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Agenda Packet - CC - 06/21/2021
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 Monday, June 21, 2021 Regular Council Meeting 6:00 PM INVOCATION – Father Reggie, St. Adian’s Episcopal Church 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. 21-182) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 21, 2021 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) CONSENT AGENDA 1. Approval of the April 12, 2021 City Council Meeting Minutes. (Agenda Item No. 21-183) (Tammy Lowit, City Clerk) 2. Approval of the April 26, 2021 City Council Meeting Minutes. (Agenda Item No. 21-184) (Tammy Lowit, City Clerk) 3. Approval of the Financial Statements and Investment Report for Period 7 – April 2021. (Agenda Item No. 21-185) (Bernadette Harvill, Asst. City Manager) 4. Approval of an Athletic Association Facility Use Agreement Between the City of Milton and North Atlanta Football League. (Agenda Item No. 21-186) (Tom McKlveen, Parks and Recreation Manager) 5. Approval of an Athletic Association Facility Use Agreement Between the City of Milton and Love GOGA, LLC to Provide Goat Yoga and Mindfulness Programming for Youth and Adults. (Agenda Item No. 21-187) (Tom McKlveen, Parks and Recreation Manager) 6. Approval of a Document of Understanding Between the City of Milton and Happy Tails Pet Therapy, Inc. to Provide Animal Assisted Therapy to Camp Joyful Soles. (Agenda Item No. 21-188) (Tom McKlveen, Parks and Recreation Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 21, 2021 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 7. Approval of Subdivision Plats and Revisions. (Agenda Item No. 21-189) (Robert Buscemi, Community Development Director) 7) REPORTS AND PRESENTATION 1. Proclamation Recognizing Ella Katekovich and Jeslyn Guo for their Efforts to Create a Local Opportunity for Glass Recycling in the City of Milton. (Presented by Mayor Joe Lockwood) 2. North Fulton CID Presentation of Proposed Blueprint III (Presented by Kimley-Horn and North Fulton CID) 3. Presentation of Milton’s 2040 Comprehensive Plan Draft. (Robert Buscemi, Community Development Director) 8) FIRST PRESENTATION 9) PUBLIC HEARING 1. Public Hearing Regarding a Resolution to Enact and/or Extend a Moratorium – for 120 Days - on the Acceptance of Alcohol Applications, Building Permit Applications, and Land Disturbance Permit Applications for Farm Wineries in the City of Milton. (Agenda Item No. 21-190) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 21, 2021 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 12) NEW BUSINESS 1. Consideration of a Resolution to Enact and/or Extend a Moratorium – for 120 Days - on the Acceptance of Alcohol Applications, Building Permit Applications, and Land Disturbance Permit Applications for Farm Wineries in the City of Milton. (Agenda Item No. 21-190) (Ken Jarrard, City Attorney) 2. Consideration of an Intergovernmental Agreement for Use and Distribution of Proceeds Generated by the 2021 Transportation Special Purpose Local Option Sales Tax Referendum. (Agenda Item No. 21-191) (Sara Leaders, Acting Public Works Director) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Human Resources 2. Community Development 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 21-192) CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 15, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for Period 7 – April 2021. MEETING DATE: Monday, June 21, 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 June 21, 2021 X To: From: Date: Honorable Mayor and City Council Members Bernadette Harvill, Assistant City Manager Submitted on June 7, 2021 for the June 21, 2021 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 7 – April 2021 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 17.61% over what is anticipated for the seventh period of the fiscal year. Of this 19.97%, 9.53% is attributable to revenues coming in higher than anticipated across several categories. Some of the more notable variances include property taxes ($625,676), motor vehicle taxes ($451,304), local option sales taxes ($229,020), and intangible taxes ($341,422). The remaining 10.44% is attributable to the transfer of $1.65 million from the operating Grant Fund related to CARES Act funding received in FY 2021. These revenues will reimburse the General Fund for FY 2020 expenses associated with the COVID-19 pandemic. A corresponding budget amendment request to recognize the transfer of these grant funds, as well as the other revenues which are coming in higher than anticipated for FY 2021, was approved by Council on May 10, 2021 and will be reflected in the May financials. Total expenditures to-date are $16,524,520 and are 7.73% 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 $16,954,136, capital expenditures-to- date total $4,254,310. 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 April 2021 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 12,081,525 80,667 75,041 5,627 12,650,353 12,024,677 625,676 Motor Vehicle Tax 742,799 155,725 61,472 94,253 820,135 368,831 451,304 Intangible Tax 266,000 86,397 22,158 64,239 474,369 132,947 341,422 Real Estate Transfer Tax 100,000 16,793 8,330 8,463 124,307 49,980 74,327 Franchise Fees 2,174,624 232,202 744,956 (512,754) 1,226,773 1,254,712 (27,939) Local Option Sales Tax 8,775,931 810,150 731,035 79,115 4,761,788 4,532,768 229,020 Alcohol Beverage Excise Tax 300,000 30,972 24,900 6,072 174,810 149,400 25,410 Fireworks Excise Tax 250 - - - - - - Business & Occupation Tax 800,000 106,431 40,000 66,431 758,258 800,000 (41,742) Insurance Premium Tax 2,500,000 - - - - - - Financial Institution Tax 50,000 - - - 49,724 50,000 (276) Penalties & Interest 26,400 7,208 3,316 3,892 34,435 13,513 20,922 Alcohol Beverage Licenses 160,000 194 1,600 (1,406) 172,104 155,200 16,904 Other Non-Business Permits/Licenses 34,000 5,088 2,782 2,306 28,454 19,626 8,829 Zoning & Land Disturbance Permits 58,500 2,385 4,873 (2,488) 50,325 34,111 16,214 Building Permits 350,000 49,622 28,000 21,622 235,606 189,000 46,606 Intergovernmental Revenue 7,500 - - - 1,122 - 1,122 Other Charges for Service 474,210 65,575 42,870 22,705 385,941 292,597 93,344 Municipal Court Fines 400,000 45,647 33,320 12,327 261,860 233,240 28,620 Interest Earnings 84,500 846 7,039 (6,193) 10,126 49,272 (39,146) Contributions & Donations - - - - 1,887 - 1,887 Other Revenue 110,128 24,357 9,382 14,975 133,038 61,726 71,313 Other Financing Sources 15,000 11,878 3,750 8,128 1,664,412 11,250 1,653,162 Total Revenues 29,511,367 1,732,137 1,844,823 (112,686)24,019,826 20,422,850 3,596,977 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 161,081 8,334 9,622 (1,288) 73,931 94,785 (20,853) City Clerk 296,633 17,109 18,722 (1,613) 169,827 190,690 (20,863) City Manager 846,407 46,818 49,203 (2,385) 364,140 376,037 (11,897) General Administration 45,557 2,775 3,006 (232) 30,203 29,511 693 Finance 642,277 34,930 43,100 (8,170) 391,653 417,242 (25,589) Legal 335,000 17,864 27,906 (10,042) 150,356 195,339 (44,983) Information Technology 1,383,409 70,661 103,203 (32,541) 714,702 862,573 (147,871) Human Resources 372,280 23,671 25,683 (2,012) 206,660 226,425 (19,765) Risk Management 265,345 - 1,000 (1,000) 140,844 142,424 (1,580) General Government Buildings 325,126 19,506 19,805 (299) 181,542 201,681 (20,139) Communications 263,418 16,234 19,554 (3,320) 142,023 161,032 (19,010) Community Outreach & Engagement 186,569 12,870 13,445 (576) 97,392 108,130 (10,738) Municipal Court 370,108 19,651 26,376 (6,725) 183,907 196,619 (12,712) Police 5,198,242 374,608 413,379 (38,771) 2,961,910 3,128,614 (166,704) Fire 7,454,408 534,092 576,306 (42,214) 4,131,093 4,378,055 (246,962) Public Works 2,788,578 173,774 250,198 (76,424) 1,268,790 1,506,242 (237,452) Parks & Recreation (Active)1,282,458 70,666 94,622 (23,955) 493,766 641,130 (147,364) Passive Parks/Greenspace 159,574 855 12,912 (12,057) 22,904 91,954 (69,050) Community Development 1,787,047 116,541 131,548 (15,007) 892,116 1,023,099 (130,983) Economic Development 156,247 7,523 9,308 (1,786) 70,128 100,260 (30,132) Debt Service - - - - - - - Operating Transfers to Other Funds 6,577,082 548,090 548,090 - 3,836,631 3,836,631 - Operating Reserve 243,198 - - - - - - Total expenditures 31,140,044 2,116,572 2,396,988 (280,417)16,524,520 17,908,472 (1,383,953) Net Income/(Loss)(1,628,677)(384,435)7,495,307 Fund Balance - Beginning 13,114,251 13,114,251 Fund Balance - Ending 11,485,574 20,609,558 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 - 1 4 4 Crabapple Fest Sponsor 7,500 - - (7,500) Gas South Partnership - 47 247 247 Total revenues 8,500$ 48$ 251$ (8,249)$ EXPENDITURES Current: Special Events 101,178$ 720$ 15,984$ 85,194$ Total Expenditures 101,178$ 720$ 15,984$ 85,194$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 24,000 2,130$ 10,864 (13,136) Total other financing sources and uses 24,000$ 2,130$ 10,864$ (13,136)$ Net change in fund balances (68,678)$ (4,870)$ Fund balance - beginning 67,794 67,794 Fund balance - ending (884)$ (1)62,924$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2021 (1) COVID-19 continues to impact hotel/motel tax related revenues. FY 2020 revenues came in lower than anticipated and will be offset by adjustments to expenditures in FY 2021 related to canceled events. 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 6 6 Total revenues -$ 1$ 6$ 6$ 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 -$ 6$ Fund balance - beginning 99,238 99,238 Fund balance - ending 99,238$ 99,243$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2021 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$ 78,137$ 569,473$ (430,527)$ Total revenues 1,000,000$ 78,137$ 569,473$ (430,527)$ EXPENDITURES Current: Public Safety 1,000,000$ 78,137$ 569,473$ 430,527$ Total Expenditures 1,000,000$ 78,137$ 569,473$ 430,527$ Net change in fund balances -$ -$ Fund balance - beginning - - Fund balance - ending -$ -$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2021 5 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CARES Act -$ -$ 1,651,603$ 1,651,603$ Interest Revenues - - 46 46 Total revenues -$ -$ 1,651,649$ 1,651,649$ EXPENDITURES Current: General Administration -$ -$ -$ - Total Expenditures -$ -$ -$ -$ Excess of revenues over expenditures -$ -$ 1,651,649$ 1,651,649$ OTHER FINANCING SOURCES (USES) Transfers Out to General Fund -$ -$ (1,651,649)$ (1,651,649)$ Budgeted Fund Balance - - - - Total other financing sources and uses -$ -$ (1,651,649)$ (1,651,649)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2021 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$ 2,130$ 10,864$ (13,136)$ Total revenues 24,000$ 2,130$ 10,864$ (13,136)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 24,000$ 2,130$ 10,864$ (13,136)$ Total other financing sources and uses 24,000$ 2,130$ 10,864$ (13,136)$ Net change in fund balances -$ -$ Fund balance - beginning - - Fund balance - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2021 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$ 12,900$ 53,047$ 53,047$ (56,953)$ Infrastructure Maint Penalty & Interest - - 169 169 169 Mayfield Rd Stormwater Facility Assessment - - 45,722 45,722 45,722 Tree Recompense - - - - - Landfill Use Fees 45,000 11,133 24,421 24,421 (20,579) Interest Revenue - 49 283 283 283 Other Misc Revenue - - 45,528 45,528 45,528 Insurance Proceeds/Public Safety - - 25,662 25,662 25,662 Total revenues 155,000$ 24,082$ 194,832$ 194,832$ 39,832$ 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 - 169 169 91,831 Police 404,849 - 181,155 354,191 50,658 Fire 1,238,489 63,723 340,217 463,069 775,420 Public Works 9,115,109 139,513 3,558,775 6,049,840 3,065,270 Parks & Recreation (Active)3,531,503 - 16,320 141,058 3,390,445 Passive Parks/Greenspace 1,680,222 - 276 29,026 1,651,196 Community Development 747,622 22,648 157,399 389,400 358,223 Total Capital Outlay 16,954,136$ 225,883$ 4,254,310$ 7,454,164$ 9,499,971$ Excess of revenues over expenditures (16,799,136)$ (201,801)$ (4,059,478)$ (7,259,332)$ (9,460,139)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,927,056$ 410,588$ 2,874,116$ 2,874,116$ (2,052,940)$ Contingencies (148,021) - - - 148,021 Total other financing sources and uses 4,779,035$ 410,588$ 2,874,116$ 2,874,116$ (1,904,919)$ Net change in fund balances (12,020,101)$ (1,185,362)$ (4,385,216)$ Fund balance - beginning 12,039,016 12,039,016 12,039,016 Fund balance - ending 18,916$ 10,853,654$ 7,653,800$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2021 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$ 5,596$ 1,589,746$ 1,589,746$ 58,285$ Real Property Tax-Prior Year 500 522 6,076 6,076 5,576 Public Utility Tax-Current Year 11,808 3,528 4,731 4,731 (7,077) Personal Property Tax-Current Year 23,268 56 21,472 21,472 (1,796) Personal Property Tax-Prior Year - 27 364 364 364 Motor Vehicle Tax 4,200 498 2,745 2,745 (1,455) Penalties & Interest - Real Property 1,500 218 2,785 2,785 1,285 Penalties & Interest - Personal Property - 9 117 117 117 Interest Revenue (Regions)9,000 44 250 250 (8,750) Interest Revenue (SunTrust)- 2 41 41 41 Total revenues 1,581,737$ 10,500$ 1,628,327$ 1,628,327$ 46,590$ 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 895,000 895,000 895,000 895,000 - Bond Interest 816,125 408,063 816,125 816,125 - Total Capital Outlay 6,742,607$ 1,303,063$ 1,713,462$ 1,760,723$ 5,029,145$ Excess of revenues over expenditures (5,160,870)$ (1,292,563)$ (85,134)$ (132,396)$ 5,075,735$ Net change in fund balances (5,160,870)$ (85,134)$ (132,396)$ Fund balance - beginning 5,247,816 5,247,816 5,247,816 Fund balance - ending 86,946$ 5,162,682$ 5,115,420$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2021 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$ 602,083$ 3,581,720$ 3,581,720$ (2,418,280) Interest Revenues - 38 214 214 214 Realized Gain or Loss (GA Fund 1)72,000 490 5,338 5,338 (66,662) Total revenues 6,072,000$ 602,611$ 3,587,273$ 3,587,273$ (2,484,727)$ EXPENDITURES Capital Outlay Public Works 22,996,046$ 376,370$ 1,716,751$ 5,865,426$ 17,130,619 Total Capital Outlay 22,996,046$ 376,370$ 1,716,751$ 5,865,426$ 17,130,619$ Excess of revenues over expenditures (16,924,046)$ 226,241$ 1,870,522$ (2,278,154)$ 14,645,892$ Net change in fund balances (16,924,046)$ 1,870,522$ (2,278,154)$ Fund balance - beginning 17,777,064 17,777,064 17,777,064 Fund balance - ending 853,018$ 19,647,585$ 15,498,910$ 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 April 30, 2021 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$ 82,397$ 82,397$ 82,397$ 824$ Recreation Trail Program 192,228 - 2,228 2,228 (190,000) Land & Water Conservation Grant 200,000 - 11,975 11,975 (188,025) LMIG Funds 440,000 - 392,419 392,419 (47,581) Smart Communities 44,078 - 44,078 44,078 - Trail Connection to Big Creek Greenway 392,800 - 32,091 32,091 (360,709) Interest Revenues - 8 38 38 38 Total revenues 1,350,679$ 82,405$ 565,226$ 565,226$ (785,453)$ EXPENDITURES Fire 90,637$ -$ 90,637$ 90,637$ -$ Public Works 1,647,796 - 552,796 950,752 697,044 Parks & Recreation 586,188 - 38,489 67,428 518,760 Community Development 1,032 - 180 1,055 (23) Total Capital Outlay 2,325,653$ -$ 682,102$ 1,109,872$ 1,215,781$ Excess of revenues over expenditures (974,974)$ 82,405$ (116,875)$ (544,645)$ 430,329$ Net change in fund balances (974,974)$ (116,875)$ (544,645)$ Fund balance - beginning 975,930 975,930 975,930 Fund balance - ending 955$ 859,054$ 431,284$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2021 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$ 2,260$ 17,738$ 17,738$ (12,262)$ Law Enforcement Fund 13,000 949 7,958 7,958 (5,042) Fire Fund 72,500 5,436 45,601 45,601 (26,899) Road Fund 110,000 6,784 83,987 83,987 (26,013) Park Fund 650,000 62,151 453,702 453,702 (196,298) Interest Revenues/Admin Fund - 1 4 4 4 Interest Revenues/Law Enforcement Fund - 0 2 2 2 Interest Revenues/Fire Fund - 2 11 11 11 Interest Revenues/Road Fund - 2 20 20 20 Interest Revenues/Park Fund - 20 114 114 114 Total revenues 875,500$ 77,603$ 609,136$ 609,136$ (266,364)$ 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)$ 77,603$ 609,136$ 573,138$ 2,699,404$ Net change in fund balances (2,126,266)$ 609,136$ 573,138$ Fund balance - beginning 2,208,117 2,208,117 2,208,117 Fund balance - ending 81,851$ 2,817,253$ 2,781,255$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2021 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)-$ 39$ 267$ 267$ 267$ Total revenues -$ 39$ 267$ 267$ 267$ EXPENDITURES Capital Outlay General Government Buildings 130,360$ -$ 102,392$ 126,852$ 3,509$ Fire 3,745,300 33,344 156,868 333,800 3,411,500 Fiscal Agent's Fees 1,807 - 1,806 1,806 1 Bond Principal 770,000 - 770,000 770,000 - Bond Interest 878,219 - 448,734 448,734 429,485 Total Capital Outlay 5,525,687$ 33,344$ 1,479,800$ 1,681,192$ 3,844,494$ Excess of revenues over expenditures (5,525,687)$ (33,305)$ (1,479,533)$ (1,680,926)$ 3,844,761$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,650,026$ 137,502$ 962,515$ 962,515$ (687,511)$ Total other financing sources and uses 1,650,026$ 137,502$ 962,515$ 962,515$ (687,511)$ Net change in fund balances (3,875,661)$ (517,018)$ (718,411)$ Fund balance - beginning 3,984,697 3,984,697 3,984,697 Fund balance - ending 109,036$ 3,467,679$ 3,266,286$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2021 13 of 14 Amount Percent Yield Money Market - Quantum Bank 5,394,059 14%0.05% GA Fund 1 18,136,918 47%0.04% GA Fund 1 (TSPLOST)14,865,003 39%0.04% Grand Total Investment Portfolio 38,395,980 100% Current Month YTD Current Month YTD Interest earned 821 9,983 490 5,339 Budgeted interest 7,000 49,000 6,000 42,000 Variance over/(under)(6,179) (39,017) (5,510) (36,661) General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending April 30, 2021 14 of 14 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 15, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Athletic Association Facility Use Agreement Between the City of Milton and North Atlanta Football League. MEETING DATE: Monday, June 21, 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: __________ June 21, 2021 X X X X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on June 10, 2021 for the June 21, 2021 Regular Council Meeting Agenda Item: Approval of an Athletic Association Facility Use Agreement Between the City of Milton and North Atlanta Football League. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Athletic Association Facility Use Agreement between The City of Milton and North Atlanta Football League. Executive Summary: North Atlanta Football League provides the city with the youth tackle football, flag football and cheerleading program. This program will offer football programing and camps from July – November at Bell Memorial Park, Cox Rd. Athletic Complex, Hopewell Middle School, and Cogburn Woods Elementary School. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another football provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, December 4, 2020 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Agreement for Athletic Association Facility Use Agreement between The City of Milton and North Atlanta Football League. MILTON% r PARKS AND RECREATION 2021 CITY OF MILTON PARKS &RECREATION DEPARTMENT ATHLETIC ASSOCIATION FACILITY USE AGREEMENT North Atlanta Football League ATHLETIC ASSOCIATION FACILITY USE AGREEMENT This agreement, made this day of 20 , by the City of Milton ("City") and the "Organization." Witnesseth: In consideration of the mutual agreements contained in this document, the City and Organization agree as follows: 1. The Association agrees to provide a youth sports program (organized league play), to wit youth football as a service for the City in accordance with applicable policies and procedures for youth sports organization operating on City property or City leased facilities. 2. The term of this agreement shall commence upon the later of January 1, 2021 or date of execution hereof and continue through DECEMBER 31, 2021. A new agreement must be signed for each calendar year. 3. The City hereby authorizes the Organization to use fields and facilities as listed below: Bell Memorial Park & Cox Road Athletic Complex The authorization provided by this agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, basketball goals, lacrosse goals, etc.) for approved league play unless otherwise specified. The Organization is authorized to use the facilities at the following dates and times: WEEKDAYS: FROM 4:00 PM TO 10:00 PM SATURDAYS: FROM 8:00 AM TO 10:00 PM SUNDAYS: FROM 12:00 PM TO 10:00 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 4+" for field renovations. 4. In consideration for the usage of the facilities, the Organization agrees to a direct payment to the City of 15% commission on all registration fees 2 and 100% of all applicable non-resident fees for those participants whose home activities took place at a City of Milton facility (where the team practiced). 5. The Organization agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the Organization. The organization must maintain a favorable quality rating in 750 of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and Organization. 6. The Organization agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. Organizations shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and Organization. 7. The Organization is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton residency requirement must be verified by the City GIS database prior to formation of an advanced level team. If the Organization is an Association subject to the City of Milton's Athletic Association Organizational Manual, the Organization shall comply with the program requirements set forth in Exhibit A. 8. The Organization agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. K Spring Summer Winter Fall Ideal Capacity A/ 02 0 0 Previous Season Participation Growth Goal for Season 7. The Organization is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton residency requirement must be verified by the City GIS database prior to formation of an advanced level team. If the Organization is an Association subject to the City of Milton's Athletic Association Organizational Manual, the Organization shall comply with the program requirements set forth in Exhibit A. 8. The Organization agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. K 9. The Organization shall ensure that its coaches satisfy the certification Pnd training requirements set forth in Exhibit B. INITIALED: P� 10. Organization shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Organization without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 11. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 12. The Organization shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the violation of any requirement of the Manual or this agreement or the willful or negligent acts, errors, or omissions of the Organization or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect. 13. It is the understanding of the City and the Organization that nothing contained in this agreement shall be interpreted to assign to the Organization any status under this agreement other than that of an independent Organization. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Organization is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Organization agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Organization and the City and the City will not be liable for any obligation incurred by 4 Organization, including but not limited to unpaid minimum wages or overtime premiums. 14. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 15. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ORGANIZATION NAME: O o( -L), Qaj-0`, �aptq L4� ADDRESS: PO 9OK 39-1-5 CITY/STATE/ZIP: PHONE: Mj WEBSITE: www - U; EMAIL: ()615 a 10A^ LM)0 1) .d -DPA CITY: City of Milton Parks and Recreation Department Attn: Manager of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2519 www.cityofmiltonga.us tom.mcklveen@cityofmilton a.us 16. This agreement may be executed in counterparts, each of which shall constitute an original. 17. The City has designated the Director/Manager of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Organization in the execution of the terms of this agreement. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 19. The Organization may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual 5 orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 20. The Organization agrees to adhere to all relevant City policies and procedures including, but not limited to the City's Athletic Association Organizational Manual or Agreement for Outside Providers (whichever is applicable) in effect as of the date of this Agreement (which policies and procedures the Organization has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 21. The Organization will adhere to fee policies set by the City, including fees that may not yet be currently established. 22. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and the City's Athletic Association Organizational Manual or Agreement for Outside Providers, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 23. The Organization acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Organization under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Organization is subject to the Open Records and Open Meeting laws of the state of Georgia. The Organization agrees to comply with those laws. To the extent that the Organization is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The Organization further agrees that all books and records of the Organization shall be made available to the City of Milton as and when requested for review or audit. 6 24. City shall have the right to terminate this Agreement upon failure of Organization to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Organization with a written notice specifying Organization's failure to perform, and providing Organization with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that Organization fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately terminate the Agreement by providing written notice of termination to Organization. Organization shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Organization. Prior to exercising this right of termination, Organization shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the Organization, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Organization shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. I hereby acknowledge and understand that the Organization, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City, including those contained within the City's Athletic Association Organizational Manual. I understand that failure of the Organization or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ORGANIZATION: By: Presid t Name: ��f 5 (Typed or Printed) Date: �a-11 2-Ca'1 Attest: Organization Secretary Name: (Typed or Printed) Date: [AFFIX CORPORATE SEAL] CITY: By: Steve Krokoff, City Manager City of Milton Date: Ratified by City Council: By: Joe Lockwood Mayor, City of Milton Date: 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: A L 9 EXHIBIT B [This exhibit to be modified on a case-by-case basis to reflect the varying nature of coaching certifications in different sports.] Organization must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, USA Football, National Cheerleading Association. The Organization may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Parks & Recreation Department within two weeks of the season start. SPORT: ip ACCEPTABLE COACHING CERTIFICATIONS: U5✓� 0-0 n d -1A S £s 1001 T-01 n 14� .r 10 NC)RTATL-01 RCROOK COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) siaizo2o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NONTACT Randy Marcus ME Terry L. Green & Associates, Inc. 3100 Five Forks Trickum Road Suite 101 Lilburn, GA 30047 PHONE FAX (AIC, No, Ext): (AIC, No): EDD E : INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: AEGIS SECURITY INSURANCE COMPANY 33898 9/4/2021 INSURED INSURER B : INSURER C : INSURER D : North Atlanta Football League, Inc INSURER E: PO Box 3925 Alpharetta, GA 30023 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL I SUBR V POLICY NUMBER POLICY EFF D POLICY EXP I LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_X] OCCUR ESL 000 002 10611 9/4/2020 9/4/2021 EACH OCCURRENCE $ 1'000'000 DAMAGE TO ISESfE,RENTED occurrence) $ 300'000 MED EXP (Any oneperson) $ 5,000 X ABUSE/MOLESTATION X $1 M OCC/ $2M AGG PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY JE� LOC GENERAL AGGREGATE $ 3'000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 PARTICIPANTS $ 1,000,000 OTHER: A AUTOMOBILE LIABILITY COMBIINEeD SINGLE LIMIT nt $ 1,000,000 (Ea accidANY BODILY INJURY Perperson) $ AUTO ESL 000 002 10611 9/4/2020 9/4/2021 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ DAMAGE $X AOED ONLY ALTN $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN I PER OTH- T T ANY PROPRIETOWPARTNER/EXECUTIVE F—]OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under NIA E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more Space is re9uired) Coverage is provided under this policy for sponsored and supervised activities of the named insured for which a premium has been paid. Youth Tackle & Flag Football & Cheer The Certificate Holder is an additional insured with respect to the operations of the named insured PROOF OF COVERAGE City of Milton 2006 Heritage Walk Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (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: June 15, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Outside Providers & Facility Use Agreement Between The City of Milton and Love GOGA, LLC to Provide Goat Yoga and Mindfulness Programming for Youth and Adults. MEETING DATE: Monday, June 21, 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: __________ June 21, 2021 X X X X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on June 14, 2021 for the June 21, 2021 Regular Council Meeting Agenda Item: Approval of an Outside Providers & Facility Use Agreement Between The City of Milton and Love GOGA, LLC to Provide Goat Yoga and Mindfulness Programming for Youth and Adults. ____________________________________________________________________________ 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 Love GOGA, LLC. Executive Summary: Love GOGA, LLC will provide the city seasonal goat yoga classes. The program was successful in its initial trial class with Milton residents. Love GOGA, LLC will also offer mindfulness programming for youth and adults. This program will offer classes at the Broadwell Pavilion, Bethwell Community Center, and 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 for all programming offered at City facilities. Alternatives: If this contract is not approved, staff will continue its search for new, innovative programming. 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 Love GOGA, LLC. t\41LTON,* PARKS AND RECREATION 2021 CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS & FACILITY USE AGREEMENT Love GOGA 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 Love GOGA, 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 GOAT YOGA AND MINDFULNESS CLASSES at the following locations: BROADWELL PAVILION 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate the program schedule, which will be approved by Department Director, or his designee, at its sole discretion. Proposed program schedules shall be provided to the Department at least 30 days prior to the start of the activity. 1.4 All registration fees shall be fair and equitable to all participants. (Execution of this Agreement by the City shall act as a finding that the fees proposed in Exhibit "A" are fair and equitable; any fees not described in Exhibit "A" shall be determined fair and equitable in the reasonable discretion of the Department Director or his designee). The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON, up to a cap of $90.00. The entire balance of this surcharge for non-residents shall be raid 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 7517. 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 shall provide activity -appropriate certification and training to all paid and volunteer instructors. 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 1.25 The Provider shall agree to the Field Playability, Weather Policies and Procedures, Heat and Hydration Guidelines and Cold Weather Policy below. Field Playability The Department will determine if fields are playable. Programs will be notified as early as possible if the fields are not playable. Programs are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Program is responsible for determining field playability. Programs are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the fields. The City also will update field conditions on the City website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): httos://www.cifyofmilfongo.us/government/parks-rec/athletic-field-status 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 5 Spring Summer Fall Winter Ideal Capacity � v pD as Previous Season Participation Growth Goal for Season 2 1.24 The PROVIDER shall provide activity -appropriate certification and training to all paid and volunteer instructors. 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 1.25 The Provider shall agree to the Field Playability, Weather Policies and Procedures, Heat and Hydration Guidelines and Cold Weather Policy below. Field Playability The Department will determine if fields are playable. Programs will be notified as early as possible if the fields are not playable. Programs are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Program is responsible for determining field playability. Programs are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. The City shall maintain a weather hotline at 678-242-2533 to help communicate the status of the fields. The City also will update field conditions on the City website shown below (but does not guarantee the website will updated in real time, as delays in updating may occur): httos://www.cifyofmilfongo.us/government/parks-rec/athletic-field-status 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 5 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, Broadwell Pavilion 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. 1.26 The PROVIDER is responsible to select qualified instructors for their program. Each Program shall establish their own criteria to determine qualifications of instructors, such as experience, past instructing experience, etc. 1.27 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. 1.28 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: 6 • 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 1.29 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. 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 857o 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. 0 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. 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 10 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. 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. 11 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, 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 12 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-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and for the PROVIDER. All other notices, requests, demands, writings, or correspondence, s 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: y 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 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 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. 10.18 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. 10.19 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. 10.20 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 TAMMY LOWIT, CITY CLERK ATTEST: Print: Its: (Assistant) Corporate Secretary (required if corporation) CITY: BY: JOE LOCKWOOD, MAYOR (circle one) - P esident/Vice President (Corporation) - General Partner (Partnership/ Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation 10 EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] lit + rill-� VSs WD Sip"/ate 'J'o I r T- VZX3- vulb( _ 19 EXHIBIT "C" City of Milton Parks Ordinances & Park/Facility Regulations CITY OF MILTON PARKS ORDINANCES Programs are responsible for adherence to all City and park ordinances. A collection of applicable ordinances is shown below, subject to the caveat that ordinances are amended from time to time; these ordinances may not be fully current; and other ordinances not shown here may be relevant depending on the activity. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person 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 G) 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@cityofmiltonaa.us 23 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 authorization user identification number and date of authorization are as follows: eVerify N tuber Date of Authorization Name of Contrac or 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 ons %t' , / '�, 202/ in (state). Sign�at ire of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF -FU 202 I NOT RY PUBLI [NOTARY SEAL] My Commission Expires: 6-12 2 3 ��`gpTEO� y "' • �'% J KEMP Notary Public, Georgia Y 9 c•6w— *= Cherokee County '` My Commission Expires August 12, 2023 My Commission Expires: 6-12 2 3 EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor Name of Project City of Milton, GA Name of Public Employer 25 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 202_ in (state). Signature of Authorized Officer or Agent (city), Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,202_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires:. OUTSIDE PROVIDER FACILITY USE AGREEMENT This agreement, made this day of 20 by the City of Milton ("City") and Goin 6bL,r�� 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 recreational program, to wit GOAT YOGA as a service for the City in accordance with applicable policies and procedures for program 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: BROADWELL PAVILION The authorization provided by this agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, basketball goals, lacrosse goals, etc.) for approved league play unless otherwise specified. The PROVIDER is authorized to use the facilities at the following dates and times: WEEKDAYS: FROM 8 AM TO 9 PM SATURDAYS: FROM 8 AM TO 9 PM SUNDAYS: FROM 9 AM TO 9 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 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 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. 7. The PROVIDER shall ensure that its instructors satisfy the certification n �� training requirements set forth in Exhibit A. INITIALED: 8. 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. 9. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 10. 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 this indemnification provision shall survive the term of this Agreement and continue in full force and effect. 11. 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 27 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. 12. 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. M-11 13. 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: (������ �— � L -Lc ADDRESS: CITY/STATE/ZIP: '�� 0600 I PHONE: WEBSITE: (,(jk) �ve- ��• Gd EMAIL: ef�i G AUop�o&TO • 4�6 ry-) 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.McKIveen@cityofmiltonga.us 14. This agreement may be executed in counterparts, each of which shall constitute an original. 15. 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. 16. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 17. 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. 18. 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. 19. The PROVIDER will adhere to fee policies set by the City, including fees that may not yet be currently established. 20. 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. 21. 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. 22. 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: President Name: �,�ir/AC7�" (Typed or Printed) 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: EXHIBIT A [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/ACTIVITY: Q 6-4 ACCEPTABLE COACHING/TEACHING CERTIFICATIONS: ..2-60 �G'�cr f uilli 32 rliantit: 155169-3 w9VJ Xei9Ief_1 ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) F06/14/2021 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: T Regina Walker CBIZ Insurance Services, Inc. PHONE FA A/C, NNoo Ext): 561-287-9756 � --- (AIC, No): 3945 W. Atlantic Avenue E-MAIL Delray Beach, FL 33445 �DOREss__Regina.Walker@CBIZ.com EACH OCCURRENCE $1,000,000 INSURERS) AFFORDING COVERAGE NAIC # INSURER A : Scottsdale Insurance Co. 41297 INSURED INSURER B: Love GoGa, LLC 325 Five Acre Road INSURER C: Alpharetta, GA 30004-3259 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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, LTR TYPE OF INSURANCE A SRL WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X CPS7209536 8/29/2020 08/29/2021 EACH OCCURRENCE $1,000,000 P REMISES Eeocccurrrence $100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F7JECOT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A PEROTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Property CPS7209536 8/29/2020 08/29/2021 BPP: $4,000 Replacement Cost Se cial Form Deductible: $1,000 Co -Insurance: 80% DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Proof of Insurance The City of Milton 2006 Heritage Walk Milton, GA 30004 ACORD 25 (2016/03) 1 of 1 #S2789368/M2735594 LLA 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 CBIZ Insurance Services, Inc. ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 81WH CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 16, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Document of Understanding Between The City of Milton and Happy Tails Pet Therapy, Inc. to Provide Animal Assisted Therapy to Camp Joyful Soles. MEETING DATE: Monday, June 21, 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 June 21, 2021 To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on June 16, 2021 for the June 21, 2021 Regular Council Meeting Agenda Item: Approval of a Document of Understanding Between the City of Milton and Happy Tails Pet Therapy, Inc. to Provide Animal Assisted Therapy to Camp Joyful Soles. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Document of Understanding between The City of Milton and Happy Tails Pet Therapy, Inc. Executive Summary: Happy Tails Pet Therapy has been a weekly visitor to Camp Joyful Soles for many years. They are a volunteer-based organization that brings therapy dogs to various locations such as schools, hospitals, and camps. It is one of the popular visitors to come to Camp Joyful Soles. In order for them to attend, they have required a completed and signed Document of Understanding. Funding and Fiscal Impact: There is no financial impact to the City of Milton. Alternatives: If this contract is not approved, we will fill the hour time slot with other activities. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, June 16, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Document of Understanding between The City of Milton and Happy Tails Pet Therapy, Inc. No Text No Text No Text No Text No Text No Text Mill Springs Academy Thomas Rhodes, Program Supervisor thomas.rhodes@cityofmiltonga.us 13660 New Providence Rd. Milton, GA 30004 678-242-2610 No Text CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 15, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions. MEETING DATE: Monday, June 21, 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: __________ June 21, 2021 X X X To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Director Date: Submitted on June 14, 2021 for the June 21, 2021 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats 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 Minor Plat for The Gorko Trust – Olga Glushchak property described herein consists of a 2.130-acre parcel located on Bethany Bend to be subdivided into 2 tracts. The size of Tract 1 will contain 1.130 acres and Tract 2 will contain 1.000 acre. 2. The Minor Plat for Curry & Collis property described herein consists of 33.973 acres with two parcels located on Darby Road and two parcels located on Tullgean Drive to be subdivided into 4 tracts. Tract sizes range from 3.601 acres to 15.394 acres. 3. The Minor Plat for Brad Bolduc property described herein consists of a 10.930- acre parcel located on Wood Road. The purpose of this plat is to combine two parcels into one. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Consent Agenda Plats Staff Memo Page 2 of 10 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. The Gorko Trust – Olga Glushchak 3305 & 3307 Bethany Bend LL 900 & 901 Dist. 2 Sect. 2 Minor Plat Subdividing one parcel into 2 Tracts 2.13 Acres 0.94 Lots / Acre 2. Curry & Collis Property 375 & 385 Darby Rd. and 15640 & 15650 Tullgean Dr. LL 376, 416, 417 Dist. 2 Sect. 2 Minor Plat Subdividing one parcel into 4 Tracts 33.973 Acres 0.12 Lots / Acre 3. Brad Bolduc Property 14685 Wood Road LL 630, 631, 666 &667 Dist. 2 Sect. 2 Minor Plat Combining two parcels into one 10.930 Acres N/A Consent Agenda Plats Staff Memo Page 3 of 10 The Gorko Trust - Glushchak Property Consent Agenda Plats Staff Memo Page 4 of 10 The Gorko Trust - Glushchak Property Consent Agenda Plats Staff Memo Page 5 of 10 Curry & Collis Property Consent Agenda Plats Staff Memo Page 6 of 10 Curry & Collis Property Consent Agenda Plats Staff Memo Page 7 of 10 Curry & Collis Property Consent Agenda Plats Staff Memo Page 8 of 10 Curry & Collis Property Consent Agenda Plats Staff Memo Page 9 of 10 Brad Bolduc Property Consent Agenda Plats Staff Memo Page 10 of 10 Brad Bolduc Property CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 15, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval Proclamation Recognizing Ella Katekovich and Jeslyn Guo for their Efforts to Create a Local Opportunity for Glass Recycling in the City of Milton. MEETING DATE: Monday, June 21, 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 June 21, 2021 X Proclamation Recognizing Ella Katekovich and Jeslyn Guo for their Efforts to Create a Local Opportunity for Glass Recycling in the City of Milton WHEREAS, glass containers are 100% recyclable and can be recycled endlessly with no loss of purity or quality; and WHEREAS, it can take up to 1 million years for glass in a landfill to break down; and WHEREAS, recycling glass requires 30% less energy than making it from scratch; and WHEREAS, a used glass bottle can go from a recycling plant to a store shelf in as little as 30 days; and WHEREAS, for years, Milton residents have been unable to recycle glass containers curbside despite a strong desire to do so and better the environment; and WHEREAS, recognizing this need, Milton High School students Ella Katekovich and Jeslyn Guo made it their mission to help address this need; and WHEREAS, Ella and Jeslyn sought out companies that would accept recycled glass, ultimately connecting the City of Milton with Strategic Materials; and WHEREAS, these efforts are an important part of the reason why a large container for glass recycling now sits in Bell Memorial Park as a service to residents; and WHEREAS, these two students have inspired their fellow citizens with their enthusiasm, energy, ideas and initiative to support our community; and WHEREAS, City staff are incredibly grateful to Ella and Jeslyn for being integral to our team committed to making Milton, and our world, a better place; and NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and thank Ella Katekovich and Jeslyn Guo for giving graciously of their time to facilitate a local option for recycling glass in the City of Milton. Given under our hand and seal of the City of Milton, Georgia, on this ____ day of June, 2021. ____________________________________ Joe Lockwood CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 15, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Enact and/or Extend a Moratorium – for 120 Days - on the Acceptance of Alcohol Applications, Building Permit Applications, and Land Disturbance Permit Applications for Farm Wineries in the City of Milton. MEETING DATE: Monday, June 21, 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 June 21, 2021 X STATE OF GEORGIA RESOLUTION NO. ___________ COUNTY OF FULTON RESOLUTION OF THE CITY OF MILTON ENACTING A MORATORIUM ON THE ACCEPTANCE OF ALCOHOL APPLICATIONS, BUILDING PERMIT APPLICATIONS, AND LAND DISTURBANCE PERMIT (LDP) APPLICATIONS FOR FARM WINERIES WHEREAS, the City of Milton, Georgia (“City”) is a duly formed political subdivision of the State of Georgia, with all the powers attendant thereto; WHEREAS, the City desires to modify its land use code regarding farm wineries as a “by right” use; and WHEREAS, the City finds that instituting and imposing a moratorium on the acceptance of alcohol applications, building permit applications, and LDP applications for Farm Wineries within the City will preserve and maintain the status quo, while allowing the City sufficient time to draft amendments to its land use code regarding farm wineries without such uses otherwise becoming vested while the land use code amendment process occurs; and, WHEREAS, the City finds that adopting the Moratorium described above, for one- hundred twenty (120) days, to be reasonably necessary, the least restrictive means available, a reasonable exercise of the County's police power, and in the best interests of the public health, safety, and welfare. NOW THEREFORE, BE IT RESOLVED, 1. The City of Milton hereby adopts a one-hundred twenty (120) day moratorium barring the acceptance of alcohol applications, building permit applications, and LDP applications for Farm Wineries within the City of Milton; and 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) October 19, 2021; (2) approval by the City of Milton of a new or extended moratorium after a public hearing; (3) the adoption of an amendment to the land use code regarding Farm Wineries, as contemplated herein; or (4) action by the City of Milton otherwise terminating the moratorium. SO RESOLVED, the public health, safety and welfare demanding it, this 21st day of June 2021 Approved: __________________________________ Joe Lockwood, Mayor Attest: [SEAL] ________________________________ City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 15, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Intergovernmental Agreement for Use and Distribution of Proceeds Generated by the 2021 Transportation Special Purpose Local Option Sales Tax Referendum. MEETING DATE: Monday, June 21, 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 June 21, 2021 X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on June 15, 2021 for the June 21, 2021 Regular City Council Meeting Agenda Item: Consideration of an Intergovernmental Agreement for Use and Distribution of Proceeds Generated by the 2021 Transportation Special Purpose Local Option Sales Tax Referendum. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Intergovernmental Agreement (IGA) between Fulton County and the 13 participating cities provides the framework for the collection and distribution of the potential Transportation Special Purpose Local Option Sales Tax (TSPLOST) that is proposed to be considered by voter referendum on November 2, 2021. Milton’s project list was approved at the May 24, 2021 regular City Council meeting and will be included with those from all other jurisdictions within the county as an exhibit to this IGA. Fulton County needs for all cities to sign the 2021 IGA on or before July 2, 2021. Then the Fulton County Board of Commissioners will consider a resolution for the referendum to be forwarded to the Election Superintendent for placement on the November 2021 ballot. Funding and Fiscal Impact: The total anticipated TSPLOST collection for City Projects is $546 million over five years. Milton represents 6.61% of the population of Fulton County outside of Atlanta with a projected collection of $36,068,011. Fulton County requested that the project lists submitted by municipalities be placed into three tiers based on uncertainties of the tax collection: • Tier 1 – up to 85% of anticipated collections $30,657,809 • Tier 2 – 86-100% of anticipated collections $5,410,202 • Tier 3 – 101-115% of anticipated collections $5,410,202 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – June 11, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Intergovernmental Agreement (Draft) Fulton County TSPLOST Revenue Projections May 3, 2021 VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 1 STATE OF GEORGIA COUNTY OF FULTON INTERGOVERNMENTAL AGREEMENT FOR USE AND DISTRIBUTION OF PROCEEDS GENERATED BY THE 2021 TRANSPORTATION S PECIAL PURPOSE LOCAL OPTION SALES TAX REFERENDUM THIS INTERGOVERNMENTAL AGREEMENT (“IGA” or “Agreement”) is made and entered into this _______ day of July, 2021, by and between FULTON COUNTY, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as “Fulton County” or "County"); the CITY of ALPHARETTA; the CITY OF CHATTAHOOCHEE HILLS; the CITY OF COLLEGE PARK, the CITY OF EAST POINT; the CITY OF FAIRBURN; the CITY OF HAPEVILLE ; the CITY OF JOHNS CREEK ; the CITY OF MILTON; the CITY OF MOUNTAIN PARK; the CITY OF PALMETTO; the CITY OF ROSWELL; the CITY OF SANDY SPRINGS; the CITY OF SOUTH FULTON ; and the CITY OF UNION CITY (hereinafter collectively referred to as the “Cities”). WITNESSETH WHEREAS, the parties to this Agreement consist of Fulton County and all qualifying municipalities (hereinafter referred to as “Cities”) located outside the city l imits of the City of Atlanta, and located wholly or partially within Fulton County, Georgia; and WHEREAS, the parties anticipate that Fulton County will approve and sign a Resolution authorizing the Fulton County Board of Registrations and Elections to call a Referendum on the issue of the imposition of a 0 .75 percent Metropolitan County Transportation Special Purpose Local Option Sales Tax (“TSPLOST” or “Tax”) to begin on April 1, 2022 and to conclude on March 31, 2027; and WHEREAS, the law authorizing a Referendum on the issue of the imposition of the TSPLOST was amended during the 2018 Legislative Session of the Georgia General Assembly; and WHEREAS, the parties desire to execute an Intergovernmental Agreement to control the distribution and use of TSPLOST proceeds received solely by Fulton County and one or more Cities located within Fulton County, containing a combined total of not less than sixty percent of the aggregate population located within the County outside the City of Atlanta; and WHEREAS, for the purpose of the distribution of proceeds for the April 1,2022 through March 31, 2027 TSPLOST, the Special District shall be known as the boundaries of Fulton County outside the city limits of the City of Atlanta; and WHEREAS, the fourteen Cities located wholly or partially within Fulton County VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 2 and outside the city limits of the City of Atlanta have certified they are qualified municipalities and are eligible to receive distributions of the 0.75 percent TSPLOST Proceeds; and WHEREAS, the parties hereto are interested in serving the needs of the residents of Fulton County by planning and performing transportation projects within the County and Cities which are parties to this Agreement; and WHEREAS, the parties intend that the transportation projects which are the subject of this Agreement shall benefit residents of Fulton County and its Cities; and WHEREAS, the County and the Cities located within Fulton County are committed to continue to work together to improve the County's transportation infrastructure; and WHEREAS, the County and all its Cities have identified transportation needs that are important to the current and future well-being of their residents and have determined that proceeds from the TSPLOST should be used to address a portion of these needs. NOW, THEREFORE, in consideration of the mutual promises and understandings herein made and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do consent and agree as follows: 1. This Agreement is conditioned upon a Referendum to be approved by a majority of the voters of Fulton County to impose a TSPLOST of 0.75 percent which shall commence on April 1, 2022 and continue to, through and including March 31, 2027. 2. Pursuant to O.C.G.A. § 48-8-269.13, one percent (1.0%) of the amount of TSPLOST proceeds collected beginning April 1, 2022 shall be paid into the General Fund of the State of Georgia (“State”) treasury in order to defray the costs of administration of the Georgia Department of Revenue. One-half of one percent (0.5%) of the tax proceeds (County oversight) shall be allocated to the County by the State to provide for any costs associated with the administration of the TSPLOST Program. Such cost shall include the support, maintenance and operation of the Fulton Transportation Investment Citizen’s Oversight Council, the annual audit and the overall program administration, at a minimum. The remaining ninety-eight and one-half percent (98.5%) of the amount collected from the TSPLOST Tax proceeds (hereinafter known as the “net proceeds”) beginning April 1, 2022 and ending March 31, 2027, shall be distributed by the State of Georgia to the County and all qualified Cities outside of the city limits of the City of Atlanta, and shall be allocated to each jurisdiction based on the percentages shown in the table below in Paragraph 3. VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 3 3. DISTRIBUTION PERCENTAGES (A) To facilitate the distribution of net proceeds, the parties agree that the sum of Five Hundred Forty -f ive Million Nine Hundred Fifty-Four Thousand Seven Hundred Twenty and 00/100 Dollars ($545,954,720.00) shall represent an estimate of the maximum net proceeds to be derived from the subject TSPLOST during its five year term. (B) The parties agree that the aggregate total distribution received by the Cities shall amount to one hundred percent (100%) of the net proceeds distributed by the State. (C) The percentage of total net proceeds calculated for each City based on the above distribution shall be adjusted proportionally, if necessary, to ensure that the Cities City of Alpharetta 11.22% City of Chattahoochee Hills 0.55% City of College Park 2.53% City of East Point 5.82% City of Fairburn 2.80% City of Hapeville 1.09% City of Johns Creek 14.11% City of Milton 6.61% City of Mountain Park 0.09% City of Palmetto 0.81% City of Roswell 15.81% City of Sandy Springs 18.27% City of South Fulton 16.55% City of Union City 3.74% Total 100.00% VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 4 on an aggregate basis receive the full one hundred (100%) of net proceeds distributed by the State, as agreed to by the parties. (D) The parties agree that no project will be given preference in the funding and distribution process in such a way that the monthly distribution formula is affected. (F) Should any jurisdiction choose not to be a party to this Agreement, said jurisdiction’s allocation of the net proceeds shall be 0%. If a City chooses not to be party to this agreement, the DISTRIBUTION PERCENTAGES provided under Paragraph #3 shall be adjusted to reflect new percentages based on that city’s population being removed from the calculation. 4. In recognition of the need for transportation improvements across the County and its Cities, the parties agree that the total net proceeds shall be utilized for transportation purposes, as defined in O.C.G.A. § 48-8-260(4) and § 48-8-121. 5. The projects and purposes (“Transportation Projects and Purposes”) to be funded from the net proceeds of the TSPLOST pursuant to this Agreement, the estimated dollar amounts allocated for each transportation purpose, and the schedule for distribution of funds are contained in Exhibit “A” which is attached hereto, incorporated herein by this reference, and made a part of this Agreement. The parties acknowledge and agree that 30% of the estimate revenues are being expended on projects that are consistent with the Statewide Strategic Transportation Plan as defined in O.C.G.A. § 32-2-22. The priority and order in which the TSPLOST proceeds will be fully or partially funded is shown in Exhibit A. 6. Except as otherwise provided herein, the TSPLOST which is the subject of the November 2, 2021 Referendum shall continue for a period of five years from April 1, 2022 until March 31, 2027, unless otherwise terminated earlier pursuant to O.C.G.A. § 48-8-269.10. 7. All Transportation Projects included in this Agreement shall be funded in whole or in part from net p roceeds from the TSPLOST authorized by law except as otherwise agreed in writing by the parties . 8. The net proceeds from the TSPLOST shall be maintained in the parties' separate accounts and utilized exclusively for the purposes specified in this Agreement. The VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 5 p arties acknowledge that TSPLOST proceeds are not guaranteed. Proceeds received under the amount estimated in the Referendum question shall be allocated in accordance with the percentages set forth in this Agreement and shall be used on the Transportation Projects and Purposes as outlined in Exhibit A to this Agreement. 9. Any net proceeds over and above the amount estimated in Section 3(A) of this agreement during the quarter during which this amount is reached shall be allocated in accordance with the percentages set forth in this Agreement and shall be used solely for the transportation purposes listed herein. Each party shall expend its portion of the excess net proceeds from the 2022 TSPLOST Program on the Transportation Projects and Purposes as outlined in Exhibit A to this Agreement. 10. At the end of each party's fiscal year wherein net proceeds from the TSPLOST are distributed, each party shall cause an audit of the distribution and use of its portion of the net proceeds from the TSPLOST to be completed. Each party to this Agreement shall pay the cost of each such annual audit that it conducts. Each party shall publish each of its annual audits as required by law. 11. In addition to the audit required by paragraph 1 0 of this Agreement, at the end of each calendar year wherein net proceeds from the Transportation Special Purpose Local Option Sales Tax are distributed, the Cities and the County shall participate in a joint annual audit of the entire TSPLOST program approved by the voters during the November 2, 2021 Referendum. The purpose of this joint annual audit is to ensure compliance with the Resolution that resulted in the call of the Transportation Special Purpose Local Option Sales Tax Referendum. Fulton County shall choose the auditor to conduct the annual audit. The cost of such joint annual audit shall be paid from proceeds collected by the County as described under paragraph 2 of this document. VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 6 12. Pursuant to O.C.G.A. § 48-8-269.21, not later than December 31 of each year, the County on behalf of itself and the qualified municipalities receiving proceeds from the tax, shall publish annually, in a newspaper of general circulation in the boundaries of each City and the County and in a prominent location on each City's and the County's website, a simple nontechnical report, or consolidated schedule of projects, which shows the following for each Transportation Project or purpose outlined in this Agreement: A. Original estimated cost; B. Current estimated cost if it is not the original estimated cost; C. Amounts expended in prior years; D. Amounts expended in the current year; E. Any excess proceeds which have not been expended for a project or purpose; F. Estimated completion date, and the actual completion cost of a project completed during the current year; and G. A statement of what corrective action the City or County intends to implement with respect to each project which is underfunded or behind schedule. In addition to the above, the County shall include in such publication an accounting of expenditures of the County oversight funds. The use of these funds by the County will made with input from the cities. 13. Fulton County and the Cities will create a Fulton Transportation Investment Citizen’s Oversight Council (“Oversight Council”) within ninety (90) days of the November 2, 2021 referendum. The Oversight Council will oversee the progress and implementation of the program and shall furnish annual reports to the Board of Commissioners and each Mayor and City Council of the Cities within the County outside the City of Atlanta. The report shall also be published periodically. The Oversight Council shall consist of 15 total members with one appointee for each City and one member appointed by the Fulton County Board of Commissioners. The Annual Report shall include a complete list of projects and the progress of the projects. The Oversight Council shall meet at least twice per year. Any administrative costs associated with the Oversight Council shall be paid from the one-half of one percent as described in paragraph #2 above. Fulton County shall provide staff support to the Oversight Council. VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 7 14. This Agreement constitutes all of the understanding and agreements of whatsoever nature or kind existing between the Parties with respect to distribution and use of the proceeds from the TSPLOST. 15. This Agreement shall not be changed or modified except by agreement in writing executed by all Parties hereto. 16. This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Georgia. 17. It is agreed that the illegality or invalidity of any term or clause of this Agreement shall not affect the validity of the remainder of the Agreement, and the Agreement shall remain in full force and effect as if such illegal or invalid term or clause were not contained herein. 18. Each party to this Agreement shall comply with all applicable local, State, and Federal statutes, ordinances, rules and regulations. 19. No consent or waiver, express or implied, by any party to this Agreement to any breach of any covenant, condition or duty of another party shall be construed as a consent to or waiver of any future breach of the same. 20. All notices, consents, waivers, directions, requests or other instruments or communications provided for under this Agreement shall be deemed properly given if, and only if, delivered personally or sent by registered or certified United States mail, postage prepaid, as follows: VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 8 a. If to the City of Alpharetta: Mayor Jim Gilvin City of Alpharetta 2 Park Place Alpharetta, GA 30009 b. If to the City of Chattahoochee Hills: Mayor Tom Reed City of Chattahoochee Hills 6505 Rico Rd Chattahoochee Hills, GA 30268 c. If to the City of College Park: Mayor Bianca Motley Broom City of College Park 3667 Main St. College Park, GA 30337 d. If to the City of East Point: Mayor Deana Holiday Ingraham City of East Point 2777 East Point St. East Point, GA 30344 e. If to the City of Fairburn: Mayor Elizabeth Carr-Hurst City of Fairburn 56 Malone St. Fairburn, GA 30213 f. If to the City of Hapeville: Mayor Alan Hallman City of Hapeville 3468 N. Fulton Ave. Hapeville, GA 30354 g. If to the City of Johns Creek: Mayor Mike Bodker 11360 Lakefield Drive Johns Creek, GA 30097 VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 9 h. If to the City of Milton: Mayor Joe Lockwood City of Milton 2006 Heritage Walk Milton, GA 30004 i. If to the City of Mountain Park: Mayor Jim Still City of Mountain Park 118 Lakeshore Dr. Roswell, GA 30075 j. If to the City of Palmetto: Mayor J. Clark Boddie City of Palmetto P.O Box 190 509 Toombs St. Palmetto, GA 30268 k. If to the City of Roswell: Mayor Lori Henry City of Roswell 38 Hill Street, Suite 115 Roswell, GA 30075 l. If to the City of Sandy Springs: Mayor Rusty Paul City of Sandy Springs 1 Galambos Way Sandy Springs, GA 30328 m. If to the City of South Fulton: Mayor William “Bill” Edwards City of South Fulton 5440 Fulton Industrial Blvd. South Fulton, GA 30336 n. If to the City of Union City: Mayor Vince Williams City of Union City 5047 Union St. Union City, GA 30329 VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 10 o. If to Fulton County: Chairman, Robert Pitts Fulton County 141 Pryor St., 10th Floor Atlanta, GA 30303 Any party may at any time change the address where notices are to be sent or the person to whom such notices should be directed by the delivery or mailing to the above pe rsons a notice stating the change. 21. This Agreement shall become effective on ________________, 2021. If the November 2, 2021 Referendum concerning the imposition of the TSPLOST is not approved by a majority of the voters of Fulton County, this Agreement shall expire and shall be of no force and effect after November 2, 2021. 22. Notwithstanding the parameters of paragraph 21, this Agreement shall continue in full force and effect until July 1st of the year following completion of the last project funded from the net proceeds from the 2022 TSPLOST Program. 23. This Agreement shall be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto acting through their duly authorized agents have caused this Agreement to be signed, sealed and delivered for final execution by Fulton County on the date indicated herein. [SIGNATURES CONTINUE OF FOLLOWING PAGES] VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 11 APPROVED AS TO FORM FULTON COUNTY, GEORGIA: _________________________ By: _________________________ County Attorney Robert L. Pitts, Chairman Board of Commissioners ATTEST: _______________________________ Tonya R. Grier, Clerk to the Commission (ADDITIONAL SIGNATURE PAGES FOLLOW) (Executed in Counterparts for each City) VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 12 APPROVED AS TO FORM CITY OF ALPHARETTA, GEORGIA: _________________________ By: _________________________ City Attorney Mayor David Jim Gilvin ATTEST: ________________________ City Clerk VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 13 APPROVED AS TO FORM CITY OF CHATTAHOOCHEE HILLS, GEORGIA: _________________________ By: _________________________ City Attorney Mayor Tom Reed ATTEST: ________________________ City Clerk VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 14 APPROVED AS TO FORM CITY OF COLLEGE PARK, GEORGIA: _________________________ By: _________________________ City Attorney Mayor Bianca Motley Broom ATTEST: ________________________ City Clerk VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 15 APPROVED AS TO FORM CITY OF EAST POINT, GEORGIA: _________________________ By: _________________________ City Attorney Mayor Deana Holiday Ingraham ATTEST: ________________________ City Clerk VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 16 APPROVED AS TO FORM CITY OF FAIRBURN, GEORGIA: _________________________ By: _________________________ City Attorney Mayor Elizabeth Carr-Hurst ATTEST: ________________________ City Clerk VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 17 APPROVED AS TO FORM CITY OF HAPEVILLE, GEORGIA: _________________________ By: _________________________ City Attorney Mayor Alan Hallman ATTEST: ________________________ City Clerk VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 18 APPROVED AS TO FORM CITY OF JOHNS CREEK, GEORGIA: _________________________ By: _________________________ City Attorney Mayor Mike Bodker ATTEST: ________________________ City Clerk VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 19 APPROVED AS TO FORM CITY OF MILTON, GEORGIA: _________________________ By: _________________________ City Attorney Mayor Joe Lockwood ATTEST: ________________________ City Clerk VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 20 APPROVED AS TO FORM CITY OF MOUNTAIN PARK, GEORGIA: _________________________ By: _________________________ City Attorney Mayor Jim Still ATTEST: ________________________ City Clerk VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 21 APPROVED AS TO FORM CITY OF PALMETTO, GEORGIA: _________________________ By: _________________________ City Attorney Mayor J. Clark Boddie ATTEST: ________________________ City Clerk VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 22 APPROVED AS TO FORM CITY OF ROSWELL, GEORGIA: _________________________ By: _________________________ City Attorney Mayor Lori Henry ATTEST: ________________________ City Clerk VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 23 APPROVED AS TO FORM CITY OF SANDY SPRINGS, GEORGIA: _________________________ By: _________________________ City Attorney Mayor Rusty Paul ATTEST: ________________________ City Clerk P:\CAProjects\BOC\2021 TSPLOST\6.3.21 Draft 2021 TSPLOST IGA with Cities.clean.docx VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 24 APPROVED AS TO FORM CITY OF SOUTH FULTON, GEORGIA: _________________________ By: _________________________ City Attorney Mayor William Edwards ATTEST: ________________________ City Clerk VER 06.16.21 2021 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 25 APPROVED AS TO FORM CITY OF UNION CITY, GEORGIA: _________________________ By: _________________________ City Attorney Mayor Vince Williams ATTEST: ________________________ City Clerk P:\CAProjects\BOC\2021 TSPLOST\6.16.21 Draft 2021 TSPLOST IGA with Cities.clean.docx TSPLOST Funding Scenario (rev 5/3/2021) TSPLOST 2017-2022 Expected Collections (3) Base 5-year Projection Tier I (upto 85%)Tier II (86 - 100%)Tier III (101 - 115%) 5 Year TSPLOST Program Collection Estimate (1) :$554,268,752 $506,669,771 Less Department of Revenue Administrative Fee (1%)($5,542,688)n/a Less Fulton County Program Management Fee (0.5%)($2,771,344)n/a Amount Remaining for City Projects:$545,954,720 $506,669,771 City Name 2019 US Census Estimate (2)% Population Alpharetta 67,213 11.22%$61,238,265 $52,052,526 $9,185,740 $9,185,740 $55,835,692 Chattahoochee Hills 3,318 0.55%$3,023,055 $2,569,596 $453,458 $453,458 $2,381,233 College Park 15,159 2.53%$13,811,478 $11,739,756 $2,071,722 $2,071,722 $11,601,973 East Point 34,875 5.82%$31,774,872 $27,008,642 $4,766,231 $4,766,231 $31,059,159 Fairburn 16,768 2.80%$15,277,450 $12,985,832 $2,291,617 $2,291,617 $12,261,492 Hapeville 6,534 1.09%$5,953,176 $5,060,200 $892,976 $892,976 $5,824,689 Johns Creek 84,579 14.11%$77,060,557 $65,501,474 $11,559,084 $11,559,084 $73,011,879 Milton 39,587 6.61%$36,068,011 $30,657,809 $5,410,202 $5,410,202 $32,883,195 Mountain Park 568 0.09%$517,509 $439,883 $77,626 $77,626 $506,347 Palmetto 4,851 0.81%$4,419,782 $3,756,815 $662,967 $662,967 $3,850,622 Roswell 94,763 15.81%$86,339,276 $73,388,384 $12,950,891 $12,950,891 $82,790,728 Sandy Springs 109,452 18.27%$99,722,533 $84,764,153 $14,958,380 $14,958,380 $92,316,221 South Fulton 99,155 16.55%$90,340,860 $76,789,731 $13,551,129 $13,551,129 $84,108,069 Union City 22,399 3.74%$20,407,896 $17,346,711 $3,061,184 $3,061,184 $18,238,472 Total 599,221 100% Total City Program Budget $545,954,720 $464,061,512 $81,893,208 $81,893,208 $506,669,771 Sources: (1) - Fulton County TSPLOST Revenue Forecast, GSU Andrew Young School, Fiscal Research Center, April 23, 2021 (2) - US Census Bureau; https://www.census.gov/data/tables/time-series/demo/popest/2010s-total-cities-and-towns.html, May 2020 (3) - Actual collections received to date (March 31, 2021) plus forecasted collections through March 31, 2022 TSPLOST 2022-2027 Projections