION (if operating on Board of Education property), and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other onsite activities being offered at such public facilities. 1.16 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the 3 PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by and for all of the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their coaches and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY may require all participants in all programs to sign a Waiver and Release of Liability. 1.20 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.21 The PROVIDER shall not sublet any CITY facilities to any entity. 1.22 The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the PROVIDER. The PROVIDER must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and PROVIDER. 1.23 The PROVIDER agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. PROVIDERs shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and PROVIDER. — _.._.... ............. .... ....... ._...._. Spring - Summer - ..._.......... .... -- Fall --..................... ...._........__._-_ Winter Ideal Capacity 6 - 8 per class 6 - 8 per class 6 - 8 per class _ 6 - 8 per class ........... _.._.............. .._.. Previous Season NA 4 - 6 per class ,l 4 - 6 per class 4 - 6 per class Participation Growth Goal for Season additional new — additional — ............................._....................... _............................ _........._..__._ class ....................... _......... _...... _................................ a....... _....... ................ _........................................ new class ............................................................ _................. 1.. ........... ................................. *** Capacity is based on complexity of program offered, physical space, and ongoing COVID consideration. Number of classes will be determined based upon demand. 4 1.24 The PROVIDER is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. Rosters for advance level teams must be submitted to the Department to verify the 50% Milton residency requirement prior to the formation of any advanced level team. 1.25 The PROVIDER shall provide sport -appropriate certification and training to all paid and volunteer coaches. Additional certification requirements may be described in the Facility Use Agreement. In addition, it is the responsibility of the PROVIDER to ensure that all of their program instructors, coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. PROVIDER must provide documentation of such training to the City upon request. Background Check Concussion Awareness Training • Mandatory Child Abuse Reporting Training Weather Policies and Procedures Heat and Hydration Guidelines Cold Weather Policy 1.26 The Provider shall agree to the Field Playability, Weather Policies and Procedures, Heat and Hydration Guidelines and Cold Weather Policy below. Field Playability The Department will determine if fields are playable. Programs will be notified as early as possible if the fields are not playable. Programs are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Program is responsible for determining field playability. Programs are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the fields. The City also will update field conditions on the City website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): httos://www.citvofmiltnnan _us/nnrke-rP(`rPr7tir)n /r-ithlatirc / Bell Memorial Park For the safety of all, the City of Milton uses a lightning detection system located on the roof of the maintenance building (beyond center field of field 5) to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to clear all fields, the dugouts, the bleachers and the playground and get to safety. When the system detects that the conditions have improved to a safe level, the strobe light will be turned off and there will be three short blasts from the siren. At this point, play may be resumed unless Department staff direct otherwise or the actual conditions on the field remain unsafe. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. 5 If the lightning detection system fails to operate or if there is any question about safety notwithstanding the apparent operation of the lightning detection system, refer to the rules below for the Fulton County School fields. Fulton County School Fields and Cox Road Athletic Complex Upon visual or audible evidence of lightning or thunder, all participants are required to clear the field and seek shelter in a building or vehicle. Play will not be permitted until there is no visual or audible indication of thunder or lightning for a continuous 30 minutes. Every indication of thunder or lightning restarts the clock. Heat & Hydration Guidelines Providers that do not have their own established Hydration and Heat Guidelines must adhere to the Hydration and Heat Related Guidelines observed by the Department. In summary, outdoor activities must be canceled if the WBGT (Wet Bulb Globe Temperature) is over 92 degrees. Cold Weather Policy Providers that do not have their own established Cold Weather Policy must adhere to the Cold Weather Policy observed by the Department; The policy is as follows: If the official Milton, GA temperature according to www.weather.com is forecasted to be 38 degrees or lower at the time of the scheduled practice or game, it is recommended that the scheduled event be cancelled. If the temperature reaches 32 degrees or below, it is mandatory the event be cancelled. Milton Parks and Recreation Department cancels and/or postpones all youth programs and activities whenever Fulton County Schools are closed for inclement weather. Programs shall follow this procedure. 1.27 The PROVIDER is responsible to select qualified coaches for their program. Each Program shall establish their own criteria to determine qualifications of coaches, such as coaching experience, past playing experience, etc. 1.28 The PROVIDER shall be a business that is properly registered with the Secretary of State's office and have a business license issued by the local governing body. 1.29 The PROVIDER shall communicate to the Milton Parks and Recreation Advisory Board (PRAB) liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the PROVIDER which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: • Addition/elimination of any age or skill level • Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) • Schedule of fees for participants • Anything that would be in direct conflict with existing City/Department policies The Provider shall notify liaisons as soon as the idea for a substantial change is being considered. Upon notification by the PROVIDER, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any 6 action shall be taken by the PROVIDER to ielement the substantial change, the PROVIDER may be required to prepare a written pro�osal outlining the planned change to include justification for the change; benefits of the change to the PROVIDER, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the PROVIDER to implement the substantial change. The approval levels are noted as follows: a. The PROVIDER only b. Department Director or his/her designee C. Milton Parks and Recreation Advisory Board d. Milton Mayor and City Council 1.30 Records of the PROVIDER or any members of the PROVIDER, that are prepared and maintained or received by the PROVIDER oIr any of its members in the course of providing services on behalf of Milton, are "public records" under the Open Records Act. Therefore, such records are subject to production if a request for such records is made under the Open Records Act. In the event that an Open Records Act request is delivered to the City of Milton for PROVIDER records pertaining to the service being provided on behalf of Milton, the City of Milton will require, and the PROVIDER agrees to provide, timely assistance in responding to such request. Upon receiving an Open Records Act request for PROVIDER records, the City of Milton will promptly forward the request to the PROVIDER. All responsive documents shall be provided to the City by the PROVIDER within 24 hours of the City's notification; or, if the records cannot be assembled that quickly, then within 24 hours the PROVIDER will identify what records are responsive and provide the City of Milton with a list of such records and a timeline for when the requested documents will be assembled and provided. Delivery of the Open Records Act request from the City to the PROVIDER may be delivered via email, or phone call. All Open Records request responses shall be emailed to the Director of Parks & Recreation or his designee (if specified in the communication relaying the request). ARTICLE 2.0 Equipment & Materials 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of equipment with the principal of the school located at the facility, if applicable. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs, with the exception of fundraising activities, in which other appropriate items such as gifts and 7 food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity, and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be cancelled, and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. 2.6 On all of the fields at Bell Memorial Park, blue tooth interfaces to the scoreboards have been installed. There is an app available to interface with the blue tooth device which eliminates the need for the external scoreboard controllers. Go to www.singlescore.com for the app. Scoreboard control boxes may still be used under the following guidelines: a. The PROVIDER must acknowledge use and responsibility of all scoreboard controllers prior to the start of the season; b. Scoreboard controllers that are damaged, lost or destroyed must be immediately reported to the Department; C. A minimum of thirty (30) days should be expected for all repairs; d. The PROVIDER shall be responsible for the cost of repairs or replacement of any lost or damaged scoreboard controllers; e. Scoreboard controllers must be stored at the park in the storage room; f. Scoreboard controllers are mated to specific scoreboards and must remain with their respective mate; and g. The PROVIDER must turn all scoreboards off each evening at the conclusion of activities and assure that scoreboard controllers are properly secured in the storage closet. ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 Compensation and Method of Egyn2enj 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid Kl by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 85% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge (capped at a maximum of $90.00) is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, to the CITY within 30 days of the close of registration for each program. The list shall be provided in a Microsoft Excel format and shall include each player's name, residential street address, city, zip code, email address, age/ program and resident registration rate. All PO Box addresses submitted will be considered non- residents. The Department will use the list to verify the resident status of registered players. The City will use the email address list to distribute an end of season Participant Satisfaction survey. City shall not use the list to promote Department programs without prior consent of the PROVIDER. The PROVIDER is responsible for identifying participants who have received a scholarship such that they are not included on the City registration commission invoice. After the City has verified residency of participants, the City will issue an invoice to the PROVIDER for registration commissions and non-resident fees payable to the City and then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Payments will be made to the CITY within fifteen (15) business days of PROVIDER's receipt of each invoice. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. 4.4 PROVIDER is not allowed to require an admission fee or a parking fee to any PROVIDER event. For special tournaments and events, a team registration fee may be collected. The PROVIDER must obtain written approval from the Director of Parks and Recreation prior to the event where a team registration fee will be collected. ARTICLE 5.0 Independent PROVIDER 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. I 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 6.0 Insurance 6.1 City shall not have any insurance obligations related to this Agreement, and PROVIDER shall not provide any service until all insurance, required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates' of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty- five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit - each occurrence $2,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 10 PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability poMicy. (N/A - Adult programs only) 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Program has been operating in the City, whichever is less. The policy must include the City as an additional insured. (N/A - LLC) 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. ARTICLE 7.0 Term and Termination 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated at the close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met or the CITY is otherwise unsatisfied with the program in its sole discretion. 7.2 The term of this Agreement shall commence upon the later of January 1, 2021 or date of execution hereof and shall remain in effect until December 31, 2021, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set 11 forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission or surcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any other rights and remedies 'provided under this Agreement or at law or in equity. ARTICLE 8.0 Indemnification 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify 12 ARTICLE 9.0 '��- •� .. ►.�. a i• •� 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and 11 of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 9.3 In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, PROVIDER, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations of the laws cited above, and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 13 ARTICLE 10.0 Miscellaneous 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed by each party with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representatives) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and MARGARET MILLER for the PROVIDER. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national 14 overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Tom McKlveen Parks and Recreation Manager, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: - - •�• u� 00 - u -1 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 10.1 1 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER shall provide evidence on CITY -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and PROVIDER's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period. The PROVIDER hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to CITY. Further, PROVIDER hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractors) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/ 15 subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is o0ained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. X Fewer than 100 employees. *No employees PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with th'se laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. In the event of any conflict among the terms and conditions contained in this Agreement and the Facility Use Agreement, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 10.13 Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 10.16 Neither the CITY nor PROVIDER shall be liable for its respective non -negligent or non - willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond its respective reasonable 16 control; (b) any act of God; (c) any Chang( in applicable governmental rules or regulations rendering the performance of any portion f this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. Inlsuch event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 10.17 Hosting of camps and tournaments ir)1volving participants from outside the PROVIDER'S own program along with participants in the'iPROVIDER'S own program is allowed but requires coordination with and written consent of the Department. PROVIDER must seek approval from the City to host outside camps and tournaments at the parks at least thirty (30) days prior the proposed event. Field or facility rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The City reserves the right to require liability waivers, proofs of insurance, or other forms of protection from outside participants as a condition of consent to such events. 10.18 The PROVIDER is specifically not permitted to sublet facilities to any individual or organization. The PROVIDER'S Facility Use A reement will authorize the PROVIDER'S own use only. The City reserves the right to restrict fa ility use on dates when there are special City/ Department events. These dates, if applica le, will be included in the annual Facility Use Agreement. 10.19 The PROVIDER is allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for the PROVIDER to assist the City in funding capital projects benefitting the parks and facilities they use. The PROVIDER is not permitted to obtain sponsorships, including direct financial aid and/or in-kind donations, from any religious organization or individuals and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco -related products/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented shall be discussed with and approved by the Department Director or his/her designee. Sponsor and team banners are allowed to be displayed at the park on the day of an event only. They must be mounted in a way that does not damage the City property and they must be removed at the end of the day. Banners must not contain any language or images that would be considered offensive or inappropriate around children. 10.20 If damage to a field or facility occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions, damage to flooring, etc.) by the PROVIDER, the City will require the PROVIDER to pay for any and all costs necessary to repair the damaged area. The use of any form of metal cleats is strictly prohibited on the artificial turf fields. 10.21 PROVIDERS are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes all facilities, playing areas, walkways, restrooms, concession stands, dugouts, etc. 17 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST SUDIE GORDON, CITY CLERK ATTEST Print: Its: (Assistant) Corporate Secretary (required if corporation) CITY: BY: JOE LOCKWOOD, MAYOR PROVIDER: Print: MARGARET MILLER, WELLESONG LLC Its: (circle one) - Pres`dent/Vice President (Corporation) - Ge eral Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation in EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] Provision of Tai Chi Courses for Beginners through Advanced levels. Fees: $ 90 for a 6 -class course Each class will meet for 1 hour Minimum enrollment 4 Tai Chi courses are sequential, so ongoing classes wiI be scheduled based on participant continuing interest and availability of instructor/facility. It is anticipated that New Beginners courses will be started periodically, to allow additional new participants to join. 19 EXHIBIT "C" City of Milton Parks Ordinances & Park/Facility Regulations CITY OF MILTON PARKS ORDINANCES Programs are responsible for adherence to all City and park ordinances. A collection of applicable ordinances is shown below, subject to the caveat that ordinances are amended from time to time; these ordinances may not be fully current; and other ordinances not shown here may be relevant depending on the activity. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person todischarge any firearm within the city parks in accordance with the authority vested in the city b+y the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1(a) (1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. 21 (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. (j) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (1) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014); Ord. No. 15-03-237, § 1, 3-16-2015) PARK/FACILITY REGULATIONS 1. Programs conducting youth activities on City facilities must have an appropriate number of adults supervising the activities conducted by the Program from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of a Program must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of the right to use City facilities. All Programs must enact and enforce a policy of ZERO tolerance for abusive behavior while at a Program event on-site or at an away facility. 3. The park belongs to all of the residents of Milton. All Programs are asked to enact and encourage a policy of "Leave It Cleaner Than When You Arrived" with regard to all elements of the park. The Program is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 4. Program representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 22 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, hover boards etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 10. The use of unmanned aerial vehicles (UAVs) or drones is prohibited at all active parks within the City. 11. Music may be played in the park at a volume that does not interfere with other activities. Any organization that receives a reasonable request to lower the volume must do so or risk cancellation of scheduled activities. All music played at the park must be in compliance with the current noise ordinances of the City. Music played must not contain inappropriate language (e.g., containing sexually explicit, degrading or violent words or themes) and must be family friendly. DJs are not permitted without a special use permit. 12. Synthetic multi -sport field rules & restrictions: a) No pets of any kind b) No food or beverages, including gum, seeds, nuts, sports drinks or soft drinks c) ONLY PLAIN WATER IS ALLOWED d) No glass containers e) No smoking or tobacco products of any kind f) No playing golf g) No tent stakes, spikes, etc. may be driven into the turf h) No metal or detachable cleats - only sneakers or molded plastic cleats i) No painting, chalking or marking field j) No vehicles, bikes, scooters, skateboards, roller- or inline skates, strollers or hover boards k) No grills, fireworks or fires of any kind I) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13.Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2519 or Tom.M Klv n a> ityofmiltonga us 23 STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies that the individual, firm, or corporation which is engaged in t Milton has registered with, is authorized to use and uses the Verify, or any subsequent replacement program, in accordant O.C.G.A. § 13-10-91. Furthermore, the undersigned contractc throughout the contract period and the undersigned contras satisfaction of such contract only with subcontractors who required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization follows: .Al/,4 eVerify Number Date of Authorization Name of Contractor Name of Project City of Milton, GA Name of Public Employer s compliance with O.C.G.A. § 13-10-91, stating affirmatively physical performance of services on behalf of the City of ;deral work authorization program commonly known as E- with the applicable provisions and deadlines established in will continue to use the federal work authorization program or will contract for the physical performance of services in resent an affidavit to the contractor with the information identification number and date of authorization are as I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on UL• , 2/, 2020 in sty), ��tate). SignaturEiOf Authorized Officer or Agent Margaret Miller. Member, Wellesong LLC Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE oZ DAY OF 2020. ��p 2��; N RY PUBLI [NOTARY SEAL] Cynthia Matthews Earp NOTARY PUBLIC Fulton County, GEORGIA My Commission Expires 05/09/23 My Commission Expires: OS Oct k;k 3 OUTSIDE PROVIDER FACILITY USE AGREEMENT This agreement, made this day of , 20 , by the City of Milton ("City") and Wellesong, LLC the "PROVIDER." Witnesseth: In consideration of the mutual agreements contained in this document, the City and PROVIDER agree as follows: The PROVIDER agrees to provide, to wit ADULT TAI CHI CLASSES as a service for the City in accordance with applicable policies and procedures for exercise/sports providers operating on City property or City leased facilities. 2. The term of this Agreement shall commence upon the later of January 1, 2021 or date of execution hereof and shall remain in effect until December 31, 2021, unless terminated sooner as provided in this agreement. 3. The City hereby authorizes the PROVIDER to use fields and facilities as listed below: BETHWELL COMMUNITY CENTER, COMMUNITY PLACE & BROADWELL PAVILION The authorization provided by this agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, basketball goals, lacrosse goals, etc.) for approved league play unless otherwise specified. The PROVIDER is authorized to use the facilities at the following dates and times: WEEKDAYS: FROM 10:00 AM/PM TO 8:00 AM/PM SATURDAYS: FROM AM/PM TO AM/PM SUNDAYS: FROM AM/PM TO AM/PM DATES: JANUARY 1, 2021 TO DECEMBER 31, 2021 For Spring programming at Bell Memorial Park and/or Cox Road, ALL field usage will end on the first Sunday after July 4th for field renovations. 4. In consideration for the usage of the facilities, the PROVIDER agrees to a direct payment to the City of 15% commission on all registration fees and 100% of all applicable non-resident fees. 4. In consideration for the usage f the facilities, the PROVIDER agrees to a direct payment to the City of 1% commission on all registration fees and 100% of all applicable non-resid nt fees. 5. The PROVIDER agrees that it w II provide the City with a database in an Excel format of the email adcl*ses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the PROVIDER. The PROVIDER must maintain a favorable quality rating in 75% of the survey re$ponses. Failure to achieve the desired quality ratings will result in an administrative review of the program and PROVIDER. 6. The PROVIDER is permitted multiple advanced level (non -recreation level) teams provided that no ad�anced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton residents (Exhibit A). Tryouts must be open to all, advertise in the appropriate media for the sport involved. The 50% Milton residency requirement must be verified by the City prior to formation of an advanced level team. 7. The PROVIDER agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 8. The PROVIDER shall ensure that its coaches satisfy the certification and training requirements set forth in Exhibit B. INITIALED: Au✓l'-L 9. PROVIDER shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the PROVIDER without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 10. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 11. The PROVIDER shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the violation of any requirement of the Manual or this agreement or the willful or negligent acts, errors, or omissions of the PROVIDER or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to 27 this indemnification provision shall survive the term of this Agreement and continue in full force and effect. 12. It is the understanding of the City and the PROVIDER that nothing contained in this agreement shall be interpreted to assign to the PROVIDER any status under this agreement other than that of an independent PROVIDER. This Agreement does not create an employee/ employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. Th6 PROVIDER agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the City and the City will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 13. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 14. For the purpose of this agree ent, any notices required to be sent to the parties shall be mailed to the f llowing respective addresses: PROVIDER NAME: Wellesona LLC ADDRESS: PO Box 3551 CITY/STATE/ZIP: Alpharetta Georgia PHONE: 678.682.9128 WEBSITE: wellesona.�om EMAIL: millerm@LALellesong.com CITY: City of Milton Parks and Recreation Department Attn: Parks and Recreation Manager 2006 Heritage Wa k Milton, GA 30004 678-242-2519 www.cityormiltonc a.us Tom.McKlveen,a.'ci vnfmiltnnnn uc 15. This agreement may be executed in counterparts, each of which shall constitute an original. 16. The City has designated the Director/Manager of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the PROVIDER in the execution of the terms of this agreement. 17. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 18. The PROVIDER may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 19. The PROVIDER agrees to adhere to all relevant City policies and procedures including, but not limited to the City's Athletic Association Organizational Manual or Agreement for Outside Providers (whichever is applicable) in effect as of the date of this Agreement (which policies and procedures the PROVIDER has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 29 20. The PROVIDER will adhere to fee (policies set by the City, including fees that may not yet be currently established. 21. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of, that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the 'validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and the City's Athletic Association Organizational Manual or Agreement for Outside Providers, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 22. The PROVIDER acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the PROVIDER under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the PROVIDER is subject to the Open Records and Open Meeting laws of the state of Georgia. The PROVIDER agrees to comply with those laws. To the extent that the PROVIDER is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The PROVIDER further agrees that all books and records of the PROVIDER shall be made available to the City of Milton as and when requested for review or audit. 23. City shall have the right to terminate this Agreement upon failure of PROVIDER to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide PROVIDER with a written notice specifying PROVIDER's failure to perform, and providing PROVIDER with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that PROVIDER fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately terminate the Agreement by providing written notice of termination to PROVIDER. 30 PROVIDER shall have the right t terminate this Agreement upon failure of City to perform its obligations tc the reasonable satisfaction of PROVIDER. Prior to exercising this right of terrnination, PROVIDER shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the PROVIDER, to cure its deficiency. In the event that City fails to cure its defici;ncy, or in the event of any subsequent failure to perform, PROVIDER shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may terminate this Agreement at an time for convenience Y g Y upon thirty (30) days written noti e to the other party. I hereby acknowledge and understand that the PROVIDER, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of t�e City. I understand that failure of the PROVIDER or any of its members to comply with any applicable requirement may result in termination of this Agree ent with the City. PROVIDER: President Name: Margaret Miller, Wellesonq LLC, (Typed or Printed) Date: C' ? C, L 61 Attest: PROVIDER Secretary Name: (Typed or Printed) Date: [AFFIX CORPORATE SEAL) 31 CITY: By: Steve Krokoff, City Manager City of Milton Date: Ratified by City Council: By: Joe Lockwood Mayor, City of Milton Date: EXHIBIT A This exhibit to be modified on a case -by -::ase basis to reflect the varying nature of advanced level teams in different spo ts. Advanced level team: a. A team where there is a tryout and a player is "cut" if they are not offered a spot on the team b. A team or program where there is a tryout and participants are placed on one of many teams based on their skillset/ability (an "A" level team, "B" level team, etc.) GUIDELINES: A. Open, advertised tryouts must be held prior to advanced level team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. The MOU with the City of Alpharetta expired on November 30, 2018. City of Alpharetta residents who participate in Milton recreation programs shall no longer be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Milton residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any players added late to a roster must keep the team's residency above the required percentage. If a resident leaves a team mid-season, dropping the residency below the required percentage, only residents can be added to the roster until the residency is at or above 50%. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. ,AN % INITIALED: 32 EXHIBIT B [This exhibit to be modified on a case -by case basis to reflect the varying nature of coaching certifications in different spots.] The PROVIDER may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Parks & Recreation Department within two weeks of the season start. SPORT/ACTIVITY: Adult Tai Chi Classes ACCEPTABLE COACHING/TEACHING CERTIFICATIONS: Tai Chi for Health Institute 33 DATE (MM/DD/YYYY) Ao CERTIFICATE OF LIABILITY INSURANCE 02/19/2021 PRODUCER Maguire Insurance Agency, Inc. FWI 1 Bala PI, Ste 100 Bala Cynwyd, PA 19004-1401 610.617.7900 INSURED Wellesong, LLC PO Box 3551 Alpharetta, GA 30023-3551 COVERAGES THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. URERS AFFORDING COVERAGE RER A: Philadelphia Indemnity Insurance Company RER B: RER C RER D: RER E: 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 CERIFICATION 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L Milton, GA 30004- LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. POLICYI EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) LIMITS A X GENERAL LIABILITY PHPKlSS5777-004 12/01/2020 12/01/2021 EACH OCCURENCE $2,000,000 TPREMISES Ea occurrence $100,000 ELITY MED EXP (Any one person) $2,500 TCII.MMIRCIAIGNIRAIIIA"' CLAIMSMADE OOCCUR PERSONAL &ADV INJURY $2,000,000 FESSIONAL LIABILITY GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMP/OP AGG $4,000,000 X POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (EA accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY — EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURENCE AGGREGATE OCCUR F] CLAIMS MADE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY V N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? TAT11 0 TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE — EA AMPLOYEE (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE — POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS It is understood and agreed that the following entity is added as an additional insured but only with respect(s) to the operations of the named insured except that liability resulting from the additional insured's sole negligence. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Milton THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE 2006 Heritage Walk CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR Milton, GA 30004- LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 24, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing American Red Cross Month 2021 MEETING DATE: Monday, March 1, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X March 1, 2021 Proclamation AMERICAN RED CROSS MONTH 2021 WHEREAS, March is American Red Cross Month, a special time to honor the kindness of our neighbors who aid families in need every day in Fulton County, across the United States and around the world. Their dedication touches millions of lives each year as they carry out the organization’s 140-year mission of preventing and alleviating suffering; and WHEREAS, during the trying times of the coronavirus pandemic, people have stepped up to help others in need, whether it was responding to this year’s record-breaking disasters across the country or rolling up their sleeves to give blood when our country faced a severe blood shortage; and WHEREAS, in Fulton County, local families have relied on Greater Atlanta Red Cross volunteers for comfort and hope while coping with home fires, the critical need for blood donations and other emergency needs; and WHEREAS, last year, Greater Atlanta volunteers, in Fulton County alone, assisted 1,294 residents after home fires with urgent needs like food, lodging and recovery support – more than any other county in Georgia. They also deployed to disasters such as the tornados in Georgia in the spring of 2021 and other disasters across our nation; and WHEREAS, the American Red Cross, with 676 volunteers in Fulton County, has supported local families in other ways too. Last year in Fulton County, the Red Cross performed 1,740 acts of assistance to our members of the military and their families, and conducted 6,260 training sessions in First Aid, CPR and other life-giving skills. Most hospitals in Fulton County administer blood collected by the Red Cross, and Fulton County residents made 52,938 blood donations through the Red Cross; and WHEREAS, this lifesaving work is vital to strengthening our community’s resilience. Nearly 200 years since the birth of American Red Cross founder Clara Barton, we dedicate this month of March to all those who continue to advance her noble legacy, and we ask others to join in their commitment to care for people in need; NOW, THEREFORE, we, the Mayor and City Council of the City of Milton hereby recognize and proclaim March 2021 as Red Cross Month. FURTHER, we encourage all Americans to reach out and support its humanitarian mission. Given under my hand and Seal of the City of Milton, Georgia on this _____ day of March, 2021. ____________________________________ Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/24/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ21-01/VC21-01 - 13085 Morris Road to rezone from T5 Limited (Deerfield Form Based Code) to AL (Apartments Limited) by WRPV XIV Deerfield Village Milton, LLC to Correct a Legal Nonconformity With Regard to Density of a Multi-Family Project that was Built in 2001. No Changes to the Existing Development are Proposed. Total of 554 Units at a Density of 18.43 Units Per Acre on 30.05 Acres and a Two-Part Concurrent Variance to Allow Existing Tennis Courts, Fencing and Existing Swimming Pool and Fencing as Shown on Site Plan. (Sec. 64-1602(v)(2) and Sec. 64-1609 (b)(3). MEETING DATE: Monday, March 1, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ March 1, 2021 X X X Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 1 of 14 RZ21-01/VC21-01 PROPERTY INFORMATION ADDRESS 13085 Morris Road DISTRICT, LAND LOT 2/1 1042, 1043, 1043, 1044 OVERLAY DISTRICT None EXISTING ZONING T-5 (Limited) Deerfield Form Based Code PROPOSED ZONING AL (Apartment Limited Dwelling) ACRES 30.045 EXISTING USE Multi-Family Development – 554 units PROPOSED USE Multi-Family Development – 554 units PETITIONER WRPV XIV Deerfield Village Milton, LLC ADDRESS 30 South Wacker Drive, 36th Floor Chicago, IL 60606 OWNER WRPV XIV Deerfield Village Milton, LLC REPRESENTATIVE Carl Westmoreland Morris, Manning & Martin, LLP 3343 Peachtree Road, NE Atlanta, GA 30326 INTENT To rezone from T5 Limited to AL (Apartment Limited Dwelling) to correct a legal nonconformity with regard to density of a multi-family project that was built in 2001. No changes to the existing development are proposed with a total of 554 units at a density of 18.43 units per acre on 30.05 acres and a two-part concurrent variance to allow existing tennis courts, fencing and existing swimming pools and fencing as shown on site plan. (Sec. 64-1602(b)(2) and Sec. 64-1609(b)(3)) Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 2 of 14 RZ21-01/VC21-01 COMMUNITY DEVELOPMENT RECOMMENDATION – JANUARY 27, 2021 RZ21-01/VC21-01 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – JANUARY 27, 2021 RZ21-01 – APPROVAL CONDITIONAL – 6-0 VC21-01 Parts 1 & 2 – APPROVAL CONDITIONAL – 6-0 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 3 of 14 RZ21-01/VC21-01 LOCATION MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 4 of 14 RZ21-01/VC21-01 CURRENT ZONING/2035 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 5 of 14 RZ21-01/VC21-01 SITE PLAN SUBMITTED NOVEMBER 25, 2020 – West Section Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 6 of 14 RZ21-01/VC21-01 SITE PLAN SUBMITTED –East Section Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 7 of 14 RZ21-01/VC21-01 SUBJECT SITE AND BACKGROUND: The subject site contains 30.045 acres and is developed with a multi-family apartment development consisting of 554 units. It is currently known as the Deerfield Village apartments. The property was constructed in 2001. The applicant, WRPV XIV Deerfield Village Milton, LLC is requesting a change from the current T-5 (Limited) designation to AL (Apartment Limited Dwelling). As stated in the Letter of Intent, the application does not seek to change any of the uses or improvements to the property, but to address issues of the property’s legal non-conforming use to allow the sale of the property. The applicant has also stated that the property will not be redeveloped under the proposed AL (Apartment Limited Dwelling) but any redevelopment would comply with the T5 Limited classification. At the time of Milton’s incorporation in December 2006 the subject site was zoned A (Medium Density Apartments) pursuant to RZ96-124 approved by the Fulton County Board of Commissioners in 1997. This parcel as well as the parcel to the north (IMT Deerfield Apartments) was approved A (Medium Density) Apartments pursuant to RZ96-124 for a total of 1,302 units on 108 acres at a maximum density of 12 units per acre. Since that time, the property was divided into two separate parcels and subsequently different owners, the density for the subject site is much higher than 12 units per acre which is the maximum that A (Medium Density) Apartments can be requested. This change is the reason for the current request to AL (Apartment Limited Dwelling) which allows unlimited density for a multi-family residential development. The City of Milton adopted the Deerfield Form Based Code and associated regulating plan in April 2013. The subject site was designated as T-5 (Limited). Under this designation, multi-family residential developments are required to be developed with other uses such as retail or office. In addition, the development regulations are significantly different than the traditional “campus” style apartment development. In addition, based on the current zoning of T-5 (Limited) it was determined by the City Attorney that if more than 60% of each structure is destroyed, it could not be re-built to the current configuration. Thus, the applicant’s request to the AL (Limited Apartment Dwelling) is requested to meet the lender’s requirement to service the loan. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 8 of 14 RZ21-01/VC21-01 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on November 25, 2020, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-717- AL (Apartment Limited Dwelling) The site plan meets the development standards required by the AL (Apartment Limited Dwelling) zoning district. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Sec. 64-2126. The applicant has stated the following: The ESA has indicated that there is a portion of the site located within the 100- year flood zone, there is a perennial stream with stream buffers. As stated previously, the site is already developed and there are no further impacts to the property. PUBLIC INVOLVEMENT On December 29, 2020 the applicant attended the Community Zoning Information Meeting (CZIM) via Zoom held at the Milton City Hall. There were no one in attendance either in person or via Zoom. PUBLIC PARTICIPATION REPORT Staff received the report on January 20, 2021. The applicant’s Public Participation Meeting was held on January 19, 2021 at 6:00 pm at the Deerfield Village pool house and via Zoom. There was no one in attendance at the meeting either in person or via Zoom. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – January 5, 2021  The DRB does not review rezonings within the Deerfield Form Based Code area per the Overlay District Authority (Article VII of the Zoning Ordinance), therefore no comments were made by the DRB. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 9 of 14 RZ21-01/VC21-01 Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed use is suitable with the adjacent and nearby uses of multi- family and high-density single-family developments in the area. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal may not adversely affect existing use or usability of the adjacent properties if approved with the Recommended Conditions. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned T-5 Limited. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Because the development already exists, there will be no further impact on the existing streets, transportation facilities, utilities or schools. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2035 Comprehensive Land Use Plan Map – T5-Limited Existing use/density: Multi-Family – 18.43 units per acre - INCONSISTENT The proposed rezoning is inconsistent with the policies and intent of the land use plan. The property was zoned A (Medium Density Apartments) and constructed prior to the incorporation of Milton. Since the rezoning Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 10 of 14 RZ21-01/VC21-01 had included additional property, the overall density was consistent with the approved zoning district A (Medium Density Apartments) at the time of its approval. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The existing development is consistent with the adjacent developments in the area and therefore supports recommending approval to AL (Apartment Limited Dwelling). 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The existing use is not environmentally adverse to the natural resources, environment and citizens of the City due to the existing conditions of the subject site. Concurrent Variances – VC21-01 Part 1: To allow the existing tennis courts and fencing to be located as shown on the site plan. (Sec. 64-1602(b)(2)) (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. Recreational courts, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street within a multi-family development. The existing location of the tennis court and fencing is approximately 15 feet from the residential buildings. These facilities have been in existence since 2001 and if granted, would not offend the spirit or intent of this zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 11 of 14 RZ21-01/VC21-01 The tennis courts and associated fencing have been in existence since the construction of the apartments in 2001 and the elimination of them would cause the property owner an extraordinary and exceptional situation. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The location of the tennis courts and associated fencing will not cause a substantial detriment to the public good and surrounding properties since they have existed for 20 years. (4) That the public safety, health and welfare are secured, and that substantial justice is done. By approving this request, the public safety, health and welfare are secured, and that substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of Part 1 of VC21-01. Part 2: To allow the existing swimming pools and fencing to be located as shown on the site plan. (Sec. 64-1609(b)(3)) (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or public right-of-way within a multi-family development. The existing location of the swimming pools and associated structures and fencing is a minimum of 15 feet and a maximum of 25 feet from the residential buildings. These facilities have been in existence since 2001 and if granted, would not offend the spirit or intent of this zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The pools and associated structures and fencing have been in existence since the construction of the apartments in 2001 and the elimination of them would cause the property owner an extraordinary and exceptional situation by relocating them or eliminating them from the property. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 12 of 14 RZ21-01/VC21-01 (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The location of the swimming pools and associated structures and fencing will not cause a substantial detriment to the public good and surrounding properties since they have existed for 20 years. (4) That the public safety, health and welfare are secured, and that substantial justice is done. By approving this request, the public safety, health and welfare are secured, and that substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of Part 2 of VC21-01. CONCLUSION Based on the fact that the multi-family development currently exists, and the use is compatible with adjacent and nearby uses, Staff recommends APPROVAL CONDITIONAL OF RZ21-01 and the two-part Concurrent Variance VC21-01. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 13 of 14 RZ21-01/VC21-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 13085 Morris Road, it should be approved for AL (Apartment Limited Dwelling) District CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) The existing 554-unit multi-family dwellings, accessory uses and structures at a maximum density of 18.43 units per acre. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on November 25, 2020. 3) To the owner’s agreement to the following site development considerations: a) If the subject site is re-developed in the future, it shall be developed with the T-5 Limited (Deerfield Form Based Code) zoning standards. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 1, 2021 (First Presentation February 21, 2021) 2/11/2021 Page 14 of 14 RZ21-01/VC21-01 RECOMMENDED 2-PART CONCURRENT VARIANCE (VC21-01) 1) Sec. 64-1602(b)(2) - To allow the existing tennis courts and fencing to be located as shown on the site plan. (VC21-01, Part 1) 2) Sec. 64-1609(b)(3) - To allow the existing swimming pools and fencing to be located as shown on the site plan. (VC21-01, Part 2) Page 1 of 9 RZ21-01/VC21-01 ORDINANCE NO._______ PETITION NO. RZ21-01/VC21-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM T5 LIMITED (DEERFIELD FORM BASED CODE) TO AL (APARTMENT LIMITED DWELLING) ON 30.045 ACRES LOCATED AT 13085 MORRIS ROAD AND A 2-PART CONCURRENT VARIANCE BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 1, 2021 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the property located at 13085 Morris Road consisting of a total of 30.045 acres, as described in the legal description attached hereto as Exhibit “A”, be approved for a 554 unit multi-family development subject to the Conditions of Approval described in Exhibit “B”; and SECTION 2. That the rezoning to AL (Apartment Limited Dwelling) approved hereby is subject to the provisions of Sec. 64-717, of the Zoning Ordinance of the City of Milton; and SECTION 3. That the 2-Part Concurrent Variance (VC21-01) be approved as described in Exhibit “C”; and SECTION 4. That the property shall be developed in compliance with the Conditions of Approval as described as attached; provided that no uses or conditions hereby approved (including any site plan) shall authorize the violation of any district regulations or other zoning regulations other than as authorized by the 2-Part Concurrent Variance as described in Exhibit “C” approved hereby; and SECTION 5. That all ordinances or parts of ordinances otherwise in conflict with the terms of this Ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this ______day of _______________ 2021. Page 2 of 9 RZ21-01/VC21-01 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Tammy Lowit, City Clerk (Seal) Page 3 of 9 RZ21-01/VC21-01 EXHIBIT “A” Page 4 of 9 RZ21-01/VC21-01 Page 5 of 9 RZ21-01/VC21-01 Page 6 of 9 RZ21-01/VC21-01 EXHIBIT “B” CONDITIONS OF APPROVAL The rezoning of property located at 13085 Morris Road, is approved for AL (Apartment Limited Dwelling) District CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) The existing 554-unit multi-family dwellings, accessory uses and structures at a maximum density of 18.43 units per acre. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on November 25, 2020. 3) To the owner’s agreement to the following site development considerations: a) If the subject site is re-developed in the future, it shall be developed with the T-5 Limited (Deerfield Form Based Code) zoning standards. Page 7 of 9 RZ21-01/VC21-01 SITE PLAN SUBMITTED – NOVEMBER 25, 2020 Page 8 of 9 RZ21-01/VC21-01 Page 9 of 9 RZ21-01/VC21-01 EXHIBIT “C” APPROVED 2-PART CONCURRENT VARIANCE (VC21-01) 1) Sec. 64-1602(b)(2) - To allow the existing tennis courts and fencing to be located as shown on the site plan. (VC21-01, Part 1) 2) Sec. 64-1609(b)(3) - To allow the existing swimming pools and fencing to be located as shown on the site plan. (VC21-01, Part 2) CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/24/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Text Amendment RZ21-02 – sec. 64-2 Definitions (As it Relates to Driveways and Large Lots Incentives). MEETING DATE: Monday, March 1, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/24/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Text Amendment RZ21-02 – sec. 64-2 Definitions (As it Relates to Driveways and Large Lots Incentives). MEETING DATE: Monday, March 1, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X X March 1, 2021 To: Honorable Mayor and City Council Members From: Robyn MacDonald, Zoning Manager Date: Submitted on February 10, 2021 for the March 1, 2021 Council Meeting (February 17, 2021- First Presentation) Agenda: Consideration of Zoning Text Amendment – RZ21-02 - Sec. 64-1 Definitions (As it relates to driveways and large lot incentives.) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as presented. Executive Summary: RZ21-02 – This definition is a key component for the large lot incentive. On June 18, 2018 the Mayor and City Council approved text amendments to the Zoning and Subdivision Ordinances to allow incentives for the development of large lots (three acres or more). At that time, since it was a new concept, Staff limited the number of lots that could access a street via a modified single-family residential driveway to five lots. Since that time, the City has approved some good examples of developments utilizing these regulations that helped preserve the rural character of Milton. Based on this success, Staff recommends that the number of lots that can utilize this type of driveway (thus not requiring frontage on a street) should be changed to an unlimited number of lots. This item was presented at the CZIM meeting on December 29, 2020 with no one in attendance or participating via Zoom. In addition, the Planning Commission was presented the proposed text amendment on January 27, 2021 and voted unanimously 6-0 to recommend approval of the proposed amendment. Page 2 of 2 Funding and Fiscal Impact: There are none. Alternatives: The Mayor and City Council may choose not to approve the proposed text amendment or to make changes from Staff’s recommendation. Legal Review: Paul Frickey, Jarrard & Davis (February 7, 2021) Concurrent Review: Steve Krokoff, City Manager Attachments: Ordinance for Chapter 64, Definitions. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ21-02 AN ORDINANCE TO AMEND SEC. 64-1 OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) – DEFINITIONS (AS IT RELATES TO MODIFIED DRIVEWAYS AND LARGE LOT INCENTIVES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 1, 2021 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64-1 – Definitions as it relates to Driveway, modified single-family residential, access or shared (private drive) is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the _____ day of _____________, 2021. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Tammy Lowit, City Clerk RZ21-02– Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation February 17, 2021) Page 1 of 1 Sec. 64-1 Definitions Street means a roadway/right-of-way located and intended for vehicular traffic. Streets may be public or they may be private if specifically approved by the community development department as part of a subdivision plat or approved through the privatization process. (1) Public streets means rights-of-way used for access owned and maintained by the federal, state, or local government. (2) Private streets means roadways and parallel sidewalks similar to and having the same function as a public street, providing vehicular and pedestrian access to more than one property, but held in private ownership (as distinct from a driveway). Private streets are constructed to city standards but owned and maintained by a private entity. Necessary easements for ingress and egress for police, fire, emergency vehicles and all operating utilities shall be provided. Should the city ever be petitioned to assume ownership and maintenance of the private streets prior to dedication of the streets, they must be brought to acceptable city standards subject to the approval of the director of public works. (3) Stub-out streets means streets having one end open to traffic and being temporarily terminated at the other. Stub-outs generally do not have, but may be required to have, a temporary vehicular turnaround. This temporary termination is to provide connectivity to future developments and may be constructed without curb and gutter provided such stub-out street meets the standards of the fire department. (4) Driveway, modified single-family residential, access or shared (private drive) means a paved or unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other structure or facility and may provide access to any number of single family residential lots provided that the accessed lots for no more than five single-family residential lots that are each all a minimum of three acres in size. CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Text Amendment to Chapter 50 of the City Code – Subdivisions (As it Relates to Modified Driveways and Large Lot Incentives). MEETING DATE: Wednesday, February 17, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ February 17, 2021 X X X X To: Honorable Mayor and City Council Members From: Robyn MacDonald, Zoning Manager Date: Submitted on February 10, 2021 for the March 1, 2021 Council Meeting (February 17, 2021- First Presentation) Agenda: Consideration of Text Amendment to Chapter 50 of the City Code- Subdivisions (As it relates to modified driveways and large lot incentives.) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as presented. Executive Summary: The proposed series of amendments to Chapter 50, Subdivisions are key components for the implementation of the large lot incentive. On June 18, 2018 the Mayor and City Council approved text amendments to the Zoning and Subdivision Ordinances to allow incentives for the development of large lots (three acres or more). At that time, since it was a new concept, Staff limited the number of lots that could access a street via a modified single-family residential driveway to five lots. Since that time, the City has approved some good examples of developments utilizing these regulations that helped preserve the rural character of Milton. Based on this success, Staff recommends approval of the amendments contained in Chapter 50, Subdivisions. These changes include the following items: 1. Definition of Driveway, modified, single family residential, access or shared (private drive) – Page 2 2. Definition of Plat, minor – Page 2 3. Definition of Subdivision, minor – Page 4 4. Sec. 50-114 (a) (6) – Access – Page 15 5. Sec. 50-185 (c) (1) a. – Detention/retention design – Page 28 Page 2 of 2 Funding and Fiscal Impact: There are none. Alternatives: The Mayor and City Council may choose not to approve the proposed text amendment or to make changes from Staff’s recommendation. Legal Review: Paul Frickey, Jarrard & Davis (February 7, 2021) Concurrent Review: Steve Krokoff, City Manager Attachments: Ordinance for Chapter 50, Subdivisions STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 50 OF THE CITY CODE - SUBDIVISIONS (AS IT RELATES TO MODIFIED DRIVEWAYS AND LARGE LOT INCENTIVES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 1, 2021 at 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 50 – Subdivisions as it relates to modified single-family residential, access or shared (private drive) and large lot incentives, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the _____ day of ______________ 2021. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Tammy Lowit, City Clerk Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 1 of 34 Chapter 50 - SUBDIVISIONS[1] Footnotes: --- (1) --- Editor's note— Ord. No. 18-08-368 , § 2(Exh. A), adopted Aug. 6, 2018, repealed ch. 50 in its entirety, and enacted new provisions to read as herein set out. Former ch. 50, §§ 50-1—50-5, 50-43—50-51, 50- 71, 50-91—50-94, 50-113—50-117, 50-156—50-161, 50-181—50-188, 50-208—50-210, 50-230—50- 234, pertained to similar subject matter and derived from Ord. No. 17-04-314 , § 1, adopted April 24, 2017. See the Code Comparative Table for a complete derivation. State Law reference— Municipal annexations, O.C.G.A. § 36-36-1 et seq.; county and municipal urban development, O.C.G.A. § 36-61-1 et seq.; city and county zoning procedures, O.C.G.A. § 36-66-1 et seq.; local zoning proposal review procedures, O.C.G.A. § 36-67-1 et seq.; coordinated and comprehensive planning and service delivery by counties and municipalities, O.C.G.A. § 36-70-1 et seq. ARTICLE I. - IN GENERAL Sec. 50-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alley or service drive means a minor, permanent vehicular service access to the back or the side of properties otherwise abutting a street. Bike paths means paths that serve to separate bicycle riders from vehicle and pedestrian traffic. Bike paths can meander through wooded areas, traverse the edge of open areas, and may (in many instances) parallel existing roadways or walks. Block means a parcel of land or lots entirely surrounded by public or private streets, other than alleys. Buildable area means that portion of a lot where buildings and specified structures may be located after all minimum yards, buffers, landscape strips, and other setbacks have been met. Building setback line means a graphic representation of the required minimum horizontal distance between a building and the related front, side, or rear property lines which establish the minimum space to be provided between the building and property lines. Comprehensive plan means a set of documents approved by the mayor and city council which sets forth desired long range development patterns for the incorporated City of Milton, Georgia. Crosswalk means a right-of-way dedicated to public use, four feet or more in width that crosses a street and furnishes a specific area for pedestrian movements at an intersection. Cul-de-sac means a street having only one connection to another street and being permanently terminated by a vehicular turn around. Cul-de-sac, temporary, means a street having one end open to traffic and being temporarily terminated by a vehicular turnaround. This temporary termination is to provide connectivity to future developments. Department means the Community Development Department, City of Milton, Georgia. Director means the director of the community development department or his or her designee. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 2 of 34 Driveway, attached single-family residential, access or shared, means a paved area used for the ingress or egress of vehicles, and allowing access from a street to a building, other structure or facility which complies with the access standards established in chapter 48. Driveway, detached single-family residential, access or shared (private drive) means a paved or unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other structure or facility for no more than two single-family residential lots. Driveway, modified, single-family residential, access or shared (private drive) means a paved or unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other structure or facility and may provide access to any number of single family residential lots provided that the accessed lots for no more than five single-family residential lots that are all each a minimum of three acres in size. Easement means a grant by the property owner for use by the grantee of a portion of land for specified purposes. Health and wellness department means the Fulton County Health and Wellness Department or authorized representative thereof. Land disturbance permit. (1) The term "land disturbance permit" means an official authorization issued by the department, allowing defoliation or alteration of a site or the commencement of any construction activities including, but not limited to: a. Clearing; b. Grubbing; c. Dredging; d. Grading; and e. Excavating, transporting and filling of land. (2) The term "land disturbance permit" does not include agricultural practices as defined in the O.C.G.A. § 1-3-3. Lot means the basic lawful unit of land, identifiable by a single deed established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. In determining the area and dimension of a lot, no part of the right-of-way of a road or crosswalk may be included. Lot, corner means a lot abutting two or more streets at their intersection. Lot, double/multiple frontage, means a lot other than a corner lot abutting two or more streets that may or may not intersect at that lot. Lot, minimum lot size, means the smallest permissible lot area established by chapter 64 or the conditions of zoning. Mayor and city council means the mayor and city council of the City of Milton, Georgia. Plat means a map indicating the subdivision or resubdivision of land, intended to be filed for recording. Plat, final, means a finished drawing of a subdivision that provides a complete and accurate depiction of all legal and engineering information required by this chapter. Certification is necessary for recording. Plat, minor, means a finished drawing of a subdivision of no more than three lots, or if any number of single family residential lots five lots if each lot is are each a minimum of three acres or more in size, that, at the time of subdivision, does not necessarily, but may involve: Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 3 of 34 (1) A land disturbance permit; (2) New streets; (3) The extension of a utility or other municipal facility; and (4) Depicts all legal and engineering information required by this chapter. Plat, preliminary, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The preliminary plat is the first stage in securing a land disturbance permit. Right-of-way dedication and reservation plan means an element of the city's comprehensive plan maintained by the public works department which includes guidelines and procedures for the dedication and reservation of rights-of-way along public roadways. Standard details means illustrative minimum standards for land development activities authorized under the city's land development regulations. These standards shall not supersede more restrictive prudent design requirements or good engineering practices as applied to specific situations on a case-by- case basis. All construction shall meet or exceed the Fulton County minimum standards established by the Georgia Department of Transportation (GDOT). Street classifications means the classification of streets based on functions, from high-traffic arterial roads to low traffic residential streets. The following are definitions intended to distinguish between different street classifications. All roadways are classified per the state department of transportation: Collector means a roadway that has partial or no access control and has more emphasis on access to adjacent land over mobility than arterials. The primary purpose is to distribute trips to and from the arterial system and allow access to the local roads. Freeway means a multi-lane roadway that has full access control and separation of directional traffic. Freeways accommodate large volumes of high speed traffic and provide efficient movement of vehicular traffic for interstate and major through travel. Frontage street means a road that typically runs parallel to a partial access controlled roadway, a full access controlled facility, or a railroad. Frontage roads provide public access to the adjacent parcels, help control access to the major facility, and/or maintain circulation of traffic on each side of the major facility. Full access control means preference is given to through traffic by providing access connections only with selected public roads and by prohibiting crossings at grade and direct private connections. Housing unit service means the number of housing units served by a street or collection of streets shall be the aggregate number of housing units provided, or potentially to be provided, with driveway access directly from the street plus the number of units utilizing or potentially utilizing the street for through traffic movements. Such calculations shall be made at the beginning and ending of the same street intersection. Local means any roadway that has no access control, and places strong emphasis on access to adjacent land over mobility while service to through traffic is discouraged. Major subdivision street means a local road internal to a subdivision which serves 50 or more housing units. These units do not have to be directly served by the major subdivision street. Major subdivision streets are roads that serve as collectors for the subdivision traffic. Any residential street which accesses a collector or arterial road shall be considered a major subdivision street for the first 300 feet regardless of housing unit service. Minor arterial means a roadway that has partial or no access control and is primarily used for inter- connectivity of principal arterials and placing more emphasis on access to adjacent land over mobility. Minor subdivision street means a local road internal to a subdivision which serves fewer than 50 housing units and does not access a collector or arterial road. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 4 of 34 No access control means preference is generally given to access to adjacent land rather than mobility. Partial access control means preference is given to through traffic to a degree that, in addition to connection with selected public roads, there may be some crossing at grades, but private connections shall be prohibited. Principal arterial means a roadway that has partial or no access control, and is primarily used for fast or large volumes of traffic. Emphasis is placed on mobility rather than access to adjacent land. Street, private, means a street or modified, single-family residential, access or shared (private drive) driveway that has not been dedicated to the municipality or other government entity. Street, public, means a dedicated and accepted right-of-way for vehicular traffic. Street, residential, means streets internal to residential subdivisions. The following definitions are intended to distinguish between different categories of streets internal to residential subdivisions: Stub-out street means a street having one end open to traffic and being temporarily terminated at the other. Stub-outs generally do not have a temporary vehicular turnaround. This temporary termination is to provide connectivity to future developments and may be constructed without curb and gutter, provided such stub-out street meets the standards of the Fulton County Fire Department. Subdivider means any property owner, person, individual, firm, partnership, association, corporation, estate, trust, agent of property owner, or any other group or combination acting as a unit dividing or proposing to divide land so as to constitute a subdivision. Subdivision, major, means a subdivision that does not qualify as a minor subdivision. Subdivision, minor, means a subdivision of no more than three lots, or if any number of single family residential lots provided five lots if each lot is are each a minimum of three acres or more in size, that, at the time of subdivision, does not necessarily, but may involve: (1) A land disturbance permit; (2) New streets; or (3) The extension of a utility or other municipal facility. Subdivision, residential and nonresidential, means any division of a lot, tract or parcel, regardless of its existing or future use, into two or more lots, tracts or parcels. The term "subdivision" means the act or process of dividing property, except that, where appropriate to the context, the term "subdivision" may be used in reference to the aggregate of all lots held in common ownership at the time of subdivision. Traffic mitigation action plan means a plan that studies and addresses the number of trips a subdivision will produce when such development results in the reduction of the level of service on any roadway currently functioning at "D" or worse in accordance with the county transportation standards. (1) The term "traffic mitigation action plan" includes, but is not limited to: a. Roadway improvements; and b. Other proposals, such as: 1. Providing transit access; 2. Transit use incentives; 3. Car/van pooling; 4. Bicycle path construction; 5. Off-site and internal sidewalk construction; and Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 5 of 34 6. Lunch trip reduction. (2) The traffic mitigation action plan shall mitigate the traffic impact in a manner that will show no negative impact on roads with level of service of "D" or worse. Trails, pedestrian or others, means extended and usually continuous strips of land established independently of other routes of travel and dedicated, through ownership or easement, to recreational travel including hiking, horseback riding, etc. Utility accommodations (guidelines and procedures) means a county program maintained by the public works department which includes: (1) Installing, maintaining, repairing, operating, or using a pole line, buried cable, pipeline, or miscellaneous utility facility; and (2) Performing miscellaneous operations authorized by a utility permit. Utility permit means an official authorization issued by the public works department, allowing the alteration of land within the right-of-way for the commencement of any construction activities pertaining to utility installation or relocation. Zoning ordinance means the Zoning Ordinance of the City of Milton, Georgia, (chapter 64). ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-2. - Penalty. (a) Civil. Any person violating any provision of this chapter, shall be deemed liable for civil penalties not less than $1,000.00 and not to exceed $2,500.00 and/or imprisonment for 60 days, or as amended by applicable statutes. Each day's continuance of a violation shall be considered a separate offense. The owner of any lands or parts thereof, where anything in violation of this provision shall be placed, or shall exist, and any person who may assist in the separate offense, the city court, or any court of competent jurisdiction, shall have jurisdiction of any offense charged under this section. (b) Additional remedies. In any case in which any land is, or is proposed to be, used in violation of these regulations or any amendment thereto adopted by the mayor and city council, may, in addition to other remedies provided by law, institute injunction, abatement or any appropriate action, or proceeding to prevent, enjoin or abate such unlawful use. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-3. - Title. The title of these regulations shall be known as "the Subdivision Regulations of the City of Milton, Georgia." ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-4. - Purpose. These rules and regulations are intended to serve the following purposes, among others: (1) To protect and promote the health, safety and general welfare of the city's residents. (2) To encourage economically sound and stable land developments. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 6 of 34 (3) To ensure the adequate provision of streets, access, utilities, and other facilities and services to new land developments in conformance with public improvement standards and regulations of the city. (4) To ensure the adequate provision of safe and convenient traffic access, connectivity to other developments or facilities, and efficient circulation (both vehicular and pedestrian) in new land developments. (5) To ensure the provision of needed open space and building sites in new land developments through dedication or reservation of land for recreational, educational, environmental, green space, bikeways and pedestrian trails, and other public purposes. (6) To ensure equitable handling of all requests for the subdivision of land by providing uniform procedures and standards for the subdivider. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-5. - Conflicts. Where conflicts exist between this chapter and other city regulations and policies, either the most restrictive or the city's written interpretation shall prevail. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Secs. 50-6—50-42. - Reserved. ARTICLE II. - AUTHORITY AND APPLICATION Sec. 50-43. - Portions of state constitution adopted. These subdivision rules and regulations are adopted under the authority of the following portions of the 1983 Constitution of the State of Georgia: (1) Article IX, section II, paragraph I; and (2) Article IX, section II, paragraph IV. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-44. - Preliminary plat required. Any subdivider of land, except for land subdivided for minor subdivisions or proposed subdivisions of land approved through the zoning process, within the incorporated city shall submit to the director of the community development department a preliminary plat of the proposed subdivision conforming to all the requirements set forth in these regulations and any other applicable county, state and federal regulations. The director of the community development department shall approve or deny the preliminary plat based on the planning commission recommendations in accordance with the process described in section 50- 91. Once the preliminary plat is approved, a final plat must be filed which conforms to all requirements set forth in these regulations. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 7 of 34 Sec. 50-45. - Unlawful to sell or transfer subdivided land without minor or final plat confirmation. No person, firm, corporation, owner, agent or subdivider shall sell, transfer or agree to sell any subdivided land without the minor or final plat of that subdivision having been confirmed by the mayor and city council. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-46. - Approval and permits required prior to construction. No subdivider shall proceed with any construction work on the proposed subdivision, including clearing, grading or grubbing, before obtaining the appropriate approvals and permits. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-47. - Approval and confirmation required prior to dedicating, extending or accepting public street. No land shall be dedicated, opened, extended or accepted as a public street or for any other public purpose before obtaining final approval from the director and confirmation by the mayor and city council. The approval shall be entered in writing on the final plat by the director. Any subdivider of property for public purpose (other than streets) shall be transferred by deed. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-48. - No building permit issued unless legal access to street approved. No building permit shall be issued within the incorporated area of the city unless legal access is provided to a public street or a private street approved under the terms of these rules and regulations. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-49. - Residential subdivision building permit issued only after approval and confirmation of minor or final plat. In residential subdivisions, building permits may be issued on the basis of any approved minor plat or final plat only after the approval of the mayor and city council's confirmation. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-50. - Court ordered divisions of property excepted from this chapter. The divisions of property by court order including, but not limited to, judgments of foreclosure or consolidation and disbursement of existing lots by deed or other recorded instruments, shall not be considered a subdivision for purposes of, and shall not obviate the necessity for compliance with, these regulations. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 8 of 34 Sec. 50-51. - Model home regulations. (a) The subdivider shall be allowed one building permit for a model home for each 15 lots located in the proposed subdivision; provided the subdivider provides an agreement to install improvements for a cash surety equal to 125 percent of the cost for the remaining infrastructure improvements, based on written estimates by the design professional for the project. Notwithstanding the permitted rate for model homes, the maximum number of building permits for model homes to be allowed in any one subdivision shall not exceed ten. (b) The following shall apply for lots where model homes are allowed: (1) The lots shall be located within 300 feet of an active fire hydrant; (2) Main sewer and water lines for these lots shall be installed by the developer and be subject to review and approval by Fulton County; installation of these lines shall take place prior to issuance of the certificate of occupancy; and (3) The lots shall have a minimum 20-foot wide fire access road extending from a paved public street to within 100 feet of the proposed structure. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Secs. 50-52—50-70. - Reserved. ARTICLE III. - REQUIREMENTS DIVISION 1. - GENERALLY Sec. 50-71. - Compliance with city procedures and guidelines required. All proposals to subdivide combine or recombine parcels of land under the provision of these regulations shall be in compliance with the City of Milton's Standard Procedures and Guidelines for Subdividing Property. (1) All final plats, replats and minor plats shall have the consent of the owners of all affected lots shown on said plat. Replats or new plats showing modifications to common areas shall require the consent of owners of all lots shown in the original final plat. (2) Proposals for the subdivision, combination or recombination of lawful previously platted lots or parcels, or portions thereof, shall be in compliance with the zoning ordinance (chapter 64). (3) If construction activity contemplated results in the disturbance of an area of 5,000 square feet or more, a land disturbance permit must be approved along with any building permit prior to construction. (4) Where a proposed lot fronts an existing public street, the subdivider shall improve the street along the lot's frontage to the applicable standards of these regulations and any standard details as determined by the director. (5) All slope, drainage and utility easements, as well as necessary right-of-way widths (as determined by the director) on an existing public street, paved or unpaved, shall be provided by the subdivider at no cost to the city. (6) Each proposed lot shall comply with the requirements of the Fulton County Department of Health, whose certification of approval shall accompany the submission of the final plat to the director. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 9 of 34 (7) A minor plat proposal, as defined in section 50-1, may be exempt from traffic and drainage studies, when an analysis is submitted and concludes that the development would have no negative impact on traffic or drainage. (8) Each lot created under the provisions of a minor plat shall not subsequently be re-subdivided pursuant to the provisions of a minor plat. Notwithstanding the foregoing prohibition, if a re- subdivision of a lot does not create any lots with an area less than three acres, the community development director may approve the minor plat when the community development director finds the proposed re-subdivision to be in the best interest of the city. (9) For the division of land in the AG-1 (Agricultural) zoning district adjacent to or has access to unpaved roads, the following rules shall apply: a. Each proposed lot shall contain a minimum area of three acres. b. Each proposed lot shall provide at least 100 feet of road frontage, the minimum dimension of which shall be maintained to the building line of the lot. c. Each proposed lot shall provide at least 200 feet of lot width at the building line. (10) For the division of land in O-I, C-1, C-2, MIX, and M1-A, M-1 and M-2 zoning districts, after initial development of the property, the following standards shall also apply: a. A proposed lot fronting an existing public street shall contain the necessary frontage required by the zoning ordinance (chapter 64). b. The subdivider shall submit documentation of the necessary easements providing for access to a public street for proposed lots that front only on an existing, documented, paved private street or driveway. c. All slope, drainage and utility easements, as well as necessary street rights-of-way (as determined by the director) shall be provided by the subdivider at no cost to the city. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Secs. 50-72—50-90. - Reserved. DIVISION 2. - PROCESS Sec. 50-91. - Preliminary plat approval. (a) All preliminary plat applications shall be reviewed by the community development department staff for completeness. A preliminary plat application shall be deemed to be complete if the application complies with all applicable city, county, state and federal regulations. If staff determines that an application is not complete, the applicant will be notified of any deficiencies and provided the opportunity to revise the plat to correct the identified deficiencies without the need for the filing of a new application. If staff determines that previously identified deficiencies remain in any corrected preliminary plat, staff may reject the application entirely or request that the applicant submit a new corrected preliminary plat. (1) For preliminary plats, after staff determines that the application is complete, the community development director shall forward the application to the planning commission for public hearing, review, comment and recommendation. (2) The planning commission shall conduct a public hearing and shall review the preliminary plat at its next available regularly scheduled meeting and shall provide comments and make recommendations regarding the plat to the community development director. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 10 of 34 a. Notification of planning commission meeting. 1. The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the planning commission meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled planning commission meeting. 2. The department shall give notice of the planning commission meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the planning commission meeting. 3. The mailed notices shall contain the time, place, and purpose of the planning commission meeting, the location of the property, and description of the proposed subdivision. The posted sign shall include all of the items required in the mailed notice except the location of the property. (3) Upon receipt of the comments and recommendations of the planning commission with respect to the preliminary plat, the community development director shall implement the comments and recommendations of the planning commission by either approving the preliminary plat, denying the preliminary plat, or returning the preliminary plat to the applicant for revision consistent with the comments and recommendations of the planning commission. (b) Preliminary plat approval shall continue in effect for a period as follows or for as long as construction activity is continuous and at least 25 percent of the land area within the preliminary plat has received final plat approval, whichever is longer: (1) Two years for subdivisions of 50 lots or less. (2) Three years for subdivisions of more than 50, but less than 300 lots. (3) Four years for subdivisions of more than 300 lots. Accordingly, if the preliminary plat approval expires, a new application must be submitted and shall be subject to the regulations in effect at the time of such submission. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 11 of 34 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-92. - Land disturbance permit. (a) Following preliminary plat approval, site development plans shall be submitted for approval prior to any defoliation or the commencement of development activities on the subject property. Approval of such plans shall result in the issuance of a duly authorized land disturbance permit which, along with the approved plans, must be maintained on the site until all site work, as proposed and approved, is completed. (b) An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued, except that the director is authorized to grant a maximum of two extensions of time not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. (c) Prior to the issuance of a land disturbance permit, an indemnity agreement form must be filed by the subdivider protecting the city against damage, repair or maintenance claims and liability arising out of drainage problems. The director, or his or her designee, is hereby authorized to execute such agreements on the city's behalf. (d) Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 12 of 34 director is authorized to grant, in writing, a maximum of two extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-93. - Final plat approval. (a) Whenever the provisions of these rules and regulations have been complied with and while the preliminary plat approval is in effect, the subdivider may submit to the community development director an application for final plat review and approval pursuant to these regulations. All required infrastructure shall be completed and approved, or performance bonds for a portion of such improvements shall be filed in accordance with subsection (c) of this section prior to filing for final plat approval. (b) The final plat shall be submitted and drawn to the specifications of the Georgia Plat Act and the standards of the city. (c) Prior to the approval of a final plat, the following must be provided by the subdivider, or his or her designee: (1) Cash assurance in an amount equal to 125 percent of the cost of infrastructure improvements not yet in compliance. Said cash bond shall be maintained until the improvements have been approved by the city; (2) Maintenance bond to ensure the viability of infrastructure improvements; (3) Drawings demonstrating the "as-built" conditions of the site, or cash assurance that such will be provided within 30 days; (4) An electronic format acceptable to the public works department containing data about the sanitary sewer and water systems where available; (5) Signed release of the project by the development inspector; and (6) Recorded deed to the city for any dedicated space. (d) All final plat applications shall be reviewed by the community development department staff for completeness. A final plat application shall be deemed to be complete if the application complies with all applicable city, county, state and federal regulations. If staff determines that an application is not complete, the applicant will be notified of any deficiencies and provided the opportunity to revise the plat to correct the identified deficiencies without the need for the filing of a new application. If staff determines that previously identified deficiencies remain in any corrected final plat application, staff may reject the application entirely or request that the applicant submit a new corrected final plat. (e) For all final plats, after staff determines that the application is complete and signed accordingly, the community development director shall forward the application to the mayor and city council for consideration and approval. The mayor and city council shall review the final plat at their next regularly scheduled meeting and shall approve the plat unless the plat substantially differs from the previously approved preliminary plat or is inconsistent with any specific adopted plans or policies. (f) A final plat application may be denied without prejudice, thereby allowing the applicant to resubmit a revised plat for consideration without the necessity of paying a new application fee, if the application is found to be substantially different from the previously approved preliminary plat, inconsistent with any specific adopted plans or policies, or inconsistent with the public health, safety and welfare. (g) The final plat shall be considered approved upon the vote of approval by the mayor and city council. (h) After being approved by the mayor and city council, the city shall cause the final plat to be recorded with the clerk of the superior court of Fulton County. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 13 of 34 (i) Should the final plat application be denied, the basis for the denial shall be stated in writing to the applicant. The subdivider may file an appeal in accordance with section 50-232. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-94. - Minor plat approval. (a) For a minor plat, after staff determines that the application is complete, the community development director shall review the minor plat and shall approve the plat unless the plat is inconsistent with any specific adopted plans or policies, or is inconsistent with the public health, safety and welfare. (1) Should the community development director not approve the minor plat, the basis for the denial shall be stated in writing to the applicant. The subdivider may file an appeal in accordance with section 50-233. (b) After the review and approval by the community development director, a minor plat shall be placed on the consent agenda of the mayor and city council meeting. (c) After being confirmed by the mayor and city council, the city shall cause the final plat to be recorded with the clerk of the superior court of Fulton County. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 14 of 34 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Secs. 50-95—50-112. - Reserved. ARTICLE IV. - GENERAL PRINCIPLES OF THE LAND Sec. 50-113. - Suitability of the land. Land subject to flooding, improper drainage, erosion, and deemed unsuitable for development in accordance with the city's standards shall not be platted for any use that may continue such conditions or increase the danger to health, safety, life, or property unless steps are taken to eliminate the hazards mentioned in this section. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-114. - Access. (a) Unless otherwise herein noted, every subdivision shall be accessed by publicly dedicated streets, private streets or modified, single-family residential, access or shared (private drive) driveways in accordance with the following: (1) The proposed access shall meet the city's standards and regulations. Field Code Changed Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 15 of 34 (2) No access road intended to be private is to be extended to serve property outside that development unless approved by the public works department. (3) In residential subdivisions, any private access shall be maintained by a mandatory homeowners' association and documents of incorporation shall be submitted to the director of community development for review and approval prior to the recording of the final plat. (4) The subdivider shall provide all necessary easements for ingress and egress for police, fire, emergency vehicles and all operating utilities. (5) The final plat of any subdivision that contains private streets or access shall clearly state that such streets or access are private. (6) In subdivisions approved under the provisions of a minor plat and where the minimum lot size is three acres or greater the lots may be served by a modified, single-family residential, access or shared (private drive) driveway designed to fire department access standards. When such access is provided the final minor plat shall clearly indicate the necessary access easements. The access easements shall be privately maintained. (b) When land is subdivided, the created parcels shall be arranged and designed so as to allow for the opening of future streets and provide access to those areas not presently served by streets. (c) No subdivision shall be designed so as to completely eliminate street access to adjoining parcels of land without current street access. (d) Lots may share access as stipulated herein. Lot frontage and access do not necessarily have to be along or front the same public street, if approved by the director. (e) The director shall have the right to encourage design of the subdivision in a manner that will: (1) Enhance traffic circulation and other community needs; (2) Encourage pedestrian traffic to schools, parks, existing and planned greenspace corridors, and neighborhood shopping centers; (3) Reduce impacts on streams and lakes; (4) Reduce unwanted noise, lights on neighboring lots; and (5) Discourage vehicular speeding on local streets. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-115. - Conformance to city comprehensive plan. (a) All proposed subdivisions shall conform to the city comprehensive plan and development policies in effect at the time of submission. (b) The director shall not approve plats when such planned features, as specified by the comprehensive plan, are not incorporated into the plat. (c) Whenever the plat proposes the dedication of land for public use and the director or the appropriate agency finds that such land is not acquired consistent with the appropriate agency plans, policies, or priorities, the director may either refuse to approve the plat, or require the rearrangement of lots to include such land. (d) If a development is proposed within one mile of any roadway operating at a level of service "D" or worse, in accordance with the county transportation standards, a traffic mitigation action plan must be submitted and approved by the director prior to the issuance of a land disturbance permit. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 16 of 34 (e) The term "greenspace," as referred to in this chapter, means a permanently protected land including agricultural and forestry land that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following purposes: (1) Water quality protection for rivers, streams, and lakes; (2) Flood protection; (3) Wetlands protection; (4) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks; (5) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species; (6) Scenic protection; (7) Protection of archaeological and historic resources; (8) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; and (9) Connection of existing or planned areas contributing to the purposes set out in this section. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-116. - Zoning and other regulations. (a) No subdivision shall be created or recorded that does not comply with the standards of the zoning ordinance (chapter 64) and the approved conditions of zoning for the property. (b) Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in the zoning regulations, building codes, or other official regulations or resolutions, the most restrictive shall apply unless set forth in the conditions of zoning. (c) All proposed subdivisions shall comply with the city stormwater design manual. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-117. - Amendments. (a) Modifications of the provisions set forth in these regulations may be approved by the director when granting of such modification will not adversely affect the general public or nullify the intent of these regulations. (b) Should the director deny a request to modify in accordance with subsection (a) of this section, the applicant may appeal the director's decision in accordance with section 50-231. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Secs. 50-118—50-136. - Reserved. ARTICLE V. - CONSERVATION SUBDIVISION Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 17 of 34 Secs. 50-137—50-155. - Reserved. ARTICLE VI. - DESIGN STANDARDS Sec. 50-156. - Compliance with this article required. All applicable design standards as set forth in this article and the standard details shall be observed in all plats as approved by the director. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-157. - Streets. All streets, public or private, shall be constructed to the construction standards of the city's public works department. (1) The arrangement, character, extent, width, grade, and location of all streets shall conform to the city comprehensive plan and shall consider their relation to existing and planned streets, topographical conditions, and appropriate relation to the proposed uses of the land to be served by such streets. (2) The streets serving residential subdivisions shall be arranged and designed such that their use for through traffic will be discouraged. (3) Where a subdivision contains a dead-end street or stub-street other than a cul-de-sac, the subdivider shall provide a temporary cul-de-sac within the right-of-way. Where a temporary cul- de-sac is required, the subdivider shall be responsible for maintaining and for the construction of the final street connection or turnaround as required. (4) Where a subdivision abuts or contains an existing or proposed street classified as a collector street or higher, the director may require frontage streets. Double frontage lots may be required to have screening and no access easements along lot lines fronting on arterials or collector streets. Deep lots with rear service drives, or other treatment as may be necessary for adequate protection of residential properties, may be required to afford separation of through and local traffic. (5) Where a subdivision borders on or contains a railroad right-of-way, or a full or partial access control facility right-of-way, the director may require a street approximately parallel to and on each side of the right-of-way. (6) Street right-of-way widths for major streets shall be dedicated as specified in the city comprehensive transportation plan and the right-of-way dedication and reservation plan. Other street right-of-way widths shall be not less than as specified under section 50-160. (7) Where a subdivision abuts an existing street, the subdivider shall dedicate additional right-of- way on the existing streets to meet the requirements as set forth in the right-of-way dedication and reservation plan. (8) New road grades should be as indicated in the following table: Street Type New Road Grade (maximum) Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 18 of 34 Collector 8% Major subdivision street 12% (1) Minor subdivision street 14% Driveway, modified, single-family residential, access or shared (private drive) 10% (2) Notes— (1) Grades exceeding 12 percent shall not exceed a length of 250 feet. (2) Or as approved by the City of Milton Fire Marshal. (9) Interparcel access shall be provided to adjacent properties upon determination by the director that such access is in the best interest of the public health, safety, or welfare. In residential subdivisions, where private streets are proposed, the director may require a public street for interparcel connection purposes; the director may also require a shared access. (10) Alignment. a. Minimum vertical. All local roads with 25 miles per hour designs shall be connected by vertical crest curves of a minimum length not less than 12 times the algebraic difference between the rates of grade, expressed in feet per hundred. All local roads with a 25 miles per hour design speed shall be connected by vertical sag curves of minimum length not less than 26 times the algebraic difference between the rates of grade, expressed in feet per 100. In any case, the sight distance shall meet the minimum requirements of this article. 1. In proposed approaches of new streets to intersections with existing streets, there shall be a suitable leveling of the street at a grade not exceeding three percent and for a distance of not less than 50 feet as measured from the back of the curb of the intersecting street. 2. In approaches to intersections internal to residential subdivisions, there shall be a suitable leveling of the street at a grade not exceeding five percent and for a distance of not less than 50 feet as measured from the center point of the intersection. b. Minimum horizontal; radii of centerline curvature. The minimum horizontal shall be not less than the following: 1. Major subdivision street designed for 35 miles per hour: 200 feet. 2. Other major subdivision street: 100 feet. 3. Minor subdivision street: 100 feet. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 19 of 34 c. Tangents; between reverse curves. The minimum tangents shall be not less than the following: 1. Major subdivision streets designed for 35 miles per hour: 100 feet. 2. Other major subdivision street: 50 feet. 3. Minor subdivision street, where there is no super-elevation: 50 feet. d. Intersection visibility requirements. 1. Roadways and their intersections shall be designed such that the proper sight distance is maintained. 2. Minimum sight distance shall be determined by the operating speed of the road as determined by the public works department. 3. Intersection sight distance shall be no less than the following: Minimum Sight Distance Feet Speed (in mph) 280 25 335 30 390 35 445 40 500 45 610 55 4. Minimum horizontal visibility shall be measured on the centerline. 5. When a proposed curb cut intersects an existing roadway, the minimum visibility shall be provided as follows: (i) When measuring in the horizontal plane, the intersection sight distance is determined with the following assumptions. A. The driver's eye location is to be assumed at the centerline of the exiting lane of the proposed curb cut behind the stop bar. B. The object location is to be assumed at the centerline of the closest oncoming lane for each direction. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 20 of 34 (ii) When measuring in the vertical plane, intersection sight distance is determined with an assumed height of driver's eye and an assumed height of the object of three and one-half feet. (iii) When measuring in either plane, the line of sight must remain in the proposed dedicated right-of-way, unless sufficient easements, maintenance agreements, indemnifications agreements are provided, or additional right-of-way is dedicated. e. Stopping sight distance visibility requirements. 1. Roadways and their intersections shall be designed such that proper stopping sight distance is maintained. 2. Minimum sight distance shall be determined by the design speed of the proposed road as determined by the public works department. 3. Stopping sight distance along a roadway shall be no less than the following: Stopping Sight Distance Visibility Requirements Feet Speed (in mph) 155 25 200 30 250 35 4. Minimum vertical visibility for stopping sight distance along the roadway shall be determined by measuring between two points of which the height of the driver's eye shall be assumed at three and one-half feet to an assumed object which is two feet in height. The line of sight must remain within the proposed dedicated right-of-way, unless sufficient easements, maintenance agreements, and indemnification agreements are provided, or additional right-of-way is dedicated. 5. Minimum horizontal visibility for stopping sight distance shall be measured on the centerline. (11) Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle less than 80 degrees. Detailed designs of intersections shall be required to include all striping and pedestrian crosswalks. Pedestrian crossing signs and signals may be required. (12) The curbline radius at street intersections shall parallel the right-of-way radius. (13) Right-of-way radius. The right-of-way radius at street intersections shall be at least 20 feet, and where the angle of intersection is less than 90 degrees, the public works department may require a greater radius. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 21 of 34 (14) The centerline offsets on streets internal to a residential subdivision shall not be less than 200 feet. The centerline offsets for all other streets and curb cuts providing access to developments shall not be less than 300 feet, except greater centerline offsets may be required by the director. (15) Cul-de-sac streets shall be designed so that the maximum desirable length shall be 600 feet. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-158. - Blocks. (a) The lengths, widths, and shapes of blocks shall be determined with due regard to: (1) Provisions of adequate building sites suitable to the special needs of the type of use contemplated; (2) Zoning requirements as to lot sizes and dimensions unless a planned unit development is contemplated; (3) Needs for convenient access, circulation, control and safety of street traffic; and (4) Limitations and opportunities of topography. (b) Residential blocks shall be wide enough to provide two tiers of lots, except where fronting on streets classified as a collector street or higher or prevented by topographical conditions or size of the property. The director may require or approve a single tier of lots of minimum depth. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-159. - Lots. (a) The size, shape, arrangement, orientation of every lot shall be subject to the director's approval for the type of development and use contemplated. Proposed internal lot lines (not on the street side) shall not be curved. (b) Every lot shall conform to the dimension, area, and size requirements of the zoning ordinance (chapter 64) and conditions of zoning. (c) Lots not served by a public sewer or community sanitary sewerage system and public water shall meet the dimension and area requirements of the department of health. (d) Double frontage lots shall be prohibited, except as approved by the director provided that such lots are essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography, orientation, and property size. A planted screen may be required along lot lines abutting a traffic artery or other use that would have potential negative impact. (e) The creation of remnant lots that are below minimum standards shall be prohibited unless such lots are designated as common area on the final plat and maintained by the homeowners' association or some other entity approved by the city. (f) Each lot shall have direct access to an abutting, existing public street or to a street contained within the proposed subdivision. A connection through an approved private drive may be permitted by the director. (g) The subdividing of land adjacent to or surrounding an existing or proposed lake where lots abutting the lake shall be drawn to the centerlines of the lake or identified a common area, maintained by the homeowner's association. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 22 of 34 ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-160. - Subdivision streets. (a) The minimum requirements for major subdivision streets shall be as follows: (1) Right-of-way: 50 feet. (2) Pavement width: 24 feet back of the curb to back of the curb. (3) Cul-de-sac: a. Right-of-way: 50-foot radius with a ten-foot radius landscape island. b. Pavement width: 40-foot radius to back of the curb. (4) Sidewalks. In accordance with section 50-182(d). (5) Street trees. If required by the director, street trees shall be installed on both sides at a spacing approved by the city arborist. (b) The minimum requirements for minor subdivision streets shall be as follows: (1) Right-of-way: 44 feet. (2) Pavement width: 22 feet back of the curb to back of the curb. (3) Cul-de-sac: a. Right-of-way: 42-foot radius with a eight-foot radius landscape island. b. Pavement width: 32-foot radius to back of the curb. (4) Sidewalks. In accordance with section 50-182(d). (5) Street trees. If required by the director, street trees shall be installed on both sides at a spacing approved by the city arborist. (c) For streets other than mentioned in subsections (a) and (b) of this section, the director shall determine the required cross section. For modified, single-family residential, access or shared (private drive) driveways the design standards shall comply with the standards set forth herein and the Appendix D-Fire Apparatus Roads of the International Fire Code (latest edition). The City of Milton Fire Marshal may approve variances from these design standards provided the public health, safety and welfare is protected and the variance is in the best interest of the City of Milton. (d) All residential subdivision streets shall be designed for a maximum of 25 miles per hour. The director may require that subdivision streets that will not provide direct residential access be designed for up to 35 miles per hour. (e) Where streets are longer than 600 feet, traffic calming devices shall be incorporated to include green space, islands, residential roundabouts, or other traffic calming devices as approved by the director. Where traffic calming devices such as speed bumps are used, they shall not exceed six inches in height. The minimum distance between individual devices shall not be less than 500 feet, and shall not be more than 900 feet. All services must conform to the city's design standards. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-161. - Gated communities. Gates installed in subdivisions with more than one lot shall comply with the following: Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 23 of 34 (1) Plan approval and a permit shall be obtained prior to installing of any gates. The permit fee shall be calculated in accordance with applicable building permit fees. Gates shall not prohibit public access to dedicated areas as defined within these regulations. (2) No gate shall be installed within the city's right-of-way. (3) The gate shall not create a dead end street without first installing a cul-de-sac conforming to the city's standards on a dead-end street exceeding 250 feet in length. (4) Gates shall provide for stacking distance, turnaround and emergency vehicle access as required by the city. (5) Gate permits may be denied based on traffic conditions, interconnectivity needs, and when not in compliance with adopted guidelines. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Secs. 50-162—50-180. - Reserved. ARTICLE VII. - REQUIRED IMPROVEMENTS Sec. 50-181. - Utility improvements required by this article. Every subdivider shall be required to install or have installed the appropriate public utility and improvements referred to in this article as found in the following documents: (1) Department of Public Works: Standard Plans. (2) Fulton County Comprehensive Storm Drainage and Criteria Manual. (3) Sewer Regulations of Fulton County. (4) City of Milton Tree Preservation Ordinance. (5) Utility Accommodation: Guidelines and Procedures. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-182. - Streets. (a) Grading. The required improvements for street grading shall be as follows: (1) All street rights-of-way shall be cleared and graded to standards of the public works department. (2) Finished grades shall be at levels approved in accordance with the standard plans. (3) When property adjacent to the street is not owned by the subdivider, he or she shall obtain the necessary easements of sloping banks before submitting for a land disturbance permit (LDP). (b) Street paving/striping. The required improvements for street paving/striping shall be as follows: (1) All street paving widths shall be in conformance with standards set forth in article VI. (2) Street pavement shall be installed according to standards adopted by the mayor and city council. (3) Striping shall be installed according to standards adopted by the mayor and city council. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 24 of 34 (4) On all roads adjacent to a development, the adjacent lane of the road must be widened to provide a 12-foot lane. The road must be milled and repaved throughout the subdivision frontage and along the roadway improvements, whichever is greater. The road must either be resurfaced from edge to edge, or it must be milled and repaved to the centerline. No more than one inch vertical drop may be allowed at the pavement/gutter joint and a maximum of six inches of exposed curb must be retained. (5) No striping should be provided on subdivision streets designed for 25 miles per hour, except for stop bars and 50 feet of double yellow centerlines, to be located at each entrance to the subdivision. (c) Curbs and gutters. The required improvements for curbs and gutters shall be as follows: (1) Curbs and gutters shall be installed on all streets except noted herein. Installations shall be in accordance with standards adopted by the mayor and city council. (2) Curbs and gutters shall be of a straight or standard construction on one or both sides where sidewalks are required. (3) Curbs and gutters may be waived by the director if the sidewalk along the same portion of the roadway is set back a minimum of 12 feet from the edge of pavement and drainage is adequately addressed. Setbacks greater than 12 feet may be required by the director. (d) Sidewalks. The required improvements for sidewalks shall be as follows: (1) Introduction. a. Purpose. The objective is to provide facilities that ensure safe pedestrian movement in the city. b. Intent. Sidewalks are intended to provide a safe pedestrian connection between the subdivision/development and nearby destinations. Pedestrians consist of children walking to and from school and neighborhood activities, as well as adults walking to and from neighborhood shopping and transit stops. In addition to the need for sidewalks for circulation and safety, sidewalks can be important elements in the recreational system of this community. They can also serve as walking and hiking trails. (2) Performance approach. a. Performance factors. The performance approach shall be applied in determining the need for sidewalks. In this case, the decision to require a development to provide sidewalks shall be made on a case-by-case basis. b. Several basic factors shall be used in applying the performance approach. These are street classification and current/potential future volume of pedestrian traffic; residential land use/development density; relation to residential areas; proximity of schools, school bus stops, shopping areas; and proximity of parks, libraries, bike paths/pedestrian trails, greenspace corridors, and other land uses, zoning overlay districts or form based code areas. 1. Street classification and volume of pedestrian traffic. As traffic volume and road speeds increase, there is more need for separate pedestrian ways to ascertain safety. Sidewalks shall be provided along local streets, collectors, arterials, and private roads according to the density standards in subsection (d)(2)b.2. of this section. 2. Residential land use and development density. (i) Sidewalks shall be provided along both sides of all local streets where the residential land use designation in the comprehensive plan is three units/acre or higher density. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 25 of 34 (ii) Sidewalks shall be provided along at least one side of all local streets where the residential land use designation in the comprehensive plan is one to two units/acre. Residential land use designation of one unit or less shall be decided on a case-by-case basis using the other factors contained in subsection (d)(2)b. of this section. 3. Relation to residential areas. In general, sidewalks are intended to be within the street right-of-way. This traditional location of sidewalks may be replaced in cluster developments by a flexible pedestrian circulation system. Such a system would connect individual dwelling units with other units, off-street parking, open space systems, and recreational facilities. Also, this system may be permitted to meander through the development within prescribed sidewalk easements. If the sidewalk leaves the right-of-way, an easement and indemnification agreement must be provided for public access and maintenance. 4. Schools, active parks, zoning overlay districts or from based code districts. (i) Sidewalks shall be required in subdivisions located within one-half mile of an existing or proposed school or active park on both sides of any street that provides access to such school or active park. Minor plats may be exempted from the requirement to provide sidewalks internal to the subdivision if the community development director determines that the public health, safety and welfare is protected and such exemption would be in the best interest of the City of Milton. Subdivisions at each side of the street shall provide sidewalks along the corresponding frontage in accordance with section 48-562. (ii) Sidewalks shall be provided where required within all zoning overlay districts and form based code districts as may be specified within those regulations. 5. Sidewalks are needed in areas where the following nonresidential land use designations exist: (i) Sidewalks shall be required along both sides of all streets in commercial, living- working, and business park land use designation areas. (ii) Sidewalks may be required in industrial subdivisions. (iii) Sidewalks may be required within a distance of up to one mile along both sides of the streets leading to or going through places of public assembly/transit facilities/other congested areas and other similar places deemed proper by the director of community development for public necessity and safety. 6. Relation to established pattern of sidewalks. Notwithstanding the locational requirement for sidewalks in subsection (d)(2) of this section, their future location should follow the already established pattern of existing sidewalks (e.g., on one side of the street, on both sides, etc.). (3) General specifications. a. Sidewalks shall be provided by the subdivider at no cost to the city. b. Sidewalks shall have a minimum width of five feet indicated by a note on the preliminary plat. c. Sidewalks along roadways shall not be adjacent to street curbs without a minimum two-foot landscape strip. d. For nonresidential developments, sidewalks shall be a minimum of six feet wide. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 26 of 34 e. Sidewalks must be provided on or adjacent to an individual lot prior to the issuance of a certificate of occupancy. f. Prior to the recording of the final plat, 125 percent of the cost of the internal sidewalks for any residential subdivision must be performance bonded. This bond will be released when all sidewalks internal to the development have been constructed and approved. All required sidewalks must be provided internal to any residential subdivision within two years of the recording of the final plat, otherwise, the bond is forfeited and the city will use the funds to complete the sidewalk construction. (4) Review guidelines. The director of community development may issue guidelines to facilitate the application of the performance-based approach of subsection (d)(2) of this section including, but not limited to, a point system. The intent is to ascertain fairness and consistency in the application of this section. (5) Exception. When the developer requests to install (within a development) sidewalks that are not required by this chapter and at no cost to the city, the director of community development may approve a reduction to a minimum width of four feet. (e) Street trees. The required improvements for street trees shall be as follows: (1) Street trees and other shrubbery that may be retained or planted shall not obstruct sight distances and shall be subject to the director's approval. (2) Street trees that may be required by the director along the street shall be of a species approved as street trees in accordance with section 50-160. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-183. - Water supply. (a) Where a public water supply is within 300 feet, the subdivider shall install or have installed a system of water mains and connect to such supply. The installation of mains and connections to each lot shall be installed prior to the paving of the street, if possible. The installation shall include services and meter boxes if it is connected to the North Fulton Water System. (b) Where a public water supply is not available, each lot in a subdivision shall be furnished with a water supply system approved by the health department. (c) A separate water service connection shall be provided for each residential unit. Meters shall be located as specified by the utility company. (d) Fire hydrants shall be located and set in accordance with Fulton County and the City of Milton Standard Plans, where applicable. In addition, the fire hydrants shall be serviced by the following: (1) Not less than an eight-inch diameter main if the system is looped. (2) Not less than an eight-inch diameter main if the system is not looped or the fire hydrant is installed on a dead-end main exceeding 300 feet in length. Automatic flushing valves may be required by Fulton County. (e) When required by the public works department, a reuse water irrigation distribution system to each lot shall be installed. This system shall consist of an eight-inch diameter ductile iron pipe identified as "nonpotable water," painted purple in accordance with standard pipe identification schedules, and installed on the south or east shoulder of the right-of-way limit. All pipes and appurtenances must be in accordance with the Fulton County Water Reuse Standards. Each property owner requesting an irrigation meter shall connect to the reuse water main, if activated. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 27 of 34 (f) If a subdivision is replatted and the originally platted lots' configuration is changed after the water service lines have been installed, the water system shall be modified to properly serve each lot in accordance with the Fulton County water specifications. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-184. - Sanitary sewerage system management. (a) When public sanitary sewers are within 300 feet of the subdivision, the subdivider shall provide sanitary sewer services to each lot within the bounds of the subdivision. All street sewers serving lots in the subdivision shall be installed by the subdivider. A formula may be developed by the public works department to provide for a sharing of the costs of sewerage facilities needed to serve the subdivision and other subdivisions in the same drainage basin. (b) When, in the written opinion of the health and wellness department and the public works department, a public sanitary sewer is not accessible, an alternate method of sewage disposal for each lot or a community sewerage disposal system may be used, when in compliance with the standards of the health and wellness department and the Fulton County sewerage regulations. (c) When the operation of a temporary sanitary sewerage system requires land to be set aside for a disposal plant, the property owner shall give the county title to the property for as long as the plant is in operation. The title may carry a reversionary clause returning the property to the owner when the site is no longer necessary for the operation of the plant. (d) In a drainage basin, which at the time of plat application is scheduled for a public sewerage system, all subdivisions shall be provided with a temporary community sewerage disposal system as approved by the public works department and the health and wellness department. The system shall include permanent sewerage outfall lines, plus a temporary treatment plant to be installed by the subdivider. (e) Whenever the installation of a sanitary sewer is required, as provided by these rules and regulations, no new street shall be paved without the sewer being first installed in accordance with the requirements of the sewer specifications of the city's public works department and the Fulton County sewerage regulations. (f) If a subdivision is replatted and the originally platted lots configuration is changed after the sewer service lines have been installed, the sewer system shall be modified to properly serve each lot in accordance with Fulton County sewer specifications. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-185. - Stormwater provisions. (a) Stormwater management. Engineering and construction on any land within the city shall be carried out in a manner as to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion, or deposition upon private property or public streets of water-transported silt and debris. (1) Proper drainage plans shall be submitted for review by the department. These plans shall be prepared by a professional engineer or landscape architect, currently registered to practice in the state, with stamp affixed. (2) The plans shall be accompanied by profiles of natural and proposed drainageways, including: a. Storm pipes; Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 28 of 34 b. Cross sections; c. Drainage swales; and d. Downstream analysis. (b) Design for stormwater management. (1) Grading and drainage plans required by this section must be accompanied by a hydrology study that complies with the stormwater management ordinance. (2) The purpose of the hydrology study is as follows: a. Identify the surface water runoff quantity, quality and rate; b. Establish runoff management control requirements for the development; c. Furnish all design calculations for the management control facilities, surface water conveyance systems (before and after development runoff); and d. Furnish design calculations for the volume of storage required. (3) A schedule indicating the timing for planting or mulching for temporary or permanent ground cover shall be submitted with these grading and drainage plans. (4) Erosion control devices must be installed prior to the initiation of grading and construction; the engineer must state this requirement on the engineering drawings. (5) In order to ensure full compliance with the approved construction plans, final plat approval will be withheld until "as-built" drawings, prepared by a professional engineer or landscape architect currently registered in the state, have been submitted and approved by the department in accordance with section 50-93. No occupancy permit shall be issued until released by the department. (6) The owner shall be responsible for the maintenance of the storm drainage facilities during grading and construction, and for a 15-month period following final plat approval. Maintenance will be construed to include preserving the enclosing walls or impounding embankment of the detention basin and permanent sedimentation ponds and security fences, in good conditions; ensuring structural soundness, functional adequacy, and freedom from sediment of all drainage structures; and rectifying any unforeseen erosion problems. (c) Detention/retention design. (1) General provisions. a. Installation of properly functioning detention facilities, including outflow control devices, shall be the responsibility of the owner. If any control devices are damaged or destroyed during grading or construction, all processes shall cease until such devices are restored to their functioning capability. The owner, through application for grading or construction permits, accepts the responsibility of maintenance of the control devices. b. When serving more than three lots, except when all the single family residential lots are each a minimum of three acre in size, detention ponds, retention ponds, and water quality features (including all required access easements, landscape strips, and fences) shall be located on a separate parcel where no home can be constructed. This parcel shall be owned and maintained by the homeowners' association or the owners of the lots being served by this pond. The parcel shall have a minimum f 20-foot-wide continuous access to a public or private road in a manner that allows access and maintenance of this parcel. In addition, this parcel will not be required to meet the normal lot standard. (2) Layout design standards. The ponds layout shall provide for the following minimums: Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 29 of 34 a. Twenty-foot graded access easement; b. Twenty-foot landscape strip for screening purposes; c. Ten-foot access easement for maintenance; and d. Six-foot-high fence. (3) Alternative design standards. Applicants are encouraged to carry out innovative detention/retention layout that is intended to make such facilities an attractive amenity or focal point to the subdivision. To achieve that, the director may approve the following alternative design standards in lieu of those in subsections (c)(1) and (c)(2) of this section: a. Such alternative design should provide for attractive layout and means for detaining/retaining/moving water. b. The design should follow the natural land forms around the perimeter of the basin. The basin should be shaped to emulate a naturally formed depression. c. Redistributing soils from basin construction to create natural landforms around the perimeter of the basin is encouraged. These forms should be located strategically to filter views or redirect and soften the views from residential areas. d. Side slopes of basins must not exceed one foot vertical for every four-foot horizontal. Where possible, side slopes should be varied to imitate natural conditions. Associated natural landforms should have side slopes no greater than one foot vertical for every three- foot horizontal to accommodate lawn maintenance equipment. Varied slopes will be encouraged. e. The applicant should consider the use of plant materials that naturally grow in the area. Trees and shrubs should be grouped in informal patterns to emulate the natural environment. The intent is to soften the views of these basins. (4) Design guidelines. The director may issue design guidelines illustrating details of the standards in subsection (c)(3) of this section. (d) Storm drain system stenciling/identification. (1) All residential subdivision and commercial entity storm drainage structures or facilities (e.g., catch basins, storm sewer inlets, culverts, impoundment facilities, manholes, and other facilities that convey stormwater runoffs) shall be properly identified. (2) Each drainage structure shall be identified with the use of durable and reusable Mylar stencils (stencils will not be provided by the county) that measure 20 inches by 30 inches with two-inch lettering and an environmentally formulated, water base, but soluble striping paint (color blue). The message on the stencil shall read: "DUMP NO WASTE" (Picture of a trout) "DRAINS TO STREAM" (e) Sanitary and storm sewer easement. (1) All permanent easements shall be 20 feet in width. When access for maintenance purposes is required, the maximum longitudinal slope along the easement shall be 30 percent at grade in the steepest direction. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 30 of 34 (2) No fill shall be placed on a sanitary or storm sewer easement without approval by the public works director. All sanitary manholes must extend to the ground surface. All easements terminating on a parcel shall extend to the property line. (3) No retaining wall, building, pole, sign or other vertical structure shall be constructed in sanitary and storm sewer easements, including vehicular access easements around structures, without approval from the public works director. No fence shall be placed across sanitary or storm sewer easements without gates to which the public works department has full access. No planting shall take place in a sanitary or storm sewer easement that will impede vehicular access along the easement or endanger the pipeline. No surface water shall be impounded on a sanitary sewer easement. No other pipeline or utility shall be placed in a sanitary or storm sewer easement without approval by the public works director. (4) Each lot or parcel of land in a subdivision shall have a separate sewer connection terminating at the easement limit or right-of-way limit with a vertical cleanout pipe. No connection of the public sewerage system shall be made except at a sewer connection approved by the public works director. (5) No surface water, groundwater, storm drain, gutter, downspout, or other conveyance of surface water or groundwater shall be discharged into the sanitary sewer. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-186. - Plans and construction. (a) No sanitary sewer shall be accepted by the county without an "as-built" drawing showing the horizontal and vertical alignment of the sewer system, the locations of all manholes, sewer connections, piping materials, required easement limits and junctions, and property lines. This should be provided in the form of plans, profiles, and plats; when possible, an electronic copy of the required data, compatible with the city's geographical information system (GIS), should be submitted. (b) No storm sewer shall be accepted by the city without an "as-built" drawing showing the horizontal and vertical alignment of the sewer system; the locations of all manholes, junctions, detention ponds, retention ponds, and sewer system outfalls discharging into ditches or creeks; sewer connections, piping materials, required easement limits; and property lines. This information shall be provided in the form of plans, profiles, details, sections and plats and, when possible, in an electronic form compatible with the city's geographical information system (GIS) and the applicable department of public works' database. (c) In the case of single-family residential subdivisions, by written application, the owner may request that the city assume partial maintenance responsibility of drainage facilities, effective after the expiration of the initial maintenance 15 months. Within 60 days after receipt of such application, the director shall respond in writing to the owner/applicant. Such response shall set forth additional terms and conditions for acceptance. However, maintenance by the city shall be limited to ensuring the functional adequacy of such drainage structures. The maintenance responsibility shall remain partially with the homeowners' association unless and until, and only to the extent that, the homeowners' association is expressly relieved of such responsibility pursuant to and in accordance with a written instrument signed by the director. Appropriate easements shall be executed and recorded pursuant to this subsection. For all other types of development, responsibility for maintenance of storm sewer system and detention ponds including, but not limited to, periodic silt removal to maintain functional integrity, will remain the owner's responsibility. Maintenance responsibility shall constitute an obligation running with the land and shall be binding upon the owner's executors, administrators, heirs, successors, and successors-in-title. The owner/developer shall provide stabilization, including vegetation, and installation of security fences for safety purposes at detention facilities, as prescribed, prior to approval of the final plat by the director. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 31 of 34 (d) Any single-family detached home which involves less than 10,000 square feet of cleared area, or all impervious surface areas combined, shall be exempted from the provisions of a hydrology study. In no such case, however, shall grading involve over 25 percent of the total land area. (e) All engineering and construction, regardless of whether such engineering or construction is being accomplished on public land or on public easements, shall meet the minimum requirements of these regulations. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-187. - Monuments and iron pipes. (a) Permanent monuments shall be accurately set and established to tie with the county GIS monuments or as required by the director. (b) The monuments shall consist of two, two-inch iron pipes, 16 inches in length, or T bars, 24 inches in length, or other approved materials. The monuments shall be set so that the top of the pipe shall be six inches above the ground level, unless otherwise approved by the public works department. (c) The accurate location, material, and size of all existing monuments shall be shown, on the final plat, as well as the future location of monuments to be placed after street improvements have been completed. (d) Iron pipes at least one-half inch by 16 inches shall be used and shall be set two inches above the finished grade. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-188. - Underground utilities. (a) All existing and proposed utilities, including all electrical, telephone, television and other communication lines, both main and service connections, serving or having capacity of 69 KV or less, abutting or located within a requested land disturbance area, shall be installed under ground in a manner approved by the applicable utility provider and in compliance with the city's right-of-way and erosion control regulations, if applicable. (b) Lots that abut existing easements or public rights-of-way, where overhead electrical or telephone distribution supply lines and service connections have previously been installed, may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. Should a road widening or an extension of service, or other such conditions, occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be under ground. (c) Contractors or developers of subdivisions shall: (1) Submit drawings of the subdivision layout showing locations of underground electrical cable, transformers, and other related fixtures, in accordance with the standard plans. These drawings must be approved by the city before installation of the underground utility and before a building permit can be issued. (2) Pay all cost for poles, fixtures, or any related items of materials necessary for the installation to the utility company. (3) Submit proof of payment for complete installation. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 32 of 34 (4) Have an agreement with the appropriate power company for complete maintenance of all installations and provide proof of payment. (d) Streetlights and pedestrian lighting. (1) Streetlights and pedestrian lights shall be provided by the developers of all new subdivisions, except land subdivided under the provisions of a minor plat. All subdivisions shall be required to install street lights where those street lights are required along the frontage of a property based on the requirements of the zoning district. At the time of, and as a requirement of, submission of a final plat, the developer shall: a. Submit a drawing of the subdivision's layout showing locations of streetlights and required pedestrian lights. This drawing must be approved by the director prior to obtaining any building permit within the subdivision. The layout shall be shown on the land disturbance permit. Fixtures and standards/poles installed or used shall be approved by the city and by the utility company which shall be responsible for the maintenance of the facilities. 1. Streetlight fixtures shall be mounted 30 feet above the ground and shall have appropriate arm length to place the light over the street. No arm shall be less than five feet long. Post-top luminaries may be permitted when approved by the city, providing same are in compliance with the requirements of the zoning ordinance (chapter 64). Fixtures shall be located no more than 300 feet apart and at least one light shall be located at each street intersection within the subdivision. When a subdivision is located in a zoning overlay district, light standards shall comply with the requirements of the overlay district. 2. Pedestrian lights shall be installed as required by the overlay district or the specific zoning case. b. Pay all costs for standards/poles, fixtures and any other related items or material necessary for installation. c. Submit proof of payment for complete installation to the director. d. Submit a copy of an executed agreement with the utility company for complete maintenance of all installations. (2) When street lighting is requested by existing residents, these residents shall: a. Submit a petition to the public works department from the residents affected showing a 90- percent support for the request. The affected residents shall be all residents whose properties are located, in whole or in part, within 150 feet of a proposed streetlight. b. The request to the city for streetlights shall include a sketch indicating the individual location of lights within the subdivision, along with the residential location of each signatory to the petition. c. If standards/poles within the subdivision for the placement of these lights do not exist, or do not meet utility company requirements, it shall be the petitioners' responsibility to have these standards/poles placed prior to installation of the streetlights, at their cost. Installation of poles within the county's right-of-way shall be subject to the approval of the public works director. The streetlight fixtures are to be installed at the expense of the petitioners. (3) When each of the applicable items in subsection (c) of this section has been completed, the City of Milton shall: a. Assume maintenance responsibility and make the monthly payments to the utility company for electrical energy for each streetlight when at least 50 percent of the dwelling units in the subdivision have been occupied. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 33 of 34 b. Pay only the current monthly negotiated amount for electrical energy for each streetlight. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Secs. 50-189—50-207. - Reserved. ARTICLE VIII. - FEES Sec. 50-208. - Required with submission of application. Every application for a preliminary plat, final plat, or other plat submitted pursuant to these regulations shall be submitted to the director along with such fees as may be established from time to time by the mayor and city council. Failure to pay such fees as required shall cause the plat to be returned to the applicant, without acceptance for review or consideration by the city. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-209. - Fees associated with preliminary plat. Following the approval of a preliminary plat and prior to authorization to begin construction, the developer shall pay the required inspection, water and sewer connection, curb cut, and street sign fees as may be established from time to time by the mayor and city council. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-210. - Bond costs associated with final plat approval. Prior to approval of a final plat and as a prerequisite for acceptance of any such final plat, the developer shall provide such performance bonds, maintenance bonds, or cash assurances as required by these regulations and as established from time to time by the mayor and city council. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Secs. 50-211—50-229. - Reserved. ARTICLE IX. - ADMINISTRATION AND ENFORCEMENT Sec. 50-230. - Authority of director. These subdivision regulations shall be administered and enforced by the director of community development. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-231. - Denial; appeal procedure for preliminary plat. Should the director deny a preliminary plat, a written explanation shall be provided to the subdivider stating the basis for the denial. Within 30 days of the date of said written explanation, the owner of record Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 1, 2021 (First Presentation on February 17, 2021) Page 34 of 34 or the subdivider may file with the community development department a letter appealing the decision which, together with a report from the director, shall be forwarded to the mayor and city council for consideration pursuant to article 22 of chapter 64. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-232. - Denial; appeal procedure for final plat. Should the director or city council deny any final plat, a written explanation shall be provided stating the basis for the denial. The owner of record or the subdivider may file a writ of certiorari filed with the Superior Court of Fulton County within 30 days of the date of the mayor and city council's decision. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-233. - Denial; appeal for directors review comments or minor plat. (a) Should an applicant disagree with the director's review comments with respect to or denial of a minor plat, concluding factual or interpretive errors have been made, the following appeal procedure is intended to resolve the issues: (1) Submit to the director within 30 days of the comments at issue, a letter clearly defining the nature of the disagreement, the specific reference to the article of this chapter at issue, and the applicant's opinion. (2) The director shall submit the request to the technical staff review committee. The technical staff review committee shall be selected by the director and formed from the appropriate departments' staff, relative to the subject appeal. (3) The technical staff review committee shall provide comments and a written recommendation to the director within ten working days. (4) Should the director, after review of the applicant's statement and the recommendation of the technical staff review committee, conclude that these provisions would not be violated, the director shall modify his or her comments accordingly. (5) Should the director conclude that these regulations would be violated, the director shall provide the applicant with a written letter of denial and advise the applicant of the appeal process to the board of zoning appeals. (6) The board of zoning appeals shall, after receiving a report from the director, decide the issue. The decision shall constitute the final administrative appeal. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) Sec. 50-234. - Appeal hearing; variance to design standards (article VI) and required improvements (article VII). The board of zoning appeals may issue a variance to the provisions of articles VI and VII of this chapter in accordance with the procedures for primary variances described in chapter 64. The board of zoning appeals shall base its decision on hardships as described in chapter 64. ( Ord. No. 18-08-368 , § 2(Exh. A), 8-6-2018) CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 24, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Reappointing Members to the City of Milton Greenspace Advisory Committee. MEETING DATE: Monday, March 1, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X March 1, 2021 X STATE OF GEORGIA RESOLUTION NO. ______ COUNTY OF FULTON A RESOLUTION REAPPOINTING MEMBERS TO THE CITY OF MILTON GREENSPACE ADVISORY COMMITTEE WHEREAS, Milton, Georgia is a duly formed political subdivision of the State of Georgia, with all the powers attendant thereto; WHEREAS, the City Council has previously established the Milton Greenspace Advisory Committee (“MGAC”); WHEREAS, the City Council has previously established the number and identity of those to serve on the MGAC; WHEREAS, it has been further established that those appointed to the MGAC would be public officials of the City of Milton; WHEREAS, it was further established that the initial term for MGAC members would be randomly assigned by City staff, with one-half of the members having four (4) year terms and the remaining members having three (3) year terms; WHEREAS, following expiration of the initial three (3) year terms, all subsequent and reappointed MGAC members would thereafter serve terms of four (4) years; WHEREAS, the terms of the original MGAC Committee Members serving three (3) year terms expired May, 14, 2020; WHEREAS, those members whose terms expired have been serving in a hold-over capacity since that time; WHEREAS the City Council is now prepared to reappoint those Committee members whose initial three (3) year terms have expired to serve new terms on the MGAC. THEREFORE, BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on _________, 2021 at ___ p.m. that the following three (3) individuals are hereby reappointed to serve on the MGAC: SECTION 1. That Robert Friction is hereby reappointed, retroactively, for a second term commencing May 15, 2020 and ending on May 15, 2024 and, SECTION 2. That Steve Wheeler is hereby reappointed, retroactively, for a second term commencing May 15, 2020 and ending on May 15, 2024 and, SECTION 3. That Colt Whittall is hereby reappointed, retroactively, for a second term commencing May 15, 2020 and ending on May 15, 2024 and, SECTION 4. That this Resolution shall become effective upon its adoption. SO RESOLVED, the public health, safety, and welfare demanding it, this ___ day of _________, 2021. Approved: ________________________ Joe Lockwood, Mayor Attest: ____________________________ Tammy Lowit, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 23, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of An Amended Emergency Ordinance of the Mayor and Council of the City of Milton, Georgia under Section 3.18 of the Charter of the City of Milton, Georgia to Provide the Operation of the City of Milton, Georgia During the Public Emergency known as the Novel Coronavirus Disease 2019 Global Pandemic; to Become Effective Upon Adoption by the Council; to Supersede the Existing Emergency Ordinance; and for Other Purposes MEETING DATE: Monday, March 1, 2021 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X March 1, 2021 X X X 1 STATE OF GEORGIA ORDINANCE NO. ________ COUNTY OF FULTON AN AMENDED EMERGENCY ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA UNDER SECTION 3.18 OF THE CHARTER OF THE CITY OF MILTON, GEORGIA TO PROVIDE FOR THE OPERATION OF THE CITY OF MILTON, GEORGIA DURING THE PUBLIC EMERGENCY KNOWN AS THE NOVEL CORONAVIRUS DISEASE 2019 GLOBAL PANDEMIC; TO BECOME EFFECTIVE UPON ADOPTION BY THE COUNCIL; TO SUPERSEDE THE EXISTING EMERGENCY ORDINANCE; AND FOR OTHER PURPOSES. WHEREAS, the Mayor and Council of the City of Milton, Georgia are charged with the protection of the public health, safety, and welfare of the citizens of the City of Milton, Georgia; and WHEREAS, Section 3.18 of the Charter of the City of Milton, Georgia empowers the Mayor and City Council to adopt an emergency ordinance to meet a public emergency affecting life, health, property, or public peace; and WHEREAS, the novel coronavirus disease 2019 (“COVID-19”) global pandemic is a public emergency affecting and threatening life, health, property, and public peace; and WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency due to COVID-19; and WHEREAS, on March 14, 2020, Governor Brian Kemp declared a statewide emergency in Georgia, describing COVID-19, and the corresponding pandemic, as a public health emergency; and WHEREAS, the Governor’s declaration has been repeatedly extended; WHEREAS, the Governor’s declaration of statewide emergency is currently set to expire on April 8, 2021; and WHEREAS, on March 16, 2020, the Mayor and City Council for the City of Milton declared via Emergency Ordinance that an emergency exists in the City of Milton based on COVID-19; and 2 WHEREAS, the City of Milton’s Emergency Ordinance has been renewed on several occasions, with the most recently adopted version of the Ordinance having been extended through and including March 9, 2021; WHEREAS, it is the intention of the City of Milton to readopt and reinstitute the Emergency Ordinance effective March 9, 2021 and extending through April 8, 2021, coterminous with the Governor’s statewide declaration of emergency; WHEREAS, the Mayor and City Council continue to find that a state of local emergency exists in Milton, due to COVID19; WHEREAS, pursuant to the powers conferred by the City of Milton’s various Emergency Ordinances, as well as those powers conferred by Section 18-25 of the Milton Code, the Mayor has issued various emergency declarations for the purpose of mitigating the impact of COVID-19 on the citizens and businesses of Milton; WHEREAS, the City Council has an interest in extending the declared state of local emergency and further extending certain enumerated Mayoral declarations to run coterminous with the period of declared local emergency; and, WHEREAS, the City Council also has an interest in providing relief to those businesses negatively affected by COVID-19. NOW THEREFORE, THE MAYOR AND COUNCIL FOR THE CITY OF MILTON HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the WHEREAS and Preamble sections, above, are hereby incorporated verbatim herein and the factual statements and findings are hereby ratified and affirmed; SECTION 2. That the Declaration of Emergency set forth in the March 20, 2020 Emergency Ordinance and the associated Proclamation of the Mayor declaring a local emergency due to COVID-19, are hereby further renewed and extended from March 9, 2021 until 11:59 p.m. on April 8, 2021; SECTION 3. That Sections 4, 5 and 7 of the March 20, 2020 Emergency Ordinance are renewed and extended; 3 SECTION 4. That the following Mayoral Declarations are hereby extended to run coterminous with the term of this Emergency Ordinance:  March 20, 2020 Declaration – allowing “to go” malt beverage and wine alcohol sales for restaurants having a consumption on the premise license;  March 23, 2020 Declaration – allowing restaurants and retail to place certain additional temporary signage; SECTION 5. That the City of Milton’s Reopening Plan was approved on May 18, 2020 and continues in full force and effect. SECTION 6. That during the term of this Emergency Ordinance City staff are empowered to unilaterally modify those internal City Council rules with respect to how the public may interact with the Council, to ensure that during the term of this Emergency Ordinance, citizens are provided enhanced flexibility on engaging with the Council. By way of example, only, this many mean that citizens may email questions or comments to the Council and those be read into the record – even if the citizen is not in physical attendance at the Council meeting. SECTION 7. That during the effective date of Emergency Ordinance, it is the expectation of the Mayor and Council that all agencies of the City will assemble live and in person to conduct City business. However, in the event that COVID-19 (either due to diagnosis or exposure of agency members) results in a quorum of agency members being unable to assemble in person, the Council does hereby authorize such agencies to meet via teleconference (virtually), with this Ordinance providing the requisite justification for such virtual/teleconference meeting. This accommodation is to ensure that the important business of the City continues. The Chair of the pertinent agency shall confer with the Mayor as to the necessity of conducting the meeting virtually, with it anticipated that the Mayor and the Chair will come to mutual agreement on the need to conduct a virtual meeting. If there is a disagreement, the Mayor shall make the final determination. The reason for meeting virtually (i.e., COVID-19 diagnosis or quarantine resulting in the inability to assemble a quorum) shall be entered upon the minutes when the agency assembles for its virtual meeting. SECTION 8. This New Emergency Ordinance shall become effective and operational commencing March 9, 2021 and shall expire at 11:59 p.m. on April 8, 2021, and may be reenacted, extended, terminated, or amended upon affirmative action taken at a meeting of the City Council called by the Mayor or two (2) 4 councilmembers of the City Council. SO ORDAINED this ___st day of March 2021 by the Mayor and Council of the City of Milton, Georgia. THE CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Attest: Tammy Lowit, City Clerk