HomeMy WebLinkAbout02-07-11 Packet
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Joe Longoria
Alan Tart
Monday, February 7, 2011 Regular Council Meeting Agenda 6:00 PM
INVOCATION
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by the Mayor)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 11-019)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the January 19, 2011 Regular Minutes.
(Agenda Item No. 11-020)
(Sudie Gordon, City Clerk)
2. Consent to the Request for Assignment of Contract and Task Order from Street Smarts,
Inc. to Stantec Consulting Services, Inc.
(Agenda Item No. 11-021)
(Carter Lucas, Public Works Director)
3. Approval of a Parks and Recreation Event License Agreement Between the City of
Milton and i9 Sports Forsyth/North Fulton to Offer a Coed Youth Soccer Program for
Ages 4-12 at Cogburn Woods Elementary School.
(Agenda Item No. 11-022)
(Cyndee Bonacci, Parks and Recreation Director)
Page 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 7, 2011
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
4. Approval of a Parks and Recreation Event License Agreement Between the City of
Milton and i9 Sports Forsyth/North Fulton to Offer a Coed Youth Flag-football Program
For Ages 4-12 at Birmingham Falls Elementary School.
(Agenda Item No. 11-023)
(Cyndee Bonacci, Parks and Recreation Director)
5. Approval of a Parks and Recreation Independent Contractor Services Agreement
Between the City of Milton and Jessica Miller to Offer a Jr. Jazzercise Program.
(Agenda Item No. 11-024)
(Cyndee Bonacci, Parks and Recreation Director)
6. Approval of a Temporary Access License Agreement between the City of Milton and
Wellness Centers of America, Inc. for the Jr. Jazzercise Program.
(Agenda Item No. 11-025)
(Cyndee Bonacci, Parks and Recreation Director)
6) REPORTS AND PRESENTATIONS
1. Presentation of Rural Metro Ambulance (RMA) Emergency Medical Transport Fees.
(Agenda Item No. 11-026)
(Reg James, Division General Manager for RMA)
7) FIRST PRESENTATION (None)
8) PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
1. Approval of the Issuance of an Alcohol Beverage License to The Club Pub, LLC
d/b/a Erwood’s located at 12635 Crabapple Road, Suite 310, Milton, Georgia
30004. The applicant is Robert Forrest for consumption on premises – wine, malt
beverages and distilled spirit.
(Agenda Item No. 11-027)
(Stacey Inglis, Finance Director)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS (None)
MILTON CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 7, 2011
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
11) NEW BUSINESS
1. Resolution of the City of Milton, Georgia to Set Qualifying Fees for Municipal Elections.
(Agenda Item No. 11-028)
(Chris Lagerbloom, City Manager)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
1. Parks and Recreation Department Capital Projects and Programs Update.
(Cyndee Bonacci, Parks and Recreation Department)
2. Discussion of Revision to Road Abandonment Law and Milton’s Road Privatization
Policy.
(Carter Lucas, Public Works Director)
3. High Intensity Use Buffers and Undesirable Uses Discussion.
(Lynn Tully, Community Development Director)
14) EXECUTIVE SESSION (None)
15) ADJOURNMENT
(Agenda Item No. 11-029)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: January 18, 2011 for the February 7, 2011 Council Meeting
Agenda Item: Consent to the request for assignment of contract and task order from Street
Smarts, Inc. to Stantec Consulting Services Inc.
Background:
On October 8, 2010 Stantec Consulting Services Inc. purchased certain assets of Street Smarts,
Inc. with the result that the ongoing business and affairs of Street Smarts is now wholly owned
by Stantec.
Discussion:
The City has a master oncall engineering contract and four task orders with Street Smarts that
now fall under Stantec. It is requested for the City to approve the assignment of the contract and
task orders to Stantec by signing a consent.
Review:
Legal Review of cover letter and consent – Paul Higbee on 1/18/11
Attachments:
Cover letter and consent
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: January 18, 2011 for the February 7, 2011 Council Meeting
Agenda Item: Consent to the request for assignment of contract and task order from Street
Smarts, Inc. to Stantec Consulting Services Inc.
Background:
On October 8, 2010 Stantec Consulting Services Inc. purchased certain assets of Street Smarts,
Inc. with the result that the ongoing business and affairs of Street Smarts is now wholly owned
by Stantec.
Discussion:
The City has a master oncall engineering contract and four task orders with Street Smarts that
now fall under Stantec. It is requested for the City to approve the assignment of the contract and
task orders to Stantec by signing a consent.
Review:
Legal Review of cover letter and consent – Paul Higbee on 1/18/11
Attachments:
Cover letter and consent
January 6, 2011
Stantec Consulting Services [no.
3160 Main Street. Suite 101
Duluth. Georgia 30096
TeL (770) 813-0882
Fax: (770) S1;3 068
City of Milton
Purchasing
93000 Deerfield Parkway, Suite 107G
Milton, GA 30004
Attention: Rick Pearce, Procurement t Coordinator
Clear Mr. Pearco:
Reference: Contracts for Professional Services
Please be informed that on October 8, 2010, Stantec Consulting Services Inc. ("Stantec") purchased certain
assets of Street Smarts, Inc. and Data Smarts, LLG ("Street Srnarts"} with the result that the ongoing business
and affairs of Street Smarts is now wholly owned by Stantec. Stantec will maintain the present office locations
of Streot Smarts with no interruption in operations or client services, and all future projects and operations will
be under the Stantec name. Stantec, provides professional consulting services in planning, engineering,
architecture, interior design, landscape architecture, surveying, environmental sciences, project managerrlent,
and project economics for infrastructure and facilities projects. We support public and private sector clients it a
diverse ranee of markets. at every stage, from initial concept and financial feasibility to project completion and
beyond. Our services are offered through approximately 10,000 employees operating out of more than 150
locations in north Arnrica.
Stantec's vision includes working with the best clients on the best projects and providing the best services.
Accordingly, please be assured that the ctartinuity of your current project will be unaffected by this new
arrangement. The caliber of the personnel currently working on your project will not change and, except for the
assignment requested herein, no other aspera will be affected.
In this regard, we request your approval to assign the following contracts:
RFQ #08-001, 'Task Order:
1, Arnold Mill at New Providence including task orders 09 -SSI -03, REV 09 -SSI -03 and 10 -SSI -05
2, Birmingharn at Providence including task orders 09-SS1-04, REV 09 -SS 1-04 and 10 -SSI -0
3. Mayfield at Mid Broadwell fortask order 10 -SSI -07
4, Hopewell at Cogburn for task order 1O -SSI -03
in the name of Street Smarts, Inc. to Stantec. Kindly indicate your consent to tho request for assignment by
returning a duplicate copy of this letter. executed can behalf of the City of Milton to Street Smarts.
Sincerely,
STANT C CO SULTI RVIC S INC,
L•
Andy ANderson��'
Prin�,i al
(f.k,a STREET SMARTS, INC.)
Page 2 of 2
The undersigned hereby consents to the assignment of the Contract noted above to Stantec Consulting
Services Inc., Inc., effective , 20
City of Milton
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Cyndee L. Bonacci, Parks and Recreation Director
Submission Date: January 24, 2011
Meeting Date: February 7, 2011
Agenda Item: Approval of a Parks and Recreation Event License Agreement Between the
City of Milton and i9 Sports Forsyth/North Fulton to Offer a Coed Youth
Soccer Program for Ages 4-12 at Cogburn Woods Elementary School
Background:
The Parks and Recreation Department is eager to begin offering programs and additional
services to the citizens of Milton. Many of these programs may be offered by outside providers
through a license agreement with the City of Milton based on a submitted program proposal
rather than offering these programs through a paid independent contractor or a paid employee
of the City.
Discussion:
Nationally based in the Tampa Bay (FL) area, i9 Sports is the first and fastest growing franchise
of youth sports leagues, camps, and programs in the United States. With over 100,000
participants since 2003 and 100 franchise locations in 25 states, i9 Sports offers the most popular
team sports for kids with a focus on fun, inclusivity, safety, convenience and good
sportsmanship. The local franchise area covers Forsyth County and North Fulton.
We began meeting with representatives from i9 Sports Forsyth/North Fulton last summer as
we were starting to plan for future programs. Initially we only explored youth flag-football, but
have decided to also include youth soccer at this time. We have reviewed their proposal,
checked credentials and references, and received a copy of their license and liability insurance
coverage. Tom and I agree that this youth soccer program would be an asset to the Parks and
Recreation Department. Once this agreement is approved, registration would begin
immediately and games would begin as early as March 12, 2011 at Cogburn Woods Elementary
per the intergovernmental agreement with the Fulton County Board of Education set to take
effect on March 1, 2011. A commission of 25% of all registration fees will be paid to the City of
Milton. They have elected to give Milton residents a $10 discount off registration fees.
Attachments:
A Parks and Recreation Event License Agreement Between the City of Milton and i9 Sports
Forsyth/North Fulton to Offer a Coed Youth Soccer Program for Ages 4-12 at Cogburn Woods
Elementary School
1
CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT
In consideration of the mutual promises made herein, this License is entered into on this _____ day of
__________________, 2011 by and between, the City of Milton, Georgia (hereinafter the “City”) and Kloock
Youth Sports, Inc. d/b/a i9 Sports Forsyth/North Fulton (hereinafter “Licensee”):
1. Licensed Use:
The City, in exchange for good and valuable consideration described herein, hereby authorizes Licensee to use
Cogburn Woods Elementary School, 13080 Cogburn Road, Milton, Georgia 30004 (the “Premises”), for Milton
i9 Sports Coed Youth Soccer (the “Event(s)”) on Saturdays from 9 a.m. to 4 p.m. beginning March 12, 2011.
This License shall be limited to the Premises and Event(s) described above, provided that Licensee shall have
reasonable access to the Premises for the purpose of conducting the Event(s). The Licensee shall conduct all set-up
and cleanup activities related to the Event(s) during the term of the Event(s) specified herein and shall vacate the
Premises immediately upon termination of the Event(s). The City may terminate this License immediately for
convenience at any time by providing a written notice of termination to Licensee.
a. Licensee, as partial consideration for this License, shall be responsible for hosting the Event(s) in
accordance with the terms and conditions described in Exhibit “A,” attached hereto and incorporated herein by
reference. As further consideration for this License, Licensee shall pay to the City 25% of all registration fees.
Licensee shall be responsible for the safe operation of any equipment utilized by Licensee. If keys for any Premises
facility have been provided to Licensee, Licensee shall be responsible for unlocking and inspecting facilities and
reporting any safety concerns to the City in a timely fashion. Upon completion of the services, Licensee shall be
responsible, if applicable, for locking the Premises facility and securing any Premises equipment used by Licensee.
b. Licensee shall immediately comply with all directives of the City in regard to health, safety and security
matters at the Premises and with all pertinent rules and regulations (including all Rules and Regulations of the
Fulton County Board of Education) relating to the Premises, except as are more specifically modified by this
License Agreement. Licensee understands that the City is a lessee of the Premises, and Licensee acknowledges and
agrees that Licensee has been provided and reviewed a copy of the agreement between the Fulton County Board of
Education (owner of the Premises) and the City governing the City’s use of the Premises; Licensee shall comply
with all applicable terms of said agreement. This provision shall be enforceable by the City, and failure of Licensee
to comply with the terms thereof shall be grounds for immediate termination of this License and vacation of the
Premises by Licensee and guests of the Event(s).
c. Licensee shall indemnify, save and hold harmless the City and the Fulton County Board of Education, their
officers, boards, commissions, elected officials, employees and agents from any and all claims, suits, actions,
liability, judgments, damages, losses, and expenses, including but not limited to attorney’s fees, resulting from:
i. Any and all loss and/or damage to the Premises or any property located thereon caused by the
Licensee and/or by any guest of the Event(s);
ii. Injury to personal property or the person of, or the death of, any individual as a result of the Event(s);
and
iii. Any other occurrence that results from the Event(s).
2
2. Miscellaneous Provisions:
a. In the event Licensee refuses or neglects to provide any of the items herein stated, or fails or refuses to make
any of the payments as provided herein or to proceed with the Event(s), the City shall have no obligation to perform
under this License.
b. The Licensee 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, but only to the extent caused in whole or in part by negligent,
reckless or intentional acts or omissions of the Licensee.
c. Time is of the essence.
d. This License shall not be changed, modified or varied except by a written statement signed by all parties
hereto. Neither party may assign this License. Each of the individuals who executes this Agreement agrees and
represents that he is authorized to execute this License on behalf of the respective entity. Accordingly, the City and
Licensee both waive and release any right to contest the enforceability of this License based upon the execution
and/or approval thereof.
IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above
written:
For the City:
_______________________________
Joe Lockwood, Mayor
For the Licensee:
___________________________________
Pegah Jimenez, Kloock Youth Sports, Inc. d/b/a i9 Sports Forsyth/North Fulton
CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT
3
Exhibit “A”
Licensee: Pegah Jimenez, Kloock Youth Sports, Inc. d/b/a i9 Sports Forsyth/North Fulton
Term: Beginning March 12, 2011, Ending May 28, 2011 (Seasonal Renewal Option); Registration may
begin upon execution of this agreement
Program/Activity/Event: Coed Youth soccer (Ages 4-12)
Location: Cogburn Woods Elementary School Field (Per City IGA with Fulton County Schools)
Time(s): 9 a.m. to 4 p.m.
Day(s): Saturdays
Registration Process: www.i9sports.com
Fees Charged By Licensee: $135 per season for Milton residents; $145 for non-Milton residents
Rate Paid to City of Milton: 25% of all registration fees
Payments Made: Two weeks after the end of registration
Reporting Documentation Required: Participant rosters including address, age, along with fee paid
Limitations: Space and time available for use
Required Licensee Documentation on File: Proposal, Liability Insurance, Business License, Registered
Agent Verification, References, Experience, Certifications, Background Checks and Correspondence
The City of Milton will market this program on its website under Parks and Recreation, Programs and
Activities.
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Cyndee L. Bonacci, Parks and Recreation Director
Submission Date: January 24, 2011
Meeting Date: February 7, 2011
Agenda Item: Approval of a Parks and Recreation Event License Agreement Between the
City of Milton and i9 Sports Forsyth/North Fulton to Offer a Coed Youth Flag
Football Program for Ages 4-12 at Birmingham Falls Elementary School
Background:
The Parks and Recreation Department is eager to begin offering programs and additional
services to the citizens of Milton. Many of these programs may be offered by outside providers
through a license agreement with the City of Milton based on a submitted program proposal
rather than offering these programs through a paid independent contractor or a paid employee
of the City.
Discussion:
Nationally based in the Tampa Bay (FL) area, i9 Sports is the first and fastest growing franchise
of youth sports leagues, camps, and programs in the United States. With over 100,000
participants since 2003 and 100 franchise locations in 25 states, i9 Sports offers the most popular
team sports for kids with a focus on fun, inclusivity, safety, convenience and good
sportsmanship. The local franchise area covers Forsyth County and North Fulton.
We began meeting with representatives from i9 Sports Forsyth/North Fulton last summer as
we were starting to plan for future programs. Youth flag-football was the first program we
discussed offering through i9. We have reviewed their proposal, checked credentials and
references, and received a copy of their license and liability insurance coverage. Tom and I
agree that this youth flag football program would be an asset to the Parks and Recreation
Department. Once this agreement is approved, registration would begin immediately and
games would begin as early as March 13, 2011 at Birmingham Falls Elementary per the
applicable agreement with the Fulton County Board of Education. A commission of 25% of all
registration fees will be paid to the City of Milton. They have elected to give Milton residents a
$10 discount off registration fees.
Attachments:
A Parks and Recreation Event License Agreement Between the City of Milton and i9 Sports
Forsyth/North Fulton to Offer a Coed Youth Flag Football Program for Ages 4-12 at
Birmingham Falls Elementary School
1
CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT
In consideration of the mutual promises made herein, this License is entered into on this _____ day of
__________________, 2011 by and between, the City of Milton, Georgia (hereinafter the “City”) and Kloock
Youth Sports, Inc. d/b/a i9 Sports Forsyth/North Fulton (hereinafter “Licensee”):
1. Licensed Use:
The City, in exchange for good and valuable consideration described herein, hereby authorizes Licensee to use
Birmingham Falls Elementary School, 14865 Birmingham Highway, Milton, Georgia 30004 (the
“Premises”), for Milton i9 Sports Coed Youth Flag Football (the “Event(s)”) on Sundays from 12 p.m. to 5
p.m. beginning March 13, 2011.
This License shall be limited to the Premises and Event(s) described above, provided that Licensee shall have
reasonable access to the Premises for the purpose of conducting the Event(s). The Licensee shall conduct all set-up
and cleanup activities related to the Event(s) during the term of the Event(s) specified herein and shall vacate the
Premises immediately upon termination of the Event(s). The City may terminate this License immediately for
convenience at any time by providing a written notice of termination to Licensee.
a. Licensee, as partial consideration for this License, shall be responsible for hosting the Event(s) in
accordance with the terms and conditions described in Exhibit “A,” attached hereto and incorporated herein by
reference. As further consideration for this License, Licensee shall pay to the City 25% of all registration fees.
Licensee shall be responsible for the safe operation of any equipment utilized by Licensee. If keys for any Premises
facility have been provided to Licensee, Licensee shall be responsible for unlocking and inspecting facilities and
reporting any safety concerns to the City in a timely fashion. Upon completion of the services, Licensee shall be
responsible, if applicable, for locking the Premises facility and securing any Premises equipment used by Licensee.
b. Licensee shall immediately comply with all directives of the City in regard to health, safety and security
matters at the Premises and with all pertinent rules and regulations (including all Rules and Regulations of the
Fulton County Board of Education) relating to the Premises, except as are more specifically modified by this
License Agreement. Licensee understands that the City is a lessee of the Premises, and Licensee acknowledges and
agrees that Licensee has been provided and reviewed a copy of the agreement between the Fulton County Board of
Education (owner of the Premises) and the City governing the City’s use of the Premises; Licensee shall comply
with all applicable terms of said agreement. This provision shall be enforceable by the City, and failure of Licensee
to comply with the terms thereof shall be grounds for immediate termination of this License and vacation of the
Premises by Licensee and guests of the Event(s).
c. Licensee shall indemnify, save and hold harmless the City and the Fulton County Board of Education, their
officers, boards, commissions, elected officials, employees and agents from any and all claims, suits, actions,
liability, judgments, damages, losses, and expenses, including but not limited to attorney’s fees, resulting from:
i. Any and all loss and/or damage to the Premises or any property located thereon caused by the
Licensee and/or by any guest of the Event(s);
ii. Injury to personal property or the person of, or the death of, any individual as a result of the Event(s);
and
2
iii. Any other occurrence that results from the Event(s).
2. Miscellaneous Provisions:
a. In the event Licensee refuses or neglects to provide any of the items herein stated, or fails or refuses to make
any of the payments as provided herein or to proceed with the Event(s), the City shall have no obligation to perform
under this License.
b. The Licensee 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, but only to the extent caused in whole or in part by negligent,
reckless or intentional acts or omissions of the Licensee.
c. Time is of the essence.
d. This License shall not be changed, modified or varied except by a written statement signed by all parties
hereto. Neither party may assign this License. Each of the individuals who executes this Agreement agrees and
represents that he is authorized to execute this License on behalf of the respective entity. Accordingly, the City and
Licensee both waive and release any right to contest the enforceability of this License based upon the execution
and/or approval thereof.
IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above
written:
For the City:
_______________________________
Joe Lockwood, Mayor
For the Licensee:
___________________________________
Pegah Jimenez, Kloock Youth Sports, Inc. d/b/a i9 Sports Forsyth/North Fulton
3
CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT
Exhibit “A”
Licensee: Pegah Jimenez, Kloock Youth Sports, Inc. d/b/a i9 Sports Forsyth/North Fulton
Term: Beginning March 13, 2011, Ending May 29, 2011 (Seasonal Renewal Option); Registration may
begin upon execution of this agreement
Program/Activity/Event: Coed Youth flag football (Ages 4-12)
Location: Birmingham Falls Elementary School Field (Per City Agreement with Fulton County Schools)
Time(s): 12 p.m. to 5 p.m.
Day(s): Sundays
Registration Process: www.i9sports.com
Fees Charged By Licensee: $135 per season for Milton residents; $145 for non-Milton residents
Rate Paid to City of Milton: 25% of all registration fees
Payments Made: Two weeks after the end of registration
Reporting Documentation Required: Participant rosters including address, age, along with fee paid
Limitations: Space and time available for use
Required Licensee Documentation on File: Proposal, Liability Insurance, Business License, Registered
Agent Verification, References, Experience, Certifications, Background Checks and Correspondence
The City of Milton will market this program on its website under Parks and Recreation, Programs and
Activities.
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Cyndee L. Bonacci, Parks and Recreation Director
Submission Date: January 24, 2011
Meeting Date: February 7, 2011
Agenda Item: Approval of a Parks and Recreation Independent Contractor Services
Agreement Between the City of Milton and Jessica Miller to Offer a Jr.
Jazzercise Program
Background:
The Parks and Recreation Department is eager to begin offering programs and additional
services to the citizens of Milton. Many of these programs may be offered by outside providers
through an agreement with the City of Milton based on a submitted program proposal rather
than offering these programs through a paid independent contractor or a paid employee of the
City.
Discussion:
Jessica Miller is a licensed instructor (#17313) with Jazzercise. She contacted us initially to offer
program space at Wellness Centers of America where she is also employed. After meeting with
Jessica, she expressed interest in offering a youth jazzercise program in conjunction with the
City of Milton through the Parks and Recreation Department. We have reviewed her proposal,
checked her credentials and qualifications, and received a copy of her license and liability
insurance coverage. Tom has met with Jessica and we agree that this program would be an asset
to the Parks and Recreation Department. Once this agreement is approved, classes would begin
in mid-February and would include a feature performance during the half-time show of the
Atlanta Hawks game at Philip’s Arena on March 12, 2011. A commission of 10% of all
registration fees will be paid to the City of Milton for this 6 class session. Classes will be held at
Wellness Centers of America on Highway 9.
Attachments:
A Parks and Recreation Independent Contractor Services Agreement Between the City of
Milton and Jessica Miller to Offer a Jr. Jazzercise Program
IC agreement Jazzercise 2 7 11
Mon Jan 31, 2011 11:28AM
Page -1-
COUNTY OF FULTON
STATE OF GEORGIA
AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (the
“Agreement”) is made as of this ____ day of February, 2011, between the CITY OF MILTON,
GEORGIA a political subdivision of the State of Georgia (the “City”), and Jessica Miller
(the “Contractor”).
AGREEMENT
In consideration of the terms, conditions and covenants hereinafter set forth, the parties
agree as follows:
1.0 ENGAGEMENT OF THE CONTRACTOR
City hereby agrees to engage the Contractor and the Contractor hereby agrees to perform
the services hereinafter set forth in connection with this Agreement.
2.0 SERVICES AND COMPENSATION
The Contractor shall perform the following services for the City:
See Exhibit “A,” attached hereto and incorporated herein by reference.
The Contractor shall be compensated for the provision of such services as follows:
See Exhibit “A,” attached hereto and incorporated herein by reference.
3.0 TERMINATION
The City may terminate this Agreement at any time for convenience immediately by the
provision of written notice of termination to the Contractor.
4.0 LENGTH OF AGREEMENT
The term of this Agreement shall be from the date of execution until _____________,
unless terminated earlier as provided for herein.
IC agreement Jazzercise 2 7 11
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5.0 WORK ON THE CITY’S DESIGNATED PREMISES
Whenever the Contractor enters the City's designated premises, which includes any job site
and travel to and from such job site, for any reason in connection with this Agreement, the
Contractor shall observe all security requirements and all safety, protection, and traffic
regulations. The Contractor shall defend, indemnify, and hold the City and its elected officials,
officers, employees, and agents harmless from all claims, actions, demands, loss, and causes of
action, arising from injury, including death, to any person, or damage to any property, when such
injury or damage results in whole or in part from the acts or omissions of the Contractor, save and
except damage caused by the sole negligence of the City. The Contractor shall be responsible for
the safe operation of any equipment utilized by the Contractor. If keys for any City facility have
been provided to the Contractor, Contractor shall be responsible for unlocking and inspecting
facilities and reporting any safety concerns to the City in a timely fashion. Upon completion of the
services, Contractor shall be responsible, if applicable, for locking the City facility and securing
any City equipment used by Contractor.
6.0 HOLD HARMLESS AGREEMENT.
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the City, and its elected officials, officers, employees and agents, from and against claims,
damages, losses and expenses, including but not limited to attorneys fees, arising out of or
resulting from performance of this Agreement, provided that such claim, damage, loss or expense
is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the proper performance of the Agreement itself) including loss of use
resulting thereof, but only to the extent caused in whole or in part by negligent, reckless or
intentional acts or omissions of the Contractor, including but not limited to services and/or
delivery of goods, regardless of whether or not such claim, damage, loss or expense is caused in
part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge,
or reduce other rights or obligations of indemnity, which would otherwise exist as to a party or
person described in this paragraph.
7.0 STATUS AS INDEPENDENT CONTRACTOR
Contractor hereby covenants and declares that she is engaged in an independent business
and agrees to perform the services as an independent contractor and not as the agent or employee
of the City. The Contractor agrees to be solely responsible for her own matters relating to the time
and place the services are performed; the instrumentalities, tools, supplies and/or materials
necessary to complete the services; hiring of Contractors, agents or employees to complete the
services; and the payment of employees, including compliance with Social Security, withholding
and all other regulations governing such matters. The Contractor agrees to be solely responsible
IC agreement Jazzercise 2 7 11
Mon Jan 31, 2011 11:28AM
Page -3-
for her own acts and those of her subordinates, employees, and subcontractors during the life of
this Agreement. Any provisions of this Agreement that may appear to give the City the right to
direct Contractor as to the details of the services to be performed by Contractor or to exercise a
measure of control over such services will be deemed to mean that Contractor shall follow the
directions of the City with regard to the results of such services only.
8.0 ATTORNEYS FEES
The Contractor 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, but only to the extent caused
in whole or in part by negligent, reckless or intentional acts or omissions of the Contractor.
9.0 MISCELLANEOUS PROVISIONS
9.1 This Agreement shall be governed by the laws of the State of Georgia.
9.2 City and Contractor, respectfully, bind themselves to this Agreement with respect
9.3 This Agreement shall not be assigned by Contractor.
9.4 This Agreement constitutes the entire agreement between City and Contractor with
9.5 This Agreement may be executed in any number of counterparts, each of which
9.6 Time is of the essence.
9.7 Nothing contained herein shall create a contractual relationship with, or any rights
WITNESS WHEREOF, the parties hereto have caused these presents to be executed and by
ITY OF MILTON, GEORGIA: CONTRACTOR:
y:
to all covenants of this Agreement.
respect to the subject matter hereof.
shall be deemed an original but all of which constitute one and the same
Agreement.
in favor of, any third party.
IN
their respective officers all as of the day and year first above written.
C
B By:_____________________
IC agreement Jazzercise 2 7 11
Mon Jan 31, 2011 11:28AM
Page -4-
ION INDEPENDENT CONTRACTORCITY OF MILTON PARK AND RECREAT
AGREEMENT
Exhibit “A”
icensee: Jessica Miller, Certified Jazzercise Instructor, Franchise ID 17313/District 0391
erm: Beginning February 8, 2011 for 6 weeks (Renewal Option)
rogram/Activity/Event: Junior Jazzercise Classes (Featured performance at Atlanta Hawks
ocation: Wellness Centers of America, Inc. (per Temporary Access License Agreement)
ime(s): 10:30 a.m.to 12:30 p.m. (potential to change if another class is added due to demand)
aturdays (potential to change if another class is added due to demand)
ll participation fees
fee paid
es may be added
n
etter, Temporary Access License Agreement, References, Experience, Certifications, and
he City of Milton will market this program on its website under Parks and Recreation,
rograms and Activities for the benefit of Milton citizens.
L
T
P
game on March 12, 2011)
L
T
Day(s): S
Registration Process: Walk-in at Wellness Centers of America
Fees Charged By Licensee: $90 for all participants
Commission Rate Paid to City of Milton: 10% of a
Payments Made: Two weeks after the end of registration
Reporting Documentation Required: Class roster(s) with
Limitations: Maximum class size is 10 participants – additional class
Licensee Documentation on File: Proposal, Liability Insurance, Location Authorizatio
L
Correspondence
T
P
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Cyndee L. Bonacci, Parks and Recreation Director
Submission Date: January 24, 2011
Meeting Date: February 7, 2011
Agenda Item: Approval of a Temporary Access License Agreement between City of Milton
and Wellness Centers of America, Inc. for the Jr. Jazzercise Program
Background:
The City of Milton will be contracting with Jessica Miller to offer a Jr. Jazzercise Program. We
do not currently have a facility where this program may be offered.
Discussion:
This agreement will allow Jessica Miller to utilize space at Wellness Centers of America for this
Jr. Jazzercise Program. We have an initial letter of support and authorization from WCOA, Inc.
allowing this use in addition to this agreement.
Attachments:
A Temporary Access License Agreement between City of Milton and Wellness Centers of
America, Inc. for the Jr. Jazzercise Program
TEMPORARY ACCESS LICENSE AGREEMENT
In consideration of the mutual promises made herein, this License is entered into on this _____ day of February,
2011 by and between, the City of Milton, Georgia (hereinafter the ”Licensee”) and Wellness Centers of America,
Inc. (hereinafter referred to as the “Licensor”):
1. Licensed Use:
The Licensor, in exchange for inclusion in marketing announcements for the Jr. Jazzercise Program offered by
Jessica Miller per the agreement with the City of Milton and other good and valuable consideration set forth herein,
hereby authorizes Licensee to use:
Deerfield Place Shopping Center; 13057 Highway 9 North, Suite 230; Milton, Georgia 30004 (the “Premises”);
for vehicular, equipment, and personnel access for:
A Jr. Jazzercise Program (the “Event”);
being conducted by the Licensee at the Premises on:
Saturdays from 10:30 a.m. to 12:30 p.m. from February 12, 2011 through March 12, 2011(the “Term”).
This License shall be limited to the Premises and Term described above. The Licensee shall vacate the Premises
immediately upon termination of the Term.
2. Miscellaneous Provisions:
This License shall not be changed, modified or varied except by a written statement signed by all parties hereto with
the same formalities as in the execution of this License. Neither party may assign this License. Each signatory who
executes this License hereby agrees and represents that he is authorized to execute this License on behalf of the
respective entity. Accordingly, the Licensor and Licensee both waive and release any right to contest the
enforceability of this License based upon the execution and/or approval thereof.
IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above
written:
For the City:
_______________________________
For Wellness Centers of America, Inc.:
___________________________________
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on January 5, 2011 for February 7, 2011 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to The Club Pub, LLC
d/b/a Erwood’s
City Manager’s Office Recommendation:
Approve the issuance of an Alcohol Beverage License to The Club Pub, LLC d/b/a Erwood’s for
consumption on premises of wine, malt beverages, and distilled spirits.
Background:
City of Milton Ordinance Chapter 4 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: The Club Pub, LLC d/b/a Erwood’s
Owner(s) Name: Robert Forrest
Business Address: 12635 Crabapple Rd, Ste 310, Milton, GA 30004
Type of License to be Issued: Consumption on Premises – Wine, Malt Beverages & Distilled
Spirits
Concurrent Review:
Chris Lagerbloom, City Manager
Deb Harrell, Chief of Police
Lynn Tully, Director of Community Development
1
STATE OF GEORGIA RESOLUTION NO.
FULTON COUNTY
RESOLUTION OF THE CITY OF MILTON, GEORGIA
TO SET QUALIFYING FEES FOR MUNICIPAL ELECTIONS
The Council of the City of Milton hereby resolves while in regular session on the 7th day of
February, 2011 at 6:00 pm:
WHEREAS, effective January 1, 1999, the Georgia Municipal and Georgia Election
Codes were combined into one known as the Georgia Election Code; and
WHEREAS, such Code provides at § 21-2-131(a)(1) that qualifying fees shall be fixed in
which a general election is to be held; and
WHEREAS, State law provides that such fees shall be three percent (3%) of the total
gross salary of the office paid in the preceding year of a salaried office; and
WHEREAS, in compliance with House Bill 1470, the City of Milton will be holding
elections for Council Seats from District 2, District 4, and District 6 in 2011; and
WHEREAS, the Internal Revenue Service has held that Councilmembers hold salaried
positions:
NOW, THEREFORE, the Mayor and Council of the City of Milton, Georgia, pursuant to
their authority do hereby adopt a Resolution as follows:
1.
The following qualifying fees shall apply to candidates seeking municipal office in the
election to be held November 8, 2011:
City Councilmember - $390.00
2.
Let a copy of this Resolution be published in a newspaper of general circulation
following its adoption.
The above Resolution was read and approved by the Mayor and Council of the City of
Milton on the 7th day of February, 2011.
______________________________
Attest: Joe Lockwood, Mayor
Sudie AM Gordon, City Clerk
(Seal)