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Agenda Packet - CC - 02/17/2021
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Wednesday, February 17, 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. 21-029) 5) PUBLIC COMMENT (General) Updated 2/13/2021 MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 17, 2021 Page 2 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) CONSENT AGENDA 1.Approval of the January 20, 2020 City Council Meeting Minutes. (Agenda Item No. 21-030) (Tammy Lowit, City Clerk) 2.Approval of the February 1, 2020 City Council Meeting Minutes. (Agenda Item No. 21-031) (Tammy Lowit, City Clerk) 3.Approval of the Financial Statements and Investment Report for the Period Ending December 2020.(Agenda Item No. 21-032) (Bernadette Harvill, Finance Director) 4.Approval of a Construction Services Agreement with Pavement Technology, Inc. for Asphalt Rejuvenation Applications on Milton Streets.(Agenda Item No. 21-033) (Robert Drewry, Public Works Director) 5.Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and North Fulton Express Oil, LLC, dba Express Oil Change and Tire Engineers.(Agenda Item No. 21-034) (Bernadette Harvill, Finance Director) 6.Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and Extra Mile Auto Tire and Service, LLC. (Agenda Item No. 21-035) (Bernadette Harvill, Finance Director)) 7.Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and Speed Auto Repair, LLC.(Agenda Item No. 21-036) (Bernadette Harvill, Finance Director) 8.Approval of a Construction Services Agreement with Kings Ridge Christian School for Cogburn Road Sidewalk.(Agenda Item No. 21-037) (Robert Drewry, Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 17, 2021 Page 3 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9. Approval of Subdivision Plats and Revisions. Name of Development / Location Action Comments / # lots Total Acres Density 1. Aldi – The Shops at Windward Village 12990 Alpharetta Hwy. LL 1041, 1042, 1047 & 1048 Dist. 2 Sect. 2 Re-Combination Plat Revise expanded footprint of the Aldi grocery store 3.657 Acres N/A to Commercial Development (Agenda Item No. 21-038) (Tracie Wildes, Land Development Manager) 10. Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and Halftime Sports LLC. to Provide Youth Basketball Programming and Camps. (Agenda Item No. 21-039) (Tom McKlveen, Parks and Recreation Manager) 11. Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and Milton Tennis Center to Provide Youth and Adult Tennis Programming and Camps. (Agenda Item No. 21-040) (Tom McKlveen, Parks and Recreation Manager) 12. Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and North Georgia Recreation, Inc. to Provide Youth Boys Lacrosse. (Agenda Item No. 21-041) (Tom McKlveen, Parks and Recreation Manager) 13. Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and Rush Union, Inc. to Provide Adult Soccer Programming. (Agenda Item No. 21-042) (Tom McKlveen, Parks and Recreation Manager) 14. Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and Uniquely Fitt to Provide Youth and Adult Fitness and Wellness Programming. (Agenda Item No. 21-043) (Tom McKlveen, Parks and Recreation Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 17, 2021 Page 4 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 15.Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and Starr Petronella Photography, LLC, d/b/a Capture Your Light to Provide Recreation Photography Classes. (Agenda Item No. 21-044) (Tom McKlveen, Parks and Recreation Manager) 7) REPORTS AND PRESENTATIONS 1.Proclamation Recognizing Arbor Day 2021.(Agenda Item No. 21-045) (Mayor Joe Lockwood) 2.Discussion of Breweries and Distilleries in Crabapple and Deerfield(Agenda Item No. 21-046) (Sarah LaDart, Economic Development Manager) 8) FIRST PRESENTATION 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) (Robyn MacDonald, Zoning Manager) 2.Consideration of Text Amendment RZ21-02 – sec. 64-2 Definitions (As it Relates to Driveways and Large Lots Incentives). (Agenda Item No. 21-048) (Robyn MacDonald, Zoning Manager) 3.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) (Robyn MacDonald, Zoning Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 17, 2021 Page 5 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Amend Chapter 2, Article VI, Division 11 and Article VIII, Division 4 of the Code of Ordinances of the City of Milton, Georgia to Align the Sections with Regards to Conducting Business with City Employees and Officials. (Agenda Item No. 21-024) (First Presentation at February 1, 2021 City Council Meeting) (Ken Jarrard, City Attorney) 2. Consideration of a Resolution and Ordinance Amending Section 3.22(b )(10) - Powers and Duties of the Mayor and Section 7.18 - Charter Commission of the Charter for the City of Milton, Georgia (Agenda Item No. 21-026) (New Business at February 1, 2021 City Council Meeting) (Ken Jarrard, City Attorney) 12) NEW BUSINESS 1. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Parks and Recreation Advisory Board by Appointing a Board Member At-Large. (Agenda Item No. 21-050) (Mayor Joe Lockwood) 2. Consideration of the Issuance of an Alcohol Beverage License to Persis Biryani Indian Grill, 631 North Main Street, Milton, Georgia 30009. (Agenda Item No. 21-051) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 17, 2021 Page 6 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Parks & Recreation 3. Information Services 4. Community Outreach 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 21-052) CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending December 2020. 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: __________ X February 17, 2021 X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 9, 2021 for the February 17, 2021 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 3 – December 2020 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 4.23% over what is anticipated for the third period of the fiscal year. Please remember as you look at the financial statements that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to-date are $7,030,898 and are 8.30% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $16,968,217, capital expenditures-to-date total $2,388,099. Please note that the financial statements for capital related funds include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 14 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending December 2020 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 12,081,525 7,498,481 7,292,841 205,640 11,979,252 11,810,127 169,125 Motor Vehicle Tax 742,799 110,478 61,472 49,006 227,543 122,944 104,600 Intangible Tax 266,000 145,103 22,158 122,945 145,103 44,316 100,787 Real Estate Transfer Tax 100,000 57,268 8,330 48,938 57,268 16,660 40,608 Franchise Fees 2,174,624 97,625 87,500 10,125 150,284 137,300 12,984 Local Option Sales Tax 8,775,931 771,475 731,035 40,440 1,580,195 1,462,070 118,125 Alcohol Beverage Excise Tax 300,000 31,424 24,900 6,524 63,436 49,800 13,636 Fireworks Excise Tax 250 - - - - - - Business & Occupation Tax 800,000 8,682 40,000 (31,318) 17,325 40,000 (22,675) Insurance Premium Tax 2,500,000 - - - - - - Financial Institution Tax 50,000 - - - - - - Penalties & Interest 26,400 4,169 2,696 1,473 10,677 6,248 4,428 Alcohol Beverage Licenses 160,000 11,065 8,000 3,065 167,186 152,000 15,186 Other Non-Business Permits/Licenses 34,000 4,173 2,732 1,441 13,121 8,197 4,924 Zoning & Land Disturbance Permits 58,500 5,210 4,873 337 9,090 14,619 (5,529) Building Permits 350,000 35,302 28,000 7,302 84,500 91,000 (6,500) Intergovernmental Revenue 7,500 - - - - - - Other Charges for Service 474,210 37,994 21,968 16,026 106,424 71,089 35,335 Municipal Court Fines 400,000 27,464 33,320 (5,856) 98,113 99,960 (1,847) Interest Earnings 84,500 1,568 7,039 (5,471) 5,367 21,117 (15,750) Contributions & Donations - - - - - - - Other Revenue 110,128 8,419 8,607 (189) 61,459 26,122 35,337 Other Financing Sources 15,000 885 3,750 (2,865) 885 3,750 (2,865) Total Revenues 29,511,367 8,856,783 8,389,221 467,562 14,777,228 14,177,318 599,910 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 161,081 8,286 9,581 (1,295) 35,557 44,481 (8,924) City Clerk 296,633 24,333 18,387 5,947 74,508 107,469 (32,960) City Manager 846,407 65,176 58,010 7,165 161,575 155,885 5,690 General Administration 45,557 9,769 10,507 (738) 16,415 17,485 (1,070) Finance 642,277 71,715 62,773 8,943 189,945 183,120 6,826 Legal 335,000 17,447 27,906 (10,459) 66,627 83,717 (17,090) Information Technology 1,383,409 104,355 121,908 (17,553) 338,268 385,344 (47,076) Human Resources 372,280 27,222 27,622 (400) 98,411 104,836 (6,424) Risk Management 265,345 - - - 140,844 140,424 420 General Government Buildings 325,126 63,388 63,522 (134) 98,372 116,836 (18,464) Communications 263,418 19,429 18,935 494 65,423 74,244 (8,821) Community Outreach & Engagement 186,569 13,475 13,766 (291) 39,376 43,798 (4,422) Municipal Court 370,108 24,408 25,619 (1,211) 74,843 79,210 (4,367) Police 5,198,242 359,378 385,890 (26,512) 1,185,480 1,333,714 (148,234) Fire 7,454,408 578,344 577,907 437 1,642,354 1,782,849 (140,496) Public Works 2,788,578 172,219 191,517 (19,298) 536,169 630,536 (94,366) Parks & Recreation (Active)1,282,458 74,264 98,845 (24,581) 186,754 259,797 (73,043) Passive Parks/Greenspace 159,574 877 5,931 (5,054) 20,799 27,664 (6,866) Community Development 1,787,047 107,541 132,605 (25,064) 380,724 404,473 (23,749) Economic Development 156,247 8,554 13,845 (5,292) 34,184 47,301 (13,116) Debt Service - - - - - - - Operating Transfers to Other Funds 6,577,082 548,090 548,090 - 1,644,271 1,644,271 - Operating Reserve 243,198 - - - - - - Total expenditures 31,140,044 2,298,270 2,413,166 (114,897)7,030,898 7,667,451 (636,553) Net Income/(Loss)(1,628,677)6,558,513 7,746,331 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Crabapple Fest Vendor Fee 1,000$ -$ -$ (1,000)$ Interest Revenues - 0 2 2 Crabapple Fest Sponsor 7,500 - - (7,500) Gas South Partnership - 104 104 104 Total revenues 8,500$ 104$ 106$ (8,394)$ EXPENDITURES Current: Special Events 101,178$ 1,343$ 13,974$ 87,204$ Total Expenditures 101,178$ 1,343$ 13,974$ 87,204$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 24,000 1,752$ 3,226 (20,774) Total other financing sources and uses 24,000$ 1,752$ 3,226$ (20,774)$ Net change in fund balances (68,678)$ (10,643)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2020 3 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds - - - - Interest Revenues/State Funds - 0 0 0 Interest Revenues/Federal Funds - 1 2 2 Total revenues -$ 1$ 2$ 2$ EXPENDITURES Current: Police -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 2$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2020 4 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES E-911 Fees 1,000,000$ 87,193$ 87,193$ (912,807)$ Total revenues 1,000,000$ 87,193$ 87,193$ (912,807)$ EXPENDITURES Current: Public Safety 1,000,000$ 87,193$ 87,193$ 912,807$ Total Expenditures 1,000,000$ 87,193$ 87,193$ 912,807$ Net change in fund balances -$ -$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2020 5 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CARES Act -$ 445,362$ 1,651,603$ 1,651,603$ Interest Revenues - 12 32 32 Total revenues -$ 445,374$ 1,651,635$ 1,651,635$ EXPENDITURES Current: General Administration -$ -$ -$ - Total Expenditures -$ -$ -$ -$ Excess of revenues over expenditures -$ 445,374$ 1,651,635$ 1,651,635$ OTHER FINANCING SOURCES (USES) Transfers Out to General Fund -$ -$ (1,651,635)$ (1,651,635)$ Budgeted Fund Balance - - - - Total other financing sources and uses -$ -$ (1,651,635)$ (1,651,635)$ Net change in fund balances -$ (0)$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2020 6 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 24,000$ 1,752$ 3,226$ (20,774)$ Total revenues 24,000$ 1,752$ 3,226$ (20,774)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 24,000$ 1,752$ 3,226$ (20,774)$ Total other financing sources and uses 24,000$ 1,752$ 3,226$ (20,774)$ Net change in fund balances -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2020 7 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 690$ 690$ 690$ (109,310)$ Infrastructure Maint Penalty & Interest - - - - - Tree Recompense - - - - - Landfill Use Fees 45,000 - - - (45,000) Interest Revenue - 41 86 86 86 Insurance Proceeds/Public Safety - - 25,662 25,662 25,662 Total revenues 155,000$ 731$ 26,438$ 26,438$ (128,562)$ EXPENDITURES Capital Outlay General Admin 13,762$ -$ -$ 27,413$ (13,651)$ Finance 61,665 - - - 61,665 Information Services 68,914 - - - 68,914 General Govt Bldg 92,000 - - - 92,000 Police 404,849 - 181,155 181,155 223,694 Fire 1,238,489 331 525 396,521 841,968 Public Works 9,129,191 856,774 2,190,099 3,618,658 5,510,532 Parks & Recreation (Active)3,531,503 - 16,320 141,058 3,390,445 Passive Parks/Greenspace 1,680,222 - - - 1,680,222 Community Development 747,622 - - 375,807 371,815 Total Capital Outlay 16,968,217$ 857,105$ 2,388,099$ 4,740,612$ 12,227,605$ Excess of revenues over expenditures (16,813,217)$ (856,375)$ (2,361,661)$ (4,714,174)$ (12,356,167)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,927,056$ 410,588$ 1,231,764$ 1,231,764$ (3,695,292)$ Contingencies (148,021) - - - 148,021 Total other financing sources and uses 4,779,035$ 410,588$ 1,231,764$ 1,231,764$ (3,547,271)$ Net change in fund balances (12,034,182)$ (1,129,897)$ (3,482,410)$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2020 8 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,531,461$ 954,246$ 1,526,246$ 1,526,246$ (5,215)$ Real Property Tax-Prior Year 500 1,103 1,145 1,145 645 Public Utility Tax-Current Year 11,808 - - - (11,808) Personal Property Tax-Current Year 23,268 15,615 20,935 20,935 (2,333) Personal Property Tax-Prior Year - 176 163 163 163 Motor Vehicle Tax 4,200 387 943 943 (3,257) Penalties & Interest - Real Property 1,500 353 991 991 (509) Penalties & Interest - Personal Property - 41 43 43 43 Interest Revenue (Regions)9,000 41 84 84 (8,916) Interest Revenue (SunTrust)- 10 15 15 15 Total revenues 1,581,737$ 971,972$ 1,550,565$ 1,550,565$ (31,172)$ EXPENDITURES Capital Outlay Passive Parks/Greenspace 5,030,175$ -$ 2,337$ 49,598$ 4,980,577$ Fiscal Agent's Fees 1,306 - - - 1,306 Bond Principal 895,000 - - - 895,000 Bond Interest 816,125 - 408,063 408,063 408,063 Total Capital Outlay 6,742,607$ -$ 410,399$ 457,661$ 6,332,208$ Excess of revenues over expenditures (5,160,870)$ 971,972$ 1,140,166$ 1,092,904$ 6,301,036$ Net change in fund balances (5,160,870)$ 1,140,166$ 1,092,904$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2020 9 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,000,000$ 578,727$ 1,193,481$ 1,193,481$ (4,806,519) Interest Revenues - 27 73 73 73 Realized Gain or Loss (GA Fund 1)72,000 807 2,919 2,919 (69,081) Total revenues 6,072,000$ 579,561$ 1,196,473$ 1,196,473$ (4,875,527)$ EXPENDITURES Capital Outlay Public Works 22,996,046$ 76,372$ 525,828$ 4,815,867$ 18,180,178 Total Capital Outlay 22,996,046$ 76,372$ 525,828$ 4,815,867$ 18,180,178$ Excess of revenues over expenditures (16,924,046)$ 503,189$ 670,645$ (3,619,395)$ 13,304,651$ Net change in fund balances (16,924,046)$ 670,645$ (3,619,395)$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2020 10 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Assistance to Firefighters Grant 81,573$ -$ -$ -$ (81,573)$ Recreation Trail Program 192,228 - - - (192,228) Land & Water Conservation Grant 200,000 - - - (200,000) LMIG Funds 440,000 - - - (440,000) Smart Communities 44,078 37,314 37,314 37,314 (6,764) Trail Connection to Big Creek Greenway 392,800 - - - (392,800) Interest Revenues - 3 14 14 14 Total revenues 1,350,679$ 37,317$ 37,328$ 37,328$ (1,313,351)$ EXPENDITURES Fire 90,637$ -$ 90,637$ 90,637$ -$ Public Works 1,647,796 5,464 558,260 563,796 1,084,000 Parks & Recreation 586,188 2,000 4,000 49,645 536,544 Community Development 1,032 26 136 1,011 21 Total Capital Outlay 2,325,653$ 7,489$ 653,033$ 705,089$ 1,620,565$ Excess of revenues over expenditures (974,974)$ 29,827$ (615,705)$ (667,761)$ 307,213$ Net change in fund balances (974,974)$ (615,705)$ (667,761)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2020 11 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 30,000$ 3,615$ 7,231$ 7,231$ (22,769)$ Law Enforcement Fund 13,000 1,518 3,036 3,036 (9,964) Fire Fund 72,500 8,697 17,394 17,394 (55,106) Road Fund 110,000 10,854 21,708 21,708 (88,292) Park Fund 650,000 99,442 198,883 198,883 (451,117) Interest Revenues/Admin Fund - 1 2 2 2 Interest Revenues/Law Enforcement Fund - 0 1 1 1 Interest Revenues/Fire Fund - 1 4 4 4 Interest Revenues/Road Fund - 2 5 5 5 Interest Revenues/Park Fund - 14 46 46 46 Total revenues 875,500$ 124,144$ 248,309$ 248,309$ (627,191)$ EXPENDITURES General Government Buildings 13,000$ -$ -$ -$ 13,000$ Fire 381,632 - - - 381,632 Public Works 110,000 - - - 110,000 Parks & Recreation (Active)2,420,255 - - - 2,420,255 Community Development 76,878 - - 35,998 40,880 Total Capital Outlay 3,001,766$ -$ -$ 35,998$ 2,965,768$ Excess of revenues over expenditures (2,126,266)$ 124,144$ 248,309$ 212,311$ 2,338,577$ Net change in fund balances (2,126,266)$ 248,309$ 212,311$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2020 12 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Interest Revenues (Regions)-$ 1$ 54$ 54$ 54$ Total revenues -$ 1$ 54$ 54$ 54$ EXPENDITURES Capital Outlay General Government Buildings 130,360$ -$ 3,614$ 102,242$ 28,119$ Fire 3,745,300 8,900 12,467 294,393 3,450,907 Fiscal Agent's Fees 1,807 - 1,806 1,806 1 Bond Principal 770,000 770,000 770,000 770,000 - Bond Interest 878,219 448,734 448,734 448,734 429,485 Total Capital Outlay 5,525,687$ 1,227,634$ 1,236,622$ 1,617,175$ 3,908,511$ Excess of revenues over expenditures (5,525,687)$ (1,227,634)$ (1,236,568)$ (1,617,122)$ 3,908,565$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,650,026$ 137,502$ 412,507$ 412,507$ (1,237,520)$ Total other financing sources and uses 1,650,026$ 137,502$ 412,507$ 412,507$ (1,237,520)$ Net change in fund balances (3,875,661)$ (824,061)$ (1,204,615)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2020 13 of 14 Amount Percent Yield Money Market - Quantum Bank 5,392,371 14%0.11% GA Fund 1 18,133,966 47%0.06% GA Fund 1 (TSPLOST)14,862,584 39%0.06% Grand Total Investment Portfolio 38,388,921 100% Current Month YTD Current Month YTD Interest earned 1,544 5,343 807 2,919 Budgeted interest 7,000 21,000 6,000 18,000 Variance over/(under)(5,456) (15,657) (5,193) (15,081) General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending December 31, 2020 14 of 14 CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement with Pavement Technology, Inc. for Asphalt Rejuvenation Applications on Milton streets. 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: __________ X X February 17, 2021 X X To: Honorable Mayor and City Council Members From: Robert Drewry, Director of Public Works Date: Submitted on February 2, 2021 for the February 17, 2021, Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement with Pavement Technology, Inc. for Asphalt Rejuvenation Applications on Milton Streets as Outlined in the Agreement ____________________________________________________________________________________ Department Recommendation: The Public Works Department recommends approval of this Construction Services Agreement. Executive Summary: This Construction Services Agreement with Pavement Technology, Inc. will provide a pavement preservation treatment to Milton the streets listed in the agreement. These preservation treatments will prolong the life of the asphalt on these roads. This also includes all materials, labor, and equipment to complete this work. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-4101-522260000 Requisition Total: $66,430.00 Vendor DBA: Pavement Technology, Inc. Other quotes or bids submitted (vendor/$): Asphalt Paving Systems - $72,270.00 Financial Review: Bernadette Harvill, February 2, 2021 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, January 22, 2021 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Construction Services Agreement MILTON'*k ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT Asphalt Rejuvenation Project This Construction Services Agreement (the "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 Milton City Council (hereinafter referred to as the "City"), and Pavement Technology, Inc. an Ohio corporation with its principal place of business located at 24144 Detroit Rd, Westlake, Ohio 44145 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited bids for construction of the Project pursuant to the Invitation to Bid, dated December 17, 2020, attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as "Exhibit B" and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number ITB 21-PW03 to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local Construction Services Agreement I Version 1.0 laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. 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 hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents": A. Request for Bids, attached hereto as "Exhibit A"; B. Bid Documents from Contractor, dated January 12, 2021, attached hereto as "Exhibit B"; C. Scope of Work, attached hereto as "Exhibit C"; D. Any required Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as "Exhibits D.1, D.2 and D.3"; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits G.1 and G.2"; H. Additional Payment/Retainage Requirements, attached hereto as "Exhibit H"; I. Supplementary Conditions (if issued), attached hereto as "Exhibit I", City of Milton Code of Ethics (codified in the official Code of the City of Milton); K. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description; Architect; Engineer; Contract Administrator A. Project. A general description of the Project is as follows: Apply Reclamite, an asphalt rejuvenation agent, as specified at each of the named locations detailed in the Scope of Work found at Exhibit "A" (the "Project"). A third -party Architect Construction Services Agreement I Version 1.0 or Engineer has not been retained related to this Project. B. Contract Administrator. The Contract Administrator for this Agreement shall be: Matthew Fallstrom, Capital Projects Manager. Section 3. The Work A. 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 provided in "Exhibit C", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work ("Commencement Date") and the expected date of final completion. Unless otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. Section 4. Contract Term; Liquidated Damages; Expedited Completion; Partial Occupancy or Use A. Contract Term. The term of this Agreement ("Term") shall commence on the Effective Date and continue until the earlier of completion or the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within ten (10) calendar days of the Notice to Proceed provided by the City, and the Parties intend that all Work shall be completed within seven (7) calendar days from the commencement of work. Every effort will be made by Contractor to shorten this period. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, 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 the City on September 30 each fiscal year of the Term, and further, that Construction Services Agreement ; Version 1.0 this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current fiscal year . Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Construction Services Agreement I Version 1.0 Section 5. Contractor's Compensation; Time and Method of Payment A. 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 $66,430.00 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon the lump sum amount stated in Exhibit "B". B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit H", attached hereto and incorporated herein by reference. C. Material Deviations. 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 the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Change Orders A. Change Order Defined. A "Change Order" means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The 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 the Contractor and the 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 the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. Construction Services Agreement � Version 1.0 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 the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton 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 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or �gny 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 Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the 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 Construction Services Agreement I Version 1.0 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. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the 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. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the 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 Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement. Construction Services Agreement I Version 1.0 It is the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiaritv with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Construction Services Agreement I Version 1.0 Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. Construction Services Agreement I Version 1.0 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. Construction Services Agreement I Version 1.0 I. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean [Up. Contractor shall keep the Project site(s) and surrounding area free from Construction Services Agreement I Version LO accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor's Representative. Mike Faustini CONTRACTOR'S REPRESENTATIVE] Contractor's behalf with respect to the representative. shall be Work as [INSERT NAME OF authorized to act on Contractor's designated N. Independent Conti -actor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, 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. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered Construction Services Agrecinew I Version 1.0 in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the 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 alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor 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. To the extent any Work may be considered engineering work, the obligation above is limited to indemnifying the City for Liabilities caused by the negligence or willful wrongdoing of Contractor and its agents. 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 Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor 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. P. Insurance. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Construction Services Agreement I Version 1.0 (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts (required if any professional services will be provided). (d) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) RESER VED. (f) Commercial Umbrella Liability Coverage: $ n/a . per Construction Services Agreement I Version 1.0 occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Parry" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Parry for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each insured Construction Services Agreement I Version 1.0 against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation oflndemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(0) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies Construction Services Agreement I Version 1.0 evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance and Payment bonds as a condition of this Agreement. At the conclusion of the Work, Contractor shall also provide City with a maintenance bond in the amount of one-third (1 /3) of the total amount paid under the Agreement, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of the Work. Bonds shall be provided on the forms attached hereto as "Exhibits DA, D.2 and D.3" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. Construction Services Agreement I Version 1.0 R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits GA and G.2" (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 its 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) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit G.1", and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit G.2", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor 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 Construction Services Agreement I Version 1.0 inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor 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 Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. T. Records, Reports and : Vid l ts. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Construction Services Agreement � Version LO Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor Construction Services Agreement I Version 1.0 wishes to keep such records confidential, Contractor 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. V. Licenses. Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. RESERVED. X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. During the performance of this Agreement, the Contractor agrees as follows: 1. Compliance with Regulations The Contractor shall comply with the Regulations, hereinafter defined, relative to nondiscrimination in federally -assisted programs of the Department of Transportation (the "DOT"), Title 49, Code of Federal Regulations, part 21, as they Construction Services Agreement I Version 1.0 may be amended from time to time (the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination The Contractor, with regard to the Work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, belief, political affiliation, or national origin in the selection and retention of employees or subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for Work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, and other sources of information and its facilities as may be determined by the City, GDOT, or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the City, or GDOT or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain such information. 5. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscriminatory provision of this Agreement, City shall impose contract sanctions as it or GDOT or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Agreement until Contractor complies; and/or (b) Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issue thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the City or GDOT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctioning noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interest Construction Services Agreement I Version 1.0 of the City and, in addition, the Contractor may request the Georgia Department of Transportation to enter into such litigation to protect the interests of the State and the United States to enter into such litigation to protect the interests of the United States. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Matthew Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the 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 6 above. Section 9. [sinal Project Documents; Warrant A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Construction Services Agreement I Version 1.0 Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) 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 the City. D. Pam. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the 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 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless Construction Services Agreement I Version 1.0 the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City's Rights; Contractor Default A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the deadline for completion of the Work. (ii) City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such Construction Services Agreement I Version 1.0 judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor's default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. RESERVED. Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, 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 or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governigg Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions, Severability. 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 Construction Services Agreement � Version 1.0 portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor 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 Matthew Fallstrom for the City and Mike Faustini [INSERT CONTACT NAME] for the Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar 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 addresses 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: City of Milton Attn: Procurement Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Pavement Technology Inc. 24144 Detroit Rd. Westlake, Ohio 44145 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of 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 Contractor with the terms and conditions of this Agreement. Further, no express Construction Services Agreement I Version LO 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, warranties, and insurance maintenance requirements. I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. J. 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 the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their 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 their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or 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. L. Headings. 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. M. 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. Construction Services Agreement I Version 1.0 N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Inter retation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents 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. P. Material Condition. Each term of this Agreement is material, and Contractor'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 the City at law or in equity. Q. Use of Singular and Plural. 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. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Construction Services Agreement I Version 1.0 CONTRACTOR: Pavement Technology, Inc. By: Print Name: Colin M. Durante CITY OF MILTON, GEORGIA .0 Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CIRCLE ONE] Fresiden ice President (Corporation) [CORPORATE SF� (required if corpo tion) Print Name: SusaKJ. Durante Its: Secretary/Treasurer ((Assistant) Corporate Secretary if corporation) Joe Lockwood, Mayor [CITY SEAL] Construction Services Agreement I Version 1.0 "EXHIBIT A" HOME OF'THP BEST cluALITY OF IIFF IN GEORGIA' M I LTON't ESTABLISHED 2006 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 21-PW03 Asphalt Rejuvenation Project Due Date and Time: January 12, 2021 Local Time: 2:00 p.m. ISSUING DEPARTMENT INFORMATION Issue Date: December 17, 2020 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Number of Pages: 110 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Electronic Submittal: **Bids must be Indicate in File Name: submitted electronically via Milton's Bid Number: ITB 21-PW03 BidNet procurement portal/platform Name of Company or Firm at www.cityofmiltonga.us If you have not registered as a Special Instructions: vendor via BidNet we encourage Deadline for Written Questions you to register. There is no cost to January 4, 2021 at 5:00 p.m. join, and you will be notified of any potential bid opportunities with the Submit questions online via the BidNet City of Milton as well as other Direct procurement portal at agencies who are part of the www. cityofmiltonga.us Georgia Purchasing Group. BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: Please 2rint name and sign in ink Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 21-PW03 1 I Page Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 13 Bid Bond (3 pages) 15 Qualifications Signature and Certification 18 Corporate Certificate 18 List of Subcontractors 19 Contractor Affidavit and Agreement (eVerify) 20 Disclosure Form 21 Project Specifications 22 Bid Schedule Form (2 pages) 37-38 General Conditions 39 EPD Air Quality Rules 45 Sample Contract Agreement 46 ITB 21-PW03 2 1 Page DEFINITIONS COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 21-PW03 3 1 Page M-1 I TON ESTABLISHED 2006 Invitation to Bid 21-PW03 The City of Milton is accepting sealed bids from qualified firms for the Asphalt Rejuvenation Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications (current edition), and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on January 12, 2021. Electronic bids shall be submitted online via BidNet Direct, the City's procurement portal, at www.cityofmiltonga.us . At approximately 2:30 P.M. Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. "Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link should the need to hold this type meeting arise. Any other interested members of the public may attend. Bids received after the above time will not be accepted. Questions must be also be submitted online in the same manner listed above for bids. Deadline for questions is January 4, 2021 at 5:00 p.m. Official answers to questions and potential change (Addendums) to the ITB (Addendums) will be posted at the same web locations as the ITB on or about January 6, 2021. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (21-PW03) and bid name (Asphalt Rejuvenation Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is to be determined prior to the issuance of the "Notice to Proceed." If weather ITB 21-PW03 4 1 Page (beyond normal) affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. ITB 21-PW03 5 1 Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT ITB Issue Date Deadline for Receipt of Written Questions .119 December 17, 2020 5 PM on January 4, 2021 Posting of Written Answers by City to Websites on or about January 6, 2021 ITB DUE No Later than 2:00 P.M. on January 12, 2021 Tentative Contract Award (on/about) Notice to Proceed (on/about) February 1 2021 To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (hftp://www.cityofmittonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 21-PW03 6 1 Page BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Schedule Form (2 pages) 37-38 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the Asphalt Rejuvenation Project, ITB 21-PW03. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. ITB 21-PW03 7 1 Page The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, responsible and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. INSURANCE REQUIREMENTS Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in ITB 21-PW03 8 1 Page connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. ITB 21-PW03 9 1 Page (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Covera e: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to ITB 21-PW03 10 1 Page require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1 /3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. ITB 21-PW03 11 1 Page Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 21-PW03 12 1 Page M11TON E5TABLISIIW i+JRG [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number: ITB 21-PW03 Asphalt Rejuvenation Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. ITB 21-PW03 13 1 Page The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of (Five Percent of Amount Bid). Dollars ($ If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of , 20 Bidder (Seal) Company Name Bidder Mailing Address: Signature: Print Name: Title: ITB 21-PW03 14 1 Page MILTON ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. (Seal) Bidder's Name and Corporate Seal Bv: Signature and Title: SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) ITB 21-PW03 15 1 Page Attest: Signature and Title: Note: (1) (2) Attest: Signature and Title: Above addresses are to be used for giving any notice required by the terms of this Bid Bond. Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their ITB 21-PW03 16 1 Page respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 21-PW03 17 1 Page MILTON 'It EST ISHID 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here ,Date CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This day of 20 (Seal) (Signature) ITB 21-PW03 18 1 Page MILTON ESTABLISHED 27 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: ITB 21-PW03 19 1 Page M I LTO NIP 7777 1511 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Asphalt Rejuvenation Project 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 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ITB 21-PW03 20 1 Page MILTON'Itt ESTAR ISllED 2Z DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ITB 21-PW03 21 1 Page PROJECT SPECIFICATIONS PROJECT DESCRIPTION: The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids/proposals for the FY21 Asphalt Rejuvenation Project. The project segments locations are depicted in the Bid Schedule. This project shall follow the City of Milton Specifications called out in this bid. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail, and the total price will be corrected. ITB 21-PW03 22 1 Page STANDARD SPECIFICATIONS FOR ASPHALT SURFACE PRESERVATION WITH A MALTENE BASED ASPHALT REJUVENATING AGENT ITB 21-PW03 23 1 Page ASPHALT REJUVENATING AGENT Scope This work shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt rejuvenating agent to asphaltic concrete surface courses. The rejuvenation of surface courses shall be by spray application of a maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract. Material Specifications The asphalt rejuvenating agent shall be an emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each bidder must submit with his bid a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt rejuvenating emulsion conforms to the required physical and chemical requirements. SPECIFICATIONS Test Method Tests ASTM Tests on Emulsion: Viscosity @ 25❑C, SFS Residue, % W1 Miscibility Test2 Sieve Test, %W3 Particle Charge Test Percent Light Transmittance4 D-244 D-244(Mod.) D-244 ( Mod. ) D-244(Mod.) D-244 GB Tests on Residue from Distillation: Requirements AASHTO Min. Max. T-59 15 40 T-59(Mod) 60 65 T-59(Mod) No Coagulation T-59(Mod) - 0.1 T-59 Positive G B - 30 Flash Point, COC, ❑C D-92 T-48 196 - Viscosity @ 60❑C, cSt D-445 _ 100 200 Asphaltenes, %w D-2006-70 - - 1.00 Maltene Dist. Ratio D-2006-70 _ 0.3 0.6 PC + A,'? S+A, PC/S Ratios D-2006-70 - 0.5 - ITB 21-PW03 24 1 Page Saturated Hydrocarbons,S5 D-2006-70 - 21 28 1 ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50 gram sample to 149 C (300 F) until foaming ceases, then cool immediately and calculate results. 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. 3 Test procedures identical with ASTM D-244-60 except that distilled water shall be used in place of two percent sodium oleate solution. 4 Test procedure is attached. 5 Chemical composition by ASTM Method D-2006-70: PC = Polar Compounds, A, = First Acidaffins A2 = Second Acidaffins, S = Saturated Hydrocarbons PROCEDURE FOR DETERMINING PERCENT LIGHT TRANSMITTANCE ON ASPHALT REJUVENATING AGENT A. SCOPE This procedure covers the determination of percent light transmittance of the asphalt rejuvenating agent. B. APPARATUS 1) Container may be either glass, plastic or metal having a capacity of 6,000 ml. 2) Graduated cylinder, 1,000 ml, or greater 3) Light transmittance measuring apparatus, such as Bausch and Lomb or Lumetron spectrophotometer 4) Graduated pipette having 1 ml capacity to 0.01 ml accuracy 5) Suction bulb for use with pipette 6) Test tubes compatible with spectrophotometer, 3/4" X 6, Bausch and Lomb, Catolog No. 33-17-81, (B&L) ITB 21-PW03 25 1 Page C. CALIBRATION OF SPECTROPHOTOMETER 1) Calibrate spectrophotometer as follows: (a) Set wavelength at 580 mu, (b) Allow spectrophotometer to warm-up thirty minutes, (c) Zero percent light transmittance (%LT) scale, (d) Rinse test tube three times with tap water and fill to top of circle marking on B&L test tube or approximately 2/3 full, (e) Place tube in spectrophotometer and set %LT scale at 100, and (f) repeat steps (c) and (e) two times or until no further adjustments are necessary. D. PROCEDURE 1) Shake, stir or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion in beaker and allow to stand one minute. 2) Place 2,000 ml tap water in container. 3) Suck 1.00 ml emulsion into pipette using suction bulb. Wipe off outside of pipette. 4) Using suction bulb, blow emulsion into container. 5) Rinse pipette by sucking in diluted emulsion solution and blowing out. 6) Clean pipette with soap or solvent and water. Rinse with acetone. 7) Stir diluted emulsion thoroughly. 8) Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. 9) Calibrate spectrophotometer. 10) Place diluted emulsion sample tube in spectrophotometer, cover and read %LT to nearest tenth. 1 1) Repeat steps 9 and 10 until three identical consecutive readings are achieved. 12) The elapsed time between addition of emulsion to dilution of water and final %LT reading should not exceed 5 minutes. MATERIAL PERFORMANCE The asphalt rejuvenating agent shall have the capability to penetrate the asphalt pavement surface. The asphalt rejuvenating agent shall be absorbed and incorporated into the asphalt binder. Verification that said incorporation of the ITB 21-PW03 26 1 Page asphalt rejuvenating agent into the asphalt binder has been affected shall be by analysis of the chemical properties of said asphalt binder i.e. viscosity shall be improved to the following extent. The viscosity shall be reduced by a minimum of forty, (40%) percent as determined by dynamic shear rheometer (DSR) method for asphalt testing in accord with AASHTO T315-05. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, in the upper 3/8" of pavement. In addition, the treated areas shall be sealed in-depth to the intrusion of air and water. The rejuvenating agent shall have a record of at least five years of satisfactory service as an asphalt rejuvenating agent and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder and provide an in-depth seal. Reclamite@, manufactured by D&D Emulsion, Inc., Mansfield, Ohio, is a product of know quality and accepted performance. The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid previous use documentation and test data conclusively demonstrating that; the rejuvenating agent has been used successfully for a period of five years by government agencies such as Cities, Counties, etc; and that the asphalt rejuvenating agent has been proven to perform, as heretofore required, through field testing by government agencies as to the required change in asphalt binder viscosity. Testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency. In addition, testing data shall be submitted to indicate said product performance over a testing period of three years to insure reasonable life expectancy. RECLAMITEOO , a product of Golden Bear Oil, a division of Tricor Refining, LLC. is a product of known quality and accepted performance. ITB 21-PW03 27 1 Page APPLICATOR EXPERIENCE The asphalt -rejuvenating agent shall be applied by an experienced applicator of such material. The bidder shall have a minimum of three years' experience in applying the product proposed for use. He must submit with his bid a list of five projects on which he applied said rejuvenator. He shall indicate the project dates, number of square yards treated in each and the name and phone number of the government official in charge of each project. A project superintendent knowledgeable and experienced in application of the asphalt -rejuvenating agent must be in control of each day's work. The bidder shall submit a written experience outline of the project superintendent. PRODUCT STANDARDS AND ALTERNATES The product "Reclamite"O for the asphalt rejuvenating agent as manufactured by Golden Bear oil, a division of Tricor Refining, LLC. is the standard for these specifications and the prices quoted on the Bid Sheet Base Bid shall be for this standard. Should a bidder wish to submit a bid for alternates to the Standard, said prices shall be entered on the BID SHEET as the "Alternate Bid" for each item. In the event that the bidder submits no bid for the Standard, only the "Alternate Bids" should be completed. Bidders may offer an ALTERNATE for the Standard specified in the Specifications provided the bidder adheres to the following and submits same with his bid. (a) List the proposed alternate on the BID SHEET form giving the product name and price. (b) Furnish complete specifications and descriptive literature for the alternate as well as a one -gallon sample of the material proposed for use. Such descriptive and detailed information shall be complete and at least equal in detail to the agency's requirements for the standard item for which the alternate is offered. (c) Submit a current Material Safety Data Sheet for the alternate materials. The agency will give the alternate consideration. The Contractor may furnish only those alternate items included in his proposal and approved by the agency prior to award of a contract. ITB 21-PW03 28 1 Page (d) Furnish all required test data and use documentation as hereto for required. If no ALTERNATE is indicated on the BID SHEET, the Contractor shall furnish the STANDARD (brand) specified in the attached specifications. Should the ALTERNATE offered be found unacceptable by the agency based on the data submitted with the bid and no bid is entered on the BID SHEET for the Standard, then said bid will be considered non-responsive. APPLICATION TEMPERATURE/WEATHER LIMITATIONS The temperature of the asphalt rejuvenating emulsion, at the time of application shall be as recommended by the manufacturer. The asphalt -rejuvenating agent shall be applied only when the existing surface to be treated is thoroughly dry and when it is not threatening to rain. The asphalt -rejuvenating agent shall not be applied when the ambient temperature is below 40❑ F. HANDLING OF ASPHALT REJUVENATING AGENT Contents in tank cars or storage tanks shall be circulated at least forty-five minutes before withdrawing any material for application. When loading the distributor, the asphalt rejuvenating agent concentrate shall be loaded first and then the required amount of water shall be added. The water shall be added into the distributor with enough force to cause agitation and thorough mixing of the two materials. To prevent foaming, the discharge end of the water hose or pipe shall be kept below the surface of the material in the distributor that shall be used as a spreader. The distributor truck will be cleaned of all its asphalt materials and washed out to the extent that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval and satisfaction of the Engineer. RESIDENT NOTIFICATION The Contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice will be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type that secures to the door handle of each dwelling. Unsecured notices ITB 21-PW03 29 1 Page will not be allowed. The Contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental to the contract. APPLICATING EQUIPMENT The distributor for spreading the emulsion shall be self-propelled and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.05 to 0.5 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5 percent of the specified rate. Distributor equipment shall include full circulation spray bars, pump tachometer, volume measuring device and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The distributor shall have a computerized system, acceptable to the Engineer that controls the rate of product application. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. The truck used for applying slag screenings, or other aggregate approved by the Engineer, shall be equipped with a spreader that allows the slag screenings to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of slag screenings per square yard in a single pass. The spreader shall be adjustable so as not to broadcast the slag screenings onto driveways or tree lawns. The slag screenings to be used shall be free flowing, without any leaves, dirt, stones, etc. Any wet slag screenings shall be rejected from the job site. Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired or replaced at the direction of the Engineer. ITB 21-PW03 30 1 Page APPLICATION OF REJUVENATING AGENT The asphalt -rejuvenating agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to ensure full rate of spread over the entire area to be treated. Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. Application of asphalt rejuvenating agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event the centerline construction joint of the pavement shall be treated in each application passes of the distributor truck. Before spreading, the asphalt rejuvenating agent shall be blended with water at the rate of two (2) parts rejuvenating agent to one (1) part water, by volume or as specified by the manufacturer for jobsite conditions. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.05 to 0.10 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff, in the opinion of the Engineer, shall have the required amounts applied in two or more applications as directed. After the rejuvenating emulsion has penetrated, a light coating of dry slag screenings, or other aggregate approved by the Engineer, shall be applied to the surface in sufficient amount to protect the traveling public as required by the Engineer. The slag screenings shall be swept and removed from the streets and properly disposed of at the Contractor's expense within 24 hours of application. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt rejuvenating agent. When directed by the Engineer, the Contractor shall take representative samples of material for testing. ITB 21-PW03 31 1 Page STREET SWEEPING The Contractor shall be responsible for sweeping and cleaning of the streets prior to, and after treatment. Prior to treatment, the street will be cleaned of all standing water, dirt, leaves, foreign materials, etc. This work shall be accomplished by hand brooming, power blowing or other approved methods. If in the opinion of the Engineer, the hand cleaning is not sufficient than a self-propelled street sweeper shall be used. All slag screenings used during the treatment must be removed no later than 24 hours after treatment of the street. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt rejuvenating agent. If, in the opinion of the Engineer, additional slag screenings is required said material shall be applied by the contractor. Said slag screenings shall be swept up no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of slag screenings. PECIAL PROVISIONS All work associated with this contract shall meet the City of Milton and Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. PROSECUTION AND PROGRESS The City desires to have all work completed by July 1, 2021. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. ITB 21-PW03 32 1 Page Construction shall begin no later than ten (10) calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. ITB 21-PW03 33 1 Page This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to ensure that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times unless otherwise specified or ITB 21-PW03 34 1 Page approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The Contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public.. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the contractor's expense. At no time will contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. ITB 21-PW03 35 1 Page CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the Contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. ITB 21-PW03 36 1 Page MILTON ESTABLISHED 17 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - Asphalt Rejuvenation Project (2 pages) PROJECT LIST: ■ Henderson Rd from Birmingham Road to Freemanville Rd Estimated Quantity 21,000 SY. • Ranchette Road from New Providence Road to Arnold Mill Rd (SRI 40). Estimated Quantity 9,000 SY. ■ Cowart Road from Providence Road to the marked location 50' north of the last driveway. Estimated Quantity 4,500 SY. • Charlotte Drive from Mid Broadwell to the roundabout entrance. Estimated Quantity 3,500 SY • Mayfield Road from Mid Broadwell to the asphalt seam east of the roundabout. Estimated Quantity 5,500 SY • Champions Close from Hopewell Road to the cul de sac. Estimated Quantity 8,100 SY ■ City Hall Parking Lot located at 2006 Heritage Walk. Estimated Quantity 4,000 SY ■ Providence Plantation Subdivision treating the entire subdivision stopping at the marked location on Providence Plantation Dr. Estimated Quantity 12,500 SY • Hopewell Place Subdivision treating the entire subdivision Estimated Quantity 8,000 SY ITEM UNIT TOTAL, DESCRIPTION UNITS QUANTITY PRICE AMOUNT Maltene based Asphalt Rejuvenator SY 73,000 ITB 21-PW03 37 1 Page M I LTON 11�4 ESTABLISE [ED 27 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - Asphalt Rejuvenation Project (2 pages) The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATUR PRINT / TYPE NAME TITLE Total Bid Price $ Print Total Bid Price $ Number of days to fully complete project (exclude weather related days) ITB 21-PW03 38 1 Page GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.16 Delete the second paragraph and substitute CONTRACT the following: The Contract Documents shall be composed of the Advertisement for Bid; Notice to Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03; Form of Contract; Form of Bond(s); Addenda; the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or as a part of the Contract. Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON ITB 21-PW03 39 1 Page Section 101.24 ENGINEER Section 101.47 STATE HIGHWAY ENGINEER Section 101.74 SUPPLEMENTAL AGREEMENT Section 101.84 Delete as written and substitute the following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Delete as written and substitute following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Retain as written and substitute the following: Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety." Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, "The City will not be responsible for AND SITE OF THE WORK Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations." Section 102.07 REJECTION OF Add the following subparagraphs PROPOSALS "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. ITB 21-PW03 40 1 Page Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 2006 Heritage Walk Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242-2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. ITB 21-PW03 41 1 Page SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. " Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." ITB 21-PW03 42 1 Page SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF RIGHT OF WAY Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE SECTION 109 Section 109.07 PARTIAL PAYMENTS Section 109.08 FINAL PAYMENT Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Delete in its entirety and substitute the Following: "Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. ITB 21-PW03 43 1 Page The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." ITB 21-PW03 44 1 Page 'NOTICE TO CONTRACTORS' EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 - FAX ITB 21-PW03 45 1 Page M-ILTON'*k ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 21-PW03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@citYofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date 1IPage ITB2I-PW03-AddendLim 41 ADDENDUM #1 ITB 21-PW03 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Would the city consider Delta Mist as an alternative bid item for rejuvenation as long as it meets all the required performance criteria listed in the specifications? - Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. 2. Will you release the engineer's estimate? - This information is not provided during an open Invitation to Bid. 21Pa;e 1TB21-PW03-Addendum 41 "EXHIBIT B" K0ME F "I •li fir Sr ' .A,Te CK FIFE A.' il:f,1.L?. }l.Y MILTONIP. Electronic Submittal: **Bids must be Indicate in File Name: ESTABLI5 NV O 2(ft CITY OF MILTON INVITATION TO BID (THIS IS NOT M ORDER) Bid Number: 1 Project Name: 21-PW03 Asphalt Rejuvenation Project Due Date and Time: January 12, 2021 Number of Pages: 110 Local Time: 2:00 p.m. ISSUING DEPARTMENT INFORMATION Issue Date: December 17, 2020 City of Milton Phone: 678-242-2500 Public Works Department 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 L INSTRUCTIONS TO BIDDERS Electronic Submittal: **Bids must be Indicate in File Name: submitted electronically via Milton's Bid Number: ITB 21-PW03 BidNet procurement portal/platform Name of Company or Firm at www.cityofmiltonga.us If you have not registered as a Special Instructions: vendor via Bid Net we encourage Deadline for Written Questions you to register. There is no cost to January 4, 2021 at 5:00 p.m. join, and you will be notified of any potential bid opportunities with the Submit questions online via the BidNet City of Milton as well as other Direct procurement porta agencies who are part of the www.cityofmiltonga.us Georgia Purchasing Group. BIDDERS MIDST COMPLETE THE FOLLOWING Bidder Name/Address: AbikAflzed Bidder Si ory. Pavement Technology, Inc.=urante, Detroit Road Westlake, Westlake, OH 44145 S n JS e I ITreasurer Please rent name and In ink Bidder Phone Number: Bidder FAX Number: 440-892-1895 440-892-0953 Bidder Federal I.D. Number: Bidder E-mail Address: 34-1108308 jpalmer@pavetechinc.com BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 21-PW03 1 I Page Table of Contents Topic pace Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 13 Bid Bond (3 pages) 15 Qualifications Signature and Certification 18 Corporate Certificate 18 List of Subcontractors 19 Contractor Affidavit and Agreement (eVerify) 20 Disclosure Form 21 Project Specifications 22 Bid Schedule Form (2 pages) 37-38 General Conditions 39 EPD Air Quality Rules 45 Sample Contract Agreement 46 ITB 21-PW03 2 1 Page DEFINITIONS COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 21-PW03 3 1 Pa g e I LTON IP ESTABLISHED 2006 Invitation to Bid 21-PW03 The City of Milton is accepting sealed bids from qualified firms for the Asphalt Rejuvenation Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications (current edition), and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on January 12, 2021. Electronic bids shall be submitted online via BidNet Direct, the City's procurement portal, at www.cityofmiltonga.us. At approximately 2:30 P.M. Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. "Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link should the need to hold this type meeting arise. Any other interested members of the public may attend. Bids received after the above time will not be accepted. Questions must be also be submitted online in the same manner listed above for bids. Deadline for questions is January 4, 2021 at 5:00 p.m. Official answers to questions and potential change (Addendums) to the ITB (Addendums) will be posted at the some web locations as the ITB on or about January 6, 2021. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (21-PW03) and bid name (Asphalt Rejuvenation Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is to be determined prior to the issuance of the "Notice to Proceed." If weather ITB 21-PW03 4 1 Page (beyond normal) affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. ITB 21-PW03 5 1 Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT ITB Issue Date Deadline for Receipt of Written Questions DATE December 17 2 20 5 PM on January 4 2021 Posting of Written Answers by City to Websites on or about January 6, 2021 ITB DUE No Later than 2:00 P.M. on January 12, 2021 Tentative Contract Award (on/about) Notice to Proceed (on/about) February 1, 2021 To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cifyofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 21-PW03 6 1 Page BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 15-17 3 Bid Bond (3 pages) 4 Qualifications Signature and Certification 18 5 List of Subcontractors Contractor Affidavit and Agreement (eVerify) 19 6 20 7 Disclosure Form 21 8 _ Bid Schedule Form (2 pages) 37-38 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the Asphalt Rejuvenation Project, ITB 21-PW03. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. ITB 21-PW03 7 1 Pa g e The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, responsible and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. INSURANCE REQUIREMENTS Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in ITB 21-PW03 8 1 Pa g e connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. ITB 21-PW03 9 1 Pa g e (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Com ensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to ITB 21-PW03 10 1 P a g e require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and. Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1 /3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. ITB 21-PW03 11 1 P a g e Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 21-PW03 12 1 Page M I LTON It' ESTAB Ll311X1) 200(3 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number: ITB 21-PW03 Asphalt Rejuvenation Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. ITB 21-PW03 13 1 Page The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of $3,321.50 (Five Percent of Amount Bid). Dollars ($ If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 21 day of December 2020 Bidder Mailing Address: Pavement Technology, Inc. 24144 Detroit Rd, Westlake, OH 44145 Signature: - BidderPavement Technology, lnc.(Seal) Company Name .91 ..`cif/►f ���/,. ;• `iV '.11 • S'3 0 �,'teI ,r.'' ' Print Name: Susan J. Durante Title: Secretary/Treasurer ITB 21-PW03 14 1 Page 1 LTO NIP ESTABLISHED M [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Pavement Technology, Inc., 24144 Detroit Rd Westlake, OH 44145 SURETY (Name and Address of Principal Place of Business): Travelers Casualty and Surety Company of America, 1 Tower Square, Hartford, CT 06103 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: 01/12/2021 PROJECT (Brief Description Including Location): Asphalt Rejuvenation Project Milton, GA BOND BOND NUMBER: DATE (Not later that Bid due date): 12/23/2020 PENAL SUM: Three thousand, three hundred twenty one dollars and fifty cents $3,321.50 (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER Pavement Technology, Inc. Bid ;�,Nlarr�re a 51gn;cVure or. ITB 21,,PWb3 SURETY Travelers Casualty and Surety (Seal) Company of America (Seal) 'ate Seal Surety's- Name and, Cor, arate deal Signature dYtd Title: [s (Attach 1?[�rn�`�id3reyj a g e r Attest: Attest:_ (,t Uk'4L'.,L CV Signatu'ire and Title: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due,date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their ITB 21-PW03 16 1 Page respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 21-PW03 17 1 Page TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF JUNE 30, 2019 CAPITAL STOCK $ 6,480,000 CASH AND INVESTED CASH $ 126,044,492 UNEARNED PREMIUMS $ 11,044,254,065BONDS STOCKS 3,657,484,389 LOSSES 786,554,465 INVESTMENT INCOME DUE AND ACCRUED 301,556,879 37,505,938 LOSS ADJUSTMENT EXPENSES COMMISSIONS 165,965,315 OTHER INVESTED ASSETS 4,298,731 TAXES, LICENSES AND FEES 33,039,858 12,314,734 PREMIUM BALANCES NET DEFERRED TAX ASSET 291,611,640 OTHER EXPENSES 32,664,644 REINSURANCE RECOVERABLE 51,102,309 CURRENT FEDERAL AND FOREIGN INCOME TAXES 7,883,423 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 24,272,783 5,320,191 REMITTANCES AND ITEMS NOT ALLOCATED AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS 16,516,275 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 15,814,022 RETROACTIVE REINSURANCE RESERVE ASSUMED 29,111,086 OTHER ASSETS TRI -PARTY I TAX CREDIT BONDS 3,691,530 POLICYHOLDER DIVIDENDS 799,095 ASSUMED REINSURANCE RECEIVABLE AND PAYABLE 567,396 PROVISION FOR REINSURANCE 11,240,864 OTHER ASSETS 1,043,260 ADVANCEPREMIUM 7,641,356 1,256,693 PAYABLE FOR SECURITIES LENDING 5,320,191 ESCHEAT LIABILITY 1,232,614 CEDED REINSURANCE NET PREMIUMS PAYABLE 46,393,646 OTHER ACCRUED EXPENSES AND LIABILITIES 75,783 TOTAL LIABILITIES 02,48 , 2 CAPITAL STOCK $ 6,480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1,877:545,673 TOTAL SURPLUS TO POLICYHOLDERS ,31 $ , 33 TOTAL ASSETS s 43207TV80 TOTAL LIABILITIES & SURPLUS ' . STATE OF CONNECTICUT COUNTY OF HARTFORD )SS' CITY OF HARTFORD I MICHAEL J, DOODY, BEING DULY SWORN, SAYS THAT HE IS VICE PRESIDENT, FINANCE, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 30TH DAY OF JUNE, 2019. SUBSCRIBED AND SWORN TO BEFORE ME THIS 23RD DAY OF AUGUST. 2019 Vi%.`ti-M-31 N1. NOTARY PUBLIC LIANM. WEISSLEDER, b11c issian Expires November 30, 2022 Zvi U8L1G_ *= C, Vi%.`ti-M-31 N1. NOTARY PUBLIC LIANM. WEISSLEDER, b11c issian Expires November 30, 2022 Office of Risk Assessment Ohio Department of Insurance 50 West Town Street Third Floor - Suite 300 Mike DeWine - Governor Columbus,Ohio 43215 Jillian Froment - Director (614)644-2658 Fax(614)644-3256Certificate of tCompliance www.insurance.oh.ohio.gov Issued 03/20/2020 Effective 04/02/2020 Expires 04/01/2021 I, Jillian Froment, hereby certify that I am the Director of Insurance in the State of Ohio and have supervision of insurance business in said State and as such I hereby certify that TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA of Connecticut is duly organized under the laws of this State and is authorized to transact the business of insurance under the following section(s) of the Ohio Revised Code: Section 3929.01 (A) Accident & Health Aircraft Allied Lines Boiler & Machinery Burglary & Theft Commercial Auto - Liability Commercial Auto - No Fault Commercial Auto - Physical Damage Credit Earthquake Fidelity Financial Guaranty Fire Glass Inland Marine Medical Malpractice Multiple Peril - Commercial Multiple Peril - Farmowners Multiple Peril - Homeowners Ocean Marine Other Liability Private Passenger Auto - Liability Private Passenger Auto - No Fault Private Passenger Auto - Physical Damage Surety Workers Compensation J*RA V F L [-AS CAS UALTYAN12 SURETY CQMPA1jj OF AMERICA certified in its annual statement to this Department as of December 31,2019 that it has admitted assets in the amount of $4,386,702,020, liabilities in the amount of $2,263,017,456, and surplus of at least $2,123,684,564. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused my seal to be affixed at Columbus, Ohio, this day and date. Jillian Froment,Director 40 INS7230(Rev.6/2003) Accredited by the National Association of Insurance Commissioners (NAIC) Travelers Casualty and Surety Company of America �� Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Allison Rindels of FAIRVIEW PARK , Ohio , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. r� (ARTFW, (POMPON Cow COHN VA e It State of Connecticut City of Hartford ss. By. J44�� _. Robert L. RaneVISeniorWee President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. ,IAF V IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY My Commission expires the 30th day of June, 2021 . a� PIXOG Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer; the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of �yyip .,Ir A% At �0 . tr ± I ; Kevin E. Hughes, Assl. taut Secrelaiy To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3890. Please refer to the above-named Attorney -in -Fact and the details of the bond to which this Power of Attorney is attached. respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 21-PW03 17 1 Page M I LTON it ESTABLI5E LED 7 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Date_ 12/21/2020 Print/Type Name Susan J. Durante Print/Type Company Name Here Pavement Technology, Inc. CORPORATE CERTIFICATE Susan J. Durante certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Susan J. Durante who signed said bid in behalf of the Contractor, was then (title) Secretary/Treasurer of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Ohio 1 ay of cember 20 2p �- ature) ITB 21-PW03 18 1 Page MILTON It E5TASLi5HED X006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not X , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: Pavement Technology, Inc. ITB 27-PW03 19 1 Page M I LTON IP ESTABLISHED W [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 705855 eVerify Number March 2015 Date of Authorization Pavement Technology, Inc. Name of Contractor Asphalt Rejuvenation Projec# Name of Project City of Milton Gear is Name of Public Employer ITB 21-PW03 I hereby declare under penalty of perjury that the foregoing is true and correct. Westlake Executed on Dec. 21 20k m (city), _9k! (state). 77;= fficer or ame af or Agent Susan J. Durante nt Officer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 21 DAY OF December 2020 . NOTARY PUBLIC/ [NQTARY 1 My qqJ Sip I xpiresv "NiltVy ;rabllie, Statef Of Ohio My E?arw4f4 'n Fxgirex Jnn. 17,20.2:3 20 1 Page M I LTON It ESTABLISHED 23 DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Pavement Technology, Inc. Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) N/A List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ITB 21-PW03 21 1 Page PROJECT SPECIFICATIONS PROJECT DESCRIPTION: The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids/proposals for the FY21 Asphalt Rejuvenation Project. The project segments locations are depicted in the Bid Schedule. This project shall follow the City of Milton Specifications called out in this bid. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail, and the total price will be corrected. ITB 21-PW03 22 1 Page STANDARD SPECIFICATIONS FOR ASPHALT SURFACE PRESERVATION WITH A MALTENE BASED ASPHALT REJUVENATING AGENT ITB 21-PW03 23 1 Page ASPHALT REJUVENATING AGENT Scope This work shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt rejuvenating agent to asphaltic concrete surface courses. The rejuvenation of surface courses shall be by spray application of a maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract. Material Specifications The asphalt rejuvenating agent shall be an emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each bidder must submit with his bid a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt rejuvenating emulsion conforms to the required physical and chemical requirements. SPECIFICATIONS Test Method Tests ASTM Tests on Emulsion: Viscosity @ 2511C, SFS Residue, % W1 Miscibility Test2 Sieve Test, %W3 Particle Charge Test Percent Light Transmittance4 D-244 D-244(Mod.) D-244 ( Mod. ) D-244(Mod.) D-244 GB Tests on Residue from Distillation: Requirements AASHTO Min. Max. T-59 15 40 T-59(Mod) 60 65 T-59(Mod) No Coagulation T-59(Mod) - 0.1 T-59 Positive G B - 30 Flash Point, COC, ❑C D-92 T-48 196 - Viscosity @ 6011C, cSt D-445 - 100 200 Asphaltenes, %w D-2006-70 - - 1.00 Maltene Dist. Ratio D-2006-70 - 0.3 0.6 PC + A; S+A2 PC/S Ratios D-2006-70 - 0.5 - ITB 21-PW03 24 1 Page Saturated Hydrocarbons,S5 D-2006-70 - 21 28 I ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50 gram sample to 149 C (300 F) until foaming ceases, then cool immediately and calculate results. 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. 3 Test procedures identical with ASTM D-244-60 except that distilled water shall be used in place of two percent sodium oleate solution. 4 Test procedure is attached. 5 Chemical composition by ASTM Method D-2006-70: PC = Polar Compounds, A, = First Acidaffins A2 = Second Acidaffins, S = Saturated Hydrocarbons PROCEDURE FOR DETERMINING PERCENT LIGHT TRANSMITTANCE ON ASPHALT REJUVENATING AGENT A. SCOPE This procedure covers the determination of percent light transmittance of the asphalt rejuvenating agent. B. APPARATUS 1) Container may be either glass, plastic or metal having a capacity of 6,000 ml. 2) Graduated cylinder, 1,000 ml, or greater 3) Light transmittance measuring apparatus, such as Bausch and Lomb or Lumetron spectrophotometer 4) Graduated pipette having 1 ml capacity to 0.01 ml accuracy 5) Suction bulb for use with pipette 6) Test tubes compatible with spectrophotometer, 3/4" X 6, Bausch and Lomb, Catolog No. 33-17-81, (B&L) ITB 21-PW03 25 1 Page C. CALIBRATION OF SPECTROPHOTOMETER 1) Calibrate spectrophotometer as follows: (a) Set wavelength at 580 mu, (b) Allow spectrophotometer to warm-up thirty minutes, (c) Zero percent light transmittance (%LT) scale, (d) Rinse test tube three times with tap water and fill to top of circle marking on B&L test tube or approximately 2/3 full, (e) Place tube in spectrophotometer and set ALT scale at 100, and (f) repeat steps (c) and (e) two times or until no further adjustments are necessary. D. PROCEDURE 1) Shake, stir or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion in beaker and allow to stand one minute. 2) Place 2,000 ml tap water in container. 3) Suck 1.00 ml emulsion into pipette using suction bulb. Wipe off outside of pipette. 4) Using suction bulb, blow emulsion into container. 5) Rinse pipette by sucking in diluted emulsion solution and blowing out. 6) Clean pipette with soap or solvent and water. Rinse with acetone. 7) Stir diluted emulsion thoroughly. 8) Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. 9) Calibrate spectrophotometer. 10) Place diluted emulsion sample tube in spectrophotometer, cover and read %LT to nearest tenth. 1 1) Repeat steps 9 and 10 until three identical consecutive readings are achieved. 12) The elapsed time between addition of emulsion to dilution of water and final %LT reading should not exceed 5 minutes. MATERIAL PERFORMANCE The asphalt rejuvenating agent shall have the capability to penetrate the asphalt pavement surface. The asphalt rejuvenating agent shall be absorbed and incorporated into the asphalt binder. Verification that said incorporation of the ITB 21-PW03 26 1 Page asphalt rejuvenating agent into the asphalt binder has been affected shall be by analysis of the chemical properties of said asphalt binder i.e. viscosity shall be improved to the following extent. The viscosity shall be reduced by a minimum of forty, (40%) percent as determined by dynamic shear rheometer (DSR) method for asphalt testing in accord with AASHTO T315-05. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, in the upper 3/8" of pavement. In addition, the treated areas shall be sealed in-depth to the intrusion of air and water. The rejuvenating agent shall have a record of at least five years of satisfactory service as an asphalt rejuvenating agent and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder and provide an in-depth seal. Reclamite@, manufactured by D&D Emulsion, Inc., Mansfield, Ohio, is a product of know quality and accepted performance. The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid previous use documentation and test data conclusively demonstrating that; the rejuvenating agent has been used successfully for a period of five years by government agencies such as Cities, Counties, etc; and that the asphalt rejuvenating agent has been proven to perform, as heretofore required, through field testing by government agencies as to the required change in asphalt binder viscosity. Testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency. In addition, testing data shall be submitted to indicate said product performance over a testing period of three years to insure reasonable life expectancy. RECLAMITEO, a product of Golden Bear Oil, a division of Tricor Refining, LLC. is a product of known quality and accepted performance. ITB 21-PW03 27 1 Page APPLICATOR EXPERIENCE The asphalt -rejuvenating agent shall be applied by an experienced applicator of such material. The bidder shall have a minimum of three years' experience in applying the product proposed for use. He must submit with his bid a list of five projects on which he applied said rejuvenator. He shall indicate the project dates, number of square yards treated in each and the name and phone number of the government official in charge of each project. A project superintendent knowledgeable and experienced in application of the asphalt -rejuvenating agent must be in control of each day's work. The bidder shall submit a written experience outline of the project superintendent. PRODUCT STANDARDS AND ALTERNATES The product "Reclamite"® for the asphalt rejuvenating agent as manufactured by Golden Bear oil, a division of Tricor Refining, LLC. is the standard for these specifications and the prices quoted on the Bid Sheet Base Bid shall be for this standard. Should a bidder wish to submit a bid for alternates to the Standard, said prices shall be entered on the BID SHEET as the "Alternate Bid" for each item. In the event that the bidder submits no bid for the Standard, only the "Alternate Bids" should be completed. Bidders may offer an ALTERNATE for the Standard specified in the Specifications provided the bidder adheres to the following and submits same with his bid. (a) List the proposed alternate on the BID SHEET form giving the product name and price. (b) Furnish complete specifications and descriptive literature for the alternate as well as a one -gallon sample of the material proposed for use. Such descriptive and detailed information shall be complete and at least equal in detail to the agency's requirements for the standard item for which the alternate is offered. (c) Submit a current Material Safety Data Sheet for the alternate materials. The agency will give the alternate consideration. The Contractor may furnish only those alternate items included in his proposal and approved by the agency prior to award of a contract. ITB 21-PW03 28 1 Page (d) Furnish all required test data and use documentation as hereto for required. If no ALTERNATE is indicated on the BID SHEET, the Contractor shall furnish the STANDARD (brand) specified in the attached specifications. Should the ALTERNATE offered be found unacceptable by the agency based on the data submitted with the bid and no bid is entered on the BID SHEET for the Standard, then said bid will be considered non-responsive. APPLICATION TEMPERATURE WEATHER LIMITATIONS The temperature of the asphalt rejuvenating emulsion, at the time of application shall be as recommended by the manufacturer. The asphalt -rejuvenating agent shall be applied only when the existing surface to be treated is thoroughly dry and when it is not threatening to rain. The asphalt -rejuvenating agent shall not be applied when the ambient temperature is below 40❑ F. HANDLING OF ASPHALT REJUVENATING AGENT Contents in tank cars or storage tanks shall be circulated at least forty-five minutes before withdrawing any material for application. When loading the distributor, the asphalt rejuvenating agent concentrate shall be loaded first and then the required amount of water shall be added. The water shall be added into the distributor with enough force to cause agitation and thorough mixing of the two materials. To prevent foaming, the discharge end of the water hose or pipe shall be kept below the surface of the material in the distributor that shall be used as a spreader. The distributor truck will be cleaned of all its asphalt materials and washed out to the extent that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval and satisfaction of the Engineer. RESIDENT NOTIFICATION The Contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice will be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type that secures to the door handle of each dwelling. Unsecured notices ITB 21-PW03 29 1 Page will not be allowed. The Contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental to the contract. APPLICATING EQUIPMENT The distributor for spreading the emulsion shall be self-propelled and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.05 to 0.5 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5 percent of the specified rate. Distributor equipment shall include full circulation spray bars, pump tachometer, volume measuring device and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The distributor shall have a computerized system, acceptable to the Engineer that controls the rate of product application. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. The truck used for applying slag screenings, or other aggregate approved by the Engineer, shall be equipped with a spreader that allows the slag screenings to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of slag screenings per square yard in a single pass. The spreader shall be adjustable so as not to broadcast the slag screenings onto driveways or tree lawns. The slag screenings to be used shall be free flowing, without any leaves, dirt, stones, etc. Any wet slag screenings shall be rejected from the job site. Any`equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired or replaced at the direction of the Engineer. ITB 21-PW03 30 1 Page APPLICATION OF REJUVENATING AGENT The asphalt -rejuvenating agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to ensure full rate of spread over the entire area to be treated. Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. Application of asphalt rejuvenating agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event the centerline construction joint of the pavement shall be treated in each application passes of the distributor truck. Before spreading, the asphalt rejuvenating agent shall be blended with water at the rate of two (2) parts rejuvenating agent to one (1) part water, by volume or as specified by the manufacturer for jobsite conditions. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.05 to 0.10 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff, in the opinion of the Engineer, shall have the required amounts applied in two or more applications as directed. After the rejuvenating emulsion has penetrated, a light coating of dry slag screenings, or other aggregate approved by the Engineer, shall be applied to the surface in sufficient amount to protect the traveling public as required by the Engineer. The slag screenings shall be swept and removed from the streets and properly disposed of at the Contractor's expense within 24 hours of application. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt rejuvenating agent. When directed by the Engineer, the Contractor shall take representative samples of material for testing. ITB 21-PW03 31 1 Page STREET SWEEPING The Contractor shall be responsible for sweeping and cleaning of the streets prior to, and after treatment. Prior to treatment, the street will be cleaned of all standing water, dirt, leaves, foreign materials, etc. This work shall be accomplished by hand brooming, power blowing or other approved methods. If in the opinion of the Engineer, the hand cleaning is not sufficient than a self-propelled street sweeper shall be used. All slag screenings used during the treatment must be removed no later than 24 hours after treatment of the street. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt rejuvenating agent. If, in the opinion of the Engineer, additional slag screenings is required said material shall be applied by the contractor. Said slag screenings shall be swept up no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of slag screenings. SPECIAL PROVISIONS All work associated with this contract shall meet the City of Milton and Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. PROSECUTION AND PROGRESS The City desires to have all work completed by July_ 1, 2021. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. ITB 21-PW03 32 1 Page Construction shall begin no later than ten (10) calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. C A TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. ITB 21-PW03 33 1 Page This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at anytime. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to ensure that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times unless otherwise specified or ITB 21-PW03 34 1 Page approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The Contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public.. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the contractor's expense. At no time will contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. ITB 21-PW03 35 1 Page CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the Contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. ITB 21-PW03 36 1 Page I LO N lt�A E5'rABLISi lLa 1CO6 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - Asphalt Rejuvenation Project (2 pages) PROJECT LIST: • Henderson Rd from Birmingham Road to Freemanville Rd Estimated Quantity 21,000 SY. • Ranchette Road from New Providence Road to Arnold Mill Rd (SRI 40). Estimated Quantity 9,000 SY. • Cowart Road from Providence Road to the marked location 50' north of the last driveway. Estimated Quantity 4,500 SY. • Charlotte Drive from Mid Broadwell to the roundabout entrance. Estimated Quantity 3,500 SY • Mayfield Road from Mid Broadwell to the asphalt seam east of the roundabout. Estimated Quantity 5,500 SY = Champions Close from Hopewell Road to the cul de sac. Estimated Quantity 8,100 SY • City Hall Parking Lot located at 2006 Heritage Walk. Estimated Quantity 4,000 SY Providence Plantation Subdivision treating the entire subdivision stopping at the marked location on Providence Plantation Dr. Estimated Quantity 12,500 SY • Hopewell Place Subdivision treating the entire subdivision Estimated Quantity 8,000 SY ITEM IUNIT TOTAL DESCRIPTION UNITS QUANTITY PRIG! AMOUNT Maltene based Asphalt Rejuvenator SY 73,000 $0.91 $66,430.00 ITB 21-PW03 37 1 Page IM I LTON 1� 25TABLISHE0 20W [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - Asphalt Rejuvenation Project (2 pages) The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set o posite each Item, delivered to the designated point(s) within the time pe in the Bid Schedule. COMPANY Pavement Technology, Inc. ADDRESS 24144 Detro)td., VVstlake, OH 44145 AUTHORIZED SIGNATUR PRINT / TYPE NAME Susan J. Durante TITLE Secretary/Treasurer Total Bid Price $ $66,430.00 Print Total Bid Price $ Sixty six thousand, four hundred and thirty dollars. Number of days to fully complete project (exclude weather related days) 7 days ITB 21-PW03 38 1 Page GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 10 1. 14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.16 Delete the second paragraph and substitute CONTRACT the following: The Contract Documents shall be composed of the Advertisement for Bid; Notice to Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03; Form of Contract; Form of Bond(s); Addenda; the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or as a part of the Contract. Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON ITB 21-PW03 39 1 Page Section 101.24 ENGINEER Section 101.47 STATE HIGHWAY ENGINEER Section 101.74 SUPPLEMENTAL AGREEMENT Section 101.84 Delete as written and substitute the following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Delete as written and substitute following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Retain as written and substitute the following: Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety." Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, "The City will not be responsible for AND SITE OF THE WORK Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations." Section 102.07 REJECTION OF PROPOSALS ITB 21-PW03 Add the following subparagraphs "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. 40 1 Page Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: ITB 21-PW03 "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 2006 Heritage Walk Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242-2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. 41 1 Page SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT ITB 21-P W03 Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. " Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." 42 1 Page SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF RIGHT OF WAY Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE SECTION 109 Section 109.07 PARTIAL PAYMENTS Section 109.08 FINAL PAYMENT ITB 21-PW03 Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Delete in its entirety and substitute the Following: "Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. 43 1 Page The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." ITB 21-PW03 44 1 Page 'NOTICE TO CONTRACTORS' EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 - FAX ITB 21-PW03 45 1 Page 270 PARK AVENUE EAST P.O. BOX 1706 U'ONS MANSFIELD, OH 44901 www.ddemulsionsinc.com HqCI Phone: 419-522-9440 Fax: 419-522-8606 Licensed Manufacturer Tricor Refining, LLC Producers of Golden Bear® Preservation Products CERTIFICATE OF COMPLIANCE TO WHOM IT MAY CONCERN PRODUCT: RECLAMITE® IT IS HEREBY CERTIFIED THAT THE ABOVE PRODUCT DESIGNATED HEREON CONFORMS TO THE APPLICABLE SPECIFICATIONS FOR THE PRODUCT SO INDICATED, AND THAT PAVEMENT TECHNOLOGY, INCORPORATED HAS BEEN AN AUTHORIZED APPLICATOR FOR D & D EMULSIONS, INC. AN AUTHORIZED LICENSED MANUFACTURER FOR TRICOR REFINING, LLC. Date: March 11, 2020 Approved by: Title: President TRICOR REFINING, LLC Producers of GOLDEN BEAR PRESERVATION PRODUCTS 1134 Manor St. - 011dafe, CA 93308 / P.O. Box 5877 - Bakersfield, CA 93388 Phone 661.393.7110 — Fax 661.393.1601 RECLAM ITE® Asphalt Rejelvena ting Agent Specifications_: _ Test Method Requirements Tests ASTM AASHTO Min. Max. Tests on Emulsion: Viscosity @ 25°C, SFS D-244 T-59 15 40 Residue, % w(') D-244 (mod) T-59 (mod) 60 65 Miscibility Testcll D-244 (mod) T-59 (mod) No Coagulation Sieve Test, % w(l) D-244 (Mod) T-59 (mod) --- 0.1 Particle Charge Test D-244 T-59 Positive Percent Light Transmittance(4) GB GB — 30 Cement Mixing D-244 2.0 Tests on Residue from Distillation Flash Point, COC, °C D-92 T48 196 -- Viscosity @ 60°C, cSt D-445 -- 100 200 Asphaltenes, %w D-2006-70 — 0.75 Maltene Distribution Ratio D-2006-70 --- 0.3 0.6 PC + AI(s) S+A2 PC/S Ratio(5) D-2006-70 --- 0.5 -- Saturate Ilydrocarbow;, S(5) D-2006-70 --- 21 28 'ASTM D-244 9vaporation Test for percent of residue is made by beating 50 gram sample to 149°C (3001M until foaming ceases, then cool immediately and calculate results. 'rest procedure identical with ASTM D-244 60 except that .02 Normal Calcium Chloride solution shall be used In place of distilled water.. 3Test procedure identical with ASTM D-244 60 except that distilled water shall be used in place of two percent sodium oleate solution. 4 lust procedure is attached. 'Chemical composition by ASTM Method D-2006-70: PC -Polar Compounds, A,= First Acidaffins. AZ= Second Acidaffins, S = Saturated Hydrocarbons. Note: For gal/ton conversion use 242 gal/ton. Note: Data presented are typical. Slight variation may occur from lot to Lot. Evaluation of "Seal Coat Runway 16-34 Laies Field,- Azores by J. E. Pickett Gcotedinic al Laborat " U.S. Army Enginctr Waterways E7sptrirnent Station P.O. Boa 631 Vicksburg, Mississipi March 1983 Pavement Technology, Inc. Prvrsadw 1Y,1a&am"ce $psciauy, 24144 Dstroit Ad. Westlake, OH 44745 • 1 -80G -333-63Q9 I . In February 19M, the Pavement S1►ste7ns Division, Geotechnical Laboratory, U.S. Army Engineer Waterways &periment Station (WES), Vicksburg, Mississippi, was requested by the 1a05th Air Base Wing (MAC),14cs Fid, Aores, to provide tech- nical assistance and coastrudtion inspectian of the rejuvenator project on Ptanwq 16--34. which included sarnpiing and laboratory' testing. Tlreatznent of the runway was per - Ind" bout of VWMUW inr ' LJCiJ gEIV=WW ftQJII. AZ&WOH formed 10-15 March. An excess of Reclamite r=aining from projects in 1979 and 1983 was used to treat some parking aprons and taxiways. . 2. Messrs. Jack E. Pickett and James E. Schoenberger traveled to LaJes Field on 28 February 1983 to take samples before and after treatment and to bbserve the rejuvenator appktation. 3. The 10,864 -ft runway was divided into scions and berated in three phases. This was t500' 8 g IK 3 done so the runway could remain open to traffic during treatmept. Before treatment, one set of three 6 -in. cores were taken at each of eight locations, selected at random throughout the runway, two sets from Phase I and twee sets cut from Pham II and ill. Core loca- tions am aho�vrr, on Iaal I. After trcaiment, three additional cruel were taken at each loca- tion within 2 to 4 ft of the QrWzW core locations and in the same construction lame. t The samples were processed by sawing 3/8 in. of material from the upper surface. The asphalt was extracted from this 3/8 -in. -thick sample and recovered; untreated samples were processed at the f eld laboratory at 14es. The recovered asphalt and treated samples were returned to WM for promsiag wW pmetra- tion and viscosity tftdng. Results of these laboratory tests are summari-cd in Table I. Test results indicate the rejuvenation of Table I W Rejuvenator. 1983 - Penetetlti0ir 8tailon FFM •77°F (25•C) SaMple Santli'6ad 100 g; 5 at Ngzpber. . Itew Z C 0.1 MM Untreated Treated 1 2 3 4 5 6 7 8 Average Change (40) 2+43. 53.7 ft W 23 +55, 134.9 ft W 34 + 34, 5.1 It E 52 +07, 51.3 fl W 64+36, 32A ft E 80 + 67, 14.6 It W 86 + 86, 121 A ft E 99 + 17, 17 ft E 11.00 11.00 13.00 9.00 4.00 9.00 6.00 6.00 8.63 Penetration Runway 16-34 was satisfactory.•7'he pmetra- taon test �hOmm an increase of approximately l94 Ment and the viscosity test• shows a de a of $pproxirrMely 94 percent. The SPwifcation requires the average penetmation to be i"Creased *by ?A percent mid -the average -viscosity to be d=eased by 40 percent. 4. The contractor for the project was Mr- Colin 'M. Dtlrante, Pavement Technology. Inc.. 11260' Berett Road, Cleveland, Ohio 44102. He ektxad td use RechtiWte, a Proprietary mmtei-ial n=ufactured by the Golden Bear Division of Witco Chemical Corporation, Bakersfield, California, a5 a rcluvenator. Reclarnite is a resin -based cmul- cion that leaves an oily residue and is applied with a bitun inous distributor. The Rt clamite 'natr.I.W was mixed at the job site in a two to one ratio with water, two parts Reclandle to one part water. The Reclarnite mixture at arriblent tern p=ture (60-70"F) was sprayed onto 1111 -'runway pavement by using a 1140 gas, bi,u ninous distributor equipped with a 10 -ft spray bar. Application rates were varied inten- tiorl,'L1ly to avpid excess 3rcjuvmator in areas, 20.00 23.00 31.00 27.00 17.00 22.00 34.00 29.00 25.38 194.00 Increase Akoiate Viscosity, 140 °F (600C) 3".0 mace Uq Vacwm. Pots Untreated 401,351 449.520 242, 293 1,852,362 2,774,367 863.971 1.263, 880 1. 318, 687 1, 145. 004 Viscosity Treated 65.420 '62.011 32.860 43,497 177.941 62, 736 23.444 41,392 63. 663 94.40 Decrease such as recently patched areas, and arras with rubber build-up. Areas outside rgVAlr traffic were sprayed heavier, Which would not bother air traffic, case of excess rejuvenator on the surface. Dates of treatment and application rates (gal/yd') are shown in Table II. The remainder of the material was used to spray various taydways and parking aprons. Table n Phase I Center 100 -ft -wide area 0.053 gal/sq yd All other areas 0.061 gal/sq yd Phase if From center line runway out 50 ft 0.055 giLl/sq yd All other areas 0.066 gal/sq yd Phase III FTM center line runway out SO ft 0.058 gal/sq yd All other areas 0.074 gal/sq yd Jack E. Pickett Materials Ensineerinc Technician Pavement Systems Division . CmOttChnical Laboratory Construction seat. the Tower left area was not treated. Forcampnrisorn. Rcclanlite was use{l asap eonatiuulfunxesl on the dry areas of thixpnvnrnan'. Upercx,�rctereasnrratlll wat from water pcnetravtinathe surface, me pavement, 5 P©rtetratlon valuos of asphalt oxlragledlrorn corse (NOW Mexico Fllgitway Department). R�clsmlh fraatad (1 years) Cars 0spth Value Top ,An —�op,O,; - d0 4 Top Vg" 17 -- Top �h„ – - __-23 6 Top','- Panetrmtlats vatuaaaf naphalterxtraootedimm 1 aures (Oouglas 5trael, torn County, Calif.). - � Agclamit�lrei�led -- Depth 6 moa. 30 rhos. _ Untrealed Top "i"18 - 13 Penefr atlon values Of eaphait an cores taken St tntervele over period Of time (Day ytroot; Kerry Counly, Calif.). A I k FamIII s trtieteti Depth 2 moa. 1 a mos. 99 mos, Top �" . Untreated ' TOp'A„ Pavement Technology, 24144 Detroit Rd. Westlake, Ohio 44145 Inc. Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 Experience Outline Operations and Fleet Manager — David Clark 1994-1995 1995-1997 1997-1999 1999 — Present 1999— 2000 2000— 2004 2004— 2015 2015— 2017 2017 — Present Studied at Alfred State College, New York — Associate in Automotive Trades — Heavy Equipment, Truck and Diesel Worked at a hazardous waste incineration plant / fork life and OSHA training certificates Foundry work / furnace operator specialized in copper and brass. Pavement Technology, Inc., Westlake, Ohio General laborer / driver — rejuvenating agent and crack sealing roadways General supervisor in charge of rejuvenating agent application, crack sealing and other miscellaneous road construction work. Fleet Manager in charge of all repairs and scheduling repairs for all trucks and equipment Operations and Fleet Manager — in charge of scheduling crews and day to day operations. ATSSA Certified, OSHA 30 Compliant Pavement Technology, 24144 Detroit Rd. Westlake, Ohio 44145 Inc, Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 Experience Outline Operations and Fleet Manager — Michael Faustini 2003-2018 Fleet Owner/Operator — Faustini Trucking Inc., Tampa, Florida • Interviewing, hiring/firing of staff, payroll, log audits, DOT, safety maintenance on equipment, purchasing of equipment, packing, loading/unloading, driving, and sales. • In 2018 the fleet was sold. 2018 — Present Pavement Technology, Inc., Westlake, Ohio • General laborer/driver — rejuvenating agents and crack sealing roadways • General supervisor in charge of rejuvenating agent application, crack sealing and other miscellaneous construction work • Fleet Manager in charge of all repairs and scheduling repairs for all trucks and equipment • Operations and Fleet Manager — in charge of scheduling and day to day operations. • ATSSA Flagger Course • Advanced TTC - Florida Department of Transportatio Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 Experience Record Reclamite® Asphalt Rejuvenating Agent Application Agency Name & Project Information Years Used Contact Information City of Duluth 2019 Asphalt Rejuvenation Program Audrey Turner 6/14/2019 —6/25/2019 2450 Chattahoochee Drive 100,223 sq. yd. Duluth, GA 30096 $84,401.37 P: 770-476-2454 E: adtgmert@dultillim.net Fayette County 2019 Asphalt Rejuvenator 4 Bradley Klinger 5/11/2020 — 12/8/2020 115 McDonough Road 133,007 sq. yd. Fayetteville, GA 30215 $116,789.70 P: 770-320-6039 E: bklinger cr tayettecauntyga.eov City of Roswell 2020 Rejuvenation 11 Joe Vitale 6/8/2020 — 6/17/2020 38 Hill Street, Suite 235 73,929 sq. yd. Roswell, GA 30075 $65,796.81 P: 770-594-6105 E: ivitale raswel ggLv.eom Charleston County 2020 Asphalt Rejuvenation Plan 10 Mackenzie Kelly 7/21/2020 — 12/11/2020 4350 Azalea Drive 1,008,498 sq. yd. Charleston, SC 29405 $693,399.53 P: 843-670-6646 E: MKelley cr charlestgncounty.oi1 Town of Cary 2020 RFP Street Improvements Amir Nezarati 7/20/2020 — 8/14/2020 316 N. Academy Street 398,494 sq. yd. Cary, NC 27513 $358,709.16 P: 919-380-4235 E: aniir.nexaimti townaFcary.org MILTON'*k ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 21-PW03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonaa.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: Pavement Technology, Inc. CONTACT PERSON: Jessica Palmer ADDRESS: 24144 Detroit Rd. CITY: Westlake STATE: Ohio PHONE: 440-892-1895 ZIP: 44145 FAX: 440-892-0953 EMAIL ADDRESS: Ipalmer@pavetechinc.com 1 Gaza -. Z IU41 L Signature ADDENDUM #1 1/11/2021 Date 1IPage ITB21-PW03-Addendum #I ADDENDUM #1 ITB 21-PW03 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Would the city consider Delta Mist as an alternative bid item for rejuvenation as long as it meets all the required performance criteria listed in the specifications? - Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. 2. Will you release the engineer's estimate? -This information is not provided during an open Invitation to Bid. 21Pa,-e ITB21-PW03-Addendum 41 "EXHIBIT C" See Exhibits "A " and "B " Bond #107280779 "EXHIBIT D.1" PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Pavement Technology Inc. ("Principal"), and Travelers Casualty and Surety Company of America ("Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia ( "City"), for the use and benefit of the City, in the sum of Sixty-six Thousand Four Hundred Thirty Dollars and Zero Cents ($66,430.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Asphalt Rejuvenation Project: (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement") NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Agreement, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Agreement, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Agreement by the Principal, which shall include, but not be limited to, any breach or default of the Agreement: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Agreement, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR ("Princi Pavenigrr-T\echnology�Inc By: (signature) Cit U. y Pi S T f4tk Y Title: Y4 IC I(SYCAIJ A Date: ........... 7 (signature) �II (CA - "... -e T (print) Title: umkn�Nvvc�o Datej - Z-1-2 WA CONTRACTOR'S SURETY: Travelers Casualty and Surety Company of America By: C��ignature) Frances Lyons Title: Attorney -In -Fact Attest: Date: 01/27/2021 (signature) Claudia Rodgers (print) Title: Account Manager Date: 01/27/2021 (ATTACH SURETY'S POWER OF ATTORNEY) BOND #107280779 "EXHIBIT D.2" PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Pavement Technology Inc.( "Principal"), and Travelers Casualty and Surety Company of America ( "Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia ( "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Sixty-six Thousand Four Hundred Thirty Dollars and Zero Cents ($66,430.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Asphalt Rejuvenation Project: (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement") NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Agreement, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any subcontractor, person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Agreement, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Agreement with the Principal or any subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Agreement, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such lien by bond or otherwise as provided in the Agreement. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Pavement Technology, InA. By: �/1 (s i gi�atli rrr} S t t •riiite ) 1 Title: S T��U Date:—Z1-2�� n (signature) 6ffiw Ct1�� (printed) Title: ��� o-+yok+0- Date: 1- 2�^2�i2i CONTRACTOR'S SURETY: TravelersfAftafty and Surety Company of America By: - (signature) Frances Lyons (}7rjfi�rC� Title: Attorney -In -Fact :' (SEAQ,): Date: 01/27/2021 = ,� M 1 Attest: dLk- r(signature) Claudia Rodgers Title: Account Manager Date: 01/27/2021 (printed) (ATTACH SURETY'S POWER OF ATTORNEY) BOND #107280779 "EXHIBIT D.3" MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Pavement Technology, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Travelers Casualty and Surety Company of America (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City for maintenance of improvements as described below in the sum of Twenty-two Thousand, One Hundred Forty-three Dollars and Thirty-three Cents ($22,143.33), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written agreement with the City for the construction of a project known as Asphalt Rejuvenation Project: (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"). WHEREAS, said Project has been approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of two (2) years beginning on the date of final completion of the Project, repair and replace any defects arising from the Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 1.That if the Principal shall repair and replace any and all defects arising from the Project, whether resulting from defective materials or defective workmanship, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this bond shall be subject to the advance written approval of the City. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. CONTRACTOR Title: Account Manager Date: 01/27/2021 (ATTACH SURETY'S POWER OF ATTORNEY) l'.ivcl�icnt Tech logy, Inc. By: (signature) �� >J 6UVCj MC(print), • , Y •` . Title: (�) Attest: Date: (signature) �. S l Ck �P(M 1'V1±. (print) C Title: rn S�Y(A+ V Date: CONTRACTOR'S SURETY: Travelers Casual and Surely Com ny of America By: (signature) Frances Lyons Title: Attorney -In -Fact :'(SES]: Attest: Date: 01/27/2021 (signature) Claudia Rodgers (print) Title: Account Manager Date: 01/27/2021 (ATTACH SURETY'S POWER OF ATTORNEY) vRo� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1/26/2021 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McGowan & Company, Inc. 20595 Lorain Rd Fairview Park OH 44126 INSURED Pavement Technology, Inc 24144 Detroit Rd Westlake OH 44145 "AME;,"' Frances Lyons PHONE Nn. Ext): 440.895.4.359 E-MA$L DRESS: flyons@mcgowanin INSURERS AF INSURER A: Travelers Property PAVETEC-01 INSURER B : Phoenix Insurance COVERAGES CERTIFICATE NUMBER: 1872448087 REVISION NUMBER: 14 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR I TYPE OF INSURANCE A DL PO CYNUMBER POLICY EFF D YY POLICY EXP MID LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CO -324N6425 3/1/2020 3/1/2021 EACH OCCURRENCE $1,000,000 CLAIMS -MADE M OCCUR PREDAMA GE TO RENTED MISES Ea occurrence) $ 500,000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGRErLIMIT APPLIES PER: AGGREGATE GENERAL AGGREGATE $ 2,000,000 -- �- I POLICY 1 - PRO- F—] LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y 810-81-678293 3/1/2020 3/1/2021 COMBINED SINGLELIMIT $1,000,000 Ea ccide BODILY INJURY (Per person) $ X ANY AUTO IAUTOS OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per acciden X HIRED Ix NON -OWNED ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR Y Y CUP -2,1391570 3/1/2020 3/1/2021 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y UB-OK349145 3/1/2020 3/1/2021 .%� PTREORH ANYPROPRIETOR/PARTNER/EXECUTIVEF7E,L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? 'N/A E.L. DISEASE - EA EMPLOYEE $ 1.000,000 (Mandatoryin NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1.000,000 1 _rt DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) PROJECT: Asphalt Rejuvenation Project Certificate Holder is included as an additional insured as required by written contract. It is further agreed that a waiver of subrogation applies in favor of the certificate holder as required by written contract on a primary and non-contributory basis. 10 day notice of cancellation for non-payment and 30 days for all other reasons applies CERTIFICATE HOLDER CANCELLATION City of Milton Georgia ATTN: Procurement Manager 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 TRAVELERSJR Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Frances Lyons of FAIRVIEW PARK , Ohio , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. .W 0V AIV, 4 � "� ww topa«nt c0ft Colm fi su4 r� ,8 State of Connecticut City of Hartford ss. By: Robert L. Raney", enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. ry�y ��INUNOTARY WITNESS WHEREOF, I hereunto set my hand and official seal./�d�lLCi��G�*�My Commission expires the 30th day of June, 2021Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 27th day of January , 2021 K0�70CONN. 7J � 4. Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880 Please refer to the above-named Attorney -in -Pact and the details of the bond to which this Power of Attorney is attached, STATE OF GEORGIA OFFICE OF INSURANCE AND SAFETY FIRE COMMISSIONER CERTIFICATE OF AUTHORITY WHEREAS, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, ORGANIZED UNDER THE LAWS AND REGULATIONS OF THE STATE OF CONNECTICUT, HAVING COMPLIED WITH THE REQUIREMENTS OF THE LAWS AND REGULATIONS OF THIS STATE AS ARE APPLICABLE TO SUCH ORGANIZATION, IT IS HEREBY LICENSED TO TRANSACT THE BUSINESS OF INSURANCE IN THE STATE OF GEORGIA ACCORDING TO THE LAWS THEREOF, WITH RESPECT TO THE FOLLOWING CLASSES AND/OR LINES OF INSURANCE: PROPERTY; MARINE AND TRANS; CASUALTY (INCL WORKERS' COMP); SURETY NOTHING CONTAINED IN THIS LICENSE AUTHORIZES THE LICENSEE TO ENGAGE IN OR WRITE ANY CLASSES OR KINDS OF INSURANCE IN THIS STATE FOR WHICH THE LICENSEE IS NOT AUTHORIZED IN ITS STATE OF DOMICILE. PURSUANT TO O.C.G.A. SECTION 33-3-16(a), THIS CERTIFICATE OF AUTHORITY EXPIRES AT 11:59 P.M. ON JUNE 30, 2021, UNLESS SUSPENDED OR REVOKED IN THE MANNER PROVIDED BY LAW. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY, JUNE 11, 2020 JOHN F. KING COMMISSIONER OF INSURANCE /j s /Z----�� LICENSE NUMBER: 20001488 NAIC NUMBER: 31194 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF JUNE 30, 2020 CAPITAL STOCK $ 6,480,000 CASH AND INVESTED CASH $ 258,475,581 UNEARNED PREMIUMS $ 1,116,937,641 BONDS 3,811,048,891 LOSSES 901,412,200 STOCKS 101,475,085 LOSS ADJUSTMENT EXPENSES 153,268,610 INVESTMENT INCOME DUE AND ACCRUED 36,512,809 COMMISSIONS 36,120,509 OTHER INVESTED ASSETS 3,655,569 TAXES, LICENSES AND FEES 11,859,942 PREMIUM BALANCES 316,865,424 OTHER EXPENSES 32,462,703 NET DEFERRED TAX ASSET 52,205,691 CURRENT FEDERAL AND FOREIGN INCOME TAXES 54,200,104 REINSURANCE RECOVERABLE 49,732,039 REMITTANCES AND ITEMS NOT ALLOCATED 3,004,698 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 6,686,959 AMOUNTS WITHHELD / RETAINED BY COMPANY FOR OTHERS 43,367,578 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 24,125,032 RETROACTIVE REINSURANCE RESERVE ASSUMED 799,132 OTHER ASSETS TRI -PARTY / TAX CREDIT BONDS 2,402,239 POLICYHOLDER DIVIDENDS 11,046,249 OTHER ASSETS 2,228,599 PROVISION FOR REINSURANCE 9,837,205 ADVANCE PREMIUM 1,141,660 PAYABLE FOR SECURITIES 38,767,669 PAYABLE FOR SECURITIES LENDING 8,686,959 CEDED REINSURANCE NET PREMIUMS PAYABLE 62,288,669 OTHER ACCRUED EXPENSES AND LIABILITIES 488,337 TOTAL LIABILITIES 2.486.689,863_ CAPITAL STOCK $ 6,480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1,741,440,095 TOTAL SURPLUS TO POLICYHOLDERS TOTAL ASSETS � TOTAL LIABILITIES 8 SURPLUS -T-4-60iT6 STATE OF CONNECTICUT COUNTY OF HARTFORD )ss' CITY OF HARTFORD MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS VICE PRESIDENT - FINANCE, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 30TH DAY OF JUNE, 2020. SUBSCRIBED AND SWORN TO BEFORE ME THIS 26TH DAY OF AUGUST, 2020 "Vi Vii b510tIN SUSAN M. WEISSLEpER Nolay Public Aly Commission Expires November 30, 2022 "EXHIBITE" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF Ohio COUNTY OF Cuyahoga Colin M. Durante , being first duly sworn, deposes and says that: (1) He is President (Owner, Partner, Officer, Representative, or Agent) of Pavement Technology, Inc. (the "Bidder") that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (6) Bidder has not directly or indirectly violated any law, ordinance or regulation related to the Bid. SUBSCRIBED AND SWORN BEFORE Signature of Autho ize Officer or Agent ME ON THIS THE DAY OF Colin M. Durante, President Printed Name and Title of Authorized Officer or Agent otary Fubli [NOTARY SEAL] My Commission, �*Vires: .Va�tary. P>�ilc; State``of Ohio f �Y�o�1�iS5ia P.xpire�)jail.l7.280�„� "EXHIBIT F" FINAL AFFIDAVIT STATE OF_ COUNTY OF TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Pavement Technology, Inc. or any of its subcontractors in connection with the construction of the Asphalt Rejuvenation Project for City of Milton, Georgia have been paid and satisfied in full as of '20_, and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of 120 , who under oath deposes and says that he is of the firm of that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires "EXHIBIT G.1" STATE OF Ohio COUNTY OF Cuyahoga CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 705855 Federal Work Authorization User Identification Number March 2015 Date of Authorization Pavement Technology, Inc. Name of Contractor Asphalt Reitivenation Project 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 onJanuary 25, 2021 in Westlake (city , N�/// (stat I� /),, Z,. Signature of Authorized Officer or Agent Colin M. Durante, President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 97�Z DAY OF „ . 20p. k4taPiibli [NOTARY SEAL] My1Aj.'1'I&[LiS-PALOS n any Public, Malt Uf OhiO Mx Cq�rnrnis�in" fiipires hn. 17, 20 ' "EXHIBIT G.2" SUBCONTRACTOR AFFIDAVIT STATE OF_ COUNTY OF 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 Pavement Technology, Inc. on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Asphalt Rejuvenation Project 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 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF )201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: "EXHIBIT H" ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "Final Completion" means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis or one invoice may be submitted upon completion of all work. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor's applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor's application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator's reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Ret_ainae. The Contractor through each invoice (except the final invoice) may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Contract Administrator or the City. All amounts retained by the City shall be held as a lump sum until Final Completion of all Work, regardless of earlier completion of individual component(s) of the Work. The final payment issued by the City shall include all amounts retained by the City under this paragraph, subject to any deviations in the Work or Change Orders executed pursuant this Agreement. "EXHIBIT I" Contractor Responsibility for Project and Worksite During Construction 1. Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite from the Commencement Date until Final Completion of the Project. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall, as necessary to keep the worksite clean and clear of all litter and debris, clean up and remove litter and debris. The Contractor shall, at intervals not to exceed 6 months, remove all weeds from around guard rail, barrier, poles, standards, utility facilities, and other structures, and cut or trim trees, bushes, or tall grass. These requirements shall apply to all areas within the Project worksite (i.e., the Project termini and lateral limits). All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for such maintenance services. 2. Repair of Worksite and Private Propeqy In the Case of Damage: From the Commencement Date until the Final Completion, the Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project or the worksite (with the exception of injury or damage caused by the sole negligence of the Owner) before Final Completion and shall bear the expense thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at its expense. Where the City elects to carry out a portion of the Work, in accordance with Section I I (A)(ii) of the Agreement, the City will determine if certain precautions are unnecessary and may be waived in that instance. The Contractor shall also take every precaution against injury or damage to private property in or around the worksite and shall repair or replace any private property damaged (directly or indirectly) by the Work. For purposes of progress payments and retainage calculation, and except where otherwise approved by the City in writing, damage to the Project or the worksite shall be repaired to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Further, except where otherwise approved by the City in writing, any damage to private property in or around the worksite, which damage is caused by the Contractor, shall be repaired or otherwise addressed to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. 3. Roadway Maintenance and Repair Duties in Relation to Traffic Activity: If the Project requires that traffic be maintained through the Project worksite during the prosecution of the Work, the Contractor shall assume all responsibility for damage to the Project and surrounding worksite caused by such traffic until Final Completion of the Work. If the Work requires that traffic be relocated to an alternate roadway or the Project is constructed on a new location, the Contractor shall be responsible for all damage to the Project and the worksite until the City directs that the Project be opened to traffic. At that time, the Contractor will no longer be responsible for traffic -related damage to the Project or worksite other than damage attributable to the Contractor's actions or inadequate construction. CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and North Fulton Express Oil, LLC dba Express Oil Change and Tire Engineers. 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: __________ X X X February 17, 2021 X Agreement located in Packet 2 – Vehicle Maintenance Repairs Agreement For North Fulton Express Oil, LLC, dba Express Oil Change and Tire Engineers CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and Extra Mile Auto Tire and Service, LLC 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: __________ X X X X February 17, 2021 Agreement located in Packet 2 – Vehicle Maintenance Repairs Agreement For Extra Mile Auto Tire and Service, LLC CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and Speed Auto Repair, LLC. 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: __________ X X February 17, 2021 X X Agreement located in Packet 2 – Vehicle Maintenance Repairs Agreement For Speed Auto Repair, LLC CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement with Kings Ridge Christian School for Cogburn Road Sidewalk 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: __________ X X February 17, 2021 X X To: Honorable Mayor and City Council Members From: Robert W. Drewry, Public Works Director Date: Submitted February 8, 2021 for the February 17, 2021 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement with King’s Ridge Christian School for Cogburn Road Sidewalk _____________________________________________________________________________________ Project Description: King’s Ridge Christian School recently developed a soccer complex on their property south of their existing driveway on Cogburn Road. A gravel path within the City of Milton right of way/easement was part of the required improvements. Due to maintenance requirements of the gravel path and future improvements for a concrete surface trail on Cogburn, the school exchanged a portion of the path to concrete. The remainder along the frontage was bid by the City and the subcontractor doing the other work onsite for King’s Ridge Christian School was the low bidder. This agreement is with King’s Ridge Christian School, as the owner of the project with the bidder as the subcontractor to the school. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-4101-541401300 Requisition Total: $ 9,975.00 Vendor DBA: King’s Ridge Christian School Financial Review: Bernadette Harvill, February 9, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – July 26, 2019 Concurrent Review: Steven Krokoff, City Manager Attachment: Short-form Construction Services Agreement MitTO-Nlp ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT – SHORT FORM Concrete Sidewalk Installation Kings Ridge Christian School - Cogburn Road Frontage This Construction Services Agreement (the "Agreement") is made and entered into this —day of , 2C _ (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 Milton City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the "City"), King's Ridge Christian School, Inc., a Georgia Corporation, having its principal place of business at 2765 Bethany Bend, Alpharetta, GA 30004 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor 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 the Contract Documents (defined below). 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 hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. Performance Bond and Payment Bond forms, attached hereto as "Exhibits E.1 and E.2"; F. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: The general scope of work will consist installation of a concrete sidewalk along the Cogburn Road frontage (the portion within the City of Milton) of the newly constructed Kings Ridge School's soccer complex (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. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term., Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be Construction Services Agreement I Version 1.0 specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within 30 business days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes: Any changes to the Work requiring an increase in the 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 $9,975.00 ("Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee, and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. A single invoice shall be submitted at the completion of the project. Regardless of anything to the contrary in Exhibit A, the City will not withhold retainage. The invoice shall be accompanied by a Waiver and Release upon Final Payment procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the 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. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor, City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. Construction Services Agreement Version 1.0 D. Contractor's Representative; Meetings. Scott Bailey shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of City. The parties acknowledge and agree that the Agreement is not in connection with or collateral to a contract or agreement for engineering, architectural, or land surveying services. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the 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 a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent 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. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. 1. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: Construction Services .Agreement I Version 1.0 (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "C" and "D" (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its 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) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK ONE] 500 or more employees. �G 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Construction Services Agreement I Version 1.0 N. Nondiscrimination. During the performance of this Agreement, the Contractor agrees as follows: 1. Compliance with Regulations The Contractor shall comply with the Regulations, hereinafter defined, relative to nondiscrimination in federally -assisted programs of the Department of Transportation (the "DOT"), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time (the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination The Contractor, with regard to the Work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of employees or subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts. Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for Work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, and other sources of information and its facilities as may be determined by the County, GDOT, or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the City, or GDOT or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain such information. 5. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscrimination provision of this Agreement, the City shall impose contract sanctions as it or GDOT or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Agreement until Contractor complies; and/or (b) Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issue thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the City or GDOT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctioning noncompliance. Provided, however, that in the event Contractor becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interest of the City and, in addition, the Contractor may request the Georgia Department of Transportation to enter into such litigation to protect the interests of the State and the United States to enter into such litigation to protect the interests of the United States. O. Bonds. The Contractor shall provide Performance and Payment bonds on the forms attached hereto as "Exhibits E.1 and E.2" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. Section 7. Final Proiect Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: Construction Services Agreement I Version 1.0 A. Complete Agreement; Counterparts• Third PartRy iahts. This Agreement, including all of the Contract Documents, 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 to be an original, but all of which together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). C. 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 calendar 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 addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. 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 to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. E. Agreement Construction and Interpretation• Invalidity of Provisions,• Severability, Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Construction Services Agreement I Version 1.0 CONTRACTOR: King's Ridge Christian School, Inc. By: 6'uq '�S, �uC'LI Its: [CIRCLE ONE] _J�-- President/Vice President (Corporation) l-� [CORPORATE SEAL] (required if corporation) Attest/Witness: By: SPP j/ w�u.,' Y Its: ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL: Signature: Steven Krokoff, City Manager [CITY SEAL] Attest: By: Its: City Clerk Approved as to form: Signature: City Attorney Joe Lockwood, Mayor Construction Services Agreement I Version 1.0 "EXHIBIT A" See attached diagram discussing installation of 285 feet of 10 -foot -wide 4 -inch -think concrete sidewalk and additional requirements below: Contractor Resnonsibility for Project and Worksite During Construction Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite from the commencement date until final completion of the Project. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall, as necessary to keep the worksite clean and clear of all litter and debris, clean up and remove litter and debris. These requirements shall apply to all areas within the Project worksite (i.e., the Project termini and lateral limits). All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for such maintenance services. 2. Repair of Worksite and Private Property In the Case of Damage: From the Commencement Date until the final completion, the Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project or the worksite (with the exception of injury or damage caused by the sole negligence of the City) before final completion and shall bear the expense thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at its expense. The Contractor shall also take every precaution against injury or damage to private property in or around the worksite and shall repair or replace any private property damaged (directly or indirectly) by the Work. For purposes of progress payments and retainage calculation, and except where otherwise approved by the City in writing, damage to the Project or the worksite shall be repaired to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Further, except where otherwise approved by the City in writing, any damage to private property in or around the worksite, which damage is caused by the Contractor, shall be repaired or otherwise addressed to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Roadway Maintenance and Repair Duties in Relation to Traffic Activity: If the Project requires that traffic be maintained through the Project worksite during the prosecution of the Work, the Contractor shall assume all responsibility for damage to the Project and surrounding worksite caused by such traffic until Final Completion of the Work. If the Work requires that traffic be relocated to an alternate roadway or the Project is constructed on a new location, the Contractor shall be responsible for all damage to the Project and the worksite until the City directs that the Project be opened to traffic. At that time, the Contractor will no longer be responsible for traffic -related damage to the Project or worksite other than damage attributable to the Contractor's actions or inadequate construction. "EXHIBIT B" z 61 a EnLU� �o mM UWW Z C3 0 Z Y. U sFZQ f'Y �Q FQn 0 o z o (K) C z a � o a O i` in Q o n� � o a N< it- W vw� Ci — o W-�0 60 mW Axa 5 ►„ r wv�i z r _z9 LOa vin W U h= N� c� Z = QN Q o 0f asr 14 J , � U ffi b IN o b NA V OW 64, Qvft M/y. addv ao Noas°w+la�(�) {s-7 s; ogi oS �/ '.'h: j �_.� y__ _ •� ��`4 !7: 697 ZEN Iallr M r r Pig .ot �\%0\ , n 0 g o 4� p Y � N 0 s; ogi oS �/ '.'h: j �_.� y__ _ •� ��`4 !7: 697 ZEN Iallr M r r Pig .ot �\%0\ , "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF COUNTY OF 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: 7©913 Federal Work Authorization User Identification Number Date of Authorization Kings Ridge Christian School Inc. Name of Contractor Concrete Sidewalk Installation Cogburn Road Frontage at Kings Ridge Christian School 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 00 Mares —7 _, 20Ac in 1 LTO rJ (city), �A (state). ' 01 Signature oAuthorized Officer or Agent G� i� 1, Pz e-(--- O F Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 14" DAY OF C> LJ -0 bc4, , 203,O. 0 "boy"-- a - eizA.-j— NOTARY PUBLIC My Commission Expires: 1 �-• 1 13 1 10 ZU "EXHIBIT D" SUBCONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(3) STATE OF _GZQ-(c-,, (4 . COUNTY OF 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 King's Ridge Christian School, Inc, on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt, If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 6 Federal Work Authorization User Identification Number /— Date of Authorization L04<2,kryet Goh�YC��' zncl Name of Subcontractor Concrete Sidewalk Installation Coeburn Road Frontaee at Kings Ridge Christian School 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 /y , 201q in (city),wf (state). Signature of Authoriz fficer or Agent j Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE c�k, DAY OF , 201-1. NOTARY UBLIC My Commission Expires: M LESLICtygiat. 27, 2022 CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions. Name of Development / Location Action Comments / # lots Total Acres Density 1. Aldi – The Shops at Windward Village 12990 Alpharetta Hwy. LL 1041, 1042, 1047 & 1048 Dist. 2 Sect. 2 Re- Combination Plat Revise expanded footprint of the Aldi grocery store 3.657 Acres N/A to Commercial Development 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: __________ X February 17, 2021 X X To: Honorable Mayor and City Council Members From: Robert Buscemi, Interim Community Development Director Date: Submitted on February 9, 2021 for the February 17, 2021 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plat as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Plat described herein includes a commercial building on Tract A2 which consists of 0.435 acres at 12990 Alpharetta Highway. This plat reflects the revised expanded footprint of the Aldi grocery store building only. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Consent Agenda Plats Staff Memo Page 2 of 4 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Aldi – The Shops at Windward Village 12990 Alpharetta Hwy LL 1041, 1042, 1047 & 1048 Dist. 2 Sect. 2 Re-Combination Plat Revise expanded footprint of the Aldi grocery store 3.657 Acres N/A to Commercial Development Consent Agenda Plats Staff Memo Page 3 of 4 Consent Agenda Plats Staff Memo Page 4 of 4 CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Halftime Sports LLC. to Provide Youth Basketball Programming and Camps. 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: __________ X X X February 17, 2021 X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on February 9, 2021 for the February 17, 2021 Regular Council Meeting Agenda Item: Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and Halftime Sports LLC. to Provide Youth Basketball Programming and Camps. ____________________________________________________________________________ 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 Halftime Sports LLC. Executive Summary: Halftime Sports provides the City with the youth basketball programming. This program will offer basketball leagues & camps year-round at Fulton County School gymnasiums, Crabapple First Baptist Church, Mill Springs Academy and Redline Athletics. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another youth basketball 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 Halftime Sports LLC. MILTON\t PARKS AND RECREATION 2021 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS & FACILITY USE AGREEMENT Halftime Sports THIS IS AN AGREEMENT , made this_ day of ____ , 202_, between: THE CITY OF MILTON , a municipal corpora t ion organized and operating under the laws o f 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 HALFTIME SPORTS hereinafter referred to as "PROV IDER ". 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: ARTI C LE 1.0 PROVIDER 's Services and Responsibilities 1 .1 PROVIDER shall conduct services generally described as YOUTH BASKE TBALL LEAGUES , CAMPS , AND CLINICS at the following locations: HOPEWELL MIDDLE SCHOOL , NORTHWESTERN MIDDLE SCHOOL , CRABAPPLE CROSSING ELEMENTARY SCHOOL , BIRMINGHAM FALLS ELEMENTARY SC HOO L, SUMMIT HILL ELEMENTARY SCHOOL , COGBURN WOODS ELEMENTARY SCHOO L, CRABA PPLE FIRST BAPTIST CHURCH , MILL SPRINGS AC ADEMY , & REDLINE ATHLETIC S. 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 w ill 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 Exhi bit "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 requi ri ng 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 PROV IDER. 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 2 administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses assoc iated with , or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to prov ide 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 PROV IDER 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 sp e cifi c ally be prohibited : sexu ally e xplicit materials , profanity, c hild pornography, alcoholic beverages, tobacc o produ ds, aduff mov ies, adult book /video stores , aduff entertainment establishments, mas sage parlors, pa wn sh ops, and tattoo parlors or shops . 1.10 The PROV IDER 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, cl inics, 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 sha ll have first priority fo r use of C ITY 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 superv isory 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 util ize 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 (Ex hibit "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 o r facilities afforded to PROVIDER for his/her programs, nor otherwise d isrupt the other on -site activ it ies being offered at such public facilities . 3 1.16 The PROV IDER 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 poli cy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Ex hibit "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 o f 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. 4 1.23 The PROVIDER agrees to continually strive to grow the program(s) it is operating. For the facilities provided , the ideal number of participa nts is identified below. PROVIDERs shall strive to grow to the ideal capacity and maintain that le v el of participation . Failu re to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and PROVIDER . Spring Summer Winter Fall Ideal Capacity ~o zoo 400 g'°D Prev io us Season CPrtuL~ li..feO Part icipation 134 ~oO z.-i. Growth Goal for Season 5"'0 'ZOO s-oo too l .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 a n d the advanced level teams must be made up of at least 50% City of Mil t on 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 requ ir ement prior to the formation of any advanc ed level team . 1.25 The PROVIDER shall provide sport-appropriate certification and tra in ing to all paid and vo lunteer coaches. Additional certification requirements may be described in the Facility Use Agreement. In addition, it is the respons ibility of the PROVIDER to ensure that all of their program instructors , coaches, volunteer and professional, head coaches and assistants , complete the following bas ic 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 Trainin g • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Po li cy 1.26 The Provider shall agree to the Field Playab ili ty , Weather Policies a n d Procedures, Heat and Hydration Guideline s a n d Cold Weather Policy below. Field Playability The Department will determ ine if fields are playable . Prog rams 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 C ity 's normal bus in ess hours , the Program is responsible for determining field playability. Programs are expected to exercise good judgment in determin ing if a field is playable, keeping the safety of t he p layers 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 cond itions on the City 5 website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): https://www.cityofmiltonga.us/parks-recreation/athletics/ Bell Memorial Park For the safety of all, the City of Milton uses a lightning detection system located on the roof of the maintenance building (beyond center field of field 5) to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to 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. 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. 6 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 th is 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 . Th is 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. Upo n notification by the PROVIDER , the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the PROVIDER to implement the substantial change, the PROVIDER may be required to prepare a written proposal outlining the planned c hange 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 or any of its members in the course of providing serv ices 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 PROV IDER records perta ining 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 w ill 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 t imeline 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 7 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 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 opp available to interface with the blue tooth device which eliminates the need for the external scoreboard controllers. Go to www.singlescore.com for the opp. 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; 8 f. Scoreboard controllers are mated to spe cific 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. ARTI C LE 3.0 Program Si ze M inimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A ." ARTI C LE 4 .0 Compensation and Method of Payment 4.1 In consideration of the City authorizing the PROV IDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROV IDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein . Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program participants to the PROVIDER . In consideration for providing the services described herein , the PROVIDER shall be entitled to 85 % of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non -resident surcharge (capped at a maximum of $90.00) is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation . PROVIDER shall be entitled to retain all non-registration fees paid by participants to PROVIDER , i.e . PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "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 reg ist ration 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 res ident 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 res idency of participants, the City will issue an invoice to the PROVIDER for reg istration 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 9 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. 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. 10 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 includ ing for bodily injury and personal injury, sickne ss, 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 $2,000 ,000 $1,000,000 Combined Single Limit -each occurrence Combined Single Limit -general aggregate Personal Injury PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liabili ty policy. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION a s an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liab ility Insurance. The following limits must be maintained: A B. Workers Compensation Employer's Liability Statutory $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 ; disc rimination, including sexual harassment; failure to accommodate d isabilities ; 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. 11 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 forth herein . This Agreement may be terminated by the City immediately by written notice to PROV IDER 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 t en ( l 0) 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 commiss ion 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 p rovided 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, 12 commIss Ions, 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 o f the performance of services described herein , or operations by the PRO VIDER, any subcontractor, anyone directly or ind irectly 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 Indemn ified 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 PROVI DER 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 limi t ation on the amount or type of damages, compensation or benefits payable by or for the PROVIDER or any subcontractor under workers' o r 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. AR TIC LE 9.0 Americans with Disabilities Ac t: Nondiscriminatio n 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA "), in the programs while providing any services funded in whole or in part by the CITY , including Titles I and II of the ADA and all applicable regulations , guidelines, and standards. 9.2 PROVIDER 's decisions regarding the delivery o f 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 wh ich 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 discrimina t e 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 representative(s) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. All communications relating to the day-to-act~vities of the program shall be exchanged between TOM MCKLVEEN for the CITY and \'ti<-Go .. 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 14 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 v ia national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE C ITY shall be sent to: Tom McKlveen Parks and Recreation Manager, City of Milton 2006 Heritage Walk Milton , GA 30004 NOTICE TO THE PROV IDER shall be sent to: 10.1 O 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 str ict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated . 10.11 Pursuant to O.C .G.A. § 13 -10 -91 , the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER shall provide evidence on CITY -provided forms , attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E-Verify program to be sworn under oath under crimina l 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 provision s and deadlines established in O.C.G.A. § 13 -10 -9 l, 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 (IRCA), P.L. 99 -603 , O .C .G .A. § 13 -10 -91 and Rule 300-10 -1-.02. In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C .G .A. § 13 -10 -91 and Rule 300 -10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to 15 provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee-number category designated below is applicable to the PROVIDER. 500 or more employees. l 00 or more employees. _x_ Fewer than l 00 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13 -10 -91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws . l 0.12 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. l 0.13 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 th is Agreement without prior written approval of the other Party. l 0.14 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 Ful t on County, Georgia , and PROVIDER submits to the jurisdiction and venue of such court. l 0.15 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 poss ible, 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 . l 0.16 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 (o r cure a failure to perform) any of its respective duties or obligations under this Agreement or for 16 any delay in such performance due to : (a) any cause beyond its respective reasonable control ; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake , fire , explosion or flood ; (e) strike or labor dispute, excluding strikes or labor d isputes by employees and/or agents of PROVIDER ; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot , insurrection or invasion . In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 10 .1 7 Hosting of camps and tournaments involving participants from outside the PROVIDER 'S own program along with participants in the PROVIDER'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 reseNes the right to requ ire 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 Agreement will authorize the PROVIDER 'S own use only . The City reseNes the right to restrict facil ity use on dates when there are special City/Department events . These dates, if applicable, 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 fo r 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 str ictly 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 WITNES S OF THE FOREGOING , the Parties have set their hands and seal the day and year first written above. ATTEST: SUDIE GORDON, CITY CLERK ATT EST: Print : Its: (Assistant) Corporate Secretary (required if corporation) CITY : BY: _________ _ JOE LOCKWOOD, MAYOR ~Cut_ Print : K, M,, G. (1 {0yy1,1c? Its:_ · cle one) -Presid Vice President (Corporation) neral Partner (Partnership/Limited Partnership) -Member/Man ager (LLC) [CORPORATE SEAL] (required if corporation 18 EXHIBIT "A " (INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION , AND MINIMUM NUMBER OF PARTICIPANTS)] 19 HALFTIME SPORTS/CITY OF MILTON PROGRAM DATES Travel Team Basketball Tryouts February 20, 2021 Location: Mill Springs Academy Player Capacity: 50 Spring Sunday Program/League March 21,28 April 18, 25 May: 2, 16 Location: Mill Springs Academy (2:00 -7:00pm) Player Capacity: 50 City of Milton Summer Camps May 30 -June 4, 2021, June 7 -11, 2021 June 14 -18, 2021 June 21-25, 2021 June 28-July 2, 2021 July 5 -9, 2021 July 12 -16, 2021 July 19 -23, 2021 July 26 -30, 2021 Player Capacity : 30 City of Milton Fall Sunday Program August 15, 22, 29 September 12, 19, 26 October 3 Location: Mill Springs Academy {2:00 pm -7:00 pm) City of Milton Winter Recreation Basketball Camp October 10 Location: Mill Springs Academy (2:00 pm -7:00 pm) City of Milton Winter Recreation Basketball Evaluations October 16 -17 Location : Mill Spring Academy {9 :00 pm -6:00 pm) City of Milton Winter Recreation Basketball Practices Begin November 1 Locations : Hopewell Middle School, Northwestern Middle School, Cogburn Woods Elementary, Crabapple Crossing Elementary, (6 :00 pm-9 :00 pm) City of Milton Winter Recreation Basketball Games December 4, 11, 18 (Off December 19 -January 2 due to Winter Break) Locations: Mill Springs Academy, Hopewell Middle School, Northwestern Middle School, Cogburn Woods Elementary, Redline Athletics, Crabapple Crossing Elementary, Birmingham Fall Elementary School, Crabapple First Baptist Church (8 :00 am -6:00 pm Weekends and 6:00 pm - 9 :00 pm Weekdays) Playoffs: February 12 -20 Locat ions: Hopewell Middle School, Northwestern Middle School, Cogburn Woods Elementary, Crabapple Crossing Elementary {8:00 am -4 :00 pm Weekends and 6:00 pm-9 :00 pm Weekdays) 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 to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C .G.A. § 16-11 -173. Signs shall be posted at city parks stating the following: "In accordance with O .C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks . It shall be unlawful for any person to possess or use fireworks , as defined in O.C .G.A. 25- 10-1 (a)(l ), 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 rec reation and parks director. (j) Permit requ ired . 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. (I) 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) Swimm ing 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 un less 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 , § l (ch. 8, art. l, § 4), 1-18-2007 ; Ord . No . 07-08 -42, § l (ch. 8, art. l, § 4), 8-23-2007 ; Ord. No . 14-10-225 , §§ l, 2, 10-20-2014 ); Ord . No. 15-03 -237 , § l, 3-16 -2015) PARK /FA CI LITY REGULATIONS l. 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 disp lay appropriate conduct while operating activities on City facilities. Continuous failure to do so co ul d result in the termination of the right to use City facilities . All Programs must enact and enforce a policy of ZERO tolerance for abus ive 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. 22 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. 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. Quest ions , recommendations, complaints , etc . regarding park facilities and operations should be directed to the Department-678-242 -2519 or Tom .McKlveen @cityofmiltonga.us 23 EXHIBIT "D" C ONTRA CTOR AFFIDAVIT AND AGREEMENT STATE OF G EO RGIA CITY OF M I LT O N By executing this affidavit, the undersigned contractor verifies its compliance with O .C .G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify , or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91 . Furthermore , the undersigned contractor w ill 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 informatio n required byO.C.G.A.§ 13-10-9l{b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as fol lows: tJ{l< eVerify Number Date of Authorization Name of Contractor Name of Project City of Milton, GA __________ _ Name of Public Employer 24 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed On ~~,, __ v,,,v_v __ , U , 202_ in rtv½O'l>r? (city), -1lk__(s t ate). Printed Name and Title of Authorized Officer or Agent / SUBSCRIBED ANDS~ BEFORE ME ON THIS THE ~OF ,202 0 . ~L~ [NOTARY SEAL) Cynthia Matthews Earp NOTARY PUBLIC Fulton County, GEORGIA My Commission Expires 05/09/23 My Commission Expires: 06 / 0:} / ~ .3 OUTSIDE PROVIDER FACILITY USE AGREEMENT Th is agreement, made this ____ day of _____ , 20. __ , by the City of Milton ("City") and the "PROVIDER ." Witnesseth: In consideration of the mutual agreements contained in this document, the City and PROVIDER agree as follows : 1. The PROVIDER agrees to provide a youth sports program (organized league play), to wit YOUTH BASKETBALL LEAGUES , CAMPS, AND CLINICS as a service for the City in accordance with applicable policies and procedures for youth 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: HOPEWELL MIDDLE SCHOOL, NORTHWESTERN MIDDLE SCHOOL, CRABAPPLE CROSSING ELEMENTARY SCHOOL, BIRMINGHAM FALLS ELEMENTARY SCHOOL, SUMMIT HILL ELEMENTARY SCHOOL, COGBURN WOODS ELEMENTARY SCHOOL, CRABAPPLE FIRST BAPTIST CHURCH, MILL SPRINGS ACADEMY, & REDLINE ATHLETICS 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 ~ (W AM P TO 9 ~oo A SATURDAYS : "SO ~-v FROM £-@PM TO _q,;___ SUNDAYS: FROM \ 1.:~ AM P TO O\' ,lJJ 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. 26 4. 5. 6 . 7. 8. 9. 10 . 11. 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. 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. 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 (Exhibit A). 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 prior to formation of an advanced level team . 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 . The PROVIDER shall ensure that its coaches satisfy the certification and training requirements set forth in Exhibit B. INITIALED: ~ 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. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary . 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 27 PROVIDER 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. 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 C ity 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, t he Social Security Act, t he Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. 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 C ity and the City will not be liable for any obligation incurred by PROVIDER , including but not lim ited to unpaid minimum wages or overtime premiums. 13 . Nothing within th is agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees . 28 14. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: PROVIDER NAME: t°tAt fi-j Mt-$'.?o~ ADDRESS : I '2-t.f (pO ~A:??ic ~I -¢: l-ov ~ -r? CITY/STATE/ZIP: KL?~~ G,+ '3'c2>o.:?>1': PHONE: lft)lf-'f~?,/S~f WEBSITE: WwtA.), hA { ,t'";,'tyt{E, > ?o (LA. S . A.Je,,f EMAIL: /LC-. Vlt'-t -t T,'dsqv µs C 't~I. Cu r-- CITY : City of Milton Parks and Recreation Department Attn: Parks and Recreation Manager 2006 Heritage Walk Milton , GA 30004 678-242-2519 www.cityofmiltonga.us Tom.McKlveen@cityofmiltonga.us 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 29 PROVIDER has received and reviewed} or as may be duly adopted by the City during the term of this Agreement. 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 prio r 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 th is 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 Agreemen t 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 fa ilure to perform, and providing PROVIDER with a reasonab le 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 fai ls to cure the deficiency, or in the event of any subsequent fai lure to perform, City shall have the right to immediately 30 terminate the Agreement by providing written notice of termination to PROVIDER. PROVIDER shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of PROVIDER. Prior to exercising this right of termination, 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 deficiency, 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 any time for convenience upon thirty (30) days written notice 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 the 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 Agreement with the City. PROVIDER: ~;i!f~GC! Name: JG,M ,.,bc Co {oazA/'? (Typed or Printed) Date: tv{½{'l-0-z..o 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-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:-~~---- 32 EXHIBIT B [This exhibit to be modified on a case-by-case basis to reflect the varying nature of coaching certifications in different sports.] PROVIDER must require that a minimum of one ( l) 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 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 with in two weeks of the season start. SPORT : ~AS.t~~t,,l ACCEPTABLE COACHING CERTIFICATIONS: U~ 'f>.,-..~~~lC 33 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/10/2020 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. : t e cert, Icate o er Is an O L , t e po 1cy(1es) must ave L S prov1sIons or en orse . 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 ri hts to the certificate holder in lieu of such endorsement s . PRODUCER : Kristin Legendre Relation Insurance Services P .O . Box 25936 800-955-199 1 F A/C No : 913-327-0201 Overland Park Kansas 66225 INSURED Halftime Sports OBA: Halftime Sports, LLC 12460 Crabapple Road, #337 Alpharetta, GA 30004 A Member of the Sports, Leisure & Entertainment RPG COVERAGES programs@relationi nsura nce.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Nationwide Mutual Insurance Company 23787 INSURER 8 : INSURER C: INSURER D: INSURER E: INSURER F: CERTIFICATE NUMBER: W01678650 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 INDICAT ED . NOTWITHSTANDI NG ANY REQUIREMENT , TERM OR CONDI TION 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 PA ID CLAIMS . IN:>K TYPE OF INSURANCE l"UUL SUBR POLICY NUMBER n..>U<,J ,,.~ """ LIMITS LTR INSD WVD /M /MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000006993600 02/27/2020 02/27/2021 EACH OCCURRENC E $2 ,000,000 >-- :J~S-[RJoccuR 12:01 Mv'i EDT 12 :01 Mv'i UAMAl>t: I U """ I t:U PREMISES (Ea Occurrence) $1 ,000,000 >--MED EXP (Any one person) $5,000 -PERSONAL & ADV INJURY $2 ,000 ,000 >--GENERAL AGGREGATE $5 ,000 ,000 -GEN 'L AGGREGATE LIMIT APPLI ES PER: PRODUCTS -COMP/OP AGG $2,000,000 R □PR~ □LOG PROFESSIONAL LIABILITY $2 ,000,000 POLICY JECT OTHER : LEGAL LIAS TO PARTICIPANTS $2,000 ,000 A AUTOMOBILE LIABILITY 6BRPG0000006993600 02/27/2020 02/27/202 1 (Ea accidenttN<.;Lt:: LIMI $2 ,000 ,000 -12:0 1 Mv'i EDT 12 :01AM ANY AUTO BODILY INJ URY (Per person) -OWNED AUTOS ~ SCHEDULED ONLY AUTOS BODILY INJURY (Per accident) -~LRT~S ON L y x ~8f~'1i¼i~ r-n.vr-cn. Y Ul"'\MM~c X (Per accident) -X NOT PROVIDED WH IL E IN HAWAII UMBRELLA UAB tj OCCUR EACH OCCURRENCE -EXCESS UAB CLAIMS-MADE AGGREGATE OED n RETENTION WORKERS COMPENSATION AND N/A LJ STATUTELJ OTHER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/ Y/N EL EACH ACCIDENT EXECUTTVE OFFICER/MEMBER □ E.L. DISEASE-EA EMPLOYEE EXCLUDED? (Mandatory in NH) I/ yes , desaibe under DESCR IPTION OF OPERATIONS below EL DISEASE-POLICY LIM IT A MEDICAL PAYMENTS FOR PARTICIPANTS 6B RPG0000006993600 02/27/2020 02/27/2021 PRIMARY MEDICAL 12 :01 Mv'i EDT 12 :01 Mv'i EXCESS MEDICAL $250 ,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remar1<s Schedule , may be attached if more space Is required) Legal Liability to Participants (LLP) limit is a per occurrence limit. Sport(s): Basketball Age(s): 12 and under, 13-15, 16-19 The certificate holder is added as an additional insured , but only for liability caused, in whole or in part, by the acts or omissions of the named insured . CERTIFICATE HOLDER City of Milton 2006 Heritage Walk Milton , GA 30004 (Owner/Lessor of Premises) Coverage is only extended to U.S. events and activities . THE EXPIRATION DATE THEREOF, NOTICE WILL BE ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE IN •• NOTICE TO TEXAS INSUREDS : The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights reserved. CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and Milton Tennis Center to Provide Youth and Adult Tennis Programming and Camps. 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: __________ X X X February 17, 2021 X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on February 9, 2021 for the February 17, 2021 Regular Council Meeting Agenda Item: Approval of an Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Milton Tennis Center to Provide Youth and Adult Tennis Programming and Camps. ____________________________________________________________________________ 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 Milton Tennis Center. Executive Summary: Milton Tennis Center will provide the city youth and adult tennis programming. This program will offer tennis teams, camps and classes at the Former Milton Country Club. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City as well as facility rental fees. Alternatives: If this contract is not approved, we will have to research to find another tennis 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 Milton Tennis Center. M11-.,T0N'k PARKS AND RECREATION 2021 CITY OF MILTON PARKS &RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS & FACILITY USE AGREEMENT Milton Tennis Center 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 MILTON TENNIS CENTER 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 P_ROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as TENNIS TEAMS, LESSONS AND CAMPS at the following locations: FORMER MILTON COUNTRY CLUB & HOPEWELL MIDDLE SCHOOL 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit 'A" attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate 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 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the 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 on-site 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. 3 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by and for all of the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their coaches and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY 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. 4 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. *TOTAL PLAYERS Spring Summer Fall Winter Ideal Capacity 120 100 120 100 Previous Season Participation 120 100 120 100 Growth Goal for Season 120 100 120 100 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 5 website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): https://www.cityofmilton_ga.us/parks-recreation/athletics/ Bell Memorial Park For the safety of all, the City of Milton uses a lightning detection system located on the roof of the maintenance building (beyond center field of field 5) to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to 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. 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 action shall be taken by the PROVIDER to implement the substantial change, the PROVIDER may be required to prepare a written proposal 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 or 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 FA 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 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 Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program 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 M 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. 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. 10 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. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Program has been operating in the City, whichever is less. The policy must include the City as an additional insured. 11 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 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, 12 commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans with Disabilities Act; Nondiscrimination 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 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 representative(s) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. All communications relating to the day -to -d y activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and I&M 0 90eo.&M09for 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 14 delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Tom McKlveen Parks and Recreation Manager, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: 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 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractors) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to 15 provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 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 16 any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood, (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 10.17 Hosting of camps and tournaments involving participants from outside the PROVIDER'S own program along with participants in the PROVIDER'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 Agreement will authorize the PROVIDER'S own use only. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual Facility Use Agreement. 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: vc� r Print: Its: (circle one) - President/Vice President (Corporation) - General Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation In Exhibit A Milton Tennis Center Program includes: ALTA, USTA and league play. Team, group and individual lessons. Overseeing of court; rea and grounds. Provide direction fors all ages and levels. Staff is approved by Tennis Director Participants will be limited to level of play, size of groups and court availability and amount allowed by leagues. Milton Tennis Center staff is the only sanctioned programming at the site to conduct lessons and team play. Director will oversee court signup for teams. Offer repair services for rackets. Estimated amount of teams: 10 Spring and Fall Men 2 / Ladies Thu. 2 / Ladies Sun. 2 / Boys 2 / Girls 2 / Estimated amount of teams: 8 Summer and Winter ALTA: Senior Men, Senior Women, Mixed Doubles A, B, USTA Ladies/ USTA Juniors 18u, 14u, 12u, 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 to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25- 10-1 (a) (1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or 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. Vj 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. 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 1) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2519 or Tom.McKlveen@cityofmilton_ga.us 23 STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contr for verifi( that the individual, firm, or corporation which is a gaged in Milton has registered with, is authorized to use and uses the fe or any subsequent replacement program, in act ordance O.C.G.A. § 13-10-91. Furthermore, the undersignedcontras throughout the contract period and the undersig ed contr satisfaction of such contract only with subcontractors who prE by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work a thorizatior follows: eVerify Number Date of Authorization Tem cBg4r'N Name of Contractor Name of Project City of Milton, GA Name of Public Employer s its compliance with O.C.G.A. § 13-10-91, stating affirmatively the physical performance of services on behalf of the City of feral work authorization program commonly known as E -Verify, with the applicable provisions and deadlines established in x will continue to use the federal work authorization program Ictor will contract for the physical performance of services in >ent an affidavit to the contractor with the information required user identification number and date of authorization are as I hereby declare under penalty of perjury that the foregoing is true and correct. Executed onT��202[ in TIV l N (city), (state). Si Lure of Authorized Officer or Agent 77)-t-,1WC9 •mac Ft e;5V Printed Name and Title of Authorized Officer or Agent SUBkCRIBED AND SWORN BEFORE ME ON THIS THE DAY F r1 eN 202 1 NOTA PUBLIC [NOTARY SEAL] My Commission Expires: $' 12- 2-C' 2- 3 gEo"O' J Notary PupEMGoor ie CherokeeCountyg •,,x`�1���� My Commlaaion Expires Au us 1 2w)n My Commission Expires: $' 12- 2-C' 2- 3 OUTSIDE PROVIDER FACILITY USE AGREEMENT This agreement, made this of Milton ("City") and "PROVIDER." Witnesseth: day of 20 , by the City the In consideration of the mutual agreements contained in this document, the City and PROVIDER agree as follows: The PROVIDER agrees to provide a youth sports program (organized league Play), to wit YOUTH & ADULT PHTOGRAPHY LESSONS CLASSES AND CAMPS as a service for the City in accordance with applicable policies and procedures for youth 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 8 COMMUNITY PLACE 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 8:00 AM/PM TO 10:00 AM/PM SATURDAYS: FROM 8:00 AM/PM TO 10:00 AM/PM SUNDAYS: FROM 8:00 AM/PM TO 10:00 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. 10 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. 5. 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. 6. 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 (Exhibit A). 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 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: 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 27 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. 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. 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. 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. w:� 14. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the followiDng' respective addresses: PROVIDER NAME: ' �J v/� �`�'/,✓`S ��/�tC�2 ADDRESS: "-27 S CITY/STATE/ZIP: IM�Lfi�'yV . �OOO PHONE: qac WEBSITE: &)I `(✓N-rVf /j, y.'� l��-.ee EMAIL: -rerr4 o bs CITY: City of Milton Parks and Recreation Department Attn: Parks and Recreation Manager 2006 Heritage Walk Milton, GA 30004 678-242-2519 www.cityofmiltongaus Tom.McKlveen@cityofmiltonga.us 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 29 PROVIDER has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 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 30 terminate the Agreement by providing written notice of termination to PROVIDER. PROVIDER shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of PROVIDER. Prior to exercising this right of termination, 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 deficiency, 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 any time for convenience upon thirty (30) days written notice 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 the 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 Agreement with the City. PROVIDER: By: Pre dent _ / Name: fWFV B��4. (Typed or Printed)�) Date: g�_ �' Ig' , 14 00�l 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-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: T6 32 EXHIBIT B [This exhibit to be modified on a case-by-case basis to reflect the varying nature of coaching certifications in different sports.] PROVIDER 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 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: 7LE�o N( ACCEPTABLE COACHING CERTIFICATIONS: I �nt•�N�SSS 33 DATE (MMIDOIYYYY) eco Drz CERTIFICATE OF LIABILITY INSURANCE 01/21/2020 THIS CERTIFICATE IS ISS ER NEI OELfYAT12 D, ELXTEND OR ALTER HE COVERAGE AFFORDEDHOL RBY THE POLICIES BELOti CERTIFICATE DOAME ES NOT AFFIRMATIVELY THIS CERTIFICATE OF INSURANCE DOES NOT CONS iITUTE A CIX TRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTAT OR PRODUCER AND THE CERTIFICATE HOLDER. IN U Ell I SUBROGATION Se WA fica s oect,- be endorsed. r�ffs an to the termsla d onditio sD f the policy, certain policies Dmay require an endorsement. nt Aostatem statement on tt SU certificate does not confer ri hts to the certificate hot r in lieu of such endOON ACT NAME: Mass Merchandising Underwriting PRODUCER 1-800-506-4856 a/c No: 1-260-459-5590 K&K Insurance Group, Inc. AIC No r -t: 1712 Magnavox Way E-MAIL info@fitnessinsurance-kk.com ADDRESS: Fort Wayne IN 46804 RODU ER CUSTOMER ID: NAIC # INSURERS) AFFORDING COVERAGE INSURER A: Nationwide Mutual Insurance Company 23787 INSURED INSURER B: Terrence B. O'Brien DBA: Tennis Instructor INSURER C: 2535 Bethany Church Rd. INSURER D: Milton, GA 30004 INSURER E: A Member of the Spi3tts, Leisure & Entertainment RPG INSURER F: COVERAGES CERTIFIC TE NUMBER: W01667558 REVISION NUMBEF FOR THE LICY PERIOD NDICA ITHIS IS TO ED VE NOTWITHSTANDING ANY REQUIREMENTOF INSURANCE LJ�TED TERM OR CONDITION OF ANIY CONTRACHAVE T OR OTHER DOCUMENT WITH ISSUED TO THE INSURED MRE RESPECT TO WHICH TOHIS CER IFIICATE MA` ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B`! THE POLICIES DESCRIBED HER IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION: SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCE BY PAID CLAIMS. LIMITS S ADDL UB POUCY NUM ER M MMIDDNYYY LTR TYPE OF INSURANCE INSD WVD 5 A X COMMERCIAL GENERAL LIABILITY X 86RPG000000 215100 02/01/2020 02/01/2021 EACH OCCURRENCE $500' 12:01 AM EDT 12:01 AM PREMISES Ea Occurrence CLAIMS- F1_1 OCCUR $5 MADE MED EXP (Any one person) PERSONAL & ADV INJURY $500 GENERAL AGGREGATE $5,000 PRODUCTS - COMPlOP AGG $50C GENT AGGREGATE LIMIT APPLIES PER: PROFESSIONAL LIABILITY $50C POLICY ❑ jECT LOC LEGAL LIAB TO PARTICIPANTS $SOC OTHER: OMBINED LE LI IT Ea accident AUTOMOBILE LIABILITY BODILY INJURY (Per person) ANY AUTO BODILY INJURY (Per accident) OWNED AUTOSSCHEDULED D ONLY 8 AUTOS HIRED NON -OWNED Per accident AUTOS ONLY AUTOS ONLY NOT PROVIDED WHILE IN HAWAII EACH OCCURRENCE UMBRELLA LIAB OCCUR AGGREGATE EXCESS LIAB CLAIMS -MADE DED RETENTION PER OTHER WORKERS COMPENSATION AND NIA STATUTE EMPLOYERS' LIABILITY E.L. EACH ACCIDENT ANY PROPRIETORIPARTNERI YIN E.L. DISEASE -EA EMPLOYEE EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) F E.L. DISEASE -POLICY UMrr If yes, describe under DESCRIPTION OF OPERATIONS below PRIMARY MEDICAL MEDICAL PAYMENTS FOR PARTICIPANTS EXCESS MEDICAL DESCRIPTION OF OPERATIONS ! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Instructor of: Tennis Sports instruction conducted at locations that are NOT owned or operated by the instructor. The certificate holder is added as an additional insured, but only for liability caused, in whole or in part, by the acts or omissions of the named insured. ctrt 11rwA I nvw�.. SHOULD ANY Vt l "r ADvvc u" " -- - -- City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVER 2006 Heritage Walk ACCORDANCE WITH THE POLICY PROVISIONS. Milton, GA 30004 AUTHORIZED REPRESENTATIVE (owner/Lessor of Premises) Coverage is only extended to U.S. events and activities. * may not be subject to all the insurance laws and regulations of the State o Texas NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group ©1988-2015 ACORD CORPORATION. All right ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and North Georgia Recreation, Inc. to Provide Youth Boys Lacrosse. 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: __________ X February 17, 2021 X X X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on February 9, 2021 for the February 17, 2021 Regular Council Meeting Agenda Item: Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and North Georgia Recreation, Inc. to Provide Youth Boys Lacrosse. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of the Parks and Recreation Department Agreement for Outside Providers & Facility Use Agreement between The City of Milton and North Georgia Recreation, Inc. Executive Summary: North Georgia Recreation provides the city with the youth boys lacrosse program. This program will offer lacrosse leagues & camps at Bell Memorial Park, Cox Rd. Athletic Complex, as well as Fulton County School athletic fields. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another youth lacrosse provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, 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 North Georgia Recreation, Inc. MItTON%r PARKS AND RECREATION 2021 CITY OF MILTON PARKS &RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS & FACILITY USE AGREEMENT North Georgia Recreation 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 NORTH GEORGIA RECREATION 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 BOYS YOUTH LACROSSE LEAGUES, CAMPS AND CLINICS at the following locations: BELL MEMORIAL PARK, COX ROAD ATHLETIC COMPLEX, HOPEWELL MIDDLE SCHOOL AND COGBURN WOODS ELEMENTARY SCHOOL 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate 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 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the 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 on-site 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. 3 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by and for all of the provider'scounselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed at the PROVID4'ecuted s sole expense. A Consent and Release Form to conduct a criminal background must be 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. 4 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. 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 61 Spring Summer Fall Winter Ideal Capacity 300 0 350 0 Previous Season Participation NA 0 250 0 Growth Goal for Season 5% NA 5% NA 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 61 website shown below (but does not guaratee the website will updated in real time, as delays in updating may occur): httos://www.citvofmiltonoo.us/darks-recredtion 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. 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. 2 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 action shall be taken by the PROVIDER to implement the substantial change, the PROVIDER may be required to prepare a written proposal 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 or 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). 7 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 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.sin.glescore.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 Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program 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-residant 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 9 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 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 10 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. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Program has been operating in the City, whichever is less. The policy must include the City as an additional insured. 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. ARTICLE 7.0 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 11 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 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, 12 abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described un this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify ARTICLE 9.0 Americans with DisabilitiRs Act; Nondiscrimination 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ( "ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 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-dLaAl,, activities of the program shall be exchanged between TOM MCKL VEENfor the CITY and n 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, 14 postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Tom McKlveen Parks and Recreation Manager, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: Ll"AAr", Al IZr'1 9 -) 2J 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 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. 15 PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one for 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 control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor EG disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 10.17 Hosting of camps and tournaments involving participants from outside the PROVIDER'S own program along with participants in the PROVIDER'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 �is/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 agreement will authorize the PROVIDER'S own use only. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual Facility Use Agreement. 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. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. 17 ATTEST: SUDIE GORDON, CITY CLERK ATTEST: Print: Its: (Assistant) Corporate Secretary (required if corporation) CI Y: BY: JOE LOCKWOOD, MAYOR PR VI i Print: 4Gircle one) le ice President (Corporation) gyral Partner (Partnership/ Limited Partnership) ber/Manager (LLC) [CORPORATE SEAL] (required if corporation in EXHIBIT "A" PROGRAM Rq QUEST FORM Individuals interested in proposing their programs and services must complete and return this form attached to the Letter of Interest. his information will be used for consideration of program proposals. Use one form per prcqram. Name of Program: BOYS YOUTH LACROSSE Participant Ages: 5-14yrs. old boys Day/s of the week program is offered: 1 practice a week and 1-2 games on the weekend Time of Program: Practices are 1 Tnd 1/2 hour (4:30-6:00pm, 6:00-7:30pm, 7:30- 9:00pm), games are scheduled 1 hour and 15 minutes to 1 hour and 30 minutes apart on Saturdays (8:00am-9:00pm) or on Sundays (11:00am- 8:00pm). Spring practices are on thee 1 and 1/2 hour (4:30-6:00pm, 6:00-7:30pm, 7:30-9:00pm), games are scheduled 1 hour and 15 minutes to 1 hour and 30 minutes apart on Saturdays (8:00am-9:00pm) or on Sundays (11:00am- 8:00pm). Program Dates: Spring 2021- Practice begins January 25th, First game March 5`h Last Game May 14`h (all weather permitting). Fall 2021- practice begins August 14`h, First game September 11"', Last game November 13"' (weather permitting). Program Fee: $125-$150 depending on age group Program Enrollment: Minimum: 45 per age group Maximum: 150 per age group Materials to be supplied by participants: cleats/tennis shoes, stick, helmet, mouth guard, pads. Materials to be supplied by PROVIDER: Jersey, balls, cones. Field will be lined by provider. Materials to be supplied by the City of MILTON: Lacrosse goals and fields to participate on, Additional Program Requirements: PROVIDER (`s)Name: North Georgia Recreation (Brandon Allen) Address: 2755 Laurelwood Lane, Alpharetta, �GA 30009 Phone Number: (Day) 678 297-2662 (Evening) 678 860-3102 (E-mail): brandon@newtownrec.com (Fax) 678 297-3920 Minimum Requirements: 1,000,000 General Liability Insurance 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 Leverage, within any public park and within any building or facility under the supervision of the city'recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city any 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. (I) 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. 22 4. Program representatives are responsible to rep' rt any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, hover boards etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 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 1) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2519 or Tom.McKlveen@citvofmiltonga.us S EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance 'with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authoriza follows: eVerify Number Date of Authorization i. 9XIX311- [I i iX, /\ Name of Contractor Name of Project City of Milton, GA Name of Public Employer user identification number and date of authorization are as 24 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on j202_ in°��'• (city), 6i�1 s te) 7 r. Sig ature of Auffiqiked officer 6f Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY ,202Q. OT UBLIC e rmissio�' 0 16.242 OUN-N 111111 kwo My Commission Expires: ZI�Z SLI STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcon ractor ve that the individual, firm or corporation which is a gaged i on behalf of the City of Milton has egisterec program commonly known as E -Verify, or any s bsequer provisions and deadlines established in O.C.G.A. § 3-10-91, the federal work authorization program throughout the cont the physical performance of services in satisfaction of such c the subcontractor with the information required by O.C.G.A forward notice of the receipt of an affidavit from a ub-subcc If the undersigned subcontractor receives notice that a contracted sub -subcontractor, the undersigned sW contrac of the notice to the contractor. Subcontractor hereby attests that its federal work follows: eVerify Number II1�aII'q Date of Authorization &L O 'A Name of Subcontractor Name of Project City of Milton, GA Name of Public Employer es its compliance with O.C.G.A. § 13-10-91, stating affirmatively the physical performance of services under a contract with rith, is authorized to use and uses the federal work authorization replacement program, in accordance with the applicable irthermore, the undersigned subcontractor will continue to use ct period, and the undersigned subcontractor will contract for itract only with sub -subcontractors who present an affidavit to 13-10-91(b). Additionally, the undersigned subcontractor will tractor to the contractor within five (5) business days of receipt. ib -subcontractor has received an affidavit from any other r must forward, within five (5) business days of receipt, a copy user identification number and date of authorization are as I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 202_L in SQWaA fc (city), of Authorized Offiarer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFO ME ON THIS THE =� DAY OF h,202_/. Q SSIO ,�Q,R iSEALI <C •: JUNE 26 ly misan E&res: b( 7-U 12 02 5 ��pT •.•M cou? ��`�. OUTSIDE PROVIDER FACILITY USE AGREEMENT This agreement, made this day of 20 , by the City of Milton ("City„) and /`., 7-)r , 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 a youth sports program (organized league play), to wit BOYS YOUTH LACROSSE LEAGUES, CAMPS, AND CLINICS as a service for the City in accordance with applicable policies and procedures for youth 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: BELL MEMORIAL PARK, COX ROAD ATHLETIC COMPLEX, HOPEWELL MIDDLE SCHOOL AND COGBURN WOODS ELEMENTARY 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 PROVIDER is authorized to use the facilities at the following dates and times: WEEKDAYS: FROM -j AM/fq TO AM/OA SATURDAYS: FROM � A�/PM TO _AM/N SUNDAYS: FROM V/0 TO AM/� 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. 26 4. In consideration for the usage of 'the facilities, the PROVIDER agrees to a direct payment to the City of 15%a commission on all registration fees and 100% of all applicable non-resident fees. 5. 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. 6. 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 (Exhibit A). 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 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 certificand training requirements set forth in Exhibit B. INITIALED: 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. 1 l . 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. The PROVIDER agrees that it i� 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 agreement, any notices required to be sent to the parties shall be mailed,to the following respective addresses: PROVIDER NAME: � :AN, ADDRESS: CITY/STATE/ZIP: A [aw.4�O- , Y�)00i PHONE: t /!6 JA / WEBSITE: W+vJLJ . 0 Y-` V,\- ,rae,,r,-, re,-._ EMAIL: CITY: City of Milton Parks and Recreation Department Attn: Parks and Recreation Manager 2006 Heritage Walk Milton, GA 30004 678-242-2519 www.cit ofmilton a. s Tom.McKlveen@cit o Imiltonaa.us 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 29 PROVIDER has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 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 c Cher provision of this Agreement. In the event of any conflict among th� 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 to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of PROVIDER. Prior to exercising this right of termination, 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 deficiency, 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 any time for convenience upon thirty (30) days written notice to the other party. I hereby acknowledge and understandthat the PROVIDER, which I am authorized to represent, will abide by and comply ith 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. I understand that failure of the PROVIDER or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. PROVIDER: By: i l� President Name: Allcil (Typed or Printed) Date: i I/ /I % aC' Attest: PROVIDER Secretary Name: (Typed or Printed) Date: CITY: [AFFIX CORPORATE SEAL] EXHIBIT A 31 By: Steve Krokoff, City of Milton Date: City Manager Ratified by City Council: By: Joe Lockwood Mayor, City of Milton Date: This exhibit to be modified on a ase -by case basis to reflect the varying nature of advanced level teams in diff rent 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: 32 EXHIBIT B [This exhibit to be modified on a case -b -case basis to reflect the varying nature of coaching certifications in different sp rts.] PROVIDER 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 cert fication 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 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. S P O RT: i ---i ACCEPTABLE COACHING CERTIFICATIONS: 33 1111 d1J1 II11111LTl "1I1I11 KHEGE 1 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 11712019 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 SL ch endorsement(s). PRODUCER Bitner-Henry Insurance Agency, Inc 401 E Antietam St, Ste B Hagerstown, MD 21740 CONTACT NAME: PHONE FAX (A/c, No, Ert): (800) 231-9963 (AIc, No):(888) 739-1233 ADMpA1L . service@bitnerhenry.com INSURERS AFFORDING COVERAGE NAIC # X INSURER A: Brotherhood Mutual insurance 13528 10MEA0321804 INSURED INSURER 8: INSURERC: New Town Recreation, Inc INSURER D: 3000 Old Alabama Road #200 Johns Creek, GA 30022 INSURER E : INSURER F : COVERAGES CFRTIFICATF NIIMRFR• RFVICInN NI IMRF=a• ------------- 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 PEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF MI DIYYYYI POLICY EXP (MM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [X] OCCUR X 10MEA0321804 7/14/2018 7/14/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED occurrence)$ 300,000 MED EXP (Any oneperson) 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1-1 PzRp F] LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG 3,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT accident) $ BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS AUTOS ONLY AUUTOS ONE Peer a..dentDAMAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? F—] (Mandatory in NH) If yes, describe under N1A TUTE ER EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Milton is named as an additional insure on this policy in relation to use of facilities. 1 C City of Milton 2006 Heritage Walk Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE AL:UKU Z5 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and Rush Union, Inc. to Provide Adult Soccer Programming. 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: __________ X February 17, 2021 X X X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on February 9, 2021 for the February 17, 2021 Regular Council Meeting Agenda Item: Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and Rush Union, Inc. to Provide Adult Soccer Programming. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of the Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Rush Union, Inc. Executive Summary: Rush Union, Inc. is a private, Milton based soccer club. Through this proposed contract, they will provide the City with an adult soccer program. They will host this program at the Cox Road Athletic Complex and Bell Memorial Park. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another adult soccer 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 Rush Union, Inc. PARKS AND RECREATION 2021 CITY OF MILTON PARKS &RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS & FACILITY USE AGREEMENT Rush Union 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 RUSH UNION hereinafter referred to as "PROVIDERi'. 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 Service$ and Responsibilities 1.1 PROVIDER shall conduct services generally described as ADULT SOCCER LEAGUE at the following locations: COX ROAD ATHLETIC COMPLEX & BELL MEMORIAL PARK. 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 1.7 The PROVIDER agrees that it shall e solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the some ki d 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 anyromotional 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 on-site 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. 3 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by and for all of the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that ill 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. 4 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 registratial,n will result in an administrative review of the program and PROVIDER. 1.24 The PROVIDER is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team dislaces a single recreation -level participant or team and the advanced level teams must be mage 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 5 Spring Summer Winter Fall Ideal Capacity 250 200 200 250 Previous Season Participation 180 Growth Goal for Season 200 100 100 200 1.24 The PROVIDER is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team dislaces a single recreation -level participant or team and the advanced level teams must be mage 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 5 website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): 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 ield 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 ac ual conditions on the field remain unsafe. Failure to adhere to this requirement could result in; the termination of the Facility Use Agreement. If the lightning detection system fails to opeI�ate or if there is any question about safety notwithstanding the apparent operation of he 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 sk II 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 con lict 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 is/her designee. Before any action shall be taken by the PROVIDER to implement the substantial change, the PROVIDER may be required to prepare a written proposal 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 (ifany); 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 or 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 7 Records request responses shall be emailed o the Director of Parks & Recreation or his designee (if specified in the communication relaying �he request). LE 2.0 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all app icable laws. PROVIDER shall coordinate storage of equipment with the principal of the school located at the facility, if applicable. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity, and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be cancelled, and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted some as being safe and suitable for the use intended. 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; E:1 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 controlle rs are properly secured in the storage closet. ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the inimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 n andAetht 4.1 In consideration of the City authorize g the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish thE services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 85% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge (capped at a maximum of $90.00) is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "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 0 PROVIDER must obtain written approval froim the Director of Parks and Recreation prior to the event where a team registration fee will be collected. ARTICLE 5.0 5.1 This Agreement does not createn employee/employer relationship between the Parties. It is the intent of the Parties that th�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, includir g but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 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. 10 6.3 Insurance shall be in force until the the Agreement are satisfied. In the event tf• insurance shall terminate and lapse during 1 PROVIDER shall furnish, at least thirty (30) insurance, a renewed Certificate of Insura balance of the period of the Agreement a shall not provide any service pursuant to thi full force and effect. ligations required to be fulfilled under the terms of e insurance certificate provided indicated that the 'ie period of this Agreement, then in that event, the days prior to the expiration of the date of such ice as proof that equal and like coverage for the id extension thereunder is in effect. The PROVIDER Agreement unless all required insurance remains in 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 folio ing 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 Ci�y of MILTON as an additional insured on its General Liability policy. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Program has been operating in the City, whichever is less. The policy must include the City as an additional insured. 11 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insu ance requirements provided herein, including but not limited to naming the CITY as an additic nal insured. A 7.1 After a two (2) month trial period, and the remainder of this Agreement will effect. If at any time after the two (2) mon the required minimum, the PROVIDER will i the required minimum. The programs will period, at which time the CITY may termin not been met or the CITY is otherwise unsal LE 7.0 e programs will be evaluated by the DEPARTMENT, either be terminated or continue in full force and h evaluation, program enrollment should fall below e allotted four (4) weeks to bring enrollment up to be reevaluated at the close of this four (4) week ite this Agreement if the requirements herein have ;fled 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 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, 12 commissions, employees, representatives (individually an "Indemnified Party" and coll any and all claims, suits, actions, judgmei liability of any kind whatsoever, including b� costs of defense ("Liabilities"), which may a or tortious conduct arising out of the perfoi by the PROVIDER, any subcontractor, anyo or subcontractor or anyone for whose ac regardless of whether or not the act or c hereunder. This indemnity obligation does r sole negligence of an Indemnified Party. abridge, or otherwise reduce any other rigl• exist as to any party or person described Indemnified Party by any employee of th, indirectly employed by the PROVIDER or sulr or subcontractor may be liable, the indemn be limited in any way by any limitation on benefits payable by or for the PROVIDER c compensation acts, disability benefit acts o consultants, servants, agents and volunteers actively the "Indemnified Parties") from and against its, injuries, damages, losses, costs, expenses and it not limited to attorney's fees, paralegal fees, and ise from or be the result of alleged willful, negligent mance of services described herein, or operations )e directly or indirectly employed by the PROVIDER Is the PROVIDER or subcontractor may be liable, mission is caused in part by a party indemnified got include Liabilities caused by or resulting from the >uch obligation shall not be construed to negate, t or obligation of indemnity which would otherwise n this provision. In any and all claims against an PROVIDER, its subcontractor, anyone directly or contractor or anyone for whose acts the PROVIDER fication obligation set forth in this provision shall not he amount or type of damages, compensation or r any subcontractor under workers' or workmen's other employee benefit acts. 8.2 The Parties understand and agree th t the covenants and representations relating to this indemnification provision shall survive the tem of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans with Disabilities Act: Nondiscrimination 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 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 -d y activities ofe program shall be exchanged between TOM MCKLVEEN for the CITY and ,-kL Ikc (- 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 14 delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested,' or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Tom McKlveen Parks and Recreation Manager, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: t' -t 2" 1 (�i2u,a(s�tAm ttWi M► L-TI-14 G7 -at Zu T 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 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 "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to 15 provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee-numoer category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event' PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 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 16 any delay in such performance due to: (a) Jany cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PR VIDER: (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal tot e period of delay caused by such acts, and all other obligations shall remain intact. 10.17 Hosting of camps and tournaments involving participants from outside the PROVIDER'S own program along with participants in the PROVIDER'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 tournarnenfs at the parks at least thirty (30) days prior the proposed event. Field or facility rental fees nd staff fees may be applicable for these types of events as determined by the Director or is/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 ap licable, 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) CI Y: BY JOE LOCKWOOD, MAYOR PR VIDER: Print: k L— t -A l-4 C-1, Its: (circle one) - Presi t�'� Ie resident (Corporation) - General Par � Partnership/Limited Partnership) er/Manager (LLC) [CORPORATE SEAL] (required if corporation I:1 EXHI6IT "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 ermit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to Cischarge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city arks 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 pers n 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 o 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 smo e in the park. (o) Speed limit. It shall be unlawful for any person t operate a motorized vehicle upon any road within a park in the city at a greater speed than 1 Tmiles 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. 22 4. Program representatives are responsible to rep rt any and all suspicious activity occurring on City property to the Department and/or to the City s Department of Public Safety, 5. The Department reserves the right to cancel a y 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 boa ds etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every �ffort 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 c ny 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 LE SH 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 1) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2519 or Tom.MCKIveen@cityofmiltonga.us 23 EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifis its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the f�deral work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordancei 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: r / N/A eVerify Number Date of Authorization Name of Contractor Name of Project City of Milton, GA Name of Public Employer rrn ` 24 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 0 F4 -""''r 3Z2-, if(, 2021 in C> 2� ham' , (city), 6-4 (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSQ JRIBED AND SWORN BEFORE ME ON THIS THE 1-6 Y OF &- 2020 . N?VR PUBLIC [NOTARY SEAL) My Commission Expires: 41W 0019-- OUTSIDE PROVIDER FACILITY USE AGREEMENT This agreement, made this of Milton ("City") and _w-�-kSM LA -J k, "PROVIDER." Witnesseth: In consideration of the mutual a City and PROVIDER agree as follows: ay of _ 2Q , by the City the ments contained in this document, the The PROVIDER agrees to provide p youth sports program (organized league play), to wit ADULT SOCCER LEAGUIE as a service for the City in accordance with applicable policies and (procedures for youth 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: COX ROAD ATHLETIC COMPLEX & BELL MEMORIAL PARK 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—S _AM(CPIv TO AM/ 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. 26 4. In consideration for the usage of the facilities, the PROVIDER agrees to a direct payment to the City of =, commission on all registration fees and 100% of all applicable non-resident fees. 5. 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 databaseTwIill be used for the purpose of the City conducting an end of season gZity 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. 6. 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 (Exhibit A). 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 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:.� ;�A 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 27 understand and agree that the c this indemnification provision shal continue in full force and effect. )venants and representations relating to survive the term of this Agreement and 12. It is the understanding of the City Cndfhe 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 ane ployee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under t is Agreement and not a City employee for all purposes, including but n t limited to, the application of the Fair Labor Standards Act minimum age 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 agrees that it is a separate and independent enterprise from the City, that it had full opp rtunity 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 agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: PROVIDER NAME: au. f-� /-,AC1 L H c rJ Aq. ADDRESS: � k� -v�:,t -� CS k -Z.,& -� CITY/STATE/ZIP: t: 3"`' `-f PHONE: L'�y 4 "� K6 L+(-� ( WEBSITE: EMAIL: n�2nm e (p� SI -C --C- Q.T . O r rirL'-Sk- ec" CITY: City of Milton Parks and Recreation Department Attn: Parks and Recreation Manager 2006 Heritage Walk Milton, GA 30004 678-242-2519 www.cityofmiltonga.us Tom.McKlveen@cityofmiltonaa.us a.us 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 WE PROVIDER has received and revi wed) or as may be duly adopted by the City during the term of this Agreement. 20. The PROVIDER will adhere to fee �olicies 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 consen 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 Dy 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 provi ion of the Agreement. The invalidity or unenforceability of any provisio of this Agreement shall not affect the validity or enforceability of any Cher provision of this Agreement. In the event of any conflict among th 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 30 terminate the Agreement by providing written notice of termination to PROVIDER. PROVIDER shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of PROVIDER. Prior to exercising this right of termination, 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 deficiency, 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 any time for convenience upon thirty (30) days written notice 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 the 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 Agreement with the City. PROVIDER: By. President Name: CA tl L &A, �.f ng (Typed or Printed) � VDate: "i �2 v `Z c> 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: EX IBIT A This exhibit to be modified on a case-by-case basis to reflect the varying nature of advanced level teams in different s orts. 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 mus be held prior to advanced level team formation. Players are not gu' ranteed 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. k/l_ INITIALED: � ' 32 [This exhibit to be modified on a case-by-case basis to reflect the varying nature of coaching certifications in different sports.) PROVIDER 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 Chejerleading Association. 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. 11 SPORT: ACCEPTABLE COACHING CERTIFICATIONS: N / ,A 33 EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] Rush Union Soccer RE: City of Milton Adult Soccer League Program description and registration breakdown: Program Description Registration Fees Adult (18+): "70 League" $66.00/per player 8-10 Week Session. One game per week played in a 7v7 format. Teams provide their own 11 Players minimum per team uniforms Adult (18+): "11v11 League" $66.00/per player 8-10 Week Session. One game per week played in a 11v11 format. Teams provide their own 15 Players minimum per team I uniforms Season Length: Winter League: December -February Spring League: March -May Summer League: June -August Fall League: September -November DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 02/03/2021 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 poli y(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the p licy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Monica Roberts NAME: JONATHAN ROBERTS INSURANCE AGENCY PHONE(770) 213-3230 FAX (404 393-7490 A/C No. o Ext): AIC No): ) 111 Mountain Brook Drive ADDRIEss: COI@AgentRoberts.com Suite 200 INSURER(S) AFFORDING COVERAGE NAIC # Canton GA 30115 INSURERA: The Burlington Insurance Company 23620 INSURED INSURER B : Great American Insurance Company 16691 Rush Union Soccer, Inc. INSURER C: 14295 Birmingham Highway INSURER D: I IIV JDKEK t Alpharetta GA 30004 INSURER F: COVERAGES CFRTIPIr:ATF IJIIUPCD- CI 91930097 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 ADDLISUBRI INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 Fx_] CLAIMS -MADE OCCUR PREMISESEaoR urrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 A Y 023B103338 06/17/2020 06/17/2021 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 3,000,000 X ❑ JEo F_� POLICY LOC PRODUCTS - COMP/OPAGG $ INCLUDED $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS PROPERTY DAMAGE ONLY AUTOS ONLY Per accident $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ EXCESS LIAB AGGREGATE $ DED I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory b Nnd If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DIRECTORS & OFFICERS GENERAL AGGREGATE 1,000,000 B EPPE451579 10/07/2020 10/07/2021 EACH OCCURENCE 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk AUTHORIZED REPRESENTATIVE Milton GA 30004 V 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and Uniquely Fitt to Provide Youth and Adult Fitness and Wellness Programming. 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: __________ X February 17, 2021 X X X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on February 9, 2021 for the February 17, 2021 Regular Council Meeting Agenda Item: Approval of an Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Uniquely Fitt to Provide Youth and Adult Fitness and Wellness Programming. ____________________________________________________________________________ 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 Uniquely Fitt. Executive Summary: Uniquely Fitt will provide the city youth and adult fitness programming. This program will offer a variety of fitness classes Bethwell Community Center, Bell Memorial Park, Broadwell Pavilion & Community Place. 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 Uniquely Fitt. MILTON PARKS AND RECREATION 2021 CITY OF MILTON PARKS &RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS & FACILITY USE AGREEMENT Uniquely Fitt 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 UNIQUELY FITT 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 FITNESS CLASSES at the following locations: BETHWELL COMMUNITY CENTER, BELL MEMORIAL PARK BROADWELL PAVILION & COMMUNITY PLACE. 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 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the 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 on-site 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. 3 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by and for all of the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their coaches and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY 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. H 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. 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 5 Spring Summer Fall Winter Ideal Capacity 12 per class 12 per class 12 per class 12 per class Previous Season Participation Growth Goal for Season 5 5 8 8 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 5 website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): https://www.cityofmiltonaa.us/parks-recreation/athletics/ Bell Memorial Park For the safety of all, the City of Milton uses a lightning detection system located on the roof of the maintenance building (beyond center field of field 5) to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to 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. 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 action shall be taken by the PROVIDER to implement the substantial change, the PROVIDER may be required to prepare a written proposal 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 or 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 7 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 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 Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program 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. 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. 10 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. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Program has been operating in the City, whichever is less. The policy must include the City as an additional insured. 11 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 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, 12 commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans with Disabilities Act; Nondiscrimination 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ( "ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 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 -d y acties of the program shall be exchanged between TOM MCKLVEEN for the CITY and �, for the PROVIDER. All other notices, requests, demands, writings, or correspond nce, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally 14 delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Tom McKlveen Parks and Recreation Manager, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: r 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 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to 15 provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 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 sections) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 10.16 Neither the CITY nor PROVIDER shall be liable for its respective non -negligent or non - willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for 16 any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 10.17 Hosting of camps and tournaments involving participants from outside the PROVIDER'S own program along with participants in the PROVIDER'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 Agreement will authorize the PROVIDER'S own use only. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual Facility Use Agreement. 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 - President/Vice President (Corporation) - General Partner (Partnership/ Limited Partnership) Member/Manager (LLC) [CORPORATE SEAL] (required if corporation IM EXHI IT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] r'vS C\G.Ssd�> %to �� � 0 .V�\ r � ��,nce- c-c)Lr&gyp s r- c� cc, I acc,�a-�c ,`L-\ acc"-ss '�c'��� � be csh� 0 ecx�c fN G `c��� c� Sty or r ckr �` r�� �xti��b��� � ���� � ��� �� �� ���� _ � SSI �� � c�5 �c�c� C��p 1 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 to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "in accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25- 10-1 (a) (1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or 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. 22 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. 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 1) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2519 or Tom.McKIveen@cityofmiltonga.us 23 EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contri that the individual, firm, or corporation which is e Milton has registered with, is authorized to use a Verify, or any subsequent replacement program, i O.C.G.A. § 13-10-91. Furthermore, the undersigns throughout the contract period and the undersi( satisfaction of such contract only with subcontr required by O.C.G.A. § 13-10-91(b). )r ve(ifiE s its compliance with O.C.G.A. § 13-10-91, stating affirmatively )ged in the physical performance of services on behalf of the City of uses tho federal work authorization program commonly known as E- ::corda ce with the applicable provisions and deadlines established in ;ontract r will continue to use the federal work authorization program U contr ctor will contract for the physical performance of services in ors wh present an affidavit to the contractor with the information Contractor hereby attests that its federal work a thoriza follows: - M Ih I� eVerify Number Date of Authorization Name of Contractor Name of Project City of Milton, GA Name of Public Employer user identification number and date of authorization are as I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on De ( , 0?)n ` A� (city), te). Si4figturg oFAutJlorized Officer gr Agent Nar9f and Title of-AufhoTTed Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE Z? -"O DAY OF"peCt^k:, r 2020 . NOTAgp i G 'Oueoo My Commission Expires: J I OUTSIDE PROVIDER FACILITY USE AGREEMENT This agreement, made this d of Milton ("City") and \, "PROVIDER." Witnesseth: f 20 , by the City C _ the In consideration of the mutual agreements contained in this document, the City and PROVIDER agree as follows: 1. The PROVIDER agrees to provide a youth sports program (organized league play), to wit FITNESS CLASSES as a service for the City in accordance with applicable policies and procedures for youth 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, BELL MEMORIAL PARK, BROADWELL PAVILION & COMMUNITY PLACE 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 J 6/PMTO W AM/(1 1 SATURDAYS: FROM _O/PM TO r C✓; AM/F(5 SUNDAYS: FROM UM PM TO AM/ NSI 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. 26 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. 5. 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. 6. 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 (Exhibit A). 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 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 certificat' a d training requirements set forth in Exhibit B. INITIALED: 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 27 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. 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. 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. 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 agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: PROVI ADDR CITY/S PHON W EBSI- EMAIL CITY: Attn: Parks and Recreation Manager 2006 Heritage Walk Milton, GA 30004 678-242-2519 www.cityofmiltonga.us Tom.McKlveen@cityofmiltonga.us 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 29 PROVIDER has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 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 30 terminate the Agreement by providing written notice of termination to PROVIDER. PROVIDER shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of PROVIDER. Prior to exercising this right of termination, 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 deficiency, 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 any time for convenience upon thirty (30) days written notice 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 the 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 Agreement with the City. PROVIDER: By PrE Nc (Ty 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: EXHI IT A This exhibit to be modified on a case-bycase 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: 32 EXH BIT B [This exhibit to be modified on a case -b -case basis to reflect the varying nature of coaching certifications in different sp rts.1 PROVIDER 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 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: ACCEPTABLE COACHING CERTIFICATIONS: CA -)-1 I N- V) N 33 PRODUCER Maguire Insurance Agency, Inc. FWI I Bala Piz Ste SOD Bala Cynwyd, PA 19004-1401 610.617.7900 INSURED Haley Poinsette 1410 Harbor Pointe Pkwy Sandy Springs, GA 303SQ COVERAGES I DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 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. ERS AFFORDING COVERAGE NAIL A: Philadelphia Indemnity insurance Company 18058 B: D: E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 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 POLICES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDYCEP BY P AID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUM ER DATE (MM/DD/YYYY) DATE (MMJDD/riri) LIMITS A X GENERAL LIABILITY % COMMERCIAL GENERAL LIABILITY PHPK22187 01/ 5/2021 01/15/2022 '_ EACH OCCURENCE $1,000'Wo PREMISES (Ea occurrence) $100,000 MED EXP (Arty one person) _ _ S2,5W CLAIMS MADE X OCCUR % PROFESSIONAL LIABILITY PERSONAL & ADV INJURY 51.000.000 GENERAL AGGREGATE $3,000,000 PRODUCTS-COMP/OP AGG $3,000,000 GENT AGGREGATE LIMIT APPLIES PER: X I POUCY I I PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (EA accident) ALL OWNED AUTOS BODILYINJURY SCHEDULED AUTOS (Per person) BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE - (Per accident) GARAGE LIABILITY AUTO ONLY -EAACCIDENT OTHER THAN EA ACL ANY AUTO AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURENCE OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION WORKERS COMP - EMPLOYERS' LIABILITY Y N TORY LIMITS ER ANY PROPRIETOR /PARTNER) EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L EACH ACCIDENT (Mandatory In NH) E.L DISEASE-EAAMPLOYEE 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 follownng entity,s added as an additional insured but only with respects) 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) O 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 20 DAYS WRITTEN NOTICE TO THE 2006 Heritage Way CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR Milton, GA 30004- LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 4- ACORD 25 (2009/01) O 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: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement for Outside Providers & Facility Use Agreement Between The City of Milton and Starr Petronella Photography, LLC, d/b/a Capture Your Light to Provide Recreation Photography Classes. 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: __________ X X X February 17, 2021 X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on February 10, 2021 for the February 17, 2021 Regular Council Meeting Agenda Item: Approval of an Agreement for Outside Providers & Facility Use Agreement between The City of Milton and Starr Petronella Photography, LLC, d/b/a Capture Your Light to Provide Recreation Photography 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 Starr Petronella Photography, LLC. Executive Summary: Starr Petronella Photography, d/b/a Capture Your Light will offer classes, workshops, and photography centered children’s camps to the residents of the City of Milton. All classes and workshops will take place at Community Place, Bethwell Community Center and various City of Milton Parks. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City for all programming offered at City facilities. Alternatives: If this contract is not approved, we will have to research to find another photography 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 Starr Petronella Photography, LLC. MILTON% PARKS AND RECREATION 2021 CITY OF MILTON PARKS &RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS & FACILITY USE AGREEMENT Starr Petronella Photography, LLC THIS IS AN AGREEMENT, made this day of 202_1 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 STARR PETRONELLA PHOTOGRAPHY, 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 YOUTH & ADULT PHTOGRAPHY LESSONS CLASSES AND CAMPS at the following locations: BETHWELL COMMUNITY CENTER & COMMUNITY PLACE. 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 bepaid 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 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-Oxclusive Agreement between the Parties. The CITY shall have the right to purchase the some kind of services to be provided by the PROVIDER from other sources during the term of this Agreeryhent. 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 t6the 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/faciiity 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 on-site 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. 3 1.17 If the PROVIDER will be providing ser'Ivices directly with minor children without parental supervision, the PROVIDER shall, prior to cornmencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by and for all of the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.18 It is the responsibility of the PROVIDER tlo 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. 4 1.23 The PROVIDER agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of parti ipants is identified below. PROVIDERs shall strive to grow to the ideal capacity and maintain hat 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. 1.24 The PROVIDER is permitted multipl 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 mace up of at least 50% City of Milton residents. Tryouts must be open to all, advertised in the app opriate 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 Spring Summer Winter Fall Ideal Capacity Previous Season Participation Growth Goal for Season 1 � �>S 1010 01 lJ 0 1 0 1.24 The PROVIDER is permitted multipl 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 mace up of at least 50% City of Milton residents. Tryouts must be open to all, advertised in the app opriate 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 guaran in updating may occur): fmilton Bell Memorial Park the website will updated in real time, as delays 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 acf6al conditions on the field remain unsafe. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. If the lightning detection system fails to operate or if there is any question about safety notwithstanding the apparent operation of f1he 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 lightninglor 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. 0 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 followin: • Addition/elimination of any age or sk II 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 PRAiB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the PROVIDER to implement the substantial change, the PROVIDER may be required to prepare a written proposal 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'Ifor 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 or 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 7 Records request responses shall be emailed t� 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, iwhich other appropriate items such as gifts and food/drink may be sold. Fundraising activiti s 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; ON 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 Sizq 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 Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish theservices pursuant to the terms of this Agreement, including but not limited to the releases ani indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 85% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge (capped at a maximum of $90.00) is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "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 0 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 Secy rity Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Thi State Workers Compensation Act, and the State unemployment insurance law. The PROVID�ying shall retain sole and absolute discretion in the judgment of the manner and means of ca out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is 6 separate and independent enterprise from the CITY, that it had full opportunity to find othe(business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 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. 10 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 t e 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 I'Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurancmust 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 - eneral aggregate $1,000,000 Personal Injury PROVIDER shall have its insurer name the Cit of MILTON as an additional insured on its General Liability policy. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractors) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Program has been operating in the City, whichever is less. The policy must include the City as an additional insured. 11 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 additio al insured. ARTICLE 7.0 Term and Tgrmination 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 e reevaluated at the close of this four (4) week period, at which time the CITY may termina-e this Agreement if the requirements herein have not been met or the CITY is otherwise unsatis'ied 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 ntil December 31, 2021, unless terminated sooner as provided in this Article. Renewal of this Ag eement beyond said term shall require the mutual written agreement of the CITY and PROVIDE . 7.3 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 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, 12 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 ari'�e 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 aission the PROVIDER or subcontractor may be liable, regardless of whether or not the act or 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 righ I or obligation of indemnity which would otherwise exist as to any party or person described ii� 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 te 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 tha the covenants and representations relating to this indemnification provision shall survive the terim of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans with Disabilities Act; Nondiscrimination 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 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 ARTICL� 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 a ignable, 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 tUd ny approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, the CITY shall have no obligation to them. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PROVIDER agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representative (s) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. All communications relating to the day-to-day activities of thero rim shall be exchanged between TOM MCKLVEEN for the CITY and Mi.k o ifie PROVIDER. All other notices, requests, demands, writings, or correspon ence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally 14 delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Tom McKlveen Parks and Recreation Manager, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: 1M O r ' vx SV r f Aje__ 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 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to 15 provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indictation of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition �o the requirements of State and federal law and shall be construed to be in conformity with t ose laws. 10.12 PROVIDER represents that it has revieved 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 16 any delay in such performance due to: (a) �ny cause beyond its respective reasonable control, (b) any act of God, (c) any change in applicable governmental rules or regulations rendering the performance of any portion o this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In 'such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 10.17 Hosting of camps and tournaments involving participants from outside the PROVIDER'S own program along with participants in the ROVIDER'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 Agreement will authorize the PROVIDER'S own use only. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual Facility Use Agreement. 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: NO. LOCKWOOD, MAYOR rrt vivgrt: Von, Print: V\tiorv-x%,A S��Ar� r�LkrCok_\\A Its: (circle one) - Pr sident/Vice President (Corporation) - General Partner Par ership/Limited Partnership) - nagearC) [CORPORATE SEAL] (required if corporation 18 Starr Petronella Photography, LLC Starr Petronella & Amanda Gardner 404-642-6156 & 404-545-5919 Exhibit A Feb 10, 2020 OVERVIEW We will offer introduction to photography classes photography workshops & photography centered children's camps to the residents of the City of Milton. All classes and workshops will take place in downtown Milton. GOALS 1. To provide an opportunity to the residents of the City of Milton to learn the basics of taking photographs with a digital camera or cell phone. 2. Create a summer camp hands-on learning experience for tweens and teens to learn about, develop skills, and practice photography knowledge in a fun, creative environment. SPECIFICATIONS • Intro and advanced photography classes will be offered once each quarter. There will be evening classes that either are 3-4 weeks or an occasional workshop that will be conducted in the evening, weekday or weekend. These classes are designed for individuals who want to learn the basic skills of working a digital camera, to learning advanced creative techniques with photography. • Workshops will highlight various photography specific techniques. The purpose of these are to help offer further assistance in one specific area of expertise relating to the skills and knowledge of photography. These classes tend to run between 2-4 hours depending on the content of the workshop. • Summer Camp Experience is a 5 day/half day event that will be open to tweens and teens. The camp will be open to beginner -advanced skilled students. The camp will review basic introduction to digital photography knowledge, creative composition, various photo developing and displaying techniques. The week will end with a small "art show" of the students' work that will be displayed for parents and guardians to attend. CLASS & CAMP ATTENDANCE PHOTO CLASSES The desired amount of attendees for the weekly classes is 12. The minimum is 5 students. SUMMER CAMP The desired amount of attendees for camp would Ibe 20. The minimum is 10. EXHIB T "C" City of Milton Parks Ordinanc s & Park/Facility Regulations CITY OF MILTON PARKS ORDINANCES Programs are responsible for adherence to all City :ind 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 p rmit 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 Leverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to d scharge any firearm within the city parks in accordance with the authority vested in the city b 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)(]), 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 are prohibited on athletic fields, unless written pen manager or the recreation and parks director. responsible for the disposal of pet waste. All pets ission for such has been authorized by the city (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 arty person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased Ito the city. (1) Posting signs. It shall be unlawful for any person t 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 fhE 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. 22 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. 5. The Department reserves the right to cancel an 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 mariner. 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 7rones 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 1) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department - 678-242-2519 or Tom.MCKlveen@cityofmiltonaa.us 23 EXHIB T "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifiE that the individual, firm, or corporation which is engaged in Milton has registered with, is authorized to use and uses the fe or any subsequent replacement program, in accordance O.C.G.A. § 13-10-91. Furthermore, the undersigned contracl throughout the contract period and the undersigned contri satisfaction of such contract only with subcontractors who prE by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization follows: eVerify Number Date of Authorization M Q( "% y% PA r (— --Q R7^4eA Name of C rrractor Name of Project City of Milton, GA Name of Public Employer 24 its compliance with O.C.G.A. § 13-10-91, stating affirmatively ie physical performance of services on behalf of the City of Dral work authorization program commonly known as E -Verify, rith the applicable provisions and deadlines established in will continue to use the federal work authorization program :tor will contract for the physical performance of services in ;nt an affidavit to the contractor with the information required identification number and date of authorization are as I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on k , :*?7 202 1 in VVA 'krNa(city), state). Signature of Authorized Officer or Agent Printed Name nd Title of Authorized Officer or Agent SUBSCRIBED AND WORN BEFORE ME ON THIS THE 7 DAY OF i ,202/. NOT RY :P -rt ' pO 81-�G• � •� C7 16, My Commission Expires: D67. 202 OUTSIDE PROVIDER FACILITY USE AGREEMENT This agreement, made this day of 20 , by the City of Milton ("City") and the "PROVIDER." Witnesseth: In consideration of the mutual agreements contained in this document, the City and PROVIDER agree as follows: 1. The PROVIDER agrees to provide 0 youth sports program (organized league play), to wit YOUTH & ADULT PHTO RAPHY LESSONS CLASSES AND CAMPS as a service for the City in accordance with applicable policies and procedures for youth sports providers operatin 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 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 8:00 AM/PM TO 10:00 AM/PM SATURDAYS: FROM 8:00 AM/PM TO 10:00 AM/PM SUNDAYS: FROM 8:00 AM/PM TO 10:00 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. 26 4. In consideration for the usage of Ithe facilities, the PROVIDER agrees to a direct payment to the City of l o commission on all registration fees and 100% of all applicable non-residerit fees. 5. The PROVIDER agrees that it will rovide 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 750 of the survey responses. 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 advanced level team displaces a single recreation -level participant or to m and the advanced level teams must be made up of at least 50% City o Milton residents (Exhibit A). Tryouts must be open to all, advertised in theppropriate 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 arA training requirements set forth in Exhibit B. INITIALED: YVI 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. 1 l . 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 27 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. 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 th�s Agreement and not a City employee for all purposes, including but nod 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 provi ions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. 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. 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 agreement an notices required to be sent to the p p g Y q parties shall be mailed to the following respective addresses: PROVIDER NAME: +-r- Q f -Ay kkzko Year ADDRI CITY/S PHON WEBSF EMAIL CITY: 2006 Heritage Walk Milton, GA 30004 678-242-2519 www.cityofmiltonga.us Tom.McKlveen@cityofmiltonga.us 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 29 PROVIDER has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 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 consentof 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 matte. 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 o her 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 30 terminate the Agreement by providing written notice of termination to PROVIDER. PROVIDER shall have the right to terminate this Agreement upon failure of City to perform its obligations to toe reasonable satisfaction of PROVIDER. Prior to exercising this right of termination, 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 deficiency, 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 A reement at any time for convenience upon thirty (30) days written notice 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 the 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 Agreement with the City. PROVIDER: Name: fl7r (\, , (, SM r r 01.0—\W (Typed or Printe Date: 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: EXHII�IT A This exhibit to be modified on a case -by- ase 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 whparticipate 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: 32 EXHIBIT B [This exhibit to be modified on a case -b -case basis to reflect the varying nature of coaching certifications in different sp rts.] PROVIDER 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 Ylouth Soccer, Higher Ground, US Lacrosse Association, USA Football, National Cheerleading Association. 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: ACCEPTABLE COACHING CERTIFICATIONS: 33 A�Ro® CERTIFICATE OF LIABILITY INSURANCE Acct#:2246810 DATE (MMIDD/YYYY) 02/09/2021 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 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 su h endorsement(s). PRODUCER Lockton Affinity, LLC P. O. Box 879610 CONTACT NAME: Lockton Affinity, LLC PHONE, Noy 913-652-7599 (AIC.NO Ext): 888-202-1526 FF - Kansas City, MO 64187-9610 ADDREE-MAIL SS: INSURERS AFFORDING COVERAGE NAIC # PGZ-GL-20003701-04 INSURER A: AIX Spec. Ins. Co. 12833 07/01/2021 INSURED Starr Petronella Photography, LLC 1560 Rucker rd NSIIRER B INSURER C INSURER D, Alpharetta, GA 30009 1 INSURER E: INSURER F: 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 INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X PGZ-GL-20003701-04 07/01/2020 07/01/2021 EACH OCCURRENCE $ 1,000,000 Claims Made X Occur DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP (Any oneperson) $5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000.000 X POLICY F PROJEC I LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER AUTOMOBILE LIABILITY Ea accident $ ANY AUTO BODILY INJURY (Per person) $ OWNEDAUTOS ONLY HIRED SCHEDULED AUTOS BODILY INJURY (Per accident) $ AUTOS ONLY NON -OWNED Pr accident) $ AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS - AGGREGATE D I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y /N I PER OTH- STATUTE 0 E.L. EACH ACCIDENT N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is listed as additional insured in regard to General Liability as per written contract. ity of Milton )06 Heritage Walk ilton GA 30004 ACORD 25 (2016/03) 36885190 224681 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 L� �;4 U 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo af1e registered marks of ACORD 2246810 CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing Arbor Day 2021 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: __________ X X February 17, 2021 X Proclamation ARBOR DAY 2021 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, beautify our community, and are a source of joy and spiritual renewal; and WHEREAS, the City of Milton has been recognized as a Tree City USA Community each year since 2009; and WHEREAS, the City of Milton and our citizens are committed to the stewardship of our natural resources; NOW, THEREFORE, we, the Mayor and City Council of the City of Milton hereby recognize and proclaim for the year 2021, February 19th as Arbor Day and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands to make Milton an even greater place to live, work, and raise a family, and FURTHER, we urge all citizens to plant trees to promote the well-being of future generations. Given under my hand and Seal of the City of Milton, Georgia on this _____ day of February, 2021. ____________________________________ Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 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: 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: __________ X X X February 17, 2021 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: 02/10/2021 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: 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: __________ X X X February 17, 2021 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 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. 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. 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 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 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) 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 CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Amend Chapter 2, Article VI, Division 11 and Article VIII, Division 4 of the Code of Ordinances of the City of Milton, Georgia, to Align the Sections with Regards to Conducting Business with City Employees and Officials Submitted on January 26, 2021 for First Read on the February 1, 2021 Regular City Council Meeting and Unfinished Business on the February 17, 2021 Regular City Council Meeting 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: __________ To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on January 26, 2021 for First Read on the February 1, 2021 Regular City Council Meeting and Unfinished Business on the February 17, 2021 Regular City Council Meeting Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Amend Chapter 2, Article VI, Division 11 and Article VIII, Division 4 of the Code of Ordinances of the City of Milton, Georgia, to Align the Sections with Regards to Conducting Business with City Employees and Officials _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: Staff has identified a conflict between the information outlined in Sec. 2 -626(a)(2): Purchasing Functions and that outlined in Sec. 2-848(b)(5) Conflict of Interest Transactions. To align these sections and clarify the city’s policy with regards to conducting business with city employees or officials, the attached revisions are being recommended. By adopting these revisions, the ordinance will make it clear that the city cannot engage in business with city employees or officials except in the very limited circumstances identified in the amended version of Sec. 2-848(b). This will bring the current purchasing policy in line with the ethics policy so there is no conflicting language in the two sections. It is also believed that clarifying these two codes will ensure the city remains compliant with O.C.G.A. § 16-10-6, which, except under narrow exceptions, makes it illegal for an employee or officer of a political subdivision to sell real or personal property to the political subdivision. Alternatives: Other Council directed action. Legal Review: Ken Jarrard, Jarrard & Davis – January 21, 2021 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revisions Exhibit A STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 11 AND ARTICLE VIII, DIVISION 4, OF THE CODE OF THE CITY OF MILTON, GEORGIA, TO ALIGN THE SECTIONS WITH REGARDS TO CONDUCTING BUSINESS WITH CITY EMPLOYEES AND OFFICIALS. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on February 17, 2021 at 6:00 p.m. as follows: SECTION 1 Article VI, Division 11, Sec. 6-626(a)(2) – Purchasing Functions (a) Source selection. Except as provided in this section, all vendor selections shall be made by the purchasing office. When making the vendor selection, the purchasing office will choose the lowest, best, responsible, responsive vendor. It is recognized that exceptional requirements may dictate that the USER is instrumental in selecting vendors. In such cases, it is necessary that this need be transmitted to the purchasing office with sufficient documentation as to the reason for the exception. This must be done in advance of any firm negotiations or commitment with the vendor. (1) In determining where to purchase products and services based on competitive prices and costs incurred in obtaining the purchase, the city sh all purchase locally when all of these requirements are equal. (2) The city shall not make purchases of products or services from city employees or councilmembers or from businesses owned by members of these two groups unless specifically approved by the city council. The city shall have the right to piggyback from other city, county, local authority and board of education contracts if the vendor will extend the same prices, terms, and conditions to the city. This source selection shall only be available where competition was used by the other agency to secure the contract and only for a period of 12 months following entry, renewal or extension of the contract by the other agency. This provision shall not apply for any contract where state law mandates the city utilize its own competitive procurement process. SECTION 2 Article VIII, Division 4, Sec. 2-848 – Conflict of Interest Transactions (a) No city official or employee shall engage in any business or transaction or have a financial or other monetary interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties, except consistent with the disclosure and abstention provisions set forth herein. Additionally, no city official or employee shall vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) The City of Milton shall not enter into any contract involving services or property with a city official or employee or with a business entity in which the city official or an employee has an interest. Provided that the disclosure and abstention provisions se t forth herein are followed, this paragraph shall not apply to the following: (1) The designation of a bank or trust company as a depository for city funds; (2) The borrowing of funds from any bank or lending institution which offers competitive rates for such loans; (3) Contracts entered into with a business which employs a consultant, provided that the consultant's employment with the business is not incompatible with this article; (4) Contracts for services entered into with a business which is the only available source for such goods or services.; and (5) Contracts entered into under circumstances that constitute an emergency situation, provided that a record explaining the emergency is prepared by the council and submitted to the city manager (or his/her equiv alent) to be kept on file. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 11 AND ARTICLE VIII, DIVISION 4, OF THE CODE OF THE CITY OF MILTON, GEORGIA, TO ALIGN THE SECTIONS WITH REGARDS TO CONDUCTING BUSINESS WITH CITY EMPLOYEES AND OFFICIALS. The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 17th day of February 2021 at 6:00 p.m., as follows: WHEREAS, the City has adopted a formal Procurement Policy and Ethics Policy, codified in Chapter 2, Article VI, Division 11 and Article VIII, Division 4 respectively, of the City’s Code of Ordinances; and, WHEREAS, the City desires to revise its Purchasing Policy and its Ethics Policy to modify language to align with each section; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: 1. That Chapter 2, Article VI, Division 11, Sec. 2 -626(a)(2) and Chapter 2, Article VIII, Division 4 of the Code of the City of Milton, Georgia is hereby amended by incorporating the amendments shown in the document attached hereto and incorporated herein by reference as “Exhibit A.” 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. 3. That this Ordinance shall become effective upon its adoption. SO ORDAINED this 17th day of February 2021. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________ Tammy Lowit, City Clerk (Seal) CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution and Ordinance Amending Section 3.22(b)(10) - Powers and Duties of the Mayor and Section 7.18 - Charter Commission of the Charter for the City of Milton, Georgia 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: __________ X X X February 17, 2021 X To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted January 26, 2021for the February 1, 2021 Regular City Council Meeting Agenda Item: Consideration of a Resolution and Ordinance Amending Section 3.22(b)(10) - Powers and Duties of the Mayor and Section 7.18 - Charter Commission of the Charter for the City of Milton, Georgia _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: There are two proposed revisions to the Charter: the first clarifies how council agendas are set and the second addresses the requirement to assemble a Charter commission every 5 years. In Section 3.22(b) – Powers and duties of mayor, we are proposing that internal policies that are duly approved by the mayor and council shall direct the setting of council agendas since something this granular doesn’t seem worthy of being in the Charter. Once this revision is approved, we will be bringing forward an ordinance amendment to Chapter 2, Sec. 2-54 for council consideration during the March 2021 council meetings. Below is what the proposed ordinance amendment will be: Sec. 2-54. - Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting, with the mayor, city manager, city attorney, and the joint request by two council members able to add an item to the agenda. Council agenda items shall be submitted consistent with the agenda order of business in section 2-53. The agenda shall be made available to the city council at least one business day before every city council meeting. (1) Changing the agenda. The order of the agenda may be changed during a meeting by a majority vote of the city council. An item that was not on the published agenda may be added to the agenda by a majority vote of the city council if the item becomes necessary to address during the meeting. An existing item may be removed from the agenda by the majority vote of the city council. Items for consideration by the city council must be placed on city council meeting or work session agendas on or before 5:00 p.m. no less than three working days prior to the scheduled meeting or work session. A late addition to the published agenda shall not be allowed except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requires immediate action to correct or to protect lives and/or property. In Section 7.18 – Charter Commission, we are proposing to revise the language requiring that every 5 years, a Charter commission be assembled. While a recurring look at the Charter is an effective tool for addressing the foundational issues of a new city , there’s a point in which the value diminishes. The previous Charter commissions have served the city well and they’ve done such an impressive job with their review and revisions that we’re concerned we’ve reached the point of diminishing values. The proposed amendment to this section allows for the mayor and council to call for a Charter commission when they deem it necessary. The procedures to amend the Charter as an incident to the city’s home rule power indicate that the council must adopt an ordinance at two consecutive regular council meetings. This will be before the council for consideration at the February 1, 2021 and the February 17, 2021 meetings. Funding and Fiscal Impact: N/A Alternatives: None Legal Review: Ken Jarrard, Jarrard & Davis (1/22/21) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution and Ordinance 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION/ORDINANCE NO. ______ A RESOLUTION AND ORDINANCE AMENDING THE CHARTER FOR THE CITY OF MILTON, GEORGIA WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. § 36 -35-1, et seq.; and WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and WHEREAS, O.C.G.A. § 36-35-3 provides that a municipal corporation may, as an incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A. § 36-35-6; and WHEREAS, the Council desires to amend the Charter of the City of Milton so as to clarify that the meeting agendas prepared by the Mayor shall include all business submitted pursuant to the internal rules of City Council procedures as adopted by the Mayor and Council ; and WHEREAS, the Council additionally desires to amend the Charter of the City of Milton to establish that the Mayor and City Council, when necessary, may call for a Charter Commission to review and make recommendations for any City Charter changes, subject to any limitations that may be imposed by the Mayor and City Council as to which portions of the Charter may be reviewed; and WHEREAS, the modifications provided for in this Resolution and Ordinance may be lawfully completed by home rule; and WHEREAS, O.C.G.A. § 36-35-3 provides that, in order to amend its charter, a municipal corporation must duly adopt ordinances at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; and WHEREAS, pursuant to O.C.G.A. § 36-35-3, a notice, containing a synopsis of the proposed amendment and stating that a copy of the proposed amendment is on file in the office of the City Clerk and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public, shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption; and 2 WHEREAS, pursuant to O.C.G.A. § 36-35-3 a legal ad identifying this Home Rule charter revision was published in the City’s legal organ, The Milton Herald, for the weeks beginning January 25, 2021, January 31, 2021, and February 7, 2021; and WHEREAS, those requirements applicable to amendments to the charter of a municipal corporation by a resolution or ordinance duly adopted by the municipality’s governing authority as set forth in O.C.G.A. § 36-35-3 have been met and satisfied, and, specifically, notice of the consideration of this Resolution and Ordinance has been advertised and this Resolution and Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with O.C.G.A. § 36-35-3; and WHEREAS, in this Resolution and Ordinance, text that is underlined/bolded shall represent additions to the Charter; text that is stricken-through shall represent deletions from the Charter; and WHEREAS, a majority of the Council deems it to be in the best interests of the citizens of the City of Milton that the Act be further amended. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the Charter of the City of Milton shall be amended as follows: Section 3.22 Section 3.22(b) – Powers and Duties of Mayor subparagraph (10) is amended as follows: (b) The mayor shall: (10) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted pursuant to those internal rules of city council procedures duly adopted by the mayor, any councilmember, the city manager, and the city attorney and council; and Section 7.18. Section 7.18 – Charter Commission is amended as follows: At the first regularly scheduled city council meeting in December, 2011, and every 5 years thereafter, the mayor and city council shall call for a Charter commission to review the city's experience and recommend to the General Assembly any changes to the City Charter. The mayor and city council may, when deemed necessary, call for a Charter commission to review the city’s experience and recommend to the General Assembly or city council, as appropriate, any changes to the City Charter. The mayor and city council, when calling for a Charter commission, may provide limitations as to those portions of the Charter that are to be reviewed. Members of the Charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of the City of Milton. All members of the Charter commission must reside in the City of Milton. The commission must complete the recommendations within six months of its creation. 3 SEVERABILITY If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable. REPEALER Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance is hereby repealed. EFFECTIVE DATE This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A. § 36-35-5. ADOPTION AT TWO CONSECUTIVE MEETINGS This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on the 1st day of February, 2021 and the 17th day of February, 2021, as required by O.C.G.A. § 36-35-3. BE IT SO RESOLVED AND ORDAINED, the public’s health, safety, and welfare demanding it, this ___ day of ____________________, 2021, by the Council of the City of Milton, Georgia. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Parks and Recreation Advisory Board by Appointing a Board Member At-Large. 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 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON PARKS AND RECREATION ADVISORY BOARD BY APPOINTING A BOARD MEMBER AT-LARGE. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on February 17, 2021 at 6:00 p.m. as follows: SECTION 1. That Jami Tucker (At-Large) is hereby appointed commencing February 17, 2021 and ending on December 31, 2021; and SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this ______ day of ______________ 2021. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Tammy Lowit, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Persis Biryani Indian Grill, 631 North Main Street, Milton, Georgia 30009 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: __________ X February 17, 2021 X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 8, 2021 for the February 17, 2021 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Persis Biryani Indian Grill, 631 North Main Street, Milton, Georgia 30009 ____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Persis Biryani Indian Grill, for Consumption on Premise of Wine and Malt Beverages and Sunday Sales. Executive Summary: City of Milton Code of Ordinances Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. This application is submitted due to the desire of the establishment to obtain a license for Consumption on Premise of Wine and Malt Beverages and Sunday Sales related to this license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Persis Biryani Indian Grill Contact Name: Sridhar Doddapaneni Business Address: 631 North Main Street, Alpharetta, Georgia 30009 Type of License: Consumption on Premise – Wine and Malt Beverages Sunday Sales – Consumption on Premise Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager